HomeMy WebLinkAboutChristie Electric [EXTERNAL]CONTRACTORS- ALL TRADES AND SERVICES- PARKS AND RECREATION DEPARTMENTFrom:Christie Electric Inc
To:Bozeman Procurement
Subject:[EXTERNAL]CONTRACTORS- ALL TRADES AND SERVICES- PARKS AND RECREATION DEPARTMENT
Date:Thursday, August 27, 2026 2:31:39 PM
Attachments:COB-RFQ-2026.pdf
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Please find attached the RFQ
CONTRACTORS- ALL TRADES AND SERVICES- PARKS AND RECREATION DEPARTMENT
Mike Christie
406.587.0568P.O. Box 4205, Bozeman, MT 59772Let Us De-Stress Your Mess! www.christieelectricinc.com
City ofijozeman
Christie Electric
Ph 406-587-0S68 P.O. Box 4205 BQieman, NIT 59772 chl"i11tke!ect.riidnc@g1ilai1.com
RFQ for CONTRACTORS-ALL TRADES AND SERVICES -PARKS AND R£CREATtON DEPARTMENT
To Whom it may concern: Christie electric has been in business since 198, We have done electrical work for the City of
Bozeman since. our conception.
We have done ;,vork tcir may departments including Parks. Sotld Waste, Streets .. We have done large projects and currently specialize in service work, but we also do small and medium-sized projects as well. We focus on quality not vohime. We often are
called in to fix other electricians' poor-quality work.
In ad.dition to working directly with the City of Bozeman, we. have worked on large projects with the following contractors.
Martell, Edsall, Taylor.
We haV(} \forked wit11 t11e COB a.11 the way back to Sue Harkin and her needs at tbe Bozeman Swim Center,·we. have worked-on several project at the Landfill with Kevin Handilin and Russ. We do most of our city work with the Parks Department with
Doug and his,team.
We have always been responsive to calls from .ea�h department.
We are current on our workload so that we do not over commit and areavailaple to take care ofetnergency calls.
Weare located at 2331 Birdie Dr, in Bozeman so we are able tobe responsive to all areas of the City.
We hope to continue our Forty-Three years of serving the City Of Bozeman with Quality electrical work:
Sincerely,
Michael D. Christie
Christie Electric Inc.
.Appendix A
NONDISCRIMINATION ANO EQUAL PAY AFFIRMATION
..,,. Iii .•. '. fl Christie Electric ¥ '-,, . (name of entity subrriitting) hereby affirms it will not
discriminate on the basis of race, color, religion, .creed, sex, age, marital status, national origin, or
beca.use of actuaJ or perceived sexual orientation, gender identity or dlsabitity and acknow1edges and
understands the eventual contract will contain a provision prohibiting discrimination as described above
and this prohibition on discrimin.ation shall apply to the hiring and treatments or proposer's employees
and to aJI subcontracts.
In addition, ChriStle Electric t kC..(name of entity submitting) hereby affirms it will
,3bidebythe Equal Pay Act of1963 and Section 39-3-104, MCA {the Montana Equal Pay Act).
Michael D.Christie,� ��1��
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AppendlxB
PROFEs.slONAlSERVK'ES AGREEMl:NT
THIS AGREEMENT is made and entered into thrs � day of AuguSfi _ __,, 202_� ("Effective
Oate'1}, by -,nd between the CtlY Of iOZ£MAN, 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, B()zeman, MT59771, hereinafte.r referred to
as '1City," and, ChriSlie Electric :fl(L . , hereinafter referred to as "Contractor." City and
Contractor may be referred to individually as "Party" and collectively as aParties."
.In consideration of th, mutual covenants and tlgreements herein contained, the receipt and
sufficiency whereof beirig hereby acknowledged, the Parties to this Agreement agree as follows:
1.Purpose: City agrees to eoter this Agreement with Contractor to perform for City services
described in the Scope of Services attached hereto as Exhibit A and fly this reference made a parthereof.
2.Jerin/Effective 0c:Ate: This Agreement is effective upon the Effective Date and wit! �pire on
the ---26th day of Auguust 20_� 1.1nless earlier terminated in accordanc� withthls Agreement.
3.�e of Sertl�ti: Contractor will perform the work and provide the services in accordance
with the requirements of the Scope of Services. For con-flicts between this Agreement and the Scop¢ of
Services, unless specifically provided otherwise, th.e Agreeme11t governs.
4. Payynent: .City agrees to pay Contractor the amount specified in. the Scnpe of Servi<:es. Any
alteration or deviation from the described services that involves additional costs above the Agreement
amount wm be performed by Contractor after written request by City and wmh�ome an additional charge
over and above the amounUisted in the Scope ofServices. City mu�t agree in writing upon any additional
charges.
5.Contracto�s Representations: To induce City to enter into this Agreement, Contractor
represents and warrants:
a.Contractor has familiarized �tself with the nature and extent Qf this Agreement, the Scope of
Services, and with alt local conditions and federal, state, and JocaHaws, ordinances, rules, and regulations
that in any manner may affect cost, progress, or performance of the Scope of Services.
b.Contractor has the experience and ability to perform the services required • by thisAgreement.
c.Contractor will perform the services in a professional, competent, and timely !'Tlanner and
with• diligence and skill ..
d.Contractor has the power to enter into and perform this Agreement.
e.• Contractor's performance of this Agreement must not infringe upon or violate the rights of
any third Party, whether rights of copyright, trademark, privac.::y, publicity, Ub'ef,. slander, or any other rights
of any nature whatsoever, or violate any federaf, state; and municipalJaws.
Contractor agrees City will not determine orexercise :control <:isto general procedures or formats necessary
to have these services meet th is warranty.
6.lndepgndent Contractor Status: Th� Parties agree that Contractor is an independent
contractor for purposes of this Agreement and is not to be considered an employee of City for any purpose.
Contractor is not subjec.::t to the terms and provisions of City's personnel policies hand.book and is not
considered a City employee for workers' compensation or any other purpose. Contractor is not authorized
to represent City or otherwise bind City in any dealings petween Contractor and any third Parties.
Contractor must comply with the applicable requirements of the Workers' Compensation Act, Title
39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act Qf Montana, Title 39,
Chapter 71, MCA. Contractor must maintain workers' compensation coverage for au members and
employees of Contractor's business,. except for those m�mbe.rs who are exempted by law.
Contractor must furnish City with j::Qpies showing one of the following: (1) a l:).inder for workers'
compensation coverage byan insurer licensed and authorized to provide workers' compensation insurance
in the State of Montana; or {2) proof of exemption from wo�ers' CQmpensation granted by law for
independent contractors.
8..labor Relations: If any labor problems or disputes arise during this Agreement, which
cause any services to cease for any period of time, Contractor agrees to take immediate steps in its
discretion, at its own expen$e and without expectation of reimbursement from City, to alleviate or re.solve
ail such labor problems ordisputes. Contractor bears all costs of any related legal action� Contractor must
provide immediate reliefto City so as to permit the .services to �ntinue at no additional cost to City.
Contractor acknowledges and agr�es that City will not be a Partyto any labor disp.utes between Contractor
. and any subcontractors or third Parties.
9.. Indemnity: For other than professional services rendered, to the fullest e>.'tent permitted
by law, Contractor agrees t() release, defend, indemnify, and holtj 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, fee.s and costs (including attorney's fees and the
costs and fees of expert witness and consultants), losses1 expenses, liabilities (including liability where
a:!ctMt\.f is inherently or intrinsically dangerous) or damages of whatever kind or nature oom,ected
therewith. and without limit and without regard to the cause or causes thereof or the negligence of arw
Party or Parties that may be asserted against, recovered from or suffered by the City occasioned by,
growing or arising out ofor resuKing from .or n, any way related to: (I) the negligent, redde$$, or intentional
misconduct of �ontractor; or (il) any negligent, red<i�ss, ot intentionel misconduct of any of Con�ractor's
agents.
for the professional services rendered, to the fullest extent permitted by law, Contracto.r agrees to
Indemnify and hotd the City harmless against claims, demands, suits, damages, losses, and expenses,
including reasonable defense attomey fees, to. the extent caused by the negligence or intentional
misconduct of Contractor or Co.ntractt>r's agents or employees.
for any labor problems or disputes or any delays Qr stoppages of work associated with such
problems or disputes. Contractor must Indemnify, defend, and hold the City harrntess from any arid at!
daims, demands, costs, expenses, damages, and liabifities arisin, out of, resulting from, or occurring.
Contl"ilct<>r's oJ)Ugations in this Section· must not be construed to ne�ate, abridgef or reduce other
tights or obligations of indemnity that would otherwise exist. The indemnification obllgations of tJ1is
Section must not be construed to negate, abrtdge, or reduce any common..faw or statutory rights of the
City as indemnltee(s) which wourd otherwise exist as to such �ndemnitee(s).
Contractor's lndernnity under this Section must be without re�rd to and without any right to
contribution from any Insurance maintained by City.
Should the City be required to bring an action against Contractor to assert its right to defense or
indemnification under this Agreement or under Contractor's .applictble insurance policies required below,
the C!ty must be entitled to recover reasonable costs and attorney fees incurred. in asserti1)g its right to
indemnification or defense but only if a court of competent jurisdiction determines Contractor was
obJigated tQ defend the daim(s) or was obHgated to indemnify the City for a daim(s) or any portion{?}
thereof.
fn the event of an action filed against the qty resulting frotn the City's performance under this
Agreement; the City may elect to represent itself and incur all costs and expenses of suit.
These obligations must survive termination of thls Agreement and the services performed
hereunder.
10.lnsurancg: In addition to and lndependent from Contractor's indemnity obligations under
Section 9, Contractor must, at Contractor's expense., secure insuranre coverage through an insurance
company or companies quly licens�d an.d authorized to conduct insurance business in Montana which
ins.ures the liabmties and obUgations specifically assumed by Contractor in this Section .. The insurance
coverage must not contain any exdusion for liabilitiesspecificallyassumed by Contractor in Section 9.
The insurance must be occurrence.,based, arid cover and apply to all daims, demands, suits,
damages, losses, and expenses that may be asserted or datrned against, recovered from, or suffered by
City Without limit and without regard to the cause. Contractor must furnish to City an accompanying
certificate :0f insurance and accompanying endorsements in amounts not less than as follows:
•Workers' Compensation .... statutory;
•Ern:ployers' Uability-$1�000,000 per claim; $2,,000�000 per occurrence;
•Commereial GeneralUability -$1,000,000 per daim; $2,000i0OO per occurrence;
•Automobile Liability � $1,000,000 per property damage claim and $1,000,000 per bodily
injury claim; $2,000,000 per accident; and
•Professional Uabjlity • $1,000,000 per claim; $2,000.,(ID0 per occurrence.
The abov� amounts must be exclusive of defense costs. City must be endorsed as an additional
insured on a primary non-contributory basis on the Commercial General,. Employer's liability, and
Automobile Uability polici�s. The. insurance and required endorsements must be approved by City and
mustJnclude no less than a thirty (30) day notice of cancellation or non�reoewal..Contractor must notify
City within two (2) business days of Contractor's receipt of notice that any required insurance coverage
will :be ·terminated ot Contractor's decision to terminate any requJred insurance coverage for any reason.
Citv. must approve all insurance coverage and endorsements. prior to Contractor ·commencing
work. Alternative: Contractor must provide City a tertificate of insurance prior to commendng work.
City must approve the limit$ shown on the certificate prior to.a,mmencing work .. City's approval of the
limits · does not relieve Contractor of . Contractor's obliqtion to ensure. the. insurance meets the
reguirements.
11. Waiver of Claims: Ccmtractor also waives any and all claims and recourse against City,
including the. right of contribution for loss or damage to person or property arising from, growing otJt of,
or In anv way connected with or indd�nt to the perforniance of this Agreement e,,cept ''responsibility for
[City's} own fraud, for wi11ful injury to the person or property of another1 or for violation o.f !aw) whether
wil!ful ornegligent'' as per 28-,2u702, MCA.
12.Termination f«'9ntrscto�s Fault:
a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails toperform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreeme!Jt, City may; by written notice, terminate this Agreement and
Contractor's right to proceed with all or any part of the work (UTermination Notice Due to
Contractor's Fault'�). City may then t.ake over the work and complete It, either with fts own
resources or by re-letting the contract to any other third Party,
b.In the event of a termination pursuai'lt to this Section 12, Contractor must be
.entitfed to payment only for those services Contractor actually ren<iered.
c.Any termination provided for by this Section 12 must be in addition to any Qther
ttmedies to \vhich City may be entitled under the law or at equity.
d.in the event of termination under this Section 12, Contractor must. under no
circumstances, be entitle.d to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office ov�rhead, .general conditions costs, or lost profits
damages of any nature arisireg, or claimed to hav.:: arisen� as a result of th.e termination.
13.Termination for Cltv.'s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of City; make it advisable
to City to cease performance under this Agreement, City may terminate this Agreement t,y written notice
to Contractor ("Notice of Termination for City's Convenience"). The tenninatlon must be effective in the
manner specified in the Notice of Termination for City's Convenience and must<be without prejudice to
any claims that City rnay otherwise have against Contractor.
b.Up,.,n receipt of the Notice of Termination ft:>r City's Convenience, unless otherwise directed
tn the Notice, Contractor must Immediately cease perfonnance under this Agreement and make every
reasonable effort to refrain from contit1uing work, incurring additional expenses Qr costs under this
Agr.eement and must immediately cancel all existing orders or contracts upon terms satisfactory to City.
Contractor must 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 13,. Contractor is entitled to payment:
onty 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 Settlon 13(c) is the sole compensation due to Contractor
for its performance of this Agreement. Contractor must, uoder no circumstances, be entitJed to dc1im or
recover consequential, special, punitive, lost business opportunity, lost productivity, field office: overhead,
general conditio.ns costs, or lost. profits clamages of any nature arising, or claimed to have arisen� as a result
of the terminati.on.
14.Intellectual. Proee,n a!)d Ow;nership .of Work Product:
a. Title and Ownership Rights, City retains title to and all ownership rights in all Work
Product. "Work Product" includes all materials, tangible or not, created in whatever medium pursuant to
this Agreeme.nt, im:luding but not limited to publications; promotional or educational materials, reports,
manuals, specifications. drawings and sketches, computer programs, softwclre and databases,
schematics; marks, logos, graphic designs, notes, data and content, including but .not limited to
multimedia or images {�raphics, audio, and video)t matters and any combinations of, and allforms of
intellectual property.
b.Ownership of Work Product. Contractor must execute. any documents or take
any other actions as may reasonably be necessary, or as City may reasonably request; to perfect
City's ownership of any Work Product. Contractor must, at no CQst to City, deliver to City, upon City
request dudng the term of this Agreement or at its expiration or termination, a current copy of alt Work
Product in the form and on the media in use as of the date of City's request; or such expiration or
termination.
c.Return of Physical Property. Upon expiration or termination of this Agreement, Contractor
agrees to return to City all City property, including but not limited to any and all physical items such as
do.cumeotation, records, and equipment, which is in Contractor's possession or under contractor's
controf. Co.ntrattQr most svbmit to City a detailed account of aH of City's property in its. possession or
under Contractor's controt Contractor must .return City's property in a method acceptable to City within
ten (10) working days. Unless otherwise mutµally agreed upon by the Parties, at no time must any of
City's property be retained by Contractorupon expiration or termination of this Agreement.
d.Return of Data. Upon ¢xpiration or termination of this Agreement, Contractor agrees to
return to City all City data. Contractor must submffto City a detaifed account of all of City's data in its
possession or under Contra(:tor's control. Co.ntractor must return City's data in a fqrmatacceptahle to
City within ten { 10) working days. At no time mt.tst any data or processes that either belong to or are
intended for use of City or its officers, agents, or employees, be copied, disclosed, or retained by
Contractor upon expiration or termination of this Agreement.
e.Destruction of Data. If requested by .City, Contractor agrees to destroy all of City's data in
its possession. When requested by City to destroy City's data, Contractor agrees to permanently delete
the data and en$ure that it is not recoverable, in accordance with National lnstitµte of Standards and
Technology (NIST) SP 800,;.88 "Media Sanitation Guidelines."
f.Certification. In all cases, Contractor wifl certify th�t atl of City's information processed
during th� performance of the services will be completely purged from all physical and electrc>nic data
storage with no output to be retained by Contractor at the time the worlds completed, the Agreernent is
terminated, or upon written request of City.
15.Limitation on Contractor's Damages; Tfme for Assertjng c,�im:
a. In the event of a claim for damages by Contractor t1nder this Agreement, Contractor's
damages must be Jimited to contract damages and Contrat.i:or hereby expressly waives any righUo daim
or rec:over consequential, speciaJ; punitive, lost business opportunity, lost productivity, field office
overhead� general conditions costs, or iostproflts damages of any nature or kind.
b.In the event Contra.ctor wants to assert a claim for damages pf any kind or nature,
Contractor must provide.City with written notice of Its claim, the facts and circumstance.s surr()undingand giving rise to the .claim, and the total amount of damages sought by the claim, within thirty (30) days of
the facts anc! ci�cumstances giving rise to the daim. In the event Contractor fails to provide such notice,
Contractor must waive .all rights to assert .such claim.
a.City's Representiiqll.�: City's Representative for the purpose of this Agreement must be
__________ or such other individual as City must designate in writing. Whenever approval or
authorization from or commurHcaticm or submission to City is required by this Agreement, such
communication or submission must be d.irected t<> City's Representative and approvals or authorizations
must be i$sued only by such Representative; provided, however, that in exigent circumstances when City's
Representative is not available, Contractor may direct its communic111tton or submission to other
designated City personnel or agents as • designated • by City in writing and may r�ceive approvals or
authorization fromsuch persons.
b. Contractor"s Re,ar§�_entattve: Contractor's Representative for the purpose of this
Agreement must be . Michael.D. Christie or such other Individual as Contractor must designate in
writing. Whenever direction to or communication with Contractor is required by this Agreement, such
direction or communication mustbe directed to Contractor's Repr?sentative; provided, however, that in
exigent circum�'tances when Contractor's Representative is not available, City may direct its direction or
communication to other designated Cont.ractorp:ersonnel or agents.
c.Notices: AH notices required.by this Agreement must be in writing and must be.provided to
the Representatives name<:! in this Sectio.n .. Notices mustbe deemed given when delivered, ifdelivered by
courier to Party's address sho\vo above durit'\g normal business hours of the recipient; or when sent, if
sent by email or fax (with a successful transmission repo1t) to. the email address or fax number prqvided
by the Party's Representativei or Qn the fifth business day following mailing, if mailed by ordinary mall to
the address shown above, postage prepaid.
17.Permits: Contractor must provide all notices, comply with all i:tpplicable laws, ordinances;
rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license,
cind inspections from applicable govemmentat authorities, and pay atl fees and charges in connection
therewith.
18.Laws and Regulations: Contractor mµst comply fuUy With all applicable state and federaf
laws, regulations, and municipal ordinances inth.Jding, but notHmited to,all workers' compensation laws,
all environmental laws induding, 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 SO, Chapter 71, MCA, all applicable City, Cottnty, and .State building and electrical codes, the
Americans With. Disabilities Act, and all non .. discrimination, affirmative action, and utiflzation of minority
and small business statutes and regulations.
20.Generative Artificial Intelligence (Al}: Contractor must inform the City's representative of its
intention to utilize Generative Al to fulfill the deliverables or services detailed in the Scope of Services,
City's representative may, in their discretion:. permit or deny Contractor's use of Generative Al. ff
Contractor is permitted to use Generative Al, Contractor agrees to review any work created by Generative
Al for accuracy, bias, and copyright infringement. Contractor agrees it wm never submit any confidential
or personal identiftabte information acquired through this Agreement into a Generative Al system. For the
purposes of this section, Generative At is defined as a deep learning model that can generate high quality
content such as stories or writings, images, voice replication and music.
21.Nondiscrimination and Equal Pay: Contractor agrees that all hiring by Contractor of persons
performing this Agreement must be on the basis of merit and qualifications. Contractor must have a policy
to provide equal employment opportunity in accordance With all applicable state and federal anti,.
discrimination laws, regulations, and contracts. Contra1;tor cannot refuse employment to a person, bar a
person from E!mployment, or discriminate against a per.son in compensati<>n 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. Contractor is subject to and must comply with Title VI of the Civil Rights Act of 1964;
Section 140, Title 2, United States Code, and aU regulations promt.1lgated thereunder;
Contractor represents it is, and for the term of this Agreement wm 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 City any violations of the. Montana Equal Pay Act that Contractor has been found
guilty of within GO days ofsuch finding for violatjons m;:curring during the term ofthis Agreement.
Contractor must reqQire these nondiscrimination terms of Its subcontractors providing services
under this Agreement.
Intoxicants; DOT Drug and Alcohol Rguiations{S!fetv and TrainiDi: Contractor must not permit or .suffer the introdµction or use of any intoxicants, including alcohol or itlegal drugs, by any
employee or agent engaged In services to City under this Agreement while on City property or in the
performance of any acth,ities under this Agreement. Contractor ac:knowledges it is aware of and must
comply with its responsibilities a.nd obligations under the U.S. Department of Transportation {0OT)
regtdations governing anti-ct rug and alcohol misuse preveotiQn plans and related testing. City must have
the right to request proof of such compliance and Contrac.tor must be obligated to furnish such proof.
Contractor must be responsible for instructing and training Contractor's emptoy�es and agents in
propenmd spe�ified work metho.ds c;ind procedures. Contractor must provide. continuous inspection and
supervision of the work performed. Contractor is responsible for instructing its employees and agents in
safe work practices.
231.M�dffication and Assigl'lability: This Agreement may not be enlarged, modified or alter�d
except bywritten agreement signed by both Parties. Contractor may notsubcontractor assign Cc:mtractor1s
rights1 including the right to (Ompensation or duties arising hereunder, without the prior written consent
of City. Any subcontractor orassignee wilt be bound by all of the terms and conditions ofthis Agreement.
Re'19rtslAcr;ountaipil�ubHc Information: Contractor agrees to develop and/or provide
documenta.tion as requested by City demonstrating Contracto.r's compliance with the requirements of this
Agreement. Contractor must allow City, its auditors, and other persons authoriied by City to inspect and
copy its books ancl records for the purpose of verifying that the reimbursement of monies distributed to
Contractor pursuant to this Agre�ment was used in compfiance with this Agreement and al! applicable
provisions offederal, state, and local law. Contractorcannot issue any statements, releases or information
for public dissemination without prior approval of Cify.
25.Non,.walvet: A waiver by either Party of any default or breac.h by the other Party of any
terms or conditions of this Agreement does nQt limit the other Party's right to enforce such term or
conditioi1s or to pursue any avaiiab.e iegal or equitable rights in the event of any subsequent default or
breach,
26.Att9m,ey's Fees a�1d c�:. In the event it becomes necessary for either Party to retain an attorney
to enforce any of the terms or condi'iicns .. of this Agreement pr to give any notice required in this
Agreement, the prevaifing Party or the Party giving notice is entitled to reasonable attomey'sfees and
costs. including fees, salary,. and costs of in-house counsel indudin� the City Attorney's Office staff.
27.Taxes: Contractor is obligated to pay all taxes of any kind or nature a.od make all appropriate
employee withholdings.
28.Dispute, Resolution:
a.Any �laim, controversy, or dispute between the Parties, tlJeir agertts, employees, or
representatives must be resolved first by negotiation between senior�level personnel from each Party duly
authorized to negotiate settlement agreements. Upon mutual agreement of the Parties, the Parties may
invite an independent, disinterested mediator to assist in the negotiated settlement discussions; The
Parties must attempt to resolve by negotiation within 90 days after the claim, controversy, or dispute has
arisen.
b.lfth-e Parties. are unable to resolve the dispute pursuant to subsection (a), then such dispute
may only.be resolv�d in a .coµrt of competent jurisdiction In compliance with the Applicable Law provisions
of this .Agreement. In such a case, all court actions must be commenced within 1 yea rafter the settlement
procedure in subsection (a). has been exhausted.
29.Survival: Contractor's indemnification must survive the terrninati.on or expiration of this
Agreement for the maximum period allowed under applicable law.
30.Hea,:tings: Th.e headings used in this Agreement are for convenience only and are not to be
tonstrued as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which
they refer.
31.SeverabiHtv: lf any portion otthi.s Agreement is fleld to be void or unenforceable, all other
provisions of this Agreeme·nt must remain in effect.
32.
of Montana.
33.
AppHcable Law: The Parties agree that this Agreement is governe<:i by the laws of the State
Binding Ef!ect: Thi.s Agreement is binding upon and inures to the benefit of the heirs, legal
representati:ves, successors, and assigns of the Parties.
34.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.
35»Count§!rparts: ihis Agreement may be executed in counterparts, which together constitute
th is Agreement.
36.Integration: This Agreement and an Exhibits attached hereto constitute the entire
Agreement of the Parties. Covenants or representations not contained h�rein 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 Agreemflnt. AH communications, either orat or wrtttenl made prior to the date of this
Agreement are hereby abrogated and withdrawn unless speclficaUy made a part .of this Agreement by reference.
37.Consent. to Eie�onlc Signatures: The Parties have consented. to execute this Agreement
electronically in conformance.with the Montana Uniform Electronic Transactions Act. Title 30, Chapter18�
Part 1, MCA.
38.i,>CtJ;Nigm:. This Agreement may, upon mutual agreement, be extended for a period of upto one year at a time by written agreement ofthe Parties. !n no case, however, may this Agreement run
longertnan ----�--�....,.:.,.;..:fiv� {S)years from the effective date of this Agreement.
**** END Of AGREEMENT EXCEPT FORSBGNATURES ****
IN WITNESS WHEREOF. the·Parties hereto have exep.it�d this Agreement the day and year first above written or as recorded in an �fectronic signature.
CITY OF BOZEMAN, MONTANA
CONTRACTOR {Type Name Above)
By _ __, ___ ....... __________ _ Chuck Winn, City Mana1r.u
Print Title; _awne_ .. _, _______________ _
av......,. _________________ _ Greg sumvan, Bozeman City Attorney
Christie Ete�ic :; WC-
.Print Name:�_ae_1_0_._c_h_.ri_$t!e ________