HomeMy WebLinkAbout16 - RFQ - Economic Development Plan Update
Request for Qualifications and Professional Services Agreement
City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
Page 1 of 21
Request for Qualifications
for
PROFESSIONAL SERVICES TO UPDATE
The City of Bozeman’s 2009 Economic Development Plan
Proposals must be received no later than:
Monday, May 23, 2016
5 PM, MST
E-mail proposal to:
Pearl Michalson, Interim City Clerk
City of Bozeman
agenda@bozeman.net
NOTICE IS HEREBY given that the City of Bozeman is requesting statement of qualifications with a
proposed schedule and a “not to exceed” cost estimates to update the City of Bozeman’s 2009
Economic Development Plan (EDP) proposing updated content and formatting, incorporating text,
graphics and tables to effectively convey data and other information. All statements of qualifications
must be in .pdf format and emailed to agenda@bozeman.net clearly identified with RFQ title,
company name and due date in the subject line. The complete RFQ can be found here:
http://www.bozeman.net/City-Government/BIDs
All proposals must be delivered via email at agenda@bozeman.net by Monday, May 23, 2016 @
5:00 p.m. It is the sole responsibility of the proposing firm to ensure that proposals are received
prior to the closing time as late submittals will not be considered.
Request for Qualifications and Professional Services Agreement
City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
Page 2 of 21
DISCRIMINATION
Discrimination in the performance of any agreement awarded under this RFQ on the basis of
race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual
orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring
and treatment of the awarded entity’s employees and to all subcontracts.
As such, each entity submitting under this notice shall include a provision wherein the
submitting entity, or entities, affirms in writing it will not discriminate on the basis of race, color,
religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual
orientation, gender identity or disability and which also recognizes the eventual contract will
contain a provision prohibiting discrimination as described above and that this prohibition on
discrimination shall apply to the hiring and treatment of the submitting entity’s employees and
to all subcontracts.
Failure to comply with the above shall be cause for the City to deem the submittal non-
responsive.
The City of Bozeman is required to be an Equal Opportunity Employer
DATED at Bozeman, Montana, this 21st day of APRIL, 2016
__________
Pearl Michalson, Interim City Clerk
For publication on:
Sunday, April 24, 2016
Sunday, May 8, 2016
Request for Qualifications and Professional Services Agreement
City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
Page 3 of 21
I. PROJECT DESCRIPTION
A. Introduction
The City of Bozeman is Montana’s fourth largest municipality with a population of approximately
39,860 persons and Montana’s fastest growing population and economy. The City includes
approximately 12,477 acres in size with a planning area of 42,463 acres. Bozeman sits in Gallatin
County and is the county seat for the County. Bozeman is the retail, transportation, education and
communications hub of southwest Montana. Additionally, Bozeman is the host community to
Montana State University, Montana’s land grant institution and Bozeman’s largest employer.
Between 2000 and 2013, the city’s population increased from 27,590 to 39,860 persons, an increase
of 12,270 persons or 44.5 percent. In 2013 the Bozeman Yellowstone International Airport became
Montana’s busiest airport with 812,093 passengers flying into and out of the facility. The City of
Bozeman ‘s 2009 Economic Development Plan (EDP) can be reviewed here.
Bozeman is renowned for its natural beauty, world class fishing, skiing, abundant recreational
opportunities, and a gateway to Yellowstone National Park. As noted above, Bozeman is the
regional commercial center for much of southwest and south central Montana with a regional
shopping mall, numerous national retailers, several dynamic commercial districts and a vibrant main
street. Bozeman Deaconess Hospital, Montana State University, and Oracle, along with city, county
and federal governmental agencies are the major employers.
The City of Bozeman, Montana (the City) is located in Gallatin County and is known as the “Treasure
State” because of its rich mineral reserves. The mountains of Montana have yielded fortunes in gold
and silver since the first substantial deposits were discovered in the mid 1800's. Another nickname
for Montana is "Big Sky Country," made popular by a Montana State Highway Department
promotion in the 1960's (originating from a book by Alfred Bertram Guthrie Jr. titled Big Sky).
Currently, it is estimated that there are 38,695 residents of the City of Bozeman with the City growing
by approximately two percent between 2011 and 2012.
The City is governed by a City Commission/City Manager form of government. The City Commission
is made up of four members plus a mayor that serves as the head of the City Commission. The City
Commission appoints a City Manager to oversee the City’s eight departments.
Additional information regarding the City of Bozeman may be obtained at:
http://www.bozeman.net
Request for Qualifications and Professional Services Agreement
City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
Page 4 of 21
The City of Bozeman seeks a professional consulting firm (“Consultant”) to evaluate the outcomes
of the 2009 Economic Development Plan (EDP) and make recommendations on updating and
focusing the plan for the future. The City’s first Economic Development Plan was adopted in 2009.
A variety of economic and regulatory changes have occurred since the plan’s adoption. The 2016
EDP update should identify these changes and make recommendations for the plan accordingly.
B. Project Overview
The purpose of this project is to review and update as needed the Economic Development Plan (EDP)
for the City of Bozeman. Since the adoption of the City’s 2009 EDP, the recent economic recession,
expanding sectors and consistent rapid growth, the City recognizes the need to update the EDP.
SCHEDULE
Event Date/Time
Publication Dates of RFQ Sunday, April 24 and Sunday, May 8, 2016
Last Day for Questions/Clarifications Friday, May 13, 2016
Deadline for Receipt of Proposals Monday, May 23, 2015 @ 5 pm
Evaluation of Qualifications Wed. - Monday, May 25 - 30, 2016
Finalist interviews Tues. – Fri., May 31 - June 3, 2016
Negotiation of Scope and Fee Wednesday, June 11, 2016
COMPLETION: Project award June 15, 2016 and target completion
September 30, 2016.
CONTACTS
Any administrative questions regarding bidding procedures should be directed to:
Pearl Michalson, Interim City Clerk (406) 582-2321; agenda@bozeman.net
Questions relating to scope of services and project management may be directed to:
Brit Fontenot, Economic Development Director (406) 579-1302; bfontenot@bozeman.net .
LAST DAY FOR QUESTIONS
The last day to submit questions to the Department of Community Development is Friday, May 13,
2016 @ 5 pm. This will allow sufficient time for any addenda to be issued by the City to all bidders.
All questions must be submitted in writing via email to the Economic Development Department at
bfontenot@bozeman.net . All RFQ questions and related answers will be posted to the City’s website
for review by potential consultants interested in the project.
Request for Qualifications and Professional Services Agreement
City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
Page 5 of 21
AWARD OF CONTRACT
The City reserves the right to reject any and all proposals, to contract work with whomever and in
whatever manner the City decides, to abandon the work entirely and to waive any informality or
non-substantive irregularity as the interest of the City may require and to be the sole judge of
selection process. The City also reserves the right to negotiate separately in any manner to serve
the best interest of the City. The City retains the right at its sole discretion to select a successful
vendor.
SELECTION PROCESS AND RANKING CRITERIA
A review committee will evaluate all responses to the RFQ that meet the submittal requirements
and deadline. Submittals that do not meet the requirement or deadline will not be considered.
The review committee will rank the qualified proposals and arrange an interview, or interviews,
with the finalist(s) prior to selection. The City reserves the right to interview all or none of the
qualified submitters.
SELECTION CRITERIA
Proposals will be evaluated based on the following criteria:
Thoroughness and understanding of the Scope of Services and Work
(Section A below)
Background, education, professional certifications and a minimum of
ten years’ experience in the creation and/or analysis of economic
development plans. Demonstrated success will be positively weighted.
Firm’s expertise and overall experience of personnel assigned to the work
Responsiveness to requirements of the project
Public sector experience in municipal setting conducting similar tasks for the drafting
of economic development plans
Provision of a “not to exceed” cost estimate
Ability to meet stated deliverable timeline for the EDP update, September, 2016
DISCRETION AND LIABILITY WAIVER
The City reserves the right to exercise discretion and apply its judgment with respect to all
proposals submitted.
The City reserves the right to reject all proposals, either in part or in its entirety, or to requests and
Request for Qualifications and Professional Services Agreement
City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
Page 6 of 21
obtain, from one or more of the consulting firms submitting proposals, supplementary information
as may be necessary for City staff to analyze the proposals.
The City may elect to award a contract in multiple phases, as is deemed to be in the City’s best
interest. Should the City award projects in phases, the City reserves the right to award the phases
to the same firm.
The consultant, by submitting a response to this RFQ, waives all right to protest or seek any legal
remedies whatsoever regarding any aspect of this RFQ. Although, it is the City’s intent to choose
only a small number of most qualified consulting teams to interview with the City, the City reserves
the right to choose any number of qualified finalists.
This RFQ does not commit the City to award a contract, to defray any costs incurred in the
preparation of a proposal pursuant to this RFQ or to procure or contract for work.
All proposals submitted in response to this RFQ become the property of the City and public records
and, as such, may be subject to public review.
The City reserves the right to cancel, in part or in its entirety, this RFQ including, but not limited to:
selection procedures, submittal date, and submittal requirements. If the City cancels or revises the
RFQ, all interested firms will be notified using email.
MANDATORY CONTENT AND SEQUENCE OF SUBMITTAL
I. Submission Requirements and Instructions
All requirements in this section are mandatory. The City reserves the right to waive
any non-material variation.
a) Proposers may submit response via email ONLY to this address:
agenda@bozeman.net
Submit one (1) original qualifications package in .pdf format to agenda@bozeman.net.
Each submission email must be clearly identified in the email subject line with the RFQ
title, company name and due date.
Any documents or submittals received after the schedule closing time for receipt of
submittals will not be considered.
b) Statements of qualifications and required attachments shall be submitted as
specified and must be signed by officials authorized to submitter to the
provisions.
Request for Qualifications and Professional Services Agreement
City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
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II. Submittal Outline and Content
Assemble and submit each submittal in the order below and address the required
content/questions. The order in which items are presented is important, as evaluators
will follow this order:
a) Table of Contents
b) Cover Sheet. This sheet will serve as the cover of your proposal.
c) One-Page Project Summary. Begin with a brief summary of the proposal. This
summary should concisely describe the project, its goals, and the proposed plan of
implementation.
d) Company Description/Capability (not to exceed 3 pages)
i) Brief history of the company that includes the date of establishment and examples
of relevant prior RFQ and current customers of similar attributes to the City of
Bozeman.
ii) Describe your experience and capacity to manage projects of the size and scope
proposed.
e) Informational content
i) A list of project team and their professional profile/credentials/experience.
ii) Specific assignment of project team
f) References (minimum 3) specifically in local/municipal/county/state agencies
i) Name of agency
ii) Contact name to include: title, phone number and email
iii) Population of jurisdiction
iv) Number of employees
v) Project start and completion date
vi) Brief summary of project
g) Timeline
i) Detailed timeline for project completion within expected completion
date of September, 2016
h) Cost
i) Provide a “not to exceed” cost estimate based on the preferred timeline with
completion expected in September, 2016.
i) Outline of Services (refer to Scope of Services and Work in Section A below)
The City reserves the right to require the submittal of additional information that
supplements or explains proposal materials.
Request for Qualifications and Professional Services Agreement
City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
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A. Scope of Services and Work
The selected consultant or team of consultants (collectively “Consultant”) shall work closely with
staff to provide the following services as part of the 2016 Economic Development Plan (EDP) update:
a. Create a summary of progress based on the 2009 Economic Development Plan
b. Incorporate newly defined and approved Economic Development Council’s vision and
values into the EDP update
c. Refresh the EDP economic profile
d. Re-examine major industry sectors in the area
e. Design and administer a business survey
f. Refresh and prioritize SWOT analysis
g. Develop an EDP update implementation plan and timeline
h. Incorporate newly defined goals and strategies into the implementation plan
i. Clearly identify, define and differentiate roles and responsibilities of public vs. private
sector
j. Review and update appendices
k. Provide an EDP update project timeline and budget subject to the preferred completion
timeframe of September, 2016
l. Synchronize with City’s strategic, or other, scheduled or ongoing plan updates
m. Recommend a metric and tracking system
n. Prepare the plan (structure and style) for cyclical 3 year updates
o. Prepare an associated communications plan
p. Align the EDP update with existing, adopted City planning documents
q. Work sessions and public hearings with the public, Economic Development Council, EDC
Committees and the City Commission (up to two work session with the Economic
Development Council and up to two public hearings with the Bozeman City Commission)
r. Upon adoption of the Final EDP update by the City Commission, the consultant will prepare
a final adopted version with the date of adoption prominently displayed on the front cover
and throughout the document to distinguish it as the official document from other versions.
A. Background
The current Municipal Code can be reviewed on the Municode web site:
https://www.municode.com/library/mt/bozeman/codes/code_of_ordinances
Bozeman’s plans and policies can be found at the link below and include the following documents.
http://www.bozeman.net/Departments-(1)/Planning/Plans-and-Planning
Request for Qualifications and Professional Services Agreement
City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
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Deliverables- Americans with Disabilities Act
Deliverables must comply with the Americans with Disabilities Act. To comply with the ADA,
documents posted online, including, but not limited to, Adobe PDF files, Microsoft Word
documents, Microsoft PowerPoint presentations, and online flipbooks, must be screen-reader
friendly. Accessible documents are often part of web-based information or used for support
documents. Therefore, under Section 508 standards and WCAG accessibility guidelines, it is critical
to ensure all support documents made available to end users can be accessed by people with
disabilities. Therefore, any digital material created for the City of Bozeman and its websites will
maintain the requirements outline in WCAG 2.0 AA Convention guidelines, Section 508 "Electronic
& Accessibility Standards" of the U.S. Rehabilitation Act, the Usability.gov accessibility Guidelines,
and ADA Title II State & Local Government nondiscrimination requirements.
Request for Qualifications and Professional Services Agreement
City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
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*THIS DOCUMENT MUST BE COMPLETED, EXECUTED AND SUBMITTED WITH THE
PROPOSAL FORM*
THE REPRESENTATIVES MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY
NO PROPOSAL IS VALID UNLESS SUBMITTED ON THIS FORM AND SIGNED BY
AUTHORIZED AGENT FOR YOUR COMPANY.
SUBMITTED BY:
COMPANY NAME:
ADDRESS:
CITY: STATE: ZIP:
TELEPHONE:
EMAIL:
SIGNATURE:
(Authorized Agent)
NAME:
(Please Print)
TITLE:
DATE:
NOTE: If proposer is a corporation, the legal name of the corporation shall be set forth above, together
with the signature of authorized officers or agents; if bidder is a partnership, the true name of the firm
shall be set forth above, together with the signature of the partnership; and if bidder is an individual, his
signature shall be placed above.
Request for Qualifications and Professional Services Agreement
City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2016, by and
between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and
existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman,
Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as
“City,” and, ____________, _______________, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Attachment “A” and by this reference
made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution [and
will terminate on the _____ day of ______________, 201__.
3. Scope of Work: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement
and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in a Scope of Services.
Any alteration or deviation from the described services that involves additional costs above the
Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of
Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform said services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this
Agreement shall not infringe upon or violate the rights of any third party, whether rights of
Request for Qualifications and Professional Services Agreement
City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
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copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever,
or violate any federal, state and municipal laws. The City will not determine or exercise control as
to general procedures or formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an
employee of the City for any purpose. Contractor is not subject to the terms and provisions of the
City’s personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Contractor is not authorized to represent the City or otherwise
bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71,
MCA. Contractor shall maintain workers’ compensation coverage for all members and employees
of Contractor’s business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under
this Agreement. Such posting shall be removed only upon expiration or termination of this
Agreement.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify,
and hold harmless the City, its agents, representatives, employees, and officers (collectively referred
to for purposes of this Section as the City) from and against any and all claims, demands, actions,
fees and costs (including attorney’s fees and the costs and fees of an expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically
dangerous) or damages of whatever kind or nature connected therewith and without limit and
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City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
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without regard to the cause or causes thereof or the negligence of any party or parties that may be
asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or
resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the
Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents;
or (iii) the negligent, reckless, or intentional misconduct of any other third party.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
willful misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this Section
must not be construed to negate, abridge, or reduce any common-law or statutory rights of the
indemnities’ which would otherwise exist as to such indemnities’.
Contractor’s indemnity under this Section shall be without regard to and without any right
to contribution from any insurance maintained by City.
Should any indemnity described herein be required to bring an action against the Contractor
to assert its right to defense or indemnification under this Agreement or under the Contractor’s
applicable insurance policies required below the indemnity shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court
of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was
obligated to indemnify the indemnity for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property arising
from, growing out of, or in any way connected with or incident to the performance of this
Agreement except “responsibility for his own fraud, for willful injury to the person or property of
another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
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City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
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specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any
exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual
aggregate; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The insurance
and required endorsements must be in a form suitable to City and shall include no less than a sixty
(60) day notice of cancellation or non-renewal. The City must approve all insurance coverage and
endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2)
business days of Contractor’s receipt of notice that any required insurance coverage will be
terminated or Contractor’s decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with
its own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
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City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
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d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement City may terminate
this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work
as may be necessary to preserve, protect, and maintain work already completed or
immediately in progress.
c. In the event of a termination pursuant to this Section 13, Contractor is
entitled to payment only for those services Contractor actually rendered on or before the
receipt of the Notice of Termination for City’s Convenience.
d. The compensation described in Section 13(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity,
lost productivity, field office overhead, general conditions costs, or lost profits damages of
any nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
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City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
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circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _________________ (insert job title) or such other individual as City shall
designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall
be directed to James Goehrung as the City’s Representative and approvals or authorizations
shall be issued only by such Representative; provided, however, that in exigent
circumstances when City’s Representative is not available, Contractor may direct its
communication or submission to other designated City personnel or agents as listed above
and may receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be _____________________ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination: The Contractor will have a policy to provide equal employment
opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations,
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City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
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and contracts. The Contractor will not refuse employment to a person, bar a person from
employment, or discriminate against a person in compensation or in a term, condition, or privilege
of employment because of race, color, religion, creed, political ideas, sex, age, marital status,
national origin, actual or perceived sexual orientation, gender identity, physical or mental disability,
except when the reasonable demands of the position require an age, physical or mental disability,
marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the
Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated
thereunder. The Contractor shall require these nondiscrimination terms of its sub-Contractors
providing services under this agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City
property or in the performance of any activities under this Agreement. Contractor acknowledges it
is aware of and shall comply with its responsibilities and obligations under the U.S. Department of
Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and
related testing. City shall have the right to request proof of such compliance and Contractor shall
be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing his employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that
the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
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City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
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18. Non-Waiver: A waiver by either party any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party’s right to enforce such term or
conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of
this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or
to give any notice required herein, then the prevailing Party or the Party giving notice shall be
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel
to include City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs
to which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
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City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
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27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties,
does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by
a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part
thereof by reference, are not binding upon the parties. There are no understandings between the
parties other than as set forth in this Agreement. All communications, either verbal or written,
made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically
made a part of this Agreement by reference.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
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IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
first above written.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Chris Kukulski, City Manager
Print Name:
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
Request for Qualifications and Professional Services Agreement
City of Bozeman’s Economic Development Plan Update
FY 2016 – FY 2017
Page 21 of 21
Statement of Non-discrimination – Attachment A
Each entity shall include a provision requiring submitting entity to affirm in writing it will not
discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or
because of actual or perceived sexual orientation, gender identity or disability and recognizing the
eventual contract will contain a provision prohibiting discrimination as described above and this
prohibition on discrimination shall apply to the hiring and treatment or proposer’s employees and
to all subcontracts.
(name of entity submitting) hereby affirms it
will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and
recognizing the eventual contract will contain a provision prohibiting discrimination as described
above and this prohibition on discrimination shall apply to the hiring and treatment or bidder’s
employees and to all subcontracts.
Name and title of person authorized to sign on behalf of submitter