HomeMy WebLinkAbout12- Big Sky Archery Independent Contractor Agreement for Recreation Programs City of BG man Parks and Recreation epartment
Independent Contractor Agreement for Recreation Programs
This agreement made and entered into by and between the City of Bozeman, 121 North
Rouse Ave., Bozeman, MT, 59715, hereinafter called the"City" and Big Sky Archery, 77
Laura Louise Lane, Bozeman, MT 59718 hereinafter called the "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:
I. Term/Effective Date. This agreement shall become effective on September 1,
2012 and will continue in effect until August 31, 2013 unless earlier terminated as
defined by this Agreement or extended by signed written agreement of the parties.
2. Scope of Work: Program/Services:
The Contractor agrees to perform the following work;..
a. Program Title (the "Program"):
Youth Beginning Archery, Youth Intermediate Archery and Adult Archery
b. Program Description:
Each class will last one hour and be taught by certified Archery professionals.
Classes will cover safety, technique and allow time for practicing skills. The
class will be limited to groups of 10 students up to 20 to every 2 instructors.
c. Location(s):
Big Sky Archery, 77 Laura Louise Lane, Bozeman, MT 59718
As approved by the Recreation Manager
d. Dates& Times:
Adult: October 4-November 8, Thursday 6:00-7:00pin
Youth Beginning: October I-November 5, Monday 6:00-7'.00pm
Youth Advanced: October 3-November 7, Wednesday 6,00-7:00pm
Other: more classes may be added depending, on the success of the above and
the determined community need and as approved by the Recreation Manager.
e. Person's working for or on behalf of the Contractor:
Terry Maniger
Joey Nelson
Josh Moore
Gave Roffe
Bryce Pick
Justin Berg
Scott Grimm
3. Fees, The City shall collect all fees from Program participants and within 20 days
of program conclusion and receipt of invoice, pay the contractor a percentage as
determined by the City of Bozeman.
4. Independent Contractor:
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 shat. imply with the applicable require. is 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.
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.
The Contractor shall be responsible for all costs and expenses of performing the
services, tools and equipment required to perform the services and payment of all
State and Federal taxes required.
5. Indemnification/Waiver/Insurance:
For other than professional services rendered, to the fullest extent permitted by
law, Consultant agrees to defend, indemnify, and hold the City harmless against
claims, demands, suits, damages, losses, and expenses connected therewith that
may be asserted or claimed against, recovered from or suffered by the City by
reason of any injury or loss, including but not limited to,personal injury, including
bodily injury or death, property damage, occasioned by, growing out of, or in any
way arising or resulting from any intentional or negligent act on the part of
Consultant or Consultant's agents or employees.
For the professional services rendered, to the fullest extent permitted by law,
Consultant 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 willful misconduct of the
Consultant or Consultant's agents or employees.
Contractor 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.
Should City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the certificate of insurance
provided by the Contractor or -under the Contractor applicable insurance policy 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
The above obligations shall survive termination of this agreement.
Prior to commencing work, Consultant shall secure insurance coverage acceptable
to the City and furnish to the City an accompanying certificate of insurance issued
by a company authorized to do business in the State of Montana endorsing the City
9. Notices:,Notices --garding this Agreement shall be made rte-
Contractor: Big ,'-,Yy Archery, 77 Laura Louise Lane, Bozea_,tn, MT 59718
City: Bozeman Parks,and Recreation Department, Jamie Saitta,Recreation
Manager,415 N. Bozeman,Ave, 59715
10. Non—Discrimination: The parties shall not discriminate in the fulfillment of this
Agreement on the basis of race, color religion, creed, sex, age, marital status,
native origin, or actual or perceived sexual orientation, gender identity disability.
11. Modification and Assignment. This document contains the entire agreement
between the parties and no statements, promises or inducements made by either
party or agents of either party, which are not contained in this written Agreement,
may be considered valid or binding. This Agreement may not be enlarged,
modified or altered except by written agreement signed by both parties hereto,
The Consultant may not subcontract or assign Consultant'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.
12. General:
a. Time is of the essence on all undertakings.
b, Attorney Fees. If it is necessary for either party to bring an action to enforce
the terms, covenants, or conditions of this Agreement, the prevailing party
shall be entitled to reasonable attorney fees to be set by the appropriate court,
including fees of the Bozeman City Attorney.
c. This agreement shall be enforced under the laws of the State of Montana.
d. 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 conditions or to pursue any available legal or equitable lights in
the event of any subsequent default or breach.
e. 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.
IN WITNESS WREREOF,the parties here to have executed this instrument the day and
year recognized below.
Contractors Name. Bill Farris
Company Name: Big Sky Archery
Federal Tax ID Number: 20-1818005
City of Bozeman Business License Number(required): n/a
Business Phone: 406-388-0503
Email: biaskyarel-ie[y@aol.com
Business Mailing Address: 77 Laura Louise Lane, Bozeman, MT 59718
Liability Insurance Company Policy Number, Phone Number and Address:
Farmers,Union, 300 River Drive North, Great Falls, MT 59403, Policy 4 BPO0004736
Worker Compensation Company Policy Number,Phone Number and Address:
Montana State Fund, Policy Number 03-339,279-6
Completed Background Investigation Form: Yes No
Checks are done in house on all employees
of Bozeman, its ---rficers, agents, and employees as addit; 31 insured an a primary
aeon-contributor' oasis for personal injury and propert, amage 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;
$2,000,000 annual aggregate
• Professional Liability -$1,000,000 per claim; $2,000,000 annual aggregate
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 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
certificates of insurance prior to the Contractor commencing work and the
Contractor shall supply the City with any policies or endorsement documents the
City deems necessary to ensure compliance with this section.
6. Termination by (City/Remedies: The City may terminate this Agreement with or
without cause upon ten (10) days written notice to the Contractor. In such a ease,
the Contractor specifically authorizes the City, in its discretion, to assume
oversight and operation of the Program until the Program is completed or cancel
the Program and return to each Participant any portion of fees the City deems
reasonable. In such a case, the Contractor hereby waives any claim for any
Program fees as of the date of termination not yet distributed to Contractor by the
City. The following shall not prevent the City from seeking any other remedy it
may have at law or equity. The City may hold back payment or refuse payment
whenever in the City's sole discretion it is required to assure, obtain or compel
Contractor's compliance or performance with this Agreement.
7. OwnerWp, and Publication of Materials. All reports, information, data, and
other materials prepared by the Contractor pursuant to this Agreement are the
property of the City. The City has the exclusive and unrestricted authority to
release, publish or otherwise use, in whole or part, information relating thereto.
Any re-use without written verification or adaptation by the Contractor for the
specific purpose intended will be at the City's sole risk and without liability or
legal exposure to the Contractor, No material produced in whole or in part under
this Agreement may be copyrighted or patented in the United States or in any other
country without the prior written approval of the City.
8. Background Investigation: The Contractor agrees to authorize the City of
Bozeman to conduct detailed background investigations of the Contractor and
subcontractors and their agents, and employees to include but not be limited to a
criminal background investigation, search of publicly available internet
information, and violent and sexual offender registries. All costs associated with
all components of the background investigation shall be the responsibility of the
Contractor. Each person listed above in Section 2, above, shall sign a City
provided authorization and consent to conduct background investigation.
Certification
Under penalty of perjury,the Contractor herein certifies that the above information is true
and correct.
Contractor _
t C _
l3nlsil�KnI1
Date and place
l'ar �s ;end r atnon Department Representative
-- 0 1 .._......__._--
Date
' s al d l .'°cre tionWDirector
Date
Background check completed on:
City of BG man Parks and Recreation oartmcnt
Independent Contractor Agreement for Recreation Programs
This agreement made and entered into by and between the City of Bozeman, 121 North
Rouse Ave., Bozeman, MT, 59715, hereinafter called the "City" and Big Sky Archery, 77
Laura Louise Lane, Bozeman, MT 59718 hereinafter called the "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:
I. Term/Effective Date. This agreement shall become effective on September 1,
2012 and will continue in effect until August 31, 20,13 unless earlier terminated as
defined by this Agreement or extended by signed written agreement of the parties,
2. Scope of Work: Proaram/Services:
The Contractor agrees to perform the following work:
a. Program Title (the "Program"):
Youth Beginning Archery, Youth Intermediate Archery and Adult Archery
b. Program Description:
Each class, will last one hour and be taught by certified Archery professionals,
Classes will cover safety, technique and allow time for practicing skills. The
class will be limited to groups of 10 students up to 20 to every 2 instructors.
c. Location(s):
Big Sky Archery, 77 Laura Louise Lane, Bozeman, MT 59718
As approved by the Recreation Manager
d. Dates& Times:
Adult: October 4-November 8, Thursday 6:00-7:00prn
Youth Beginning: October 1-November 5, Monday 6;00-7:00prn
Youth Advanced: October 3-November 7, Wednesday 6:00:-7:00pm
Other: more classes may be added depending on the success of the above and
the determined community need and as approved by the Recreation Manager.
e. Person's working for or on behalf of the Contractor:
Terry Maniger
Joey Nelson
Josh Moore
Gave Roffe
Bryce Pick
Justin Berg
Scott Grimm
3. Fees: The City shall collect all fees from Program participants and within 20 days
of program conclusion and receipt of invoice, pay the contractor a percentage as
determined by the City of Bozeman.,
4. Independent Contractor:
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 shal, imply with the applicable require. Is 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.
Conti-actor 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.
The Contractor shall be responsible for all costs and expenses of performing the
services, tools and equipment required to perform the services and payment of all
State and Federal taxes required.
S. Indemnification/Waiver/Insurance:
For other than professional services rendered, to the fullest extent permitted by
law, Consultant agrees to defend, indemnify, and bold the City harmless against
claims, demands, suits, damages, losses, and expenses connected therewith that
may be asserted or claimed against, recovered from or suffered by the City by
reason of any injury or loss, including but not limited to,personal injury, including
bodily injury or death, property damage, occasioned by, growing out of, or in any
way arising or resulting from any intentional or negligent act on the part of
Consultant or Consultant's agents or employees.
For the professional services rendered, to the fullest extent permitted by law,
Consultant 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 willful misconduct of the
Consultant or Consultant's agents or employees.
Contractor 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.
Should City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the certificate of insurance
provided by the Contractor or under the Contractor applicable insurance policy the City
shall be entitled to recover reasonable costs and attorney fees incurred in assorting 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 cWm(s)or any portion(s)thereof.
The above obligations shall survive termination of this agreement.
Prior to commencing work, Consultant shall secure insurance coverage acceptable
to the City and furnish to the City an accompanying certificate of insurance issued
by a company authorized to do business in the State of Montana endorsing the City
9. Notices: Notices --a,arding this Agreement shall be made to-
Contractor: Big ,)Ny Archery, 77 Laura Louise Lane, Boze�,,dn, MT 59718
City: Bozeman Parks and Recreation Department, Jamie Saitta, Recreation
Manager, 415 N. Bozeman, Ave, 59715
10. Non—Discrimination. The parties shall not discriminate in the fulfillment of this
Agreement on the basis of race, color religion,, creed, sex, age, marital status,
native origin, or actual or perceived sexual orientation, gender identity disability.
11. Modification and Assignment: This document contains the entire agreement
between the parties and no statements, promises or inducements made by either
party or agents of either party, which are not contained in this written Agreement,
may be considered valid or binding. This Agreement may not be enlarged,
modified or altered except by written agreement signed by both parties hereto.
The Consultant may not subcontract or assign Consultant'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.
12. General:
a. Time is of the essence on all undertakings.
K Attorney Fees. If it is necessary for either party to bring an action to enforce
the terms, covenants, or conditions of this Agreement, the prevailing party
shall be entitled to reasonable attorney fees to be set by the appropriate court,
including fees of the Bozeman City Attorney.
c. This agreement shall be enforced under the laws of the State of Montana.
d, A waiver by either party any default or breach by the other party of any terms
or conditions of this Agreement does not Iii-nit 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.
c. 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.
IN WITNESS WHEREOF, the parties here to have executed this instrument the day and
year recognized below.
Contractors Name: Bill Farris
Company Name: Big Sky Archery
Federal Tax ID Number: 20-1818005
City of Bozeman Business License Number(required): n/a
Business Phone: 406-388-0503
Email: bigskyarche ol.c�om
Business Mailing Address: 77 Laura Louise Lane, Bozeman, MT 59718
Liability Insurance Company Policy Number, Phone Number and Address:
Fanners Union, 300 River Drive North, Great Falls, MT 59403, Policy#BP00004736
Worker Compensation Company Policy Number, Phone Number and Address:
Montana State Fund, Policy Number 03-339279-6
Completed Background Investigation Form: Yes No
Checks are done in house on all employees
of Bozeman, its dicers, agents, and employees as acidity A insured on a primary
non-contributor, oasis for personal injury and property amage 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;
$2,000,000 annual aggregate
Professional Liability-$1,000,000 per claim; $2,000,000 annual aggregate
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional or named insured on a primary lion-contributory basis on both the
Commercial General and Automobile Liability policies, The insurance 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
certificates of insurance prior to the Contractor commencing work and the
Contractor shall supply the City with any policies or endorsement documents the
City deems necessary to ensure compliance with this section.
6. Termination.by City
lRemedies: The City may terminate this Agreement with or
without cause upon ten (10) days written notice to the Contractor. In such a case,
the Contractor specifically authorizes the City, in its discretion, to assume
oversight and operation of the Program until the Program is completed or cancel
the Program and return to each Participant any portion of fees the City deems
reasonable. In such a case, the Contractor hereby waives any claim for any
Program fees as of the date of termination not yet distributed to Contractor by the
City. The following shall not prevent the City from seeking any other remedy it
may have at law or equity. The City may hold back payment or refuse payment
whenever in the City's sole discretion it is required to assure, obtain or compel
Contractor's compliance or performance with this Agreement,
7. Ownership and Publication of Materials: All reports, information, data, and
other materials prepared by the Contractor pursuant to this Agreement are the
property of the City. The City has the exclusive and unrestricted authority to
release, publish or otherwise use, in whole or part, information relating thereto.
Any re-use without written verification or adaptation by the Contractor for the
specific purpose intended will be at the City's sole risk and without liability or
legal exposure to the Contractor. No material produced in whole or in part under
this Agreement may be copyrighted or patented in the United States or in any other
country without the prior written approval of the City.
8. Background Investigation: The Contractor agrees to authorize the City of
Bozeman to conduct detailed background investigations of the Contractor and
subcontractors and their agents, and employees to include but not be limited to a
criminal background investigation, search of publicly available internet
information, and violent and sexual offender registries. All costs associated with
all components of the background investigation shall be the responsibility of the
Contractor, Each person listed above in Section 2, above, shall sign a City
provided authorization and consent to conduct background investigation.
Certification
Under penalty of perjur ya the Contractor herein certifies that the above information is true
and correct.
...................................
Contractor
811sir ass
17 -1
Date and place ru"
Par -s and e Wationpartment Representative
D,to
at d 1 cr e tion Director
Date
Background check completed on
W0Rh', .ERS' C0MPENS, .T10N
-e" 4
INSURANCE COVERAGE I
EMPLOYEE NOTICE
BIG SKY ARCHERY INC Date: 07/19/2011
77 LAURA LOUISE LN Policy Number: 03-339279-6
BOZEMAN MT 59718
Team: 1
The above-named employers workers' compensation insurance coverage is active and in good
standing for the period of 08/03/2011 to 08/03/2012, provided the employer meets all premium
and reporting requirements.
IF YOU ARE INJURED
You should report any on-the-job injury to your supervisor, employer, or insurer as soon as
possible,. You must report the accident within 30 days. A sole proprietor, partner, manager of a
manager-managed limited liability company, member of a member-managed limited liability
company, or corporate officer covered under the Montana Workers' Compensation Act must
report an accident to the insurer within 30 days.
Report minor injuries to your employer whether or not you receive medical treatment. After you
report the injury, your employer has 6 days to notify their insurer. You must submit a written
First Report of Injury within 12 months from the date of the accident or within one (1) year from
the knowledge of an occupational disease. You can submit this forrn to your employer, insurer,
or the Department of Labor and Industry,
All employees sustaining a compensable work related injury or occupational disease, other than
those who are exempted by statute (Section 39-71-401, MCA), are covered for medical and
wage-loss benefits.
Prior to the Insurer's designation or approval of a Treating Physician
YOU may Choose your initial Health Care Provider.
You may continue to receive treatment from your initial health care provider unless the insurer
designates a treating physician other than your initial health care provider. After providing you
with a notice of a designated or approved treating physician, the insurer is no longer liable for
treatment providedi by other health care providers unless authorization is obtained to continue
treatment.
For specific information about this policy, call or write your
employer's insurance carrier:
Mnnt,qns State rund
LOTICE OF PROPOSED CLASS ACTION SETTLEMENT
IF YOU RECEIVED UNSOLICITED ADVERTISING FAXES FROM ENGINEERING SERVICES
AND PRODUCTS COMPANY(-ESPC-),PLEASE READ THIS NOTICE CAREFULLY.
IF YOU NVISH TO BE PAID BENEFITS UNDER THIS SETTLEMENT,SUBMIT A CLAIM FORM BY OCTOBER 5,2012.
To All Mernbers of the Following Class:
V. WHAT AM I GIVING UP?
All persons and entities with fax numbers,who in December, If the settlement becomes final,you will be releasing 13SP(7 of
2011,were sent faxes by Engineering Services and Products any claims relating in any way to their sending of unsolicited advertising
Company,promoting its goods arservices for sale,and who facsimiles in December, 2011. This release is more fully explained in
were not provided with an"opt out"notice as described in 47 paragraph 11 of the Settlement Agreement, You will need to reference
U.S.C. §227. case number 11 C 9251, The Settlement Agreement is available at
www.edcombs.com or at the Clerk's Office, U.S. District Court for the
Northern District of Illinois, 219 S. Dearborn St,, Chicago, IL 60604 or
1. WHY IS THIS NOTICE BEING SENT? from Settlement Class Counsel during regular business hours.
This notice is being sent to let people know that they may be
eligible to receive their pro rata share of a Settlement Fund described VI. EXCLUDING YOURSELF FROM THE SETTLEMENT
below under a proposed settlement of a class action lawsuit if they You will be a member of the Settlement Class unless you
submit a claim form by OCTOBERS,2012.The lawsuit is pending in exclude yourself from the Settlement Class. You need not take any
federal court in Chicago,Illinois.The hearing to approve the settlement action to remain in the Settlement Class but you need to submit a Claim
will be field on NOVEMBER aj 1:30 p.m. before Judge Form by OCTOBER 5.2012 to be eligible to receive a payment,
Bucklo, Courtroom 1441 of the U.S. District Court for the Northern
District of Illinois,219 S.Dearborn St.,Chicago,IL 60604. If you want to keep the right to sue ESPC over the legal issues in
this case, then you must take steps to get out of the settlement. This is
11. WHAT IS THE LAWSUIT ABOUT? called asking to be excluded from—or sometimes called"opting out"of—
Plaintiff Richard Wade Architects, P.C. ("Plaintiff") sued the class. To exclude,yourself from the settlement you must send a letter
ESPC, alleging that it received an unsolicited facsimile advertisement saying that you want to be excluded from Richard Wade Architects,P.C.
from ESPC and that dic sending of this fax violated federal I aw,called v Engineering Services and Products Company, I I C 9251, class action
the federal Telephone Consumer Protection Act. Plaintiff sought to settlement. Be sure to include your name,address and the number for the
represent a class of persons to whom ESPC sent unsolicited advertising facsimile machine on which you were sent a fax advertisement and your
facsimiles. ESPC denies these allegations but has agreed to settle to signature by OCTOBER 5. 2012, Send the letter to Class Counsel at
avoid the cost,; and uncertainties of litigation. ESPC will vigorously the address provided in paragraph VIII. If you opt out,you will not
defend the lawsuit if the proposed settlement is not approved. receive any payment from the Settlement Fund,you cannot object to the
Settlement and you will not be bound by anything that happens in this
III, WHAT IS THE PROPOSED SETTLEMENT? lawsuit.
The parties to the lawsuit have agreed to settle after extensive
negotiations. Under the proposed settlement,ESPC has agreed to pay a VIL OBJECTING TO THE SETTLEMENT,
Settlement Fund in the amount of$215,000, The Settlement Fund will Either on your own or through an attorney you hire,you can
cover an award to the plaintiff($3,000,in addition to its recovery as a tell the Court that you don't agree with the settlement or some part of it.
class member),attorney's fees(in the amount of$64,500 or 30%of the You must explain why you think the Court should not approve the
Settlement Fund),plus reimbursement of reasonable costs of notice and settlement. To object,you must send a letter saying that you object to the
administration incurred. After these amounts are deducted,each Class settlement in Richard Wade Architects,P.C. v.Engineering services and
Member who submits a valid claim by OCTOBER $, 2012 will Products Company, 11 C 9251. Be sure to include your name, address
receive an equal share of the remaining funds. Your share of the and the telephone number for the facsimile machine on which you were
settlement fund depends on how many Class Members submit claim sent the fax advertisements,a statement of your objection,an explanation
forms. This notice is being sent to approximately 50,000 persons or of the reasons you object to the settlement and documentation,if any, to
entities. Therefore,if 10%of the Class Members submit a valid claim, support your objection by OCTOBER 5,2012, The Court will consider
you may expect to recover approximately S26.00. If 15% of the Class your views ifyou properly submit an objection on time.
Members submit a valid claim, you may expect to recover
approximately $17.00. If 20% of the Class Members submit a valid Objecting is simply telling the Court that you don't like something
claim,you may expect to recover approximately$13.00. The recovery about the Settlement, You can object ONLY if you stay irk the class, if
to the Class Members is estimated and is subject to change based on the you exclude yourself, you can't object. Any objections or appearances
costs of notice and administration. must be filed with the Court and reference 11 C 9251 and sent to Class
Counsel at the address provided in paragraph VIII and Defendant's
Defendant has sent its advertisements to some Class Counsel at the following address, Norman K. Beek, WINSTON &
Members with whom it has had an established business relationship or STRAWN LLP, 35 W. Wacker Drive, Chicago, IL 60601 (312) 558-
from whom it had obtained prior permission to receive fax 5700(FAX),www.wirtston.com.
communications. These persons are estimated to comprise at least 85%
and as many as 95%of the Class, VIII. WHO REPRESENTS THE CLASS?
The Court has appointed the following law firm to represent
IV. HOW DO I GET A PAYMENT? you and other members of the Settlement Class in this lawsuit:
If you are part of the class described above, complete and
submit the claim form to EDELMAN, COMBS, LATTURNER & EDELMAN,COMBS,LATTURNER&GOODWIN,LLC(26407)
GOODWIN, LLC (2640'7'), 120 S. LaSalle St-, 18'6 Floor, Chicago, 120 S.LaSalle St., 18'h Floor
IL 60603, class-settlement@edcombs.com or 866-834-3504 (FAX), Chicago,11, 60603
Claim forms must be faxed,entailed or postmarked by OCTOBER 5, (3 12)917-4504 866-834-3504 (FAX) www.edcombs.com
2012. class-settlement(i4cdcombs.com
A
This firm represents your interests in this lawsuit, You may Contact (including the proposed Settlement Agreement)that have been filed in 11
them with any questions that you have about the lawsuit or the C 9251,at the office of the Clerk of the Court,U.S.District Court for the
Settlement. You do not have to pay the fees of Class Counsel. You Northern District of Illinois,219 S,Dearborn St.,Chicago,IL 60604, If
may also hire your own attorney at your own cost.to appear on your you have questions about this notice or the proposed settlement,you may
behalf. Contact Settlement Class Counsel at the address and phone number listed
above DO NOT CONTACT THE COURT OR DEFENDANT FOR
IX CAN I GET MORE INFORMATION? INFORMATION.
This notice is intended only as a summary of the lawsuit and
proposed settlement. His not a complete statement of the lawsuit or the BY ORDER OF THE U S.DISTRICT COURT,N.D. Ill.
proposed settlement. You may inspect the pleadings and other papers
CLAIM FORM
RIC114RD JVtDP7,4RCHJTFCT9 'GINEERING VF_R1 7CES
R C v, FA
AND PRODUCTS C0j1fP4M,
(N.D. Ill. 11-C-9251)
TO RFCEn7E A PAYMENT UNDER THIS SETTLEMENT AGREEMENT, THIS
CLAIM FORM MUST BE FAXED, EMAILED OR POSTMARKED ON OR BEFORE
OCTOBER 5, 2012 TO THE FOLLOWING:
EDELMAN, COMBS,LATTURNER& GOODNVIN, LLC(26407)
120 S. LaSalle St., 18th Floor
Chicago, IL 60603
866-834-3504 (FAX)
class-settlementg,,edcombs.coat
Please print or type the following infonnation:
NAME OF PERSON OR ENTITY THAT SUBSCRIBED TO THE FAX LINE:
CURRENT MAILING ADDRESS OF SUBSCRIBER OF FAX LINE:
ADDRESS:
CITY/STATE-
ZIP CODE:
FAX NUMBER:
IT IS YOUR RESPONSIBILITY TO KEEP A CURRENT ADDRESS
ON FILE WITH THE CLASS ADMINISTRATOP,
406-582-2292
;114wV Farmers Union Mutual Insurance Company
POW EftHea
300.River Drive North
o x169 1`O RCI L POLI1� '
-Zi6
Great Falls,l�T S9 03 9
.fur ico.net R. DECLARATION
uGkCy N ar a ter iicv t'(:god
_.._........__T'o:_. . .a,_,
CBi 0001261 04/04/12 04/04/13 12:01 AN MOUNTAIN STANDARD TIME x"00230
two �1aen d inset d ran i r t#d dre *" �� A
BIG ARMY INC BELGRADE INSURANCE AGENCY, INC
77 LAURA LOUISE LANE 201 W. ISON VE, SRITT3 2'00
BOZEMAN YET 59 °18 BELGRADE PST 59714-3906
PHONE; (406) 388°6774
INSURED IS: CORPORATION
BUSINESS DESCRIPTION: ARCHERY SHOP
PREMIUM FOR THE TERM OF THIS POLICY: $2,700
ADDITIONAL/RETURN PREMIUM:
LIMIT OF LIABILITY: $4, 000, 000 ANY ONE OCCURRENCE OR OFFENSE
SELF—INSURED RETENTION: $10,000
SCHEDULE OFT ERLYING INS URANCE AND LI ITS OF LIABILITY
UNDERLYING INSURANCE POLICY / LIMITS
COMPANY NA14E POLICY PERIOD
GENERAL LIABILITY
FARMERS UNION MUTUAL INSURANCE COMPANY
BP00004736
04/04/12 - 04/04/13
GENERAL AGGREGATE $2, 000,000
PRODUCTS/COMPLETED OPERATIONS AGGREGATE $2, 000,000
PERSONAL AND ADVERTISING INJURY $1, 000,000
EACH OCCURRENCE $1, 000, 000
1 Farmers Union t ire ce o ���''
300 River Drive North
/ p,O.Box 2�u59 B�7S7C �; �'f�T�IC
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Great Falls,MT 59403-2169 DECLARATION RENWAL
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$BLGRADE IRS17RMCE AaMICYw INC,
BTC Ste” aamy INC 201 W. MADISON AVJK. suITH, 200
77 LAURA LOUSE LANE BEWpADS 14T 59714-3906
may' 5!97'15
(406) 388.6774
FORM OF BUSINESS: CORPORATION
N RETURN FOR THE PAYMENT OF THE PR
E�+!lIUMr EAS STATED INETHIS�PO�ICY
THIS POLICY, WE AGREE TO PROVIDE YOU THE INSURANCE
TLsC?C �$D BLDG #SEA.T�I)R.ESS
BUSINESS DESCRIPTION; ARCHERY SHOP
77 LAURA LOUSE LANE
BOZEMAN MT 59718
$5030
POLICY DEDUCTIBLE: $5000
SPECIAL WINDSTORM'! AND/OR HAIL DEDUCTIBLE: $SDDd
APPLICABLE TO BUILDINGS DEDUCTIBLE COVERAGE EXTENSIONS,/ OPTIONAL COVERAGE
/ GLASS
PROPERTY `
LIMITS LIMIT'S
COVERAGES LOC. I BLDG. 1
200,000
BUSINESS PERSONAL PROPERTY $200,000
BUSINESS INCOME / EXTRA EXPEI�TSCOVERAGE EXTENSIONS INCLUDED
PERSONAL PROPERTY OFF PREMISES $10, 000 ON PREMISES��000
VALUABLE PAPERS RECORDS $1,000 OFF PREMISE'S
ON PREMISES
IE000
ACCOUNTS RECEIVABLE $1,000 OFF PREMISES
* OPTIONAL COVERAGES INCLUDED
MONEY AND SECURITIES NOT COVRD NOT COVRD
EMPLOYEE DISHONESTY
NOT COVRD
01 A
.�CCO CE T"IN 4TE OF LIABILITY INISURk,_ SCE 9%8/20
THIS CERTIFICATE IB ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
SELOK THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATNE OR PRODUCER,AND THE CERTIFICATE HOLDER
IMPORTANT: If the certificate holder Is on ADDITIONAL INSURED,the poilcy(las)must be endorsed. N SUBROGATION IS WANED,subject to
the terms and conditions of the policy,certain Policies may require an endorsement. A Statement on this Certificate does not Confer rights to the
cartlitcate holder In Ihru of such anderssment(s).
PRODUCER /
BLLGRADIE INS�CE AGENCY P o F r 0406)388-6774 A,C,,,)(406)388-6794
201 W Madison Ave Ste 200 rCMLSS arkerr?bel radclinsauraTtcea eat .com
Belgrade, KT 59714 INIUUr MI A"Oft w COWOAU
INSURER Farmers Union Mutual. Ina Co 28436
INSURED
INSURER a
Big Sky Archery Inc INSURER C:
77 Laura Louise Lame INSURER
Boxeman, HT 59718 INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONSAHD CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIDCLAIMS:
LTII TYPE of INSURANCE. POLICY NUMBER MALDDIYYYY LIMITS..
GENERAL. LABILITY EACH OCCURRENCE z 1,000,000
COMMERCIAL GENERAL LIABILITY
PREMISES 4E4 ono) 1 5 000
CLAIMS nADE �,OCCUR MVEO EXP(Airy one ae ) S 5 O 0 O
X BP�00004736 04/04/12 04/04/13 PERBow&ADVINILIRY It 1,000,000
A GENERAL AGGREGATE 1 2,000,000
MIL AC4.RF;a 1171 LIMJT APPLIES PER PRaoucn-compioP Arc 1 2,000 000
POLICY PRD Lac $
AUTOMOBILE LIABILITY En a�ddenr 1
ANYAUTO BODILY INJURY(Per Pte+) 4
SCHEDULE ALL OWYNED
AUTOS AUTOS D BODILY W"Y(Par WrAscrM) 1
NO"WNEO
HIRED AUTOS AUTOS Par oopowt 1
s
Lq PELLA LAB OCCUR hraCH OCCURRENCE 1 4,000 000
A Excus um CLA1MS-MADE CB00001261 04/04/22 04/04/
AGGREGATE 1
DED RETENTIONS 1
WORKERS COMPENSATION
AND EMPLOYER$LIABILITY WIN T Y aAf..
ANY
�t efA EL EACH ACCIDENT 1
yamy�r,, 4I" E L DISEASE-EA EWLOYE 1 K101 11
DESCRFPT R OF OPERATIONS ockm E L DISEASE-POLICY LWT S
DESCAWTION OF OPERATIONS r LOCATIONS I VEHICLES(ASath AiCORO IDn, R�n ale.d more n sago rmll
SP00004736: Certificate Holder in also an Additional Insured including its officers,
agents and employees per CGL 2010 06 11,
CERTIFICATE HOLDER (CANCELLATION
City of Bozeman SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
121 North Rouse Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Bozeman, Hr 59715 ACCORDANCE WITH THE POLICY PROVISIONS,
AUTHOR D �REPRESE
0 IT-
U1968-2010ACORDdfORPORATION. A1169his areserved.
ACORD26(2010f05) This ACORD name and logo are registered marks of ACORD
Jamie Saitta
From: bigskyarchery@aol.com
Sent: Monday, October 01, 2012 3:52 PM
To: Jamie Saitta
Subject: employees back ground checks
Jaimie,
All employees and instructors of Big Sky Archery have had a background check and also a drug test prior to hiring. All
employees get a mandatory background check every Six months after that. These include, Gabe Roffe,Terry Maninger,
Scott Grimm, Joey Grimes-Nelson, Josh Moore, Bryce Pick, Justin Berg, And Myself William Farris. This is done
for multiple programs that we administer for different entities,
Thank you
William Farris
Co Owner
Big Sky Archery
T