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Professional Services Master Task Order Agreement for Engineering & Consulting Services
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PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT
THIS AGREEMENT is made and entered into this _____ of February, 2024, 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, IMEG, 1143 Stoneridge Drive, Bozeman, MT 59718, hereinafter referred to as
“Contractor.”
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 into this agreement with Contractor to provide Engineering and
Consulting service as requested by the City through issuance of individual, consecutively
numbered Task Orders on an as needed and requested basis.
2. Term/Effective Date: This Agreement is effective upon the date of its execution and will
expire on January 1, 2029, unless extended or terminated as specifically provided for within
the agreement.
3. Scope of Work: Contractor will perform the work and provide the services in accordance
with the requirements of the Scope of Services. The Contractor will perform the specific
services and schedule as mutually agreed upon by City and Contractor and included in each
individual Task Order executed under the authority of this Agreement. Task Orders shall be in
a format similar to EXHIBIT B, attached and made part of this Agreement. For conflicts
between this Agreement and the Scope of Services the Agreement governs.
4. Payment: The terms of compensation to Contractor shall be agreed upon and included in each
Task Order. The task order amount shall be based on the rates specified in EXHIBIT A. City
agrees to pay Contractor the amount specified in the individual Task Orders. 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 EXHIBIT A. The City must agree in
writing upon any additional charges.
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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. For each individual Task Order, Contractor will familiarize itself with the nature and
extent of the assignment, 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 and will provide a mutually agreeable Scope of
Services for each Task Order.
c. Contractor represents to City that it has the experience and ability to perform the
services required by this Agreement; that it will perform said services in a professional,
competent and timely manner and with diligence and skill ordinarily used by member
in the same profession practicing at the same time and in the same locality; 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 standard of care.
6. Independent Contractor Status/Labor Relations:
a. 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.
b. Contractor shall comply with the applicable requirements of the Workers’
Compensation Act, Title 39, Chapter 71, 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.
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c. 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.
d. 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.
e. Contractor shall indemnify and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or
occurring in connection with any labor problems or disputes or any delays or stoppages
of work associated with such problems or disputes and for any claims regarding
underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance:
a. 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 and 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; (ii) any negligent, reckless, or intentional misconduct of any of the
Contractor’s agents;
b. For the 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
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negligence or intentional misconduct of the Contractor or Contractor’s agents or
employees.
c. 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 indemnitee(s) which would otherwise exist as to such
indemnitee(s).
d. Contractor’s indemnity under this Section shall be without regard to and without any
right to contribution from any insurance maintained by City.
e. 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.
f. In the event of an action filed against 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.
g. Contractor also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person
or property arising from, growing out of, or in any way connected with or incident to
the performance of this Agreement except “responsibility for his 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.
h. These obligations shall survive termination of this Agreement and the services
performed hereunder.
i. 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
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insurance coverage shall not contain any exclusion for liabilities specifically assumed
by the Contractor in subsection (a) of this Section.
j. 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 and 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 and annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury; $1,000,000
annual aggregate; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate
k. The above amounts shall be exclusive of defense costs. The City of Bozeman, its
officers, agents, and employees, 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. The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work. 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:
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 or any individual Task Order under 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.
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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 or any Task Order under 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 or any Task Order under this Agreement and make every reasonable effort
to refrain from continuing work, incurring additional expenses or costs under this
Agreement or any Task Order 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.
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,
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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:
a. City’s Representative: The City’s Representative for the purpose of this Agreement
shall be Max Ziegler, Facilities Project Coordinator, 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 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 Erik Garber, P.E., 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.
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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:
a. 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.
b. 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
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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.
c. Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
a. 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.
b. 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 his 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 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 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
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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: That in the event it becomes necessary for either Party of this
Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement
or to give any notice 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 to include City Attorney.
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.
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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.
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 therein 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.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
first above written.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name:
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
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Michael J. Welch
Project Executive
IMEG Consultants Corp
Chuck Winn, Acting City Manager
XXXXXXXXXXXXXXXXXXXXXXXXXXX
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Greg Sullivan, Bozeman City Attorney
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EXHIBIT A
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IMEG
IMEG STANDARD HOURLY RATES*
ROLE RATE PER HOUR
Senior Client Exec/Senior Market Director/VP $310
Client Executive/Market Director $275
Project Executive $255
Senior Project Manager II $230
Senior Project Manager I $190
Senior Engineer Technical Specialist $240
Senior (Engineer/Planner/Consultant) III $230
Senior (Engineer/Planner/Consultant) II $200
Senior (Engineer/Planner/Consultant) I $180
Project (Engineer/Planner/Consultant) II $160
Project (Engineer/Planner/Consultant) I $150
(Graduate Engineer - Designer/Coordinator/
Consultant) IV $130
(Graduate Engineer - Designer/Coordinator/
Consultant) III $115
Senior Technical Specialist $205
Senior (Designer/Authority/Analyst) III $185
Senior (Designer/Authority/Analyst) II $175
Senior (Designer/Authority/Analyst) I $155
Project (Designer/Authority/Analylst) II $145
Project (Designer/Authority/Analyst) I $135
(Designer/Authority) II $110
(Designer/Authority/Intern) I $105
HIT Strategy Executive $300
Senior Construction Administrator $175
Construction Administrator $145
Senior Virtual Design Coordinator $135
Virtual Design Coordinator $125
Senior Virtual Design Technician $120
Virtual Design Technician $95
Administrative Assistant $85
*Adjusted annually. These rates are for staff located in the
office providing the rates. Staff based in one of IMEG’s
other offices may have different billing rates. These rates
can be provided upon request.
Reimbursable Expenses:
• Invoiced with a 1.1 multiplier of actual cost, including:
• CAD plots, reproductions and delivery costs of
drawings, specifications, and duplicate reports beyond
one set provided at each normal stage of review
• Reproduction of drawings on Mylar media
• Plan review fees or imposed government agency fees
• Premium delivery charges
• Meals and lodging when required to travel overnight
• State filing and/or permit fees related to energy life-
cycle costs
• Travel expense: Automobile mileage will be invoiced
at the IRS rate in effect at the time of travel. Travel
expenses also include tolls, parking fees, taxi, train,
airfare, rental cars (CD only), and other out of pocket
expenses.
IMEG Hourly Rates
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EXHIBIT B
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City of Bozeman Term Contract:
Task Order Number #
PROJECT:
Issued under the authority of City of Bozeman Term Contract Professional Services Agreement With:
For:
This Task Order is dated between:
and
The following representatives have been designated for the work performed under this Task Order
City:
Contractor:
SCOPE OF WORK:
COMPENSATION
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have
executed this Task Order:
City of Bozeman
2023-01
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