The Clark Group Contract for Professional Services 022405OFFICES:
Glllatte 30]E32-6368
Ghayenno 30]-]]3-1aT/
Casper 30]-281-65]3
Cotly 30]i2]-944a
Jecbon 36]-)39-950)
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wabsim Onzi.senete.gov
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WASHINGTON, OC 20510-5004
April 12, 2005
Jackie Flowers
Director o£ Public Works
City of Sheridan
55 Grinnell Plaza
Sheridan, Wyoming 82801
Dear Jackie:
Congress is currently establishing its spending priorities
through its established appropriations committees and
subcommittees for Fiscal Year 2006.
MICHAEL ENZI
WYOMING
COMMITTEES:
Health, Etluwtion, Labor
and Penslans, Lhafrman
Bankin8, Housing antl
Urban Affairs
Sme118usiness
fiaaeer
After carefully reviewing your request for £unding, I submitted a
request £or $1,801,800 £or the City of Sheridan Storm Water and
Wastewater Infrastructure through the State and Tribal Pssistance
Grants Program in the Interior Appropriations bi 11. This £unding
would help the City maintain and improve the quality of surface
and groundwater in the Sheridan area. 2 hope the Senate
Appropriations Committee will recognize this project's value and
fully fund my request.
While I am a strong supporter of the City of Sheridan, it is
important to remember that these are difficult fiscal times.
Many projects that are submitted will not be funded as Congress
attempts to keep discretionary spending to a minimum. However,
by getting your project submitted, you have cleared the first
hurdle in the appropriations process.
Congratulations on having your project submitted to the Interior
Appropriations Subcor2ittee. If you have any questions, please
do not hesitate to contact me or Candice Cotton at (202) 224-
3424.
Sincerely,
~'
Michael B. Enzi
United States Senator
MBE:clc
CONTRACT FOR PROFESSIONAL SERVICES
FOR
StratacLLC:onsulfln~r S~ervlees Relatlno to the City of SheNdan's Csloit , Irq~rouemegit
ire^ram and For Other Purposes
'fH16 CONTRACT, made and entered intq Thursday, February 24, 2005 by and be~rre!;n the
fallam~ing:
CITY OP SWERIDAN, a Municipal Corporation, Sheridan, Wyoming 82501, hare'na!iter designated
the Owner
and
THE O1.ARK GROUP, a Llmlied Llebillry Company, with offices at 122 Upper Rued, Sl+.aridan,
Wyoming 82801, hereinafter designated the Consultant.
WITNESSETWI
WMEAIcAa, the Owner has need for Strategic Consulting Services Relating to Ltie ::itp of Sherldan's
Caclial Improvetnent Prog2m and;
WttEREAw, the Owner has authority to contractfor consulting sarvlces, and;
WHEREAS, the Consultant represents that he Is qualified to perform such servicae. ant Is willing to
fumisn such services to the Owner,
NOW THEREFORE, in consideration of the terms, conditions, covenants and perlnnr.a~ca contained
herein, or attached and incorporated herein, the Pertles hereto agree as follows:
1, :;C:OPE OF WORK: Consultant shell provide Strategic Consulting Services P,elating tc Fundraising
far J+s Clty of Sheddan's Capital Improvement Program end regarding other matters Ic the Owner.
These services will be provided on a month-lo-month basis and will include, bu: nn.! b.a limited to,
consu6ation regarding federal grant writing and federal appropriations requests m aapaort the City of
SY eridan'a Capital Improvements Program. The goal of these sarvlces will incl~dk~ nismg St mlltlon
far the City of Sherlden's Capifal Improvement Program and other projeda aver Ina come of a year.
Consultant shall work with the Director of Public Works to develop and psiodical~; up:ata a detailed
wr:d; plan for this contmcL Such work plan shell Include milestones relating to furiding requests for
lho Capital Improvement Program and may also Include additional matters as agrund ro by
Consultant and Ovmer. During the term of this contract, Consultant shall stay in r ose contact with
the 0lrector of Publle Works and shall, upon request, furnish alt conespondenca, !uearch materials
erd other documents prepared by Consultant relating to Ihls contract EIPoer par't' may canto this
contract with 30•days advanced notice.
2. Pr51'ME?~IT; The work of the Consultant, as eutllned In the scope of wort„ shall be rm;nmpllshetl far a
monthly rotainer of S5,OOD per month plus direct costs assoclaled with the Conrm~:l.
A INSPECTION AND AUDIT: All books, papers, records, payrolls, voucr,ere and Invoices
relating to costa and expenditures Incurred in the perfonnence of the services by the
Consultant hereunder shell 6e made available to the Owner, or their authur4ed
rapresentatlves, for audit and review at the Consultant's respective office!: at atl roasoneb!e
times during the contract period end for three (3) years from the date of f ~ gal payment.
6. MODIFICATION: The above figures ere based on rates charged by Con.!ulta:r+t to nor!-profit
entities during 2005. Cost Increases, It any, shall become effective only r,!' the mutual
Page 1
agreement of the Owner end Consultant and shall he made a part of this agmslneni by
means of an amendment,
C. INVOICE: The Consultant shall submit Invoices to the Owner at periodic Invwals for work
completed to date. Such Invelces shall include a summary of work completed duping lha
pedod covered by the Invotce as well as a listing of any cods Incurred durir;l the period
covered by the invoice. Payment under the Convect will 6e considered due upon recslpt of
the Invoice by Owner.
D. ~dATERIALS: Upon termination of this eontrac6 copies of the Consultant's data.
racommendatlons, plans, speclflcatiens, analysis antl other related docurne~•IS prspare,d by
the Consultant prior to said termination, shall ba delivered to and become part ~:t the
property of the Owner.
E ADDITIONAL SERVICES NOT COVERED BY THIS AGREENiEN1': IF aut~.o-is:ed by ihf:
Ovmer in writing, the Consultant will provide additional Professional Service:: In conneC,;on
with the project as set forth below.
(1) Consultant subcontrects with Brigid Kaman for preparation of federal granla.
Consultant will subcontract with Brigid Kaman for up to 10 hours psr rccnth uncer
this Contract at no additional cost ie Owner. Should Owne• desire adclional
subcontracted services from &igltl Kemsn such supplamsntary sorAces will be
agreed to In writing and billed at a rate of $100 per hour.
E. DIRECT COSTS: The tens "Direct Costs" es used In this contract shell includee any coals
incurred by Consultant as a direct result of this contract. ^Irect casts uvi'I irn:iuda ouch Ilams
es travel, printing costs, and subcontract expenses, 6utwlll not Include ger~e~al overhead
coats or Incidental costs such as long-distance phone calls. Any direct cos c lit excess of
5100 in any given month must 6epne-approved by the Director of Public W orks
G. EMPLOYPAENT: The Consultant warrants chat he has not employed or retained an;r cor-.peny or
persons, other than a Kona fide employee, working solely far the Consultant, to soy cit n: sscum this
Canuacq and that ha has not pall or agreed to pay any company or person, other than uona ftde
employees •.vorking solely for the Consultant, any commission, percentage, 6roken!gs fee, gins or
any other considerations contingent upon or resulting from the award or making of n•is Contract. For
breach or violelion pf this warranty, the Owner shall have the right to annul this Contra r. Wimout
1ia61llry, or at its discretion to deduct from the Consultant fee, or otherwise recover It:e f~Cl emo~nt of
au:h cammlealon, percentage, brokerage tae, gift or contingent tea.
Anq end all employees of the Consultant or other persons while engaged in the pertnnnance of soy
work or services required by the Consultant shell be considered employaea of the Coreultani Holy
and not of the Owner, and any and ell claims that may arise under the Workmen s ;:olnpensalion Act
on behalf of said employees or other persons while so engaged and any and ell claim:: made 6y a
third parry as a consequence of any act or omission on the part of the Consultants employees or
other persons while so engegetl on any of lha work or services provitletl to 6e rencerc:e he~sin. shall
be the solo obligation end responslbllity of the Consultant.
The Consultant shall be subject to end complywith Title VI of the Clvll Rights Ac! of 1gH4; Saciion
140, Title 23, Unltsd States Code, and all regulations promulgated thereunder.
The Cornultant shell comply with all provisions of Equal Employment Opportunity ;EEO) and
Disadvantaged Business Act (DBA-Minority and Woman's Business Enlcrprisos), ono ;he Owner's
impismentation plan of this act.
7. DFiGLA.4ATION OF NO FINANCIAL INTEREST: The Consultant hereby declares that*. the
Consultants partners, principal shareholders, ofncers and professional engineers signed to or
othonr+lse working on the projects or In anyway asaecieted with Consultant does not o,vn any
equitable or legal rights to property within the pmJect, whether pu611c or privets, or nave any interest
either directly or Indirectly In the project.
Page 2
B. SIJCCE550RS AND ASSIGNS: This agreement end all of the covenants hereof she I insure to the
benefit of and 6e hinding upon the Owner and the Consultant respectively and his paitnere,
successors, assigns and legal representatives. Nallherthe Owner nor the Consultant shall have the
right to assign, transfer or sublet his Interest or obligations hereunder without wdhen convent of Ilia
ether party.
9. CHANGES IN WORK: The Consultant shall make such revisions In the reports, place, ;:nd
sE;eciflcetons which have been completed, approved and accepted by the Owner as are necasartry
tc curract the Consultant's ertors or omisalons when required to do so by the Owner win~~out
additional compeneatlon Therefor.
Any change In the scope of vrork as stated In this Contract for whatever reason, wll' :~e negotiated
bawreen the Owner and the Consultant end en amendment to the Contract wll~ be is[u[k wlln the
a?sropriate change of work and Contract tee noted.
10. LeGfvL RELATIONS: The Consultant shell complywith all Federal, State and loon laws and
o•dlnancas applicable to the work fo ha done.
71. ItdSURANCE: The Consultant shell secure end furntah to the Owner CertlFlcata of Litib~ily Insureitce.
Therein, naming the Owner as en additional named Insured, to include Thirty (30) dept notice of
cnncalietlon or non-renewal. In case of joint ventures, ail entitles must be nametl. T•ia I mit of liability
for Bodily Injury end Property Damage to be One Mlllien Dollars (SL000,000) aingie limits to Include
underground excavation, with any Inaurence company euthorized to do husiness In she S;aie of
Vdyoming. The Consultant shall also fumish the Owner proof of Ertor entl Omission Insu once
Caveraga.
12. R'ERININATION OF AGREEMENT: Eicher party may temninete this Contract ac any Ilmn _pon nut
toss tnan thirty (30) days wrihen notice to the other party.
li~i the event thle Contract Is terminated by the Owner, the Consultant shall be psitl f.:r 1-~e amount of
vrnrk pem'ormed or services rendered to date of termination perthe Contract lee.
h the event this Contract fs terminated prior to completion, the originals of all plans nhai~ remain the
pmpor(y of the Consultant. All Information relating to the project end prepared undo ~ •tts :eons of rhis
GontracL Including schedules, reports, data, recommendations, exhibits, analyses, :Tana, and
s.pucificatons, shall 6a deemed the property of the Owner. Reproducibles of all notes, •epans, plans,
and spacificetians shall be made available at the Owner's request,
13. OWNERSHIP OF DOCUMENTS: The original tracings of all plans shell remain the prcpery. of the
Consultant. NI Information relat(n8 to the project and prepared under the terms of this Contract,
inducting schedules, reports, data, recommendations, exhibits, analysis, plans, anc spnr.;fications,
[~h:all be deemed the property of the Owner. Reproduclbles of all notes, roports, plats, s+tl
spaclficatlons shell be made available at the owner's request.
14. PUBLIC INFORMATION: The ConsuNenl shall not Issue any statements, releases ur ir'ormatlon for
{:uhlle dissemination without prior approval of the Owner.
56. IsFlOPRIETARY RIGHTS: If patentable discoveries or inventions should cosec[ from work raqulnstl
I!arein, all rlghta accruing from such dlecovedes or inventions shall ba the property :r tea Gunter,
1 e, I4EiCOROS: The Consultant shall maintain acceuntlnB recortls end other evltlence corenVng to tie
uost incurred and to make the records available et all times during the Contract torn a-d forthreo (3)
;/ears from the dace of Flnal payment. Such account(ng records and other avltlsnce p~srlalning to the
cast Inserted will bs made available for inapectlons euthorized by the Owner sod cnolra thoraof shell
ba furnished if requested.
17, ATTGRIVEY's FEES AND COSTS: That In the event it 6ecomas necessary for alt"m- Pary tc fhrs
i:ontrect to retain an attorney to enforce any of the terms or condltlons of ;his Conbacl ur to glvr: any
neflca required herein, then the prevailing Party or the Pedy giving notice snail be sndtled to
-aasanable aitarney's lees and costs.
Page 3
1tS. L(T7GATION LOCATION: In the event litigation (s pursued under this contract it v411 ae in the 4'"
Judicial District of the State of Wyoming.
10. ADMINISTRATION MEDIATION: Any disputes conceming the Consultant's performamca o'the work
betxaen the Consultant and tha Owner shell he referred for determination to the Maynr of the City
before commencing any legal action to resolve the same.
20. MODIFICATION AND AMENDMENTS: That any amendment or modlFlcatlons of th;: Contract or any
provisions herein shell be made in wrii(n8 and executed in the same manner as this qri{;i~al
document and shall after execution become a part of this contract.
21. F•IOLD HARMLESS PROVISION: The Consultant shell only be Ilahle far professlonaf servlcss stated
spr;cmcally undarthe scope of this Agreement. The Consultant shall be indemniFled ami held
harmless for any claims, damages, or Ilebilitlee arising from any act, neglect, defeuir mr
mismanagement by the Owner, its Contractors, and their agents or employees.
The Consultant hereby agrees to indemnriy and hold the Owner harmless from all caims and liability
clue to tha activities of the Consultant, their agents, employees, or both, In perfortn:ng P•e work
required.
CONSULTANT
NAME: Brian ehl /~~
TITLE: Padner \~
DATE: April 1, 2005
CITY OF HERIDAN, WY I O
i
s lie Floweers, ublic Works Dhectnr
DATE: ~I /S! ~~ „_ _
Page 4