HomeMy WebLinkAbout15- Full Carpet Cleaning Bid DocumentCITY OF BOZEMAN, MONTANA
INVITATION TO BID
NOTICE IS HEREBY GIVEN that the City of Bozeman, Montana, is accepting sealed bids for
the: Carpet Cleaning, Static Guard Surface Material Application, and Furniture Cleaning
for multiple City Buildings.
Sealed bids will be received by the Bozeman City Clerk’s Office, Bozeman, Montana, at the office in City Hall, 121 N. Rouse Avenue, Bozeman, Montana, until 2:00 p.m. local time on
Tuesday, September 29th, 2015, at which time the bids will be publicly opened at the City Hall
before the City Clerk for Carpet Cleaning, Static Guard Surface Material Application, and Furniture Cleaning for multiple City Buildings.
Buildings for this project include: Bozeman City Hall, Alfred M. Stiff Professional Building,
Bozeman Senior Social Ctr., Bozeman Public Library, Fire Station #3, Vehicle Maintenance
Facility, and Story Mansion. Other City Buildings may come up at the request of other
Departments.
Please write the name of the project on the front of the sealed bid.
The physical address is:
City Clerk’s Office, Suite 202, (upstairs) City Hall, 121 N. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk’s Office, Suite 202, City Hall, P.O. Box 1230, Bozeman, Montana, 59771.
Bids must be received before 2:00 p.m. Tuesday, September 29th, 2015. Original copies must be submitted – no faxed or electronic bids will be accepted. Bids will be opened and read following the close of bids.
Full and detailed specifications may be obtained at the office of the City Clerk, City Hall, 121 N.
Rouse Avenue, Bozeman, Montana 59715, telephone number (406) 582-2320, by email at agenda@bozeman.net or by visiting the City website at www.bozeman.net under the “Business”
tab and the RFP/BID drop down menu.
Any submitting entity under this invitation to bid must sign and return the required affirmation
stating that they will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or
disability in the exercise of contract should it be awarded to that entity. Each entity submitting
under this notice shall also recognize in writing the eventual contract will contain a provision
prohibiting discrimination as described above and this prohibition on discrimination shall apply
to the hiring and treatment of the Contractor’s employees and to all subcontracts.
No bid may be withdrawn after the scheduled time for the public opening of bids, which is 2:00
p.m. local time, September 29th, 2015.
The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed Sixty (60) days, and to accept the bid which is in the best interests of the Owner.
The City of Bozeman is required to be an Equal Opportunity Employer
DATED at Bozeman, Montana, this 10th day of September, 2015
Stacy Ulmen, CMC City Clerk
Legal Ad
Published Bozeman, Montana September 13, 2015
September 20, 2015
DETAILED SPECIFICATIONS
Carpet Cleaning, Static Guard Surface Material Application, and Furniture Cleaning for multiple City Buildings. Carpets will be scheduled for cleaning at various times of the year for both high traffic areas,
individual building offices, and a carpeted stairway at the Bozeman Public Library and Senior
Center. Service Providers will need to provide multiple floor fans for carpets that are cleaned
with liquid or steam to fully dry the rugs out so no mold or mildew grows up on the carpets. Most of the requests for the time of carpet cleaning will be evenings, weekends, and some
holidays in order to reduce the disruption on the staff and public and to allow time for the carpet
to be dried fully after cleaning. Based on past cleaning practices, each building will have areas
cleaned around 3 times per year. A copy of the Contract for the proposed work is included with the Bid for your information. The
selected bidder will sign the contract and it will be submitted to the City Commission for their
approval of the project. Administration will then sign the Contract and a formal copy will be
returned to the Contractor for their records. Potential bidders may contact the facilities office to set up at time to walk through the city
facilities referenced in this bid request or to answer any questions you might have on the details
of the project.
As required by the Instructions to Bidders, any entity submitting a bid under this invitation must be willing to sign and return the required Professional Services Agreement Contract included
with this Bid Request as well as the Non-Discrimination Affirmation Form. Details of the
Contract include a number of items such as employee treatment, payment requirements, and
proof of insurance form. Based on the bid amounts and estimates of costs for the year, the selected service provider will
be directed to post a performance bond for a quarterly amount prior to the commencement of
work, and keep it in place for the full year.
The City reserves the right to reject any or all bids received, to waive informalities, to postpone the award for a period of not to exceed Thirty (30) days, and to accept the bid which is in the best
interests of the City.
BID FORM
Service Providers Name: _______________________________________
Contact Information: Phone: ________________________
E-Mail: __________________________________________
Address: __________________________________________________
Proposed Cost Per Sq. Ft. For High Traffic Areas: $_____________
Proposed Cost Per Sq. Ft, For Office Areas: $_________________
Proposed Area Cost for Stairway Carpet: $____________________
Proposed Cost Per Sq. Ft, For Static Guard Material: $__________
Additional Comments or Questions:
NON-DISCRIMINATION AFFIRMATION FORM
_________________________ [name of entity submitting] hereby affirms it will not discriminate on the
basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or
perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this
prohibition shall apply to the hiring and treatment of the _________________________ [name of
entity submitting] employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Signature of Bidder: ______________________________ Person authorized to sign on behalf of the bidder
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this______day of _____________, 2015,
by and between the CITY OF BOZEMAN, MONTANA, a municipal corporation organized
and existing under the laws of the State of Montana, 121 North Rouse Ave., Bozeman, Montana
59771, hereinafter referred to as “City,” and, List Company Name and Address (
), hereinafter referred to as “Service Provider.”
In consideration of the mutual covenants and agreements herein contained, the receipt
and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Service Provider to perform
for City services described in the Bid Request for annual Carpet Cleaning, Static Guard
Treatment, and Furniture Cleaning.
2. Term/Effective Date: This Agreement is effective upon the date of its execution
and will terminate on the 30th day of June, 2016. The yearly contract may be extended for
another 3 years, approved annually after negotiation and approved by both parties.
3. Scope of Work: Contractor will perform the work and provide the services in
accordance with the details outlined in the Proposals that were in response to the bid request. It
does state that the work will often be done in the evening, weekends, and some holidays in order
to not impact staff and the public and to fully dry the carpets after cleaning. Multiple buildings
are listed in the Bid Request and each of the buildings may be cleaned around three times per
year. Work will include initial vacuuming and post cleaning vacuuming to clear excess water.
Steam cleaning is preferred for most carpet. Depending on the volume of work the Service
Based on the bid amounts and estimates of costs for the year, the selected service provider will
be directed to post a performance bond for a quarterly amount prior to the commencement of
work, and keep it in place for the full year. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
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4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services for each location where services are provided. Any alteration or deviation from the
described services that involves additional costs above the Agreement amount will be performed
by Contractor after written request by the City, and will become an additional charge over and
above the amount listed in the Scope of Services. The City must agree in writing upon any
additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement,
the Scope of Services, and with all local conditions and federal, state and local laws, ordinances,
rules, and regulations that in any manner may affect cost, progress or performance of the Scope
of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform said services in a
professional, competent and timely manner and with diligence and skill; that it has the power to
enter into and perform this Agreement and grant the rights granted in it; and that its performance
of this Agreement shall not infringe upon or violate the rights of any third party, whether rights
of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature
whatsoever, or violate any federal, state and municipal laws. The City will not determine or
exercise control as to general procedures or formats necessary to have these services meet this
warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be
considered an employee of the City for any purpose. Contractor is not subject to the terms and
provisions of the City’s personnel policies handbook and may not be considered a City employee
for workers’ compensation or any other purpose. Contractor is not authorized to represent the
City or otherwise bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, 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.
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Contractor shall indemnify, defend, 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.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify,
and hold harmless the City, its agents, representatives, employees, and officers (collectively
referred to for purposes of this Section as the City) from and against any and all claims,
demands, actions, fees and costs (including attorney’s fees and the costs and fees of 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; or (iii) the negligent, reckless, or intentional misconduct of any
other third party.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses,
and expenses, including reasonable defense attorney fees, to the extent caused by the negligence
or willful misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this
Section must not be construed to negate, abridge, or reduce any common-law or statutory rights
of the indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any
right to contribution from any insurance maintained by City.
Should any indemnitee described herein 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 indemnitee shall be entitled to
recover reasonable costs and attorney fees incurred in asserting its right to indemnification or
defense but only if a court of competent jurisdiction determines the Contractor was obligated to
defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s)
thereof.
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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.
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.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this
Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the City 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; $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.
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 sixty (60) 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.
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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 and the Contractor’s right to proceed with all or any part of the work
(“Termination Notice Due to Contractor’s Fault”). The City may then take over the work
and complete it, either with its own resources or by re-letting the contract to any other
third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost
business opportunity, lost productivity, field office overhead, general conditions costs, or
lost profits damages of any nature arising, or claimed to have arisen, as a result of the
termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the
City, make it advisable to the City to cease work on the services provided, City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for
City’s Convenience”). The termination shall be effective in the manner specified in the
Notice of Termination for City’s Convenience and shall be without prejudice to any
claims that the City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall discontinue services and shall do
only such work as may be necessary to preserve, protect, and maintain work already
completed, in progress.
c. In the event of a termination pursuant to this Section 13, Contractor is
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entitled to payment only for those services Contractor actually rendered and materials
actually purchased or which Contractor has made obligations to purchase on or before the
receipt of the Notice of Termination for City’s Convenience, and reasonably incurred
costs. It is agreed that any materials that City is obligated to purchase for the Contractor
will remain the City’s sole property.
d. The compensation described in Section 13(c) is the sole compensation due
to Contractor for its performance of this Agreement. Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost
business opportunity, lost productivity, field office overhead, general conditions costs, or
lost profits damages of any nature arising, or claimed to have arisen, as a result of the
termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby
expressly waives any right to claim or recover consequential, special, punitive, lost
business opportunity, lost productivity, field office overhead, general conditions costs, or
lost profits damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within ten (10) 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 James Goehrung (Facilities Superintendant) 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 James Goehrung as the City’s Representative and
approvals or authorizations shall be issued only by such Representative; provided,
however, that in exigent circumstances when City’s Representative is not available,
Contractor may direct its communication or submission to other designated City
personnel or agents as listed above and may receive approvals or authorization from such
persons.
b. Contractor’s Representative: The Contractor’s Representative for the
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purpose of this Agreement shall be ___________ or such other individual as Contractor
shall designate in writing. Whenever direction to or communication with Contractor is
required by this Agreement, such direction or communication shall be directed to
Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or
communication to other designated Contractor personnel or agents.
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.
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, the Americans with Disabilities Act, and
all non-discrimination, affirmative action, and utilization of minority and small business statutes
and regulations.
14. Nondiscrimination: 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. The Contractor shall require these
nondiscrimination terms of its sub-Contractors providing services under this agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol
or illegal drugs, by any employee or agent engaged in services to the City under this Agreement.
Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations
under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol
misuse prevention plans and related testing. City shall have the right to request proof of such
compliance and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
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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 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 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 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:
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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 and the parties expressly agree that venue will be in
Gallatin County, Montana, and no other venue.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
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
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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. Extensions: this Agreement may, upon mutual agreement, be extended for a
period of one year by written agreement of the Parties. In no case, however, may this Agreement
run longer than June 30, 2018.
**** 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________________________________
Chris Kukulski, City Manager
Print Name:_________________________
Print Title: _________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney