HomeMy WebLinkAboutRFP - Education and Design Services for Bond and Levy
Page 1 of 21
CITY OF BOZEMAN, MONTANA
Request for Proposals
CONSULTING AND DESIGN SERVICES FOR
FACILITIES BOND AND AFFORDABLE HOUSING MILL LEVY EDUCATION
EFFORT
Proposals must be received no later than:
Monday, June 21, 2021 at 3:00 PM MST
Deliver digital copy of the proposal to:
Mike Maas, City Clerk
agenda@bozeman.net
Page 2 of 21
NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from firms qualified to provide
consulting and design services for education efforts around the proposed ballot resolutions for bonds to
fund several renovations to city facilities and a proposed affordable housing mill levy.
Copies of the Request for Proposals are available on the City’s Website at:
https://weblink.bozeman.net/WebLink/DocView.aspx?id=237250&dbid=0&repo=BOZEMAN
All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an
email attachment to the RFP Recipient email address below. Respondents are advised that Recipient’s
email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject
line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File
sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement of
the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed,
and that the Recipient is separately notified via email of same, prior to the given deadline.
Deliver RFPs via email to the City Clerk by June 21, 2021 at 3:00pm MST. It is the sole responsibility of the
proposing party to ensure that proposals are received prior to the closing time as late submittals will not
be accepted and will be returned unopened.
The email address for submission is: agenda@bozeman.net
NON-DISCRIMINATION AND EQUAL PAY
The City of Bozeman is an Equal Opportunity Employer.
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.
In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ
and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay
for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent
“best practices publication and has read the material.
Failure to comply with the above may be cause for the City to deem the submittal non-responsive.
Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk
(406) 582-2321, agenda@bozeman.net
Questions relating to scope of services and project management should be directed to: Melody Mileur,
Communications Coordinator, mmileur@bozeman.net
Page 3 of 21
DATED at Bozeman, Montana, this 26th day of May, 2021
Mike Maas
City Clerk
City of Bozeman
For publication on:
Sunday, May 30, 2021
Sunday, June 13, 2021
Page 4 of 21
1. BACKGROUND
On March 23, 2021 the Bozeman City Commission directed staff to being work to develop ballot language
to propose to Bozeman voters a bond issuance and a mill levy for funding critical needs in Bozeman. It is
expected that the City Commission will approve the ballot language in July and the questions will be on
the city ballot for voter consideration on November 2, 2021.
1. General Fund Facility Bond
As approved through the City’s recently adopted Capital Improvement Plan this bond of $9 million
dollars would fund updates and replacements to occur in Fiscal Year 2023, which begins in July 2022. This
bond would cover the costs of a relocation of Bozeman Fire Station 2, renovation of the Bozeman Swim
Center, renovation of Bogert Pool, and renovation and upgrades to the Lindley Center.
2. Affordable Housing Mill Levy
As directed by the City Commission, staff are moving forward with the direction to pursue a 7 mill levy
(cumulative revenue of ~9.5 million over 10 years) towards supporting the Community Housing program.
On average, the program needs $240,000 (1.85 mills) to cover administrative costs and the program
currently operates using 3 mills. A 7 mill levy would allow for the program to add an additional staff
member, increase appropriations for impact fee reimbursement, down payment assistance, and
community grants.
Impacts to property tax payers:
Based on the direction from the City Commission to put the options listed above to a vote of the
community, the potential changes to property taxes for the median home are:
To view the City Commission work session and discussion on these two items, as well as additional
background information visit our website to review the March 23, 2021 City Commission meeting and
accompanying documents.
2. SCOPE OF SERVICES
The City of Bozeman is requesting proposals from qualified firms or individuals for the development of an
outreach and education program for the proposed General Fund Facility Bond and Affordable Housing
Mill Levy to be presented to City voters.
The City is prohibited by state law from using public resources to advocate for or against ballot issues or
voted tax increases. However, the City does have a responsibility to educate the public on the needs of
the community and provide solutions for their consideration. The City’s educational efforts will include
facts about the proposed bond and mill levy and the impact of passage or failure of the ballot issues on
City operations.
Election Question Number of Mills
Tax Per Median
home a year
GF Facility Bond 5.24 25.21$
Affordable Housing 7 Mill 7.00 33.67$
Total 12.24 58.88$
Page 5 of 21
It should be understood that the successful proposer will need to have a full and complete understanding
of the “bright line” that exists in the law between advocating and educating. This understanding can and
will be highlighted throughout the work done with city staff.
The City seeks proposals that prove capabilities for the project areas below; describing strategies to be
used and quality controls. Sufficient detail must be given and should include examples of past projects,
ability to meet deadlines, and managerial experience. The proposer should demonstrate knowledge and
understanding of the complexities of educating on ballot issue in the Bozeman community. These services
include but are not necessarily limited to developing and implementing strategy, messaging through
written and visual mediums, and education regarding the proposed district.
1. Strategic Communications Plan: Provide us with a general overview of how you would create a
strategic communications plan for the bond and mill levy. What will be key events throughout the
timeline? How would you suggest the flow of information be distributed to educate as efficiently
and thoroughly as possible? Which staff members would you utilize in the education effort and
how much City staff time will be needed? 2. Logo and Branding: The City of Bozeman believes that it is crucial for Bozeman voters to recognize
and understand what they are voting on when they go to the polls. How will you create a brand
identity for the education effort that captures attention and drives people to learn more about
the ballot items? How will this identity be carried through all aspects of the strategic
communications plan?
3. Messaging: Due to the complexity of these two very different categories, there is potential for
misinformation to spread around the topics. It is critical that the City’s education effort for both
ballot items be unified across all platforms and venues. How will you work with city staff to
develop effective key messages and consistent answers to FAQs?
4. Materials/Production/Creative: Describe your design process. Do you have staff, skills, and tools
available to produce effective graphic, written and video content? Provide examples of items that
you have produced for other agencies that demonstrate your ability to provide easy to understand
information on complicated issues.
5. Accessible and inclusive communications: Describe the practices you will use to ensure that
messages and content are distributed in formats that are accessible for people with disabilities,
people of all ages, people of low levels of education, and non-English speaking residents in our
community.
6. Social Media: Demonstrate how you would integrate social media as a part of an education effort.
What is your experience with creating shareable content that educates about complex subject
matter? Describe how you would tailor messaging on different platforms while ensuring
consistent messaging and brand recognition.
7. Media Planning & Buying: Provide us with your process in deciding where, when, and how to
purchase media. What tools or analytics do you use? What are the determining elements that
make your purchasing decisions? Optimization strategy? Please include reference to social media
advertising in your proposal.
8. Community Partnerships: How do partnerships with local Bozeman organizations fit into the
overall education effort? How have you used partnerships and relationships with key stakeholders
to extend an agency’s ability to communicate beyond their existing channels? How have you used
relationships to reach folks who are commonly missed in broad communication? How has that
helped to extend budget and staff time?
Page 6 of 21
9. Budget: The proposed budget for this project is $36,000, which includes the scope proposed as
well as consultant’s time. Provide a proposed budget for the completion of scope generally
described within this RFP. Include estimated budgets for media buys and printing costs as would
be necessary within the proposed strategic communications plan.
Items that may be requested of the firm could include:
• Logo and brand development
• Messaging, talking points, FAQ
• Creative Materials: development of a mailer/rack card, PowerPoint presentation, website copy,
graphics for website and social media, educational video(s)
The final scope of work will be negotiated with the successful proposer.
3. 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. Submit digitally one electronic copy of the proposal in a single, searchable PDF document file
to the City Clerk’s office at agenda@bozeman.net
II. Proposal Outline and Content
Assemble and submit each proposal in the order below and address the required
content/questions. The order in which items are presented is important, as proposal evaluators
will follow this order:
Title Page
The title page shall include the firm/individual name, address, contact, telephone number
and email address to contact for information regarding the RFP. The title page must bear
the signature of authorized representative of the Respondent and designate, by name,
not more than two individuals authorized to sign agreements with the City on behalf of
the Respondent.
Executive Summary
This section shall provide an overview of the RFP and the Respondent’s understanding of
the City’s needs. Emphasis should be placed on the Respondent’s expertise in the subject
area of the Project. The summary should also include any points the Respondent wishes
to highlight, as well as any relevant conditions or restrictions.
Page 7 of 21
Firm/Individual Profile
This section shall provide a profile of the firm/individual including the number of
employees and their locations. Brief resumes shall be provided for each key project
individual. The percentage of total time key staff people (e.g. project manager,
implementation staff) will devote to this project should be listed. A complete list of local
government clients shall be provided including all Montana local governments. Key staff
may not be replaced once a contracting firm has been selected without prior approval of
the City. Describe the ability of the firm and its team to provide on-demand, in-person,
and cost-effective support to the City.
Scope of Project
This section shall describe how the Respondent will fulfill the Scope of Work.
Related Experience with projects similar to the Scope of Services
Provide case studies featuring prior work for each core area of professional services as
delineated in the Scope of Services. The case studies should demonstrate the depth
experience of the proposing prime firm and their team.
Present and Projected Workloads
Describe the firm’s current major projects and, if possible, affirm that the firm can
accommodate the projects anticipated by the Scope of Work.
Recent and current work for the City of Bozeman
List projects completed for the City of Bozeman over the last 4 years.
Affirmation of nondiscrimination (see Attachment 1)
Non-completion of the Affirmation of non-discrimination is cause for disqualification of
firms.
The City reserves the right to require the submittal of additional information that supplements or explains
proposal materials.
4. REQUEST FOR PROPOSALS SCHEDULE
EVENT DATE/TIME
Publication dates of RFP Sunday, May 30, 2021
Page 8 of 21
Sunday, June 13, 2021
Deadline for receipt of written questions
about RFP
Monday June 14, 2021– 5:00 PM
Deadline for receipt of proposals Monday June 21, 2021 – 3:00 PM
Evaluation of proposals June 22-25
Interviews (if necessary) and Selection of
consultants
June 31-July 2 (as needed)
5. CONTACTS
Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk,
(406) 582-2321, agenda@bozeman.net Questions relating to scope of services and project management
should be directed to: Melody Mileur, Communications Coordinator, 406-582-2322,
mmileur@bozeman.net
6. SELECTION PROCESS AND RANKING CRITERIA
A review committee will evaluate all responses to the RFP 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 proposals and may arrange interviews with the finalist(s) prior to selection.
Selection may be made directly based on the written RFP submission.
If interviews occur, the selection of finalists to be interviewed will be made by a selection committee
representing the City of Bozeman. The selection of interview candidates will be based on an evaluation
of the written responses to the RFPs.
All submitted proposals must be complete and contain the information required as stated in the "Request
for Proposals.”
7. SELECTION CRITERIA
Proposals will be evaluated based on the following criteria:
• [5 points] Executive Summary
• [50 points] Qualifications of the Firm for Scope of Services; Cost
• [30 points] Related Experience with Similar Projects
• [10 points] Present and Projected Workloads
• [5 points] Recent and current work for the City of Bozeman
8. RESERVATION OF RIGHTS; LIABILITY WAIVER
Page 9 of 21
All proposals submitted in response to this RFP become the property of the City and public records and, as
such, may be subject to public review.
The City reserves the right to accept or reject any and all proposals; to add or delete items and/or
quantities; to amend the RFP; to waive any minor irregularities, informalities, or failure to conform to the
RFP; to extend the deadline for submitting proposals; to postpone award for up to 30 days; to award one
or more contracts, by item or task, or groups of items or tasks, if so provided in the RFP and if multiple
awards or phases are determined by the City to be in the public interest; and to reject, without liability
therefore, any and all proposals upon finding that doing so is in the public interest.
The City of Bozeman reserves the right to reject the proposal of any person/firm who previously failed to
perform properly to the satisfaction of the City of Bozeman, or complete on time agreements of similar
nature, or to reject the proposal of any person/firm who is not in a position to perform such an agreement
satisfactorily as determined by the City of Bozeman.
The City of Bozeman reserves the right to determine the best qualified Consultant and negotiate a final
scope of service and cost, negotiate a contract with another Consultant if an agreement cannot be
reached with the first selected Consultant, or reject all proposals. The professional services contract
between the City of Bozeman and the successful Consultant will incorporate the Consultant's scope of
service and work schedule as part of the agreement (see Attachment 2 for form of professional services
agreement).
This RFP does not commit the City to award a contract. The City assumes no liability or responsibility for
costs incurred by firms in responding to this request for proposals or request for interviews, additional
data, or other information with respect to the selection process, prior to the issuance of an agreement,
contract or purchase order. The Consultant, by submitting a response to this RFP, waives all right to
protest or seek any legal remedies whatsoever regarding any aspect of this RFP.
The City reserves the right to cancel, in part or in its entirety, this RFP including, but not limited to:
selection procedures, submittal date, and submittal requirements. If the City cancels or revises this RFP,
all Consultants who submitted proposals will be notified using email.
Projects under any contract are subject to the availability of funds.
9. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION
Upon completion of negotiations or a determination that no proposals will be pursued, one copy of each
submitted proposal shall be retained for the official files of the City and will be considered a public record.
10. NO PARTNERSHIP/BUSINESS ORGANIZATION
Nothing in this RFP or in any subsequent agreement, or any other contract entered into as a result of this
RFP, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business
organization of any kind between or among the City and respondent.
Page 10 of 21
11. EMPLOYMENT RESTRICTION AND INDEMNITY
No person who is an owner, officer, employee, contractor, or consultant of a respondent shall be an officer
or employee of the City. No rights of the City’s retirement or personnel rules accrue to a respondent, its
officers, employees, contractors, or consultants. Respondents shall have the responsibility of all salaries,
wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease
compensation, insurance, unemployment compensation other benefits and taxes and premiums
appurtenant thereto concerning its officers, employees, contractors, and consultants. Each respondent
shall save and hold the City harmless with respect to any and all claims for payment, compensation, salary,
wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease
compensation, insurance, unemployment compensation other benefits and taxes and premiums in any
way related to each respondent’s officers, employees, contractors and consultants.
12. ACCESSIBILITY
Upon reasonable notice, the City will provide assistance for those persons with sensory impairments. For
further information please contact the ADA Coordinator Mike Gray at 406-582-3232 or the City’s TTY line
at 406-582-2301.
13. GOVERNING LAW
This RFP and any disputes arising hereunder or under any future agreement for the sale and purchase of
shares, interests, or rights shall be governed hereafter and construed and enforced in accordance with
the laws of the State of Montana, without reference to principles of choice or conflicts of laws.
14. MISCELLANEOUS
No conversations or agreements with any officer, employee, or agent of the City shall affect or modify any
term of this RFP. Oral communications or any written/email communication between any person and the
designated contact City staff shall not be considered binding.
Page 11 of 21
Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(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
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer’s employees and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices”
website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices
publication and has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
Page 12 of 21
Attachment B – Form of Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), 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.” The City and Contractor may be referred to individually as
“Party” and collectively as “Parties.”
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 Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and
will expire on the _____ day of ______________, 202_, unless earlier terminated in accordance
with this Agreement.
3. Scope of Services: 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 the 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.
Page 13 of 21
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 the 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
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, Montana Code Annotated (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.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time,
Contractor specifically agrees to take immediate steps, at its own expense and without expectation
of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The
specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however,
that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate
relief to the City so as to permit the services to continue at no additional cost to City.
Page 14 of 21
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 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 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; or (ii) any negligent, reckless, or intentional misconduct of any of
the Contractor’s agents.
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 intentional 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 City as indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right
to contribution from any insurance maintained by City.
Should the City 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 City 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 City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the 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, including the right
of contribution for loss or damage to person or property arising from, growing out of, or in any
Page 15 of 21
way connected with or incident to the performance of this Agreement except “responsibility for
[City’s] 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
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Contractor in 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. 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 per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City 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 thirty (30) day notice of cancellation or non-
renewal. 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:
Page 16 of 21
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.
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, the 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 9, 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.
Page 17 of 21
d. The compensation described in Section 9(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
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) 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 and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _________________ 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
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 designated by the City in writing 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.
Page 18 of 21
c. Notices: All notices required by this Agreement shall be in writing
and shall be provided to the Representatives named in this Section. Notices shall be
deemed given when delivered, if delivered by courier to Party’s address shown above
during normal business hours of the recipient; or when sent, if sent by email or fax (with a
successful transmission report) to the email address or fax number provided by the Party’s
Representative; or on the fifth business day following mailing, if mailed by ordinary mail
to the address shown above, postage prepaid.
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 and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, 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.
Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Page 19 of 21
Contractor shall require these nondiscrimination terms of its subcontractors 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 its 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 the 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.
18. Non-Waiver: A waiver by either party of 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: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
Page 20 of 21
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 including the City
Attorney’s Office staff.
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.
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.
Page 21 of 21
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 herein 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.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a
period of one year by written agreement of the Parties. In no case, however, may this Agreement
run longer than __________________________.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________
By__________________________________
Jeff Mihelich, City Manager
Print Name:
___________________________
Print Title:
____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney