HomeMy WebLinkAbout20- HRDC - Temporary License for Use of City Property to Place Portable Toilets at the City Parking Lots at Intersections of Rouse & Babcock and Black & Mendenhall so
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TEMPORARY LICENSE FOR USE OF CITY PROPERTY
TO PLACE PORTABLE TOILETS AT
THE CITY PARKING LOTS LOCATED AT THE
INTERSECTIONS OF ROUSE & BABCOCK AND BLACK & MENDENHALL
This License Agreement ("Agreement") is made and entered into on March 27, 2020 ("Effective
Date"),between the City of Bozeman, 121 North Rouse Street, Bozeman, Montana ("City") and
Human Resources Development Council, located at 32 South Tracy Avenue, Bozeman MT 59715
("Licensee").
The City and Licensee agree as follows:
1. Licensed Area. Licensee may install up to two (2) self-contained portable toilets ("portable
toilets"), including a minimum of one(1)ADA accessible portable toilet in each of the City
parking lots located at the northwest corner of Rouse Street and Babcock Street, and the
southeast corner of Black and Mendenhall. If needed, additional City property may be
approved for portable toilets with written approval of the City Manager. This Agreement
grants Licensee a non-exclusive license to use a portion of the parking lots for portable
toilets. The panting lots will remain open to the public for parking. Portable toilets will not
block any ingress or egress of the parking lots nor be immediately adjacent to or encroaching
upon any private parking located within the lots. The City will have final approval of the
portable toilets location within each parking lot.
2. Duration. This license is effective on the Effective Date and expires upon the expiration or
the rescission of the City's Declaration of Emergency for COVID-19 Pandemic, whichever
comes first. This license is revocable by the City at any time. The City may order Licensee
to immediately remove any or all portable toilets at any time for any reason including if the
City determines Licensee has failed to ensure the portable toilets are adequately maintained,
secured, or determines the portable toilets pose a hazard to public health and safety. Upon
expiration of this Agreement, Licensee must remove the portable toilets within three (3)
days.
3. Maintenance Requirements. Licensee must contract to obtain,place, secure, maintain,
clean, and ultimately remove the portable toilets with a licensed and insured septic disposal
company("Contractor"). Licensee must require Contractor to follow best practices for
cleanliness paying specific attention to mitigating the risks of COVID-19. Licensee is
responsible to ensure each portable toilet remains in good working condition without any
broken surfaces or leaks; doors must be in good working condition and must be able to be
securely latched while in use. Licensee shall promptly remove from City property any
portable toilet not in good working condition, and replace it if needed. Licensee shall ensure
the Licensed Areas are kept clean and free of litter at all times. Licensee agrees to inspect or
cause to be inspected the portable toilets at regular intervals to visually assess the need for
professional servicing, or additional supplies including hand sanitizer and toilet paper.
Licensee shall ensure Contractor services and sanitizes the portable toilets daily.
4. Signage. Licensee shall post signage on the portable toilets regarding COVID-19 with
reminders including but not limited to a request to practice social distancing,to avoid
touching communal surfaces as much as possible, encouraging the use hand sanitizer, and to
report any issues with the portable toilets to Licensee.
S. Security requirements. Licensee will work with Contractor to ensure portable toilets will
be physically arranged and equipped to prevent or discourage being tipped over either by
natural forces or vandalism. Where feasible, portable toilets should be located in lit areas to
enhance safety. Licensee will routinely inspect the facilities to identify any security issues.
6. Indemnification. To the fullest extent permitted by law, Licensee shall release, and protect,
defend, indemnify, and hold harmless the City, and their agents, representatives, employees,
and officers from and against any and all claims, demands, actions, fees and costs (including
attorney's fees and the costs and fees of expert witness and consultants), losses, expenses,
liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages 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 Licensee, its officers, employees,
or agents; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor and
its employees; and(iii)the negligent,reckless, or intentional misconduct of any other third
party with respect to the portable toilets placed in the City parking lots.
Such obligation shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist as to an indemnitee described in this
Section. The indemnification obligations of this Section must not be construed to negate,
abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would
otherwise exist as to such indemnitee(s). Licensee's indemnity under this Section shall be
without regard to and without any right to contribution from any insurance maintained by the
City.
Should any indemnitee described herein be required to bring an action against the Licensee to
assert its right to defense or indemnification under this Agreement or under the Licensee's
applicable insurance policies required below the indemnitee 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 Licensee was obligated to defend
the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s)
thereof.
These obligations shall survive termination of this Agreement.
7. Insurance
In addition to and independent from the requirements of Section 5,Licensee shall at its 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 specifically assumed by Licensee in Section 5 and may not contain any exclusion
for liabilities specifically assumed by Licensee in Section 5. 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 due to the negligence of Licensee and
which is acceptable to the City 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; and
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate.
The above amounts shall be exclusive of defense costs. The City, its officers, agents, and
employees, shall be endorsed as an additional or named insured on a primary non-contributory
basis on the Commercial General Liability policy. 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 Licensee placing the portable toilets in the Licensed Area. Contractor shall notify
City within two (2) business days of Licensee's receipt of notice that any required insurance
coverage will be terminated or the Licensee's decision to terminate any required insurance
coverage for any reason.
Licensee shall ensure the Contractor providing and servicing the portable toilets is licensed
and insured in Montana prior to the installation of the portable toilets. Further, Licensee's
contract with Contractor must provide for the same level of insurance as required in this section
and require Contractor to name the City as an additional insured on its Commercial General
Liability policy.
8. Nondiscrimination. Licensee shall have a policy to provide equal employment opportunity
in accordance with all applicable state and federal anti-discrimination laws, regulations, and
contracts. Hiring must be on the basis of merit and qualifications, and Licensee shall 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, in performance
of its acts and obligations under this Agreement, or in selection of artwork for installation
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.
Licensee shall require these nondiscrimination terms of its contractors and artists installing
artwork pursuant to this Agreement.
IN WITNESS WHEREOF, City and Licensee have caused this Agreement to be executed,
effective on the date written above, and intend to be legally bound thereby.
CITY OF BOZEMAN HUMAN RESOURCE EVELOPMENT COUNCIL
Dennis M. Taylor Heather Greiner
Interim City Manager Chief Executive Officer/President