HomeMy WebLinkAbout06-18-18 City Commission Packet Materials - C7. PSA with Downtown Business Partnership for FY19 URD Management
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Anna Rosenberry, Assistant City Manager
SUBJECT: Professional Services Agreement between the City of Bozeman and the
Downtown Business Partnership for the Administration and Management of the Downtown Bozeman Urban Renewal District
MEETING DATE: June 18, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to sign the Professional Services
Agreement between the City of Bozeman and the Downtown Business Partnership for the Administration and Management of the Downtown Bozeman Urban Renewal District.
BACKGROUND: The Downtown Business Partnership (DBP) continues to play a key role in
helping to manage the important work described in the Downtown Urban Renewal Plan. The
attached agreement memorializes the administrative and management services that the DBP will
provide to the Downtown Urban Renewal District (URD) Board pursuant to the Tax Increment Finance District FY2019 Work Plan (outlined in the Scope of Services, Attachment “A”).
Under this agreement, the Urban Renewal District will pay a Downtown Partnership
Management Fee of $113,500 for the year out of Tax Increment Finance (TIF) District monies.
This management fee pays for a portion of the operating costs of the downtown office in addition
to most of the payroll costs of Chris Naumann, who serves as the Director of the URD.
UNRESOLVED ISSUES: None.
ALTERNATIVES: Do not contract for these services. Contract with a different entity for
these services.
FISCAL EFFECTS: Under this agreement, an annual management fee of $113,500 will be paid
from the Downtown Tax Increment Finance District Fund to the Downtown Business Partnership. This fee was included in the FY2019 District work-plan and budget, and is being
incorporated into the City’s Final Budget for adoption on June 25, 2018.
Attachments: Professional Services Agreement
Report compiled on: June 10, 2018
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
Professional Services Agreement
Regarding the Administration and Management of the
Downtown Bozeman Urban Renewal District
WHEREAS, the Downtown Urban Renewal District was created March 6, 1995 by Commission
Resolution No. 3046; and
WHEREAS, the Downtown Urban Renewal Plan was adopted on November 20, 1995 by Commission Ordinance No. 1409; and
WHEREAS, the life of the Tax Increment Financing District established under the Urban Renewal
Plan was extended on March 7, 2005 by Commission Ordinance No. 1628; and WHEREAS, the life of the Tax Increment Financing District established under the Urban Renewal
Plan was extended on December 17, 2007 until the year 2032 with the sale of Tax Increment Urban
Renewal Revenue Bonds by Commission Resolution No. 4073; and
WHEREAS, the adopted Urban Renewal Plan stipulated that an Urban Renewal Agency would be created and referred to as the Downtown Bozeman Improvement District Board (the “Board”) pursuant to
7-15-4232 MCA and 7-15-4234 MCA; and
7-15-4232. Authorization to assign urban renewal powers to municipal departments or to create urban renewal agency. When a municipality has made the finding prescribed in 7-15-4210 and has elected to have the urban renewal project powers
exercised as specified in 7-15-4233:
(1) such urban renewal project powers may be assigned to a department or other
officers of the municipality or to any existing public body corporate; . . . 7-15-4234. Urban renewal agency to be administered by appointed board of
commissioners. (1) If the urban renewal agency is authorized to transact business and
exercise powers under this part, the mayor, by and with the advice and consent of the local governing body, shall appoint a board of commissioners of the urban renewal agency consisting of five commissioners...
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
WHEREAS, the Downtown Board as the designated Urban Renewal Agency is authorized to employ the necessary staff to implement the Urban Renewal Plan pursuant to 7-15-4238 MCA; 7-15-4238. Employment of necessary staff. The urban renewal agency or department or
officers exercising urban renewal project powers shall be supplied with the necessary
technical experts and such other agents and employees, permanent and temporary, as are required. WHEREAS, the Board bylaws state “Should a private organization be responsible for program
administration, such arrangements shall be made by contract with the City of Bozeman.”;
NOW, THEREFORE, the Downtown Bozeman Partnership and City of Bozeman enter into this Professional Services Agreement defining the administration and management of the Downtown
Bozeman Urban Renewal District.
THIS AGREEMENT is made and entered into this _____ day of _______________, 2018, 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 the
Downtown Bozeman Partnership, LLC, a limited liability company, with a physical and mailing address of
222 East Main Street #302, Bozeman, MT, 59715, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services
described in the Scope of Services attached hereto as Attachment “A” and by this reference made a part
hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution and will
terminate on the 30th day of June, 2019.
3. Scope of Work: Contractor will provide administrative and management services to the
Board pursuant to the TIF FY2019 Work Plan outlined in the Scope of Services, Attachment “A”. For
conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the
Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services,
Attachment “A” as the “Downtown Partnership Management Fee”. 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.
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
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.
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.
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.
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
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 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; 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 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.
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,
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
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;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Automobile Liability - $1,000,000 combined single limit.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents,
and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on
both the Commercial General and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a 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.
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.
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
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 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 13, 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 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
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
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 Anna Rosenberry (Assistant City Manager) 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 Anna
Rosenberry 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 purpose of
this Agreement shall be Chris Naumann, Executive Director, 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,
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.
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
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 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 his
employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or altered
except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign
Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior
written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of
this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide
documentation as requested by the City demonstrating Contractor’s compliance with the requirements of
this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to
inspect and copy its books and records for the purpose of verifying that the reimbursement of monies
distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all
applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases
or information for public dissemination without prior approval of the City.
18. Non-Waiver: A waiver by either party any default or breach by the other party of any terms
or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or
to pursue any available legal or equitable rights in the event of any subsequent default or breach.
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of this
Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any
notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate
employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents, employees, or
representatives shall be resolved first by negotiation between senior-level personnel from each party
duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties
may invite an independent, disinterested mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the date
the dispute was first raised, then such dispute may only be resolved in a court of competent
jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not be
construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which
they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal
representatives, successors, and assigns of the parties.
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
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof by
reference, are not binding upon the parties. There are no understandings between the parties other than as
set forth in this Agreement. All communications, either verbal or written, made prior to the date of this
Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by
reference.
30. Extensions: this Agreement may, upon mutual agreement, be extended for periods of one
year by written agreement of the Parties.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first
above written.
CITY OF BOZEMAN, MONTANA DOWNTOWN BUSINESS PARTNERSHIP, LLC
CONTRACTOR
By________________________________ By__________________________________
Andrea Surratt, City Manager Chris Naumann, Executive Director
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
Scope of Services: Attachment “A” Downtown Urban Renewal District (URD)
FY2019 Work Plan (July 1, 2018 to June 30, 2019)
Downtown Parking Garage $ 440,000 budgeted The URD will make the annual bond payment and long-term maintenance fund contribution for Bridger Park, the downtown parking garage.
Downtown Public Parking Improvements $ 250,000 budgeted The URD is committed to partnering with the Bozeman Parking Commission and the Bozeman Parking Division to make strategic improvements to the City-owned parking assets downtown. Funded improvements will be high-priority objectives from the 2016 Downtown Strategic Parking
Management Plan.
Downtown Residential Incentive Program $ 200,000 budgeted The purpose of the Downtown Residential Incentive Grant Program is to encourage the creation of new housing units within downtown URD. The intent of the program is to increase the
residency rate and subsequently the tax base of the URD. The Program will reimburse a portion
of housing-related impact fees for qualifying residential projects. Downtown Partnership Management Fee $ 113,500 budgeted The URD is a member of the Downtown Bozeman Partnership, LLC which serves as the
incorporated management agency for all the downtown organizations. This management fee
pays for a portion of the operating costs of the downtown office in addition to most of the payroll costs of Chris Naumann, who serves as the Director of the URD. Downtown Hotel Incentive Program $ 100,000 encumbered
The purpose of the Downtown Hotel Incentive Grant Program is to encourage the construction
of quality hotels within downtown URD District as prescribed by the 2009 Downtown Improvement Plan. The program offers to reimburse up to $100,000 of the impact fees associated with the development of a hotel. The Etha award remain encumbered until the project is completely constructed.
Professional Services Term Contract $ 100,000 budgeted The intent of this term contract is to allow the URD to nimbly respond to needs for professional services to implement this work plan and the Downtown Improvement Plan. It will also allow the URD to respond to unanticipated issues. The professional services will include but not be limited
to engineering, architecture and urban planning.
North Black Pocket Park $ 100,000 budgeted This URD has designated funding to create a public pocket park in the southwest corner of the North Black parking lot. Other improvements made in conjunction with the construction of the
park will include relocating the vehicle egress and installing a new streetscape along North
Black. Additional funding has been committed from the City Cash-in-Lieu of Parkland funds and the City Parking Enterprise Fund. The park will be constructed in the fall of 2018.
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
Streetscape Assistance Program $ 80,000 budgeted This URD program will provide property owners with partial reimbursement for the installation of historic street lamps in accordance with the Downtown Streetscape Plan. The program is
designed to stimulate private investment, redevelopment of property and the improvement of public areas in the downtown urban renewal district. South Wallace Asbestos Project $ 75,000 budgeted The URD board has committed these funds to either be invested in the analysis and/or
remediation of the asbestos contamination under the South Wallace roadway. Technical Assistance Grant Program $ 50,000 budgeted $ 10,500 encumbered This program supports current or potential developers, owners, and tenants with technical
assistance during the preliminary phases of possible redevelopment projects in the downtown tax increment district. This program facilitates navigating code requirements, preparing for the planning application and approval process, and evaluating historic preservation considerations. Bridger Park Garage Bus Shelters $ 60,000 budgeted
The URD has committed funds to purchase several high-quality transit shelters to be installed on the north side of the Bridger Park garage. These shelters will improve the safety and convenience for Streamline bus passengers. Structured Parking Feasibility Analysis $ 50,000 budgeted
The URD will finance a feasibility site analysis of potential locations for the construction of structured parking in the downtown district. The sites will at a minimum include those specifically identified in the 2016 Strategic Downtown Parking Management Plan. Downtown Improvement Plan Implementation $ 50,000 budgeted
This funding is intended to be available for smaller investments in the implementation of the 2018 Downtown Improvement Plan objectives. Foodplain Analysis—Phase Two $ 50,000 budgeted The URD contributed $42,000 in FY2017 for Phase One of the Bozeman Creek floodplain
analysis of the new proposed FEMA map. This additional funding was granted upon the request of the Bozeman Public Works Department to finalize the contract with Allied Engineering and negotiations with FEMA. Life-Safety Grant Program $ 50,000 budgeted
This URD program provides property owners with partial reimbursement for life-safety code compliance upgrades. The program is specific to the installation of dedicated fire lines connecting a building’s sprinkler system to the municipal water main. The program has a one-to-one match required of the property owner and a per-project dollar cap of $10,000.
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
Downtown Project Management Contract $ 40,000 budgeted The URD board has allocated funds to be invested in a professional services contract or contracts to assist with URD project management. These funds can be used to contract additional personnel to assist with completing the FY2019 work plan. Streetscape Element Purchases and Maintenance $ 37,500 budgeted The URD will continue to supplement the existing streetscape inventory by purchasing additional historic street lamps, trash receptacles, pedestrian benches, tree guards and bike racks. Funding is also available for the ongoing maintenance of the streetlamps and
Soroptomist Park. DURT Phase 1 SLID and Improvements $ 25,000 budgeted This year’s work will focus on forming a new Special Lighting Improvement District and converting several sections of streetlamps from private to public power.
Sewer Capacity and Buildout Analysis $ 25,000 budgeted The URD invested approximately $45,000 in FY2017 for extensive sewer flow monitoring in the district. The capacity and buildout analysis will utilize the flow data to estimate future sewer demand and identify system upgrade priorities.
Alley Improvement Program $ 25,000 budgeted The URD will offer a new program to assist property owners in the implementation of the ideas presented in the Downtown Alley Sketchbook. This document provides numerous examples of how to improve the alley corridors with lighting, landscaping, and hardscaping. This funding will
be invested to make improvements in one or more blocks of alleyway. Alternative Energy and Transportation Project $ 17,000 budgeted This URD has contributed funding to create a master plan for EV charging, car share, and multi-modal transportation systems. Funding may also be invested in early stage implementation of
system infrastructure. The FY2019 Downtown Urban Renewal District Work Plan and Budget were unanimously approved by the URD Board on May 15, 2018. Prepared and submitted by: Chris Naumann Downtown Bozeman Partnership 222 East Main Street #302 Bozeman MT 59715
chris@downtownbozeman.org 406-586-4008
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
Downtown Urban Renewal District FY2019 Budget
FY2019
Category FINAL Budget
Income
Starting Cash Balance 1,747,318$
Income from TIF (estimated)430,000$
COB Interlocal Share 800,000$
Entitlement Share State of Montana 45,000$
Interest Income (estimated)10,000$
Total Income 3,032,318$
Expenses
Operations
Management Fee and Administration 113,500$
Project Management Contract 40,000$
Total Operations 153,500$
Infrastructure Improvements
Street Furniture and Park Maintenance 12,500$
North Black Pocket Park Construction 20,000$
North Black Streetscape Construction 80,000$
Streetscape--new purchases 25,000$
Streetscape Assistance Grant Program 80,000$
Alley Improvement Program 25,000$
Public Parking Improvements 250,000$
Life-Safety Grant Program 50,000$
Fiber-Broadband Infrastructure 100,000$
Car Share Implementation 12,000$
Parking Garage Bus Shelters 60,000$
Total Improvements 714,500$
Planning
Technical Assistance Grants 50,000$
FY18 Encumbered Funds 10,500$
Residential Incentive Program 200,000$
Hotel Incentive Program -$
FY16 Encumbered Funds 100,000$
DBIP Implementation Funds 50,000$
DURT Phase 1 & SILD Engineering 25,000$
Alternative Transportation Master Planning 5,000$
Structured Parking Feasibility Analysis 50,000$
South Wallace Asbestos Project 75,000$
Professional Services Term Contract 100,000$
Sewer Capacity and Buildout Analysis 25,000$
Floodplain Analysis Phase 2 50,000$
Total Planning 740,500$
Parking Structure
Garage Bond Payment 430,000$
Garage Long-term Maintenance Fund 10,000$
Total Parking Garage Payments 440,000$
Total Expenses 2,048,500$
Year End Balance 983,818$
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