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Commission Memorandum
REPORT TO:
Honorable Mayor and City Commission
FROM:
Greg Sullivan, City Attorney
SUBJECT:
Final Decision on Contract for Investigation of Various Hiring Practices
MEETING DATE:
July 27, 2009
AGENDA ITEM TYPE:
Regular Agenda
RECOMMENDATION:
Make Final Decision on Contract for Hiring an Investigator.
BACKGROUND:
On July 13, 2009 you adopted a motion regarding the scope of work for acontractor to investigate various issues related to the City’s hiring practices. On July 20, 2009you made a preliminary decision to contract with Michelle Puiggari to conduct the investigation.Attached is a contract to implement both of these previous decisions. The attached ProfessionalServices Agreement speaks for itself.
FISCAL EFFECTS:
After discussing the scope of work with Ms. Puiggari, she estimated anot-to-exceed amount of $10,000 would more than cover the work. Ms. Puiggari does not expect,at this time, to accrue charges approaching this amount. However, given the uncertain nature of the investigation, she and I felt it was important to such provide a budget in case theinvestigation required additional time above what was currently expected or you requestedadditional work from her. As you will see from the attached Agreement, and as stated to you lastweek, Ms. Puiggari will charge $80.00 per hour for conducting the investigation and $30.00 perhour for travel. Expenses are reimbursable and included within the above described not-to-exceed amount.This amount will be included in the approved budget for FY10.
ALTERNATIVES:
As suggested by the City Commission.Attachments:
Agreement for Professional Services with Michelle Puiggari.
Report compiled on: July 22, 2009
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PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of , between
THE CITY OFBOZEMAN, a Municipal Corporation, Bozeman, Montana,
PO Box 1230, Bozeman, MT59771-1230
, through its duly elected Commission,
(OWNER) and Michele Puiggari,
whoseprinciple offices are located at 3801 Milwaukee Ct. Missoula MT 59808 (CONTRACTOR).WHEREAS, the accomplishment of the work and services described in this Agreementis essential to the OWNER'S understanding of various issues related to the City of Bozeman’semployment practices; andWHEREAS, the OWNER intends to and has selected the CONTRACTOR to providenecessary and professional services for conducting a confidential investigation into certainallegations related to an email sent to the Bozeman City Commission on June 25, 2009; andWHEREAS, CONTRACTOR represents it is willing and qualified to perform theprofessional services for this investigation as described in this Agreement.
NOW THEREFORE
, in consideration of the foregoing recitals and the mutual covenants andconditions contained herein, the parties agree as follows:1.
Professional Services to be Performed:a.
Scope of Work: The CONTRACTOR shall be responsible for conductinginterviews with all applicable City of Bozeman employees and any other personthe CONTRACTOR deems necessary to determine whether statements made byemployees before the City Commission on June 22, 2009 contained any false ormisleading statements, as alleged in an email dated June 25, 2009, and, if so,whether those statements were made with knowledge of their falsity or misleadingnature. In fulfilling the above, the Contractor shall inquire as to:
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i.
The voluntariness of background checks conducted on those beinginterviewed as it relates to final hiring decision;ii.
The initiation of and reason behind the use of waivers and consent formsfor those being interviewed;iii.
the specifics regarding the practice of reviewing the social networkingsites of those being interviewed;iv.
the specific details of the various log-in information that was acquired;andv.
a review of whether those being interviewed had any reservations of signing the required waiver and consent forms. This can be performedusing a sample of applicants.b.
Final Work Product/Release to Public : The CONTRACTOR shall preparespecific written findings of fact regarding the above Scope of Work and make thefindings available in written format directly and only to the Bozeman CityCommission. The CONTRACTOR’s inquiry shall be limited to the gathering of facts and shall not issue conclusions, recommendations, or opinions. In addition,no other entity or individual shall, without the approval of the City Commission,have access to any information obtained by the CONTRACTOR.CONTRACTOR acknowledges the final written work product may be released tothe public after portions thereof are redacted, if required, and pursuant tosubsection c, below, to protect the privacy interests of any individual givinginformation or about whom information is given.c.
Confidentiality: CONTRACTOR agrees to protect the confidentiality of allparticipants and shall not disclose information related to this investigation to anyentity other than the Bozeman City Commission unless required to do so by acourt of law or authorized to do so by the Bozeman City Commission.CONTRACTOR shall hold any subcontractor to the same requirements.CONTRACTOR recognizes the Bozeman City Commission may releaseinformation related to this investigation and hereby authorizes the Commission tomake public any information obtained by the CONTRACTOR that theCommission, in its sole discretion, deems necessary. Both parties recognize theCommission may release information if an individual for whom the Commissionis asserting a privacy interests voluntarily authorizes the release of informationdirectly related to their statements or other privacy interests.d.
Presentation before the City Commission/Open Meeting: Upon submittal of awritten report to the Bozeman City Commission the Commission may schedule a
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