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REQUEST FOR QUALIFICATIONS (RFQ)
ART CONSULTANT – 1% FOR ART PROGRAM
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
December 2022
Page 2 of 23
NOTICE IS HEREBY given that the City of Bozeman (City) is seeking qualifications from firms to provide art
consulting services to support the City’s 1% for Art program.
Copies of the Request for Qualifications are available on the City’s website at
https://www.bozeman.net/government/city-clerk/bids-rfps-rfqs.
All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an
email attachment to the RFP Recipient email address below. Respondents are advised that Recipient’s
email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject
line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File
sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement of
the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed,
and that the Recipient is separately notified via email of same, prior to the given deadline.
Deliver RFPs via email to the City Clerk by January 20, 2023 at 2:00 PM MST. It is the sole responsibility of
the proposing party to ensure that proposals are received prior to the closing time as late submittals will
not be accepted and will be returned unopened.
The email address for submission is: agenda@bozeman.net
NON-DISCRIMINATION AND EQUAL PAY
The City of Bozeman is an Equal Opportunity Employer.
Discrimination in the performance of any agreement awarded under this RFQ on the basis of race, color,
religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender
identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded
entity’s employees and to all subcontracts.
As such, each entity submitting under this notice shall include a provision wherein the submitting entity,
or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age,
marital status, national origin, or because of actual or perceived sexual orientation, gender identity or
disability and which also recognizes the eventual contract will contain a provision prohibiting
discrimination as described above and that this prohibition on discrimination shall apply to the hiring and
treatment of the submitting entity’s employees and to all subcontracts.
In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ
and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the
Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of
Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has
read the material.
Failure to comply with the above may be cause for the City to deem the submittal non-responsive.
Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk
(406) 582-2321, agenda@bozeman.net.
Questions relating to the RFQ should be directed to: Max Ziegler, Facilities Project Coordinator, (406) 582-
2439, wziegler@bozeman.net.
DATED at Bozeman, Montana, this December 11, 2022.
Mike Maas
City Clerk
City of Bozeman
For publication on:
Sunday, December 11, 2022
Sunday, January 20, 2023
I. INTRODUCTION
The City of Bozeman (Owner), is seeking qualifications from firms to provide art consulting services to
support the City of Bozeman’s newly enacted 1% for Art program.
The Owner intends to enter into a contract with the selected firm that will include providing art consulting
and advising services related to the execution of the City of Bozeman’s 1% for Art program. Services to be
provided include solicitation and procurement of public art, coordinating with project architects and
managers to integrate public art into the design phases of construction projects, evaluating art proposals,
and providing policy recommendations for the administration of the 1% for Art program.
This RFQ shall not commit the Owner to enter into an agreement, to pay any expenses incurred in
preparation of any response to this request, or to procure or contract for any supplies, goods or services.
The Owner reserves the right to accept or reject all responses received as a result of this RFQ if it is in the
Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal proceedings
shall be in the 18th Judicial District Court, Gallatin County. By offering to perform services under this RFQ,
all Submitters agree to be bound by the laws of the State of Montana and of the Owner, including, but not
limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity
employment practices, safety, non-discrimination, etc.
II. SCOPE OF PROJECT - PROJECT BACKGROUND AND DESCRIPTION
Introduction
The City of Bozeman established a municipal Percent for Art Program in December 2020 through the
adoption of Ordinance No. 2056. The program seeks to include public works of art into city-funded
capital improvement projects by allocating 1% of construction costs towards the purchase of public art.
The goals of the City of Bozeman Percent for Art Program are:
A. Develop a public art program that is unique to Bozeman.
B. Increase the understanding and enjoyment of public art by Bozeman residents.
C. Invite public participation in the interaction with public spaces.
D. Provide challenging employment opportunities for artists.
E. Encourage collaborations between artists and architects and engineers.
F. Support artist participation on design teams for planning public projects.
G. Encourage a variety of art forms: temporary and permanent, object and event, single or
dispersed locations.
H. Spread commissions among a wide number of artists and strive for overall diversity in style, scale
and intent.
The first City capital improvement project that this program will apply to is the currently ongoing
renovation of the Bozeman Public Library and will be followed by the construction of the new Fire Station
No. 2, which is currently in the design phase. It is expected that there will be several additional projects in
the coming fiscal years which will be subject to the Percent for Art program.
The City seeks to enter a multi-year term contract with the selected Art Consultant in order to provide
continuity in program execution across several projects.
III. SCOPE OF SERVICES
A. Project Coordination
o Meet with City Staff / Project Team, Architects and Contractors to integrate public art into
the preliminary design of the construction project.
o Advise on possible ways to incorporate public art, including possible locations, formats,
themes, and example of types of art within each project’s Percent for Art budget.
o Develop budget breakdown for the art procurement, from design through installation of
the art.
B. Artist Recruitment
o Create and administer RFPs / Call for Artists in accordance with the City of Bozeman’s
purchasing policy, Percent for Art Ordinance, and design decisions made in the project
coordination phase.
o Employ outreach strategies to ensure diversity, equity and inclusion in the selection
process.
o Conduct site visits for artists if necessary
C. Artist Selection
o Design, communicate, document, and lead the process of artist selection in accordance
with the City of Bozeman Purchasing Policy.
o Pepare a shortlist of artists and works of art for presentation to the Project Team and/or
City Management and lead the final selection process.
o Notify artists of selection outcome and develop a contract with the selected artist.
D. Art Creation and Installation
o Manage all aspects of art design, approval, fabrication and installation in coordination
with the Project Team and artists.
o Create documentation for the installed artwork(s), including artist background
information, details of the artwork such as concepts, themes and materials.
o Develop signage for installed art.
IV. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
As the initial submittal to the Owners, RFQs MUST BE DELIVERED NO LATER THAN 2:00 PM,
MOUNTAIN TIME, January 20, 2023, in PDF format by email addressed to:
Art Consultant – 1% for Art Program
Bozeman City Clerk
The email address for submission is: agenda@bozeman.net
RESPONSES THAT ARE UNSIGNED OR SUBMITTED BEYOND THE DEADLINE SHALL NOT BE
CONSIDERED AND SHALL BE REJECTED.
A. Contact Information
ALL QUESTIONS AND CONTACTS REGARDING THIS RFQ MUST BE SUBMITTED IN WRITING TO:
Max Ziegler
Facilities Project Coordinator
(406) 582-2250
wziegler@bozeman.net
Amendments to Solicitation
Any interpretation or correction of this request will be published on the City’s webpage. The deadline for
questions related to this document is 12:00 PM MST on Monday, January 16, 2023.
B. Selection Timeline
Advertising dates: December 11, 2022 and January 8, 2023
Receipt of RFQs: No later than 2:00 p.m. MST January 20, 2023
RFQ Review Complete by Committee: January 27, 2023
Interviews: February 3, 2023
Selection: February 10, 2023
With the exception of the advertising dates and advertised due date, the City reserves the right to
modify the above timeline.
V. SELECTION PROCEDURE
A. STATEMENT OF QUALIFICATIONS
Respondents must comply with the mandatory requirements provided in this solicitation.
The selection process shall be conducted pursuant to all applicable Montana law including
those criteria set forth in §18-8-204, MCA and applicable City policy.
1. Evaluation of RFQs. The selection committee shall consist of no less than
three persons representing the City. The selection committee will review
conforming RFQ responses using the criteria listed above. RFQ responses that do
not contain the required documentation will be deemed nonresponsive to this
solicitation and may be rejected.
2. Revisions. Responses will be accorded fair and equal treatment with
respect to opportunity for discussion and revision of responses, and such revisions
may be permitted, after submissions and prior to award for the purpose of
obtaining best and final responses.
3. Evaluation & Elimination. After evaluating all conforming responses based
on the criteria herein the selection committee may eliminate one or more or all
Respondents from further review if they do not meet the qualification criteria
specified herein. Any Respondents eliminated by the selection committee, at any
time, or for any reason, shall have no opportunity to make revisions or participate
further in the selection process.
4. Interviews. After reviewing conforming RFQ responses, the selection
committee may decide to schedule interviews with qualified respondents.
Interviews will be held on February 3, 2023 at the Professional Building, 20 East
Olive Street, Bozeman MT 59715. Each firm selected for interview will be notified
of the specific time for their interview. The format of the interview will be left up
to the proposing firm; however, interviews will be [45] minutes inclusive of
questions from the selection committee, with 15 minutes between interviews for
transitions and set up between Respondents.
5. Selection and Final Recommendation. The selection committee will tally
the scores for the RFQ. At that time contract negotiations will take place between
the City and successful Respondent. The City may negotiate a contract with the
next highest ranked Respondent if a contract cannot be made.
B. RFQ – FORM AND CONTENTS
Deliver one (1) original digital copy (via email in PDF format), prepared as follows:
i. General Instructions:
a. RFQ responses must be signed by an officer or principal of your firm.
b. RFQ responses must be contained in a single searchable PDF document not to
exceed 20 pages total including whatever pictures, charts, graphs, tables, and
text the firm deems appropriate to be part of the review of the firm's
qualifications. A separate transmittal letter, cover page, cover sheets, and
dividers are exempted from the page limit.
c. Schedules may be submitted in addition to the page limit.
ii. Firm Information:
a. Experience. Respondent must demonstrate successful experience and capacity
to act as a contractor on projects of similar size, type and complexity. Provide
the name and location of each project, the client, and the contact person and
phone number. Describe experience and qualifications of the professional
personnel to be assigned to this project. Describe your recent and current work
for the City of Bozeman, if any.
b. Firm Background. Provide information about the firm, including location.
Describe the firm’s history. Include information identifying the firm’s annual
volume of business, financial/bonding capacities, and speak to the firm’s
stability in the marketplace. Information identifying the firm’s strengths and
weaknesses along with special capabilities that may be appropriate to the
Project will assist in the evaluation.
c. Firm Workload. Provide the status of current and anticipated work within the
firm in terms of time and magnitude for the anticipated Project schedule as it
relates to availability of key personnel and your firm. Describe the firm’s
capability to meet time and project budget requirements.
d. Claims. At any time in the last ten (10) years has your firm been assessed and
paid liquidated damages after completion of a project under a contract with a
public owner?
e. References. Provide detailed contact information for the Owner for at least five
(5) project undertaken by your firm within the past five years.
C. EVALUATION CRITERIA
Qualifications will be evaluated by the Selection Committee who will individually score
them out of a total of 100 possible points based on the criteria below.The scoring criteria
and possible point values are:
1. Respondent’s experience with projects of similar size and design:
Possible Points: 45
2. Firm’s Qualifications:
Possible Points: 20
3. Capabilities to meet time schedule and project budget requirements.
Possible Points: 15
4. Present and projected workloads:
Possible Points: 5
5. Past projects/experience working with the City of Bozeman:
Possible Points: 5
6. Office(s) location:
Possible Points: 10
VI. FORM OF AGREEMENT
The contractor will be required to enter into a contract with the City in substantially the same for as
the professional services agreement attached as Attachment B.
VII. CITY RESERVATION OF RIGHTS
All proposals submitted in response to this RFQ become the property of the City and public records
and, as such, may be subject to public review.
A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON ANY
RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE CITY
RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR
QUALIFICATIONS AT A LATER DATE.
A. This RFQ may be canceled or any or all responses may be rejected in whole or in part, as
specified herein, when it is in the best interests of the City. If the City cancels or revises
this RFQ, all Respondents who submitted will be notified using email.
B. The City reserves the right to accept or reject any and all submissions; to add or delete
items and/or quantities; to amend the RFQ; to waive any minor irregularities,
informalities, or failure to conform to the RFQ; to extend the deadline for submitting
proposals; to postpone award for up to 60 days; to award one or more contracts, by item
or task, or groups of items or tasks, if so provided in the RFQ and if multiple awards are
determined by the City to be in the public interest.
C. The City reserves the right to reject the submission of any person/firm who previously
failed to perform properly to the satisfaction of the City, or complete on time agreements
of similar nature, or to reject the submission of any person/firm who is not in a position
to perform such an agreement satisfactorily as determined by the City.
D. The City reserves the right to determine the best qualified Respondents and negotiate
a final scope of service and cost, negotiate a contract with another Respondents if an
agreement cannot be reached with the first selected Respondents, or reject all
proposals.
E. The successful Respondents will be required to enter into a contract with the City,
which will incorporate the Respondents' scope of service and work schedule as part of
the agreement.
F. This RFQ does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by Respondents in responding to this request for
qualifications or request for interviews, additional data, or other information with
respect to the selection process, prior to the issuance of an agreement, contract or
purchase order. The Respondents, by submitting a response to this RFQ, waives all
right to protest or seek any legal remedies whatsoever regarding any aspect of this
RFQ.
G. This project is subject to the availability of funds.
VIII. NONDISCRIMINATION AND EQUAL PAY POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate form
provided, that 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, sexual preference, gender
identity, or disability in fulfillment of a contract entered into for the services identified herein and that
this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s
employees and to all subcontracts it enters into in the fulfillment of the services identified herein.
Failure to comply with this requirement shall be cause for the submittal to be deemed nonresponsive.
The City also requires each entity submitting under this notice shall affirm it will abide by the Equal Pay
Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of
Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has
read the material.
IX. MISCELLANEOUS
A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent of
the City shall affect or modify any term of this solicitation. Oral communications or any
written/email communication between any person and City officer, employee or agent shall not be
considered binding.
B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent
agreement, or any other contract entered into as a result of this solicitation, shall constitute, create,
give rise to or otherwise be recognized as a partnership or formal business organization of any kind
between or among the respondent and the City.
C. Employment Restriction and Indemnity. No person who is an owner, officer, employee,
contractor, or consultant of a respondent shall be an officer or employee of the City. No rights
of the City’s retirement or personnel rules accrue to a respondent, its officers, employees,
contractors, or consultants. Respondents shall have the responsibility of all salaries, wages,
bonuses, retirement, withholdings, worker’s compensation and occupational disease
compensation, insurance, unemployment compensation other benefits and taxes and
premiums appurtenant thereto concerning its officers, employees, contractors, and consultants.
Each Respondent shall save and hold the City harmless with respect to any and all claims for
payment, compensation, salary, wages, bonuses, retirement, withholdings, worker’s
compensation and occupational disease compensation, insurance, unemployment
compensation other benefits and taxes and premiums in any way related to each respondent’s
officers, employees, contractors and consultants.
D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons with
sensory impairments. For further information please contact the ADA Coordinator Mike Gray at
406-582-3232 or the City’s TTY line at 406-582-2301.
E. Procurement. When discrepancies occur between words and figures in this solicitation, the
words shall govern. No responsibility shall attach to a City employee for the premature opening
of an SOQ not properly addressed and identified in accordance with these documents.
F. Governing Law. This solicitation and any disputes arising hereunder or under any future
agreement shall be governed and construed and enforced in accordance with the laws of the
State of Montana, without reference to principles of choice or conflicts of laws.
X. ATTACHMENTS
The following exhibits are incorporated in this RFQ:
Appendix A: Non-Discrimination Affirmation
Appendix B: Sample Form of Public Services Agreement Contract
Appendix C: Ordinance 2056 – Establishing Municipal Percent for Art Program
END OF RFQ
Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(name of entity submitting) hereby affirms it will not
discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or
because of actual or perceived sexual orientation, gender identity or disability and acknowledges and
understands the eventual contract will contain a provision prohibiting discrimination as described above
and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees
and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby affirms it will
abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has
visited the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has
read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
Attachment B
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective
Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street,
Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to
as “City,” and, ____________, _______________, hereinafter referred to as “Contractor.” The City and
Contractor may be referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency
whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services
described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire
on the _____ day of ______________, 2022, unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in accordance
with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of
Services, unless specifically provided otherwise, the Agreement governs. Contractor agrees to be bound
by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of
this Agreement. Such responses constitute material consideration for the City to enter into this Agreement
and the responses are material representations regarding the Contractor’s performance.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any
alteration or deviation from the described services that involves additional costs above the Agreement
amount will be performed by Contractor after written request by the City, and will become an additional
charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any
additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor
makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of
Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations
that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to perform
the services required by this Agreement; that it will perform the services in a professional, competent and
timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement
and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or
violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander
or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will
not determine or exercise control as to general procedures or formats necessary to have these services meet
this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an
independent contractor for purposes of this Agreement and is not to be considered an employee of the City
for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies
handbook and may not be considered a City employee for workers’ compensation or any other purpose.
Contractor is not authorized to represent the City or otherwise bind the City in any dealings between
Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title
39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39,
Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and
employees of Contractor’s business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’
compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance
in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for
independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid
weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal
place of business and shall be made no later than the first day of services provided under this Agreement.
Such posting shall be removed only upon expiration or termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined
by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in
their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non
Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated
herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements
set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the
penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this
Agreement and for a period of three (3) years following termination of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the services
under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the
applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any type arise
or materialize which in turn cause any services to cease for any period of time, Contractor specifically
agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to
alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be
left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related
legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue
at no additional cost to City.
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
and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to
the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the
City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section
as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees
and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability
where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected
therewith and without limit and without regard to the cause or causes thereof or the negligence of any party
or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or
arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct
of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to
indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct
of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of
indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed
to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would
otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to defense or
indemnification under this Agreement or under the Contractor’s applicable insurance policies required
below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right
to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was
obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s)
thereof.
In the event of an action filed against the City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way connected
with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for
willful injury to the person or property of another, or for violation of law, whether willful or negligent” as
per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to conduct
insurance business in Montana which insures the liabilities and obligations specifically assumed by the
Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically
assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses
that may be asserted or claimed against, recovered from, or suffered by the City without limit and without
regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an
accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional
or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability,
and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to
City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall
notify City within two (2) business days of Contractor’s receipt of notice that any required insurance
coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any
reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to
perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions
of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s
right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”).
The City may then take over the work and complete it, either with its own resources or by re-letting
the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled
to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages
of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City, make
it advisable to the City to cease performance under this Agreement, the City may terminate this
Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The
termination shall be effective in the manner specified in the Notice of Termination for City’s
Convenience and shall be without prejudice to any claims that the City may otherwise have against
Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise
directed in the Notice, the Contractor shall immediately cease performance under this Agreement
and make every reasonable effort to refrain from continuing work, incurring additional expenses or
costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms
satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect,
and maintain work already completed or immediately in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled to
payment only for those services Contractor actually rendered on or before the receipt of the Notice
of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be
entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any nature
arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s
damages shall be limited to contract damages and Contractor hereby expressly waives any right to
claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field
office overhead, general conditions costs, or lost profits damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or nature,
Contractor shall provide City with written notice of its claim, the facts and circumstances
surrounding and giving rise to the claim, and the total amount of damages sought by the claim,
within thirty (30) days of the facts and circumstances giving rise to the claim. In the event
Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this Agreement
shall be _________________ or such other individual as City shall designate in writing. Whenever
approval or authorization from or communication or submission to City is required by this
Agreement, such communication or submission shall be directed to the City’s Representative and
approvals or authorizations shall be issued only by such Representative; provided, however, that in
exigent circumstances when City’s Representative is not available, Contractor may direct its
communication or submission to other designated City personnel or agents as designated by the City
in writing and may receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the purpose of
this Agreement shall be _____________________ or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by this
Agreement, such direction or communication shall be directed to Contractor’s Representative;
provided, however, that in exigent circumstances when Contractor’s Representative is not available,
City may direct its direction or communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and shall
be provided to the Representatives named in this Section. Notices shall be deemed given when
delivered, if delivered by courier to Party’s address shown above during normal business hours of
the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the
email address or fax number provided by the Party’s Representative; or on the fifth business day
following mailing, if mailed by ordinary mail to the address shown above, postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances,
rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license,
and inspections from applicable governmental authorities, and pay all fees and charges in connection
therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal
laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws,
all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the
Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety
Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the
Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority
and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of
persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will
have a policy to provide equal employment opportunity in accordance with all applicable state and federal
anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person,
bar a person from employment, or discriminate against a person in compensation or in a term, condition, or
privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status,
national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except
when the reasonable demands of the position require an age, physical or mental disability, marital status or
sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964;
Section 140, Title 2, United States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been
found guilty of within 60 days of such finding for violations occurring during the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall
not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any
employee or agent engaged in services to the City under this Agreement while on City property or in the
performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall
comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT)
regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have
the right to request proof of such compliance and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees and
agents in proper and specified work methods and procedures. The Contractor shall provide continuous
inspection and supervision of the work performed. The Contractor is responsible for instructing its
employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or altered
except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign
Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior
written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions
of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide
documentation as requested by the City demonstrating Contractor’s compliance with the requirements of
this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to
inspect and copy its books and records for the purpose of verifying that the reimbursement of monies
distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all
applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases
or information for public dissemination without prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party’s right to enforce such term or
conditions or to pursue any available legal or equitable rights in the event of any subsequent default or
breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an
attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein,
then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs,
including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate
employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents, employees, or
representatives shall be resolved first by negotiation between senior-level personnel from each party
duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties
may invite an independent, disinterested mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the date
the dispute was first raised, then such dispute may only be resolved in a court of competent
jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not be
construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which
they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal
representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties,
does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third
party.
28. Counterparts: This Agreement may be executed in counterparts, which together constitute
one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof by
reference, are not binding upon the parties. There are no understandings between the parties other than as
set forth in this Agreement. All communications, either verbal or written, made prior to the date of this
Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by
reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter
18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one
year by written agreement of the Parties. In no case, however, may this Agreement run longer than -
__________________________.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
Attachment C
Page 1 of 11
ORDINANCE NO. 2056
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA ESTABLISHING A PERCENT FOR ART PROGRAM AND AMENDING
CHAPTER 2, ARTICLE 6 OF THE BOZEMAN MUNICIPAL CODE TO ADD DIVISION
11, PUBLIC ART.
WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to establish administrative programs designed to enhance and protect the public
welfare; and
WHEREAS, the City finds it promotes and protects the public welfare to enhance the
beauty of public areas of the City; and
WHEREAS, the City finds that such enhancement adds to the quality of life of the City’s
citizens, attracts tourism, and encourages businesses and other organizations to locate in the City,
adding to the City’s economic vitality.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That the Bozeman Municipal Code be amended by adding a new division 11, Public Art,
to Chapter 2, Administration, Article 6, Finance, as follows:
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DIVISION 11. – PUBLIC ART
2.06.1960. – Title and purpose.
This division shall be known as the “City of Bozeman Percent for Art Ordinance.” The
purpose of this division is to establish a Percent for Art Program for city-funded capital
improvement projects and to provide for the funding, selection, and maintenance of public art
and establish responsibilities relating to administering the Percent for Art Program. The purpose
of the Percent for Art Program is to include works of art within certain city capital improvement
projects equal to one percent (1%) of construction costs of the project.
2.06.1970. – Percent for Art Program established.
There is hereby established a Percent for Art Program. The city manager or their designee
shall be responsible to administer the Percent for Art Program as described in this division and in
2.05.1420. The City shall endeavor to develop a collection of public art of high quality,
encompassing a broad aesthetic range reflecting the city, in order to improve the quality of life in
the area, be accessible to all individuals, and be a source of pride to residents.
A. The Percent for Art Program shall apply to both new and remodeled city-owned public
spaces and structures.
B. The following categories of projects are exempt from the Percent for Art Program
requirements:
1. Water, stormwater, or wastewater facilities, except for office buildings.
2. Street construction and repair; public right of way improvements, such as curb,
sidewalk, trails, pedestrian pathways, and traffic control facilities; and landscaping.
C. The Percent for Art Program requires one percent (1%) of eligible construction costs of
city capital improvement projects over $500,000 to construct or remodel any public or city
building, structure, park or any portion thereof, to be allocated for public art. No less than
eighty percent (80%) of the one percent appropriation will be used for on-site artwork; up
to twenty percent (20%) of this one percent shall be held in a public art operations fund to
be used for program administration and maintenance of the art, as determined necessary by
the city manager to carry out the provisions of this division.
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D. The art may serve a function, express a theme, or commemorate an important person. It
may underscore or provide a counterpoint to the architecture and surrounding site. It may
serve as a landmark that adds definition to the city.
E. The city manager is authorized to adopt such additional processes and policies by
Administrative Order not inconsistent with this division 11 as they may deem necessary to
implement the Percent for Art Program in accordance with the objectives of this division.
2.06.1980. – Objectives.
The Percent for Art Program objectives include:
A. Develop a public art program that is unique to Bozeman.
B. Increase the understanding and enjoyment of public art by Bozeman residents.
C. Invite public participation in the interaction with public spaces.
D. Provide challenging employment opportunities for artists.
E. Encourage collaborations between artists and architects and engineers.
F. Support artist participation on design teams for planning public projects.
G. Encourage a variety of art forms: temporary and permanent, object and event, single or
dispersed locations.
H. Spread commissions among a wide number of artists and strive for overall diversity in
style, scale and intent.
2.06.1990. - Definitions.
A. “Architect” is the person or firm designing the project to which the one percent (1%)
funding applies. Where the architect is a firm, the term architect shall mean the principal
of that firm in charge of designing the project for which the one percent (1%) funding
applies.
B. “Artist” is a practitioner in the visual arts, generally recognized by critics and peers as a
professional of serious intent and recognized ability who produces artworks and is not a
member of the project architectural/design firm.
C. “Artwork” includes but is not limited to, paintings, murals, inscriptions, stained glass,
fiber work, statues, reliefs or other sculpture, monuments, arches, or other structures
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intended for ornament or commemoration. Also included are carvings, frescoes, mosaics,
mobiles, photographs, drawings, collages, prints, crafts, both decorative and utilitarian in
clay, fiber, wood, metal, glass, plastics and other materials. Landscape items include the
artistic placement of natural materials or other functional art objects. Artwork may be
portable as well as permanently sited.
D. “Capital Improvement Plan” (CIP) means the annual capital improvement plan adopted
for city-financed public improvement projects.
E. “Capital Improvement Project” means any public works project undertaken by the city to
construct or remodel any public or city building, structure, park or any portion thereof.
F. “Construction Cost” is the contracted sum for construction of the designated project
including any change orders included in the initial contract notice of award. Construction
costs do not include costs such as professional fees, cost of land, rights of way and
financing.
G. “Contractor” is any firm, individual, joint venture or team of firms or individuals with
which the city contracts for design, engineering, or construction services.
H. “Deaccessioning” is a procedure for the withdrawal of an artwork from the public
collection.
I. “Eligible Construction Cost” is that portion of the construction cost of any capital
improvement project paid for solely by the city to construct or remodel any building,
decorative or commemorative structure, parking facility, park, recreational facility, or any
portion thereof, located on city property, provided that the source of funds for such
project(s) is not restricted by law or regulation as to its use for artworks.
J. “Maintenance” is the periodic work on a facility or asset required to maintain its original
functionality.
K. “Remodel” is work required to substantially change or enhance the functionality of a
facility.
2.06.2000. – Procedure to select public art for eligible projects.
A. Upon adoption of the capital improvement plan the finance director will identify all
projects for which the Percent for Art Ordinance applies.
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B. All Percent for Art Program projects, whether they are permanent or temporary artworks,
will be developed to respond to a specific site or building location, with the exception of
artworks that are conceptually intended to circulate among various sites or facilities
within the project area.
C. The selection of artist(s) who will provide art integral to the project will be made as early
in the conceptual design stage as practical, so artist(s) will be able to work with the
contractor from the beginning of the project.
D. The city manager or their designee is responsible for identifying, investigating, and
selecting the artist(s) or artwork(s). For each project, the city manager or their designee
will develop a formal structure in which to select, develop and maintain public art as well
as further public accessibility to the arts in accordance with the objectives of the Percent
for Art Program. The city manager may choose to work in cooperation with an
independent contractor or nonprofit arts organization in the selection process.
E. The city manager or their designee shall work with city staff and/or the independent
contractor or nonprofit arts organization to analyze and discuss appropriate locations,
suitable art forms, artists’ prerequisites, and specifics of artist/artwork selection process.
F. A call for artists, request for proposals, or other form of advertisement as provided by the
city’s procurement policy will be prepared by city staff and/or the independent contractor
or nonprofit arts organization and advertised by the city clerk. The proposals will be
evaluated by the city manager or their designee. The city manager may form a selection
committee for this purpose. If the city manager has enlisted an independent contractor or
nonprofit arts organization to assist in the selection process, that contractor or
organization will evaluate the proposals and make a recommendation regarding the final
selection to the city manager. The city manager will make the final selection
determination.
G. In the response to the city’s request for proposals, artists must include information
relating to the proposed artwork’s lifecycle.
H. The city manager is responsible for providing staff and other resources to meet the city’s
obligations under this division. In the event of a disagreement as to whether an expense
is eligible pursuant to 2.06.2020, the city manager shall make the final determination.
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I. Contractors invited to submit a proposal for an applicable construction or renovation
project shall be advised of the requirements of this division. The contractor shall work
closely with the city manager or their designee on the designation of appropriate sites and
shall incorporate the artist’s or artwork’s special requirements within the construction
documents, including the time of delivery and installation of the artwork. The selected
artwork must be placed so that it is the public view.
J. Artists will be selected in accordance with the city’s procurement policy, on the basis of
their qualifications as demonstrated by past work, appropriateness of the proposal to the
particular project, and its probability of successful completion as determined by the
selection committee.
K. The city has the option of making no selection. If no proposal is accepted, the city has
the right to reopen the competition or to propose other methods of selection.
L. Upon the selection of an artwork, the artist shall enter into a contract with the city for the
artist’s services or for the purchase and installation of the artwork. This contract shall
require the artist to produce or deliver the artwork for a price guaranteed to be no greater
than the maximum contracted cost, and shall require the transfer of all rights in and to the
artwork to the city, including all intellectual property rights. The contract must be
reviewed by the city attorney.
M. Where the city manager determines that an expenditure for a specific artwork is
inappropriate, the city manager may approve the transfer of those funds to another
Percent for Art project.
2.06.2010. – Criteria for selection of artwork(s).
A. In making the final selection, the city shall be guided by the goals and purposes of this
ordinance and the criteria set forth in this document and any regulations promulgated to
fulfill the criteria.
B. Each proposed artwork will also be evaluated as to its artistic excellence, appropriateness
in terms of scale, material and content relative to the immediate and general architectural,
social and historic context; technical feasibility; and long term durability against
vandalism, weather, and theft. Consideration must be given to materials, construction,
durability, maintenance costs, public access and safety.
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2.06.2020. – Conflict of interest.
A. No artist sitting on a nonprofit arts organization’s board of directors may submit for
Percent for Art projects over which that organization has approval authority or
administrative responsibility during his/her tenure.
B. No staff member of a nonprofit arts organization or member of a staff member’s
household may submit for Percent for Art projects over which that organization has
approval authority or administrative responsibility.
C. No artist sitting on a selection committee may submit for the project for which the
committee was formed.
D. The selection process must comply with the Code of Ethics, article 3, division 4 of this
chapter.
2.06.2030. - Eligible expenses for the Percent for Art Program.
A. Appropriations for Percent for Art Program projects may be spent for:
1. The artwork itself, including but not limited to:
a. Artist’s design fees.
b. Additional labor and materials required for production and installation of the
artwork.
c. Artist’s operating costs.
d. Travel related to the project.
e. Transportation of the artwork to the site and installation.
f. Any required permitting fees.
2. Identification plaques and labels.
3. Frames, mats, mountings, anchorages, containments, pedestals, or materials necessary
for the installation, location or security of the artwork.
4. Photographs of completed artworks.
5. Communication and other indirect costs including insurance.
6. Expenses for special advisors or consultants.
7. Historical artifacts displaced by construction.
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8. Expenses related to the administration of carrying out the directives of this division,
including but not limited to:
a. Technology services and subscriptions (e.g., a web-service for promoting an art-
call).
b. Advertising, publicity, promotion, and invitation expenses.
c. Expenses related to public events related to artwork (e.g., rental of public address
equipment and catering expenses).
d. Due diligence expenses required for the responsible consideration of artwork
(e.g., engineering or environmental consultation).
e. Expenses related to augmenting artwork (e.g., addition of lighting, landscaping or
general enhancements to artwork), if such components are not included in the
artwork itself.
B. Appropriations for Percent for Art Program projects may not be spent for:
1. Reproduction, by mechanical or other means, of original artworks, except in cases of
film, video, photography, printmaking or other media arts.
2. Those elements generally considered to be components of a landscape architectural
design or landscape gardening.
3. “Art objects” which are mass produced of standard design, such as playground
sculptures.
4. Directional or other functional elements, such as supergraphics, signs, color coding,
maps, etc. except where a recognized artist is employed.
C. The city manager shall make the final determination of the eligibility of a particular
expense.
2.06.2040. – Public Art Management/Maintenance.
A. All artworks remain under the ownership of the city. Artworks will be insured for
property damage in accordance with the city’s policies for insuring city property.
B. The city will be responsible for the ongoing care and maintenance of all artworks
purchased or commissioned pursuant to this division.
C. The city manager or their designee shall inform the city attorney if an artwork is damaged
or stolen.
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D. Monies to maintain artworks shall come from the public art operations fund.
2.06.2050. – Deaccessioning.
Deaccessioning will be considered only after a careful and impartial evaluation of the artwork
within the context of the collection as a whole. At the beginning of the process, the city manager
or their designee will make a reasonable effort to notify any living artist whose work is being
considered for deaccessioning. The city manager may consider the deaccession of artwork for
one or more of the following reasons in the event that it cannot be re-sited:
A. The artwork has been damaged or has deteriorated and repair is impractical or unfeasible.
B. The artwork endangers public safety.
C. In the case of site-specific artwork, the artwork is destroyed by severely altering its
relationship to the site.
D. The artwork requires excessive maintenance or has faults of design or workmanship.
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full
force and effect.
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Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
This ordinance shall be codified as indicated in Section 1.
Section 6
Effective Date.
This ordinance shall be in full force and effect 30 days after final passage and approval.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 27th day of October, 2020.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
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FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 10th day of
November, 2020. The effective date of this ordinance is December 10, 2020.
________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
________________________________
GREG SULLIVAN
City Attorney
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