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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 co. 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