HomeMy WebLinkAbout04-06-21 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Webex Video Conference
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.FYI
E.Commission Disclosures
F.Consent
F.1 Accounts Payable Claims Review and Approval (Yeykal)
F.2 Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and
Agreement with Four Points Village II, LLC for the Four Points Subdivision Ph II Project
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, April 6, 2021
This meeting will be held using Webex, an online videoconferencing system. You can join this meeting:
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Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream or channel 190
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Access code: 182 080 0724
If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net prior to 12:00pm on the day of the meeting. You may also comment by visiting
the Commission's comment page.
You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you
please be patient in helping us work through this online meeting.
If you are not able to join the Webex meeting and would like to provide oral comment you may send a
request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and
the City Clerk will call you during the meeting to provide comment.
You may also send the above information via text to 406-224-3967. As always, the meeting will be
streamed through the Commission's video page and available in the City on cable channel 190.
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(15526)(Johnson)
F.3 Authorize the City Manager to Sign a Public Access Easement, a Public Street and Utility
Easement, a Drainage Easement, and a Trail Corridor Easement with Store Master Funding
VI, LLC for the Gibson Guitar Site Plan Project (20302)(Flammond)
F.4 Authorize the City Manager to Sign a Purchase Agreement with Floyd's Truck Center for (1)
One Truck with Forestry Chip Body and Dump Hoist(Overton)
F.5 Authorize City Manager to Sign a Uniform Application Form for Montana Public Facility
Projects for a Loan from the State Revolving Fund (SRF) Program for the Sourdough
Transmission Main Phase 2 Project(Murray)
F.6 Authorize City Manager to Sign a Professional Services Agreement with Morrison Maierle for
the West Babcock Street (11th to 19th) Reconstruction Project(Murray)
F.7 Authorize the City Manager to Sign a Professional Services Agreement with G3LA, LLC dba
G3, Green Gardens Group for a Bozeman Watershed Wise Landscape Webinar
Series(Ahlstrom)
F.8 Authorize the City Manager to Sign a Professional Services Agreement with Advantage
Spraying Services, Inc. for Landscape Maintenance Services in the Parks and Trails
District(Kline )
F.9 Authorize the City Manager to Sign a Professional Services Agreement with Respec for
Municipal Test Well Design, Aquifer Testing, and Preparation of Groundwater Application
for Beneficial Water Use Permit(Heaston)
F.10 Authorize City Manager to Sign a Third Amendment to the Agreement for Services with
Montana State University for Wastewater Testing Services(Rosenberry)
F.11 Resolution 5262, Authorizing the Exploration, Development, and Build-out of a Municipal
Groundwater Facility on City Property Located at the Bozeman Sports Park(Heaston)
F.12 Ordinance 2061, Provisional Adoption to Revise Definitions and References to Clarify a
Consistent Meaning and Application of Front Setbacks in all Zoning Districts. No Changes to
Dimensional Standards are Included with this Amendment. Revise Affected Sections to
Implement the Revisions. Application 20147(Saunders)
F.13 Ordinance 2068, Final Adoption to Amend 19 Acres from B-2 Community Business District to
B-2M Community Business District - Mixed, Located Approximately 650 feet West of the
Intersection of Huffine Lane and Cottonwood Road, Baxter Creek 2021 Zone Map
Amendment, Application 20387(Saunders)
G.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once. Please note, the City Commission cannot take
action on any item which does not appear on the agenda. All persons addressing the City
Commission shall speak in a civil and courteous manner and members of the audience shall be
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respectful of others. Please state your name and address in an audible tone of voice for the record
and limit your comments to three minutes.
H.Mayoral Proclamation
H.1 Equal Pay Day(Andrus)
I.Special Presentation
I.1 Equal Pay Presentation(Mihelich)
J.Action Items
J.1 Ordinance 2073, Provisional Adoption Amending Chapter 22, BMC, Creating a Second Full
Time Elected Office of Municipal Court Judge(Saverud)
J.2 Appoint New Bozeman City Commissioner(Mihelich)
K.FYI / Discussion
L.Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
noon, Friday at 10 a.m. and Sunday at 2 p.m.
In order for the City Commission to receive all relevant public comment in time for this City
Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the
meeting as well.
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Memorandum
REPORT TO:City Commission
FROM:Marcy Yeykal, Accounting Technician
Kristin Donald, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:April 6, 2021
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission approves payment of the claims.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Section 7-6-4301 MCA states that claims should not be paid by the City until
they have been first presented to the City Commission. Claims presented to
the City Commission have been reviewed by the Finance Department to
ensure that all proper supporting documentation has been submitted, all
required departmental authorized signatures are present indicating that the
goods or services have been received and that the expenditure is within
budget, and that the account coding is correct.
UNRESOLVED ISSUES:Please approve checks from March 31st and April 7th, due to no meeting on
March 30th.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
http://www.bozeman.net/government/finance/purchasing Individual claims
in excess of $100,000: to be announced in weekly e-mail from Accounts
Payable Clerks Marcy Yeykal and Levi Stewart.
Report compiled on: March 25, 2021
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Memorandum
REPORT TO:City Commission
FROM:Karl Johnson, Engineer I
Shawn Kohtz, PE, City Engineer
Mitch Reister, PE, Director of Public Works
SUBJECT:Authorize the City Manager to Sign a Sewer and Water Pipeline and Access
Easement and Agreement with Four Points Village II, LLC for the Four Points
Subdivision Ph II Project (15526)
MEETING DATE:April 6, 2021
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Sewer and Water Pipeline and Access
Easement and Agreement with Four Points Village II, LLC for the Four Points
Subdivision Ph II Project (15526).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None.
Attachments:
Sewer and Water Pipeline and Access Easement and
Agreement
Report compiled on: March 24, 2021
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Memorandum
REPORT TO:City Commission
FROM:Cody Flammond, Engineer II
Shawn Kohtz, City Engineer
Mitch Reister, Director of Public Works
SUBJECT:Authorize the City Manager to Sign a Public Access Easement, a Public Street
and Utility Easement, a Drainage Easement, and a Trail Corridor Easement
with Store Master Funding VI, LLC for the Gibson Guitar Site Plan Project
(20302)
MEETING DATE:April 6, 2021
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Public Access Easement, a Public Street
and Utility Easement, a Drainage Easement, and a Trail Corridor Easement
with Store Master Funding VI, LLC for the Gibson Guitar Site Plan Project
(20302).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached are copies (original to City Clerk) of the partially executed
agreements. Engineering staff reviewed the documents and found them to
be acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Public Access Easement
Public Street and Utility Easement
Drainage Easement
Trail Corridor Easement
Report compiled on: March 18, 2021
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Memorandum
REPORT TO:City Commission
FROM:Alex Nordquest, Forestry Manager
Mitch Overton, Director of Parks, Recreation, Cemetery, and Forestry
SUBJECT:Authorize the City Manager to Sign a Purchase Agreement with Floyd's Truck
Center for (1) One Truck with Forestry Chip Body and Dump Hoist
MEETING DATE:April 6, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a purchase agreement with Floyd's Truck
Center for (1) one truck with forestry chip body and dump hoist.
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:This is a replacement to our 1990 Chip Truck. New equipment has a larger
chipping capacity to maximize efficiency of forestry operations. This item
was approved in the FY21 Capital Improvement Plan. Floyd's Truck Center
was the lowest of two bids received with a bid price of $92,392.00.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Maintain current equipment.
FISCAL EFFECTS:The FY21 Capital Improvement Plan included $90,000 in the Tree
Maintenance Fund for this item. The bid price associated with this purchase
is above what is budgeted. The remaining $2,392.00 will come from the
Forestry Division FY21 Operating Budget.
Attachments:
Chip Truck - Purchase Agreement (Final) (2).docx
CORRECTED Bid Sheet & Sign In - 2020 Chip Truck.pdf
Exhibit A - Bid Specifications.pdf
Exhibit B - Warranty.pdf
Report compiled on: March 11, 2021
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Agreement for Purchase of One (1) New 2020 (or newer) Truck with Forestry Chip Body and Dump Hoist installed
FY2021
Page 1 of 7
PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into this 6th day of April, 2021 (“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, Floyd’s Truck Center, hereinafter referred to as “Seller.”
The City and Seller may be referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual promises and agreements hereinafter contained, the parties
agree as follows:
1.Property Purchased: Seller agrees to sell and City agrees to purchase the property
requested and described in the Bid Specifications for One (1) New 2020 (or newer) Truck with
Forestry Chip Body and Dump Hoist installed attached hereto as Exhibit A which is incorporated
into this Purchase Agreement by this reference. By accepting this Purchase Agreement, Seller
hereby agrees that the sale, use, or incorporation into manufactured products of all machines,
software, hardware, materials and other devices furnished under this Purchase Agreement which
are not of the Seller’s design, composition, or manufacture shall be free and clear of infringement
of any valid patent, copyright, or trademark. Seller shall hold the City harmless from any and all
costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims,
suits, or actions alleging such infringement, and Seller agrees to defend such claims, suits, or
actions.
2.Specifications: The Seller agrees that all material and workmanship in and upon
this Property complies with Exhibit A as accepted by the City. Unless otherwise agreed to by the
City, the items listed in Exhibit A, govern in the event of inconsistencies with the Seller’s response
to the same.
3.Price: The City agrees to pay ninety-two thousand, three hundred ninety-two
dollars ($92,392.00) as the purchase price. All prices include shipping and any applicable local,
state or federal taxes that may be applied to the Property to be purchased. This price is firm and
not subject to escalation under agreed to in writing by the City.
4.Delivery and Payment: Time is of the essence in the performance of this Purchase
Agreement. Seller assumes full responsibility for all transportation, transportation scheduling,
packing, handling, insurance, and other served associated with delivery of the Property.
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Agreement for Purchase of One (1) New 2020 (or newer) Truck with Forestry Chip Body and Dump Hoist installed
FY2021
Page 2 of 7
Seller agrees to delivery to the Cityin a fully operational status and all accessories properly
installed no later than February 1, 2022. Delivery will occur at 1812 N. Rouse Ave, Bozeman,
MT 59715, or at a place otherwise designated in writing by the City. If delivery of the Property
and/or performance of services required under this Purchase Agreement cannot be made Seller
shall promptly notify the City of the earliest possible date for delivery or performance.
Notwithstanding such notice, if Seller for any reason fails to deliver the Property or perform
required services within the time specific or to the City’s satisfaction the City may terminate this
Purchase Agreement or any part therefore without liability except for good or services previously
provided and accepted. The City’s receipt or acceptance of any part of a non-conforming delivery
or service shall not constitute a waiver of any claim, right or remedy the City has under this
Purchase Agreement or applicable law. Upon delivery and for a reasonable period thereafter, City
has the right to inspect the Property to ensure that it meets Specifications as modified by Seller’s
responses which have been accepted by City. If the Property meets the Specifications, City shall
tender the purchase price stated above to Seller through the City’s normal claim process. Unless
otherwise agreed to in writing, payment terms shall be net thirty (30) days from the date of receipt
of invoice or acceptance and delivery of goods and services by the City, whichever occurs last.
Payment will be made to Seller at the address previously stated unless Seller provides a different
address in writing.
5.Nondiscrimination and Equal Pay: The Seller agrees that all hiring by Seller of
persons performing this Agreement shall be on the basis of merit and qualifications. The Seller
will have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. The Seller 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
Seller 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.
Seller 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, Montana Code Annotated
(MCA) (the Montana Equal Pay Act). Seller must report to the City any violations of the Montana
Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
Seller shall require these nondiscrimination terms of its subcontractors providing products
under this Agreement.
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Agreement for Purchase of One (1) New 2020 (or newer) Truck with Forestry Chip Body and Dump Hoist installed
FY2021
Page 3 of 7
6.Default/Termination/Remedies:In the event of Seller’s breach of this Purchase
Agreement, including if Seller fails to deliver the Property as set forth herein or fails to meet City’s
Specifications, City may, at its option, take any or all of the following actions without prejudice to
any other rights or remedies available to the City by law: (i) declare the Seller in default and
immediately cancel and rescind this Purchase Agreement; (ii) require Seller to repair or replace
any equipment or materials used in the Property, and upon Seller’s failure or refusal to do so, repair
or replace the same at Seller’s expense; (iii) reject any material or equipment included in the
Property containing defective or nonconforming equipment or material and return for credit or
replacement at Seller’s option; or (iv) cancel any outstanding deliveries and treat such breach by
Seller as Seller’s repudiation of this Purchase Agreement. Thereafter, City may procure substitute
property to replace the Property described herein. In such event, Seller is liable to City for the
difference between the price set forth herein and the price paid by City for the replacement
property. Additionally, the City may pursue any other remedy it has at law or in equity.
In the event of the City’s breach hereunder, Seller’s exclusive remedy shall be Seller’s
recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price
payable for equipment and material delivered to the City prior to such breach.
7. Change Orders: The City shall have the right to revoke, amend, or modify this
Purchase Agreement or the equipment or material included in the Quotation at any time. Seller’s
receipt of City’s written change order without response received by the City within 10 (ten)
business days or Seller’s shipment or other performance reflecting the change, whichever occurs
first, shall be Seller’s acceptance of the change without any price or other adjustment.
8.WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY
INCLUDING ALL COMPONENT PARTS IN ACCORDANCE WITH WARRANTY
SPECIFICS LISTED IN EXHIBIT B AND SHALL ASSIGN TO THE CITY ALL
WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT
WARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THE PROPERTY
IS COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS
FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN
ADDITION TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES AND UNLESS
OTHERWISE AGREED IN WRITING, SELLER ALSO WARRANTS THAT ALL
EQUIPMENT DELIVERED HEREUNDER WILL BE NEW, SUITABLE FOR USE AS
DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED, FREE FROM ALL
DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH
ALL SPECIFICATIONS FURNISHED; IN COMPLIANCE WITH ALL APPLICABLE
FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND FREE FROM ANY
LIENS AND ENCUMBRANCES. THESE WARRANTIES SHALL NOT BE DEEMED TO
EXCLUDE SELLER’S STANDARD WARRANTIES OR OTHER RIGHTS OR
WARRANTIES WHICH THE CITY MAY HAVE OR OBTAIN.
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Agreement for Purchase of One (1) New 2020 (or newer) Truck with Forestry Chip Body and Dump Hoist installed
FY2021
Page 4 of 7
9.Insurance/Indemnification:The Seller shall insure the Property for a minimum
of the purchase price against all damages during the delivery period per the Specifications. In
addition to and independent from the above, during the delivery period Seller shall defend,
indemnify, and hold the City, its officers, employees, and agents harmless against claims,
demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed
against, recovered from or suffered by the City by reason of any injury or loss, including but not
limited to, personal injury, including bodily injury or death, property damage, occasioned by,
growing out of, or in any way arising or resulting from any intentional or negligent act on the part
of Seller, it’s agents or employees. This provision shall survive delivery and acceptance by the city
of the Property.
10.Assignment: Seller may not delegate, subcontract, or assign any duties and
services or assign any rights or claims under this Purchase Agreement without the express written
consent of City.
11.Entire Agreement: This Agreement, including its appendices, if any, embodies
the entire understanding between the parties relating to the subject matter contained herein. No
agent or representative of either party has authority to make any representations, statements,
warranties or agreements not herein expressed and all modifications or amendments of this
Agreement, including the appendices, must be in writing and signed by an authorized
representative of each of the parties hereto.
12.Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen
Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs,
successors, and assigns.
13 Permits: Seller 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.
14.Laws and Regulations: Seller 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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Agreement for Purchase of One (1) New 2020 (or newer) Truck with Forestry Chip Body and Dump Hoist installed
FY2021
Page 5 of 7
15.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.
16.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.
17.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.
18.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.
19.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
20.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.
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Agreement for Purchase of One (1) New 2020 (or newer) Truck with Forestry Chip Body and Dump Hoist installed
FY2021
Page 6 of 7
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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Agreement for Purchase of One (1) New 2020 (or newer) Truck with Forestry Chip Body and Dump Hoist installed
FY2021
Page 7 of 7
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by
their duly authorized representatives the day and year first above written.
CITY OF BOZEMAN SELLER
By___________________________By____________________________
Jeff Mihelich City Manager Print Name: ___________________
Print Title: ____________________
APPROVED AS TO FORM:
By________________________________
Greg Sullivan, City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Bob Murray, Project Engineer
Shawn Kohtz, City Engineer
Mitch Reister, Public Works Director
Kristin Donald, Finance Director
SUBJECT:Authorize City Manager to Sign a Uniform Application Form for Montana
Public Facility Projects for a Loan from the State Revolving Fund (SRF)
Program for the Sourdough Transmission Main Phase 2 Project
MEETING DATE:April 6, 2021
AGENDA ITEM TYPE:Finance
RECOMMENDATION:Authorize City Manager to sign the Uniform Application Form for Montana
Public Facility Projects for a Loan from the State Revolving Fund (SRF)
Program for the Sourdough Transmission Main Phase 2 Project.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City is applying for a Loan Commitment from the State Revolving Loan
Program to fund the construction and financing costs of the Sourdough
Transmission Main Phase 2 Project. This project has been planned for several
fiscal years in the Capital Improvement Plan (CIP).
The phase 1 project started at Nash Road and ended near the Triple Tree
Trail parking lot in Sourdough Road. This project will connect at that location
and continue north along Sourdough and ultimately connect to the flow
control building at the Sourdough Storage Reservoir. The project will consist
of the installation of 40 feet of 48” and 7800 feet of 30” ductile iron pipe and
appurtenances. This will provide the City with a redundant feed from the
treatment plant into town as well as a significantly increase the capacity that
can be conveyed.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:Debt Service for this project has been included in the approved Water
Impact Fee CIP Fund.
Attachments:
Uniform Application Form for Montana Public Facility
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Projects.pdf
Report compiled on: March 17, 2021
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Memorandum
REPORT TO:City Commission
FROM:Bob Murray, Project Engineer
Shawn Kohtz, City Engineer
Mitch Reister, Public Works Director
SUBJECT:Authorize City Manager to Sign a Professional Services Agreement with
Morrison Maierle for the West Babcock Street (11th to 19th) Reconstruction
Project
MEETING DATE:April 6, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to sign the Professional Services Agreement with
Morrison Maierle for the West Babcock Street (11th to 19th) Reconstruction
Project.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Attached is a copy of the partially executed Professional Services Agreement
with Morrison Maierle for the West Babcock Street (11th to 19th)
Reconstruction Project. The document is in the City’s standard format.
These services were procured through the City’s consultant selection
process. A Request for Proposals was published in the Bozeman Daily
Chronicle on September 20th and 27th, with the proposals being due on
October 9th. Proposals were received from 2 firms on the project which
were distributed to a selection committee of 3 city employees. The written
proposals were scored by the selection committee and Morrison Maierle
was selected the most qualified to complete the project.
The current contract is for the predesign services only. In this phase the
consultant will complete the surveying, geotechnical investigation, review
traffic, compete preliminary layouts of utilities, lighting, and stormwater and
provide and updated project budget. Once this phase is complete and
accepted, an amendment will be negotiated to add the design phase
services.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
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FISCAL EFFECTS:$110,937 from the Street Impact Fee Fund (SIF118).
Attachments:
West Babcock Professional Services Agreement.pdf
Report compiled on: March 16, 2021
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Memorandum
REPORT TO:City Commission
FROM:Jessica Ahlstrom, Water Conservation Specialist
Mitch Reister, Director of Public Works
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
G3LA, LLC dba G3, Green Gardens Group for a Bozeman Watershed Wise
Landscape Webinar Series
MEETING DATE:April 6, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
G3LA, LLC dba G3, Green Gardens Group for a Bozeman Watershed Wise
Landscape Webinar Series
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:The core objective of the City’s water conservation program is to educate
and empower residents to use water efficiently. With fifty percent of
summer water use going into lawns and landscapes, expanding outdoor
water use efficiency practices in the community is central to reducing overall
water demand and extending the reach of the City’s current reliable water
supply.
Program initiatives to reduce outdoor water use include free sprinkler
system assessments and customer rebate incentives for the installation of
drought tolerant landscaping and high efficiency irrigation equipment. The
sprinkler system assessment service increases participation in the city’s
outdoor rebate program by arming customers with knowledge of how
efficiency upgrades would benefit their sprinkler system and how to make
changes themselves. The City has identified a need for water wise
landscaping seminars targeted at homeowners in order to provide
customers with the knowledge to maximize outdoor water use efficiency by
making landscape changes.
The Environmental Protection Agency’s WaterSense® accredited Watershed
Wise Landscape Webinar Series offered by Green Gardens Group will
provide comprehensive guidance to water customers regarding landscaping
basics, turf removal and organic maintenance, irrigation efficiency,
composting and soil health, and drought tolerant landscape design. Taught
by experienced landscape designers through a series of five interactive
online courses, these topics will provide water customers with the
information needed to transform their landscape to improve water quality
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and reduce water use. All course content will be customized for the City of
Bozeman and will be offered to customers throughout the months of
May/June 2021. Considering the limitations imposed on in-person outreach
events due to COVID-19, these online courses will provide the community
with an opportunity to engage and learn about outdoor water use efficiency
safely.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:Total costs for this project equal $9,200.00 and will be paid for out of the
Water Conservation Division professional services fund.
Attachments:
Professional Services Agreement_G3_Water Wise Landscape
Webinar Series.pdf
Attachment A_G3_Scope of Services.pdf
Sole Source Approval_G3.pdf
Report compiled on: March 12, 2021
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2021
(“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, G3LA, LLC dba Green Gardens Group, 149 S.
Barrington Ave. # 758, Los Angeles, CA 90049, 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 5th day of March, 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.
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
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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.
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.
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Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of 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
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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 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 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.
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The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease 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
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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 Jessica Ahlstrom, Water Conservation Specialist, 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.
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b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Pamela Berstler, CEO G3LA, LLC dba G3, Green Gardens
Group, 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
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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
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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
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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.
**** 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 G3LA, LLC dba Green Gardens Group
By__________________________________ By__________________________________
Jeff Mihelich, City Manager Pamela Berstler, CEO
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Professional Services Agreement for Watershed Wise Landscape Webinar Series
FY 2021
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APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Attachment A: Scope of Services
G3LA, LLC dba G3, Green Gardens Group Watershed Wise Landscape Webinar Series
I. Introduction
This document outlines the tasks to be completed by G3LA, LLC dba G3, Green Gardens Group,
(hereinafter “Contractor”) for the Watershed Wise Landscape Webinar Series for the City of
Bozeman, Department of Public Works (hereinafter “City”), 20 East Olive Street Bozeman,
Montana 59715.
II. Purpose
The City requires an organization with the skills and expertise to host a watershed wise
landscape webinar series to educate and inspire Bozeman residents to establish beautiful low
water use landscapes and reduce outdoor water use. Bozeman residents have expressed interest
in gaining a better understanding on how to transform high water use lawns into water-efficient
landscapes. The intent of this project is to provide Bozeman residents with the knowledge to
make water-saving landscape transformations from an accredited WaterSense® professional
certifying organization.
III. Scope of Services
Contractor will provide an interactive online program consisting of five classes to educate,
inspire and motivate homeowners to transform yards into watershed-wise landscapes.
Throughout the webinars, attendees are invited to submit their questions in the online Q/A chat
box. Live responses to questions will be provided by professional landscape designers and
various polls create an interactive environment and an opportunity to engage the audience.
Learning Objectives:
Evaluate a property as though it were a mini-watershed
Use soil food web principles to remove lawn without chemicals and build living soil
Review irrigation methods and practices to maximize water use efficiency
Select and place plants on a property according to water needs and key design principles
Tips and techniques to compost building for a healthy soil sponge
Description of Classes:
Each webinar within the series must have at least 5, but no more than 100 attendees. The webinar
series is to be completed in May/June 2021 and the format for each webinar within the series is
as follows:
Instructor welcome attendees
Discuss any relevant City rebates or water conservation programs
Cover curriculum and offer ongoing Q/A throughout
Follow up with links to resources and City rebates
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Each webinar included in the series is listed below:
Watershed Wise Landscaping – 60 minute webinar that discusses key principles of a watershed
wise landscape, the recommended model for any landscape transformation program and outlines
the following information:
Building healthy living soil
Utilizing passive rainwater
Selecting local climate appropriate/native plants
Using high efficiency irrigation
Turf: Remove, Replace, or Maintain It (Organically) – 60 minute webinar that discusses
removing and managing turf using the following information:
Removing turf without the use of chemicals
Replacing turf with climate appropriate plantings
Keeping the turf in place but maintaining it in an organic manner
o Building soil for healthy lawns
o Properly irrigating a lawn
o Simple lawn care strategies to improve resilience
o Managing the big three: weeds, pests, and disease
Irrigation Basics and Water-Use Efficiency – 60 minute webinar that reviews best practices for
irrigation and water use efficiency, including the following topics:
Overview of an irrigation system
Irrigation and the soil moisture balance
Typical irrigation problems in the landscape
Tips for conservation
Converting to drip irrigation
Compost, Building the Soil Sponge – 60 minute webinar that covers the following process for
creating healthy soil:
Understanding how plants work with their soil
Introducing the soil food web
Techniques and tips for making compost
Sheet mulching to build healthy soil
Selecting other soil amendments for the garden
Garden Design Workshop – 90 minute webinar that takes attendees through the step-by-step
process of creating a successful watershed wise design and include the following information:
Raingarden design and placement
Selecting a plant palette
Role of native plants
Layout recommendations
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Design considerations
IV. Contractor Responsibilities
Contractor shall:
Set up a secure calendar of classes and online registration database through Contractor’s
website to manage and deliver the webinar program via Zoom online meeting platform;
Communicate with participants through email as needed before the webinar takes place,
including registration confirmation and reminders;
Provide two qualified instructors for each webinar; one instructor to lead the webinar and
another instructor to be available throughout the webinar to answer questions submitted
by attendees via the Q/A chat box, manage polls, and provide backend support during
events;
Ensure that the class curriculum is regionally appropriate within the Bozeman service
area. All customized content shall be approved by City;
Provide City with registration and attendance detail;
Collect, tally and submit class evaluation forms.
V. City Responsibilities
City shall:
Provide webinar advertising and marketing to the public;
Provide Contractor with access to relevant images and information to be used in
customizing webinars for regional appropriateness;
Provide resources and information on relevant programs to be included in webinars;
Provide input and final approval of customized class content;
Attend each webinar.
VI. Cost and Timeline
The five webinars included in the Watershed Wise Landscape Webinar Series are to be hosted
one time each in May/June 2021. The total cost to host each of the five webinars once, plus a
one-time customization fee for each webinar, totals $9,200.00.
Cost $1,250.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,950.00
TOTAL:
$9,200.00
One-Time
Customization
Fee of
$250.00 per
class
Watershed
Wise
Landscaping
Class
Turf:
Remove,
Replace or
Maintain It
(Organically)
Class
Irrigation
Basics
and Water
Use
Efficiency
Class
Compost,
Building
the Soil
Sponge
Class
Garden
Design
Workshop
Class
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If after the third presentation of a webinar topic of Contractor’s curriculum, City wishes to take
over the instructions, each webinar can be licensed indefinitely for a one-time payment of
$750.00 per presentation. The license includes both virtual and in-person rights to the
presentations. The license is limited to the Bozeman, MT service area and Contractor will retain
all intellectual property rights to the material.
109
From:Kristin Donald
To:Jessica Ahlstrom
Subject:RE: Procurement process question
Date:Wednesday, February 17, 2021 5:22:17 PM
Attachments:image001.png
image002.jpg
image003.jpg
Sole source approved. Please attach this email to any invoices.
Kristin Donald, MBA
Finance Director
City of Bozeman
Office: (406) 582-2318
Cell: (406) 595-5366
kdonald@bozeman.net
From: Jessica Ahlstrom <JAhlstrom@BOZEMAN.NET>
Sent: Wednesday, February 17, 2021 3:57 PM
To: Kristin Donald <KDonald@BOZEMAN.NET>
Subject: Procurement process question
Hi Kristin,
We are looking to hire a consultant to provide water conservation landscaping seminars to water
customers to educate and empower customers to make water efficient changes in their landscape.
It is important for us that the group we hire for this be accredited by EPA’s WaterSense program –
which is sort of the gold standard for water use efficiency at a national scale. WaterSense only has
one customer-facing program that does this work - Green Gardens Group. This group is led by
experienced landscape designers and architects, and as mentioned, their curriculum has been
approved by EPA WaterSense.
We anticipate spending a total of up to $10,000 on these classes with them this year. This includes
their time customizing the curriculum for Bozeman, their time hosting the seminars, and ultimately a
fee for us to buy the rights to use the curriculum in the future so that we can continue to offer this
service in a more cost-effective manner in the long term.
Since they are the only group that offers this service and also meets EPAs WaterSense certification,
is this something that I can hire them directly to do, without getting additional quotes?
Thanks
110
Jessica Ahlstrom | Water Conservation Program Manager
City of Bozeman | 20 E. Olive St. | PO Box 1230 | Bozeman, MT 59771P: 406.582.2265Visit our websiteWatch our video
Public Works - Logo
111
Memorandum
REPORT TO:City Commission
FROM:Luke Kline, Parks and Recreation Contracts Coordinator
Mitch Overton, Parks and Recreation Department Director
Chuck Winn, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Advantage Spraying Services, Inc. for Landscape Maintenance Services in the
Parks and Trails District
MEETING DATE:April 6, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with
Advantage Spraying Services, Inc. for Landscape maintenance services in the
Parks and Trails District.
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:On June 1, 2020, the Bozeman City Commission approved Resolution 5180
creating the Bozeman Parks and Trails Special District (District). To
accomplish the District objectives the City has developed a multi-year
District implementation plan designed to achieve steady calculated increases
in level of service standards and sustainable maintenance practices in all City
Parks. Beginning July 1, 2020 City’s Parks and Recreation Department
assumed full responsibility for all of the District’s designated park properties
including the addition of 235 acres of park land located within subdivision
parks previously maintained by home owners/community associations. To
address the maintenance required in the new District the City will establish
contracts for professional services with qualified contractors. In February
2021, the Parks and Recreation Department conducted a request for
proposals process to acquire professional services required to maintain parks
grounds and landscape areas in the District. After careful evaluation and
review, Advantage Spraying Services, Inc. was determined to be the most
qualified vendor for Parks and Trails District Landscape Maintenance
Services Zone 1 area. Advantage Spraying Services, Inc. has demonstrated
capacity to accomplish landscape services as requested and a comprehensive
understanding of City Parks being maintained in the Zone 1 area. The
selected contractor Advantage Spraying Services, Inc. will complete the
services as defined in attached Exhibit A: Scope of Services and Exhibit B:
Quote for Landscape Maintenance services beginning in spring of 2021.
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UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Funding is currently allocated for this maintenance within the FY21 and FY22
budget in the Parks and Trails District Maintenance Fund account.
Attachments:
Professional Services Contract.pdf
Exhibit A Scope of Services Landscape Maintenance Zone
1.pdf
Exhibit B Quote for Landscape Maintenance Zone 1
(Advantage).pdf
Report compiled on: March 25, 2021
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 6th day of April, 2021, 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, Advantage Spraying Services Inc., 144 Wildcat Way, Bozeman MT 59718,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 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.
4. Payment: City agrees to pay Contractor specified in the Appendix C Maintenance
Schedule Zone 1 (LANDSCAPE) attached hereto as Exhibit B. 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
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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.
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.
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Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of 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
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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 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 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.
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The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease 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
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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 Luke Kline, Contracts Coordinator 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.
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b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Patrick Doran 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
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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
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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
122
Professional Services Agreement for Landscape Maintenance Services Zone 1
FY 2021
Page 10 of 11
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 three years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
123
Professional Services Agreement for Landscape Maintenance Services Zone 1
FY 2021
Page 11 of 11
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
124
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
February 2021
REQUEST FOR PROPOSALS (RFP)
PARKS & TRAILS DISTRICT
LANDSCAPE MAINTENANCE SERVICES ZONE: 1
City of Bozeman
Bozeman, MT
Exhibit A
125
Page 5 of 25
scheduled services to ensure that City landscapes are effectively and efficiently maintained for
the benefit of the city and its residents. The selected contractor will begin work in April of 2021
and continue services through the completion of the summer season at the end of October
2021. The routine services will be conducted for approximately a 30 week period in total or
approximately 7 months per year.
III.SCOPE OF SERVICES
If selected a contractor will provide the City with professional expertise to successfully
implement the proposed scope of services. The City has provided a summary of the basic
maintenance components and site locations to assist in understanding the tasks and
maintenance services desired. Specifications are general in nature and not intended to
encompass all the projects complexity. Contractor shall become familiar with the specified
locations and the needs of each facility to best determine their ability to complete the
described maintenance specifications.
Additional tasks and work elements may be inserted into the scope of services during contract
negotiations with the selected firm. It is also possible that tasks or elements could be removed
during negotiations or not included in an initial contract because of regulatory uncertainty,
budget limitations, contracting strategy or any combination thereof.
Proposals must clearly identify any elements of the proposed scope of services that would not
be provided by the prime contractor. Any sub-contractors which comprise the respondent team
must be identified along with a description of past working history between the firms.
The scope of services includes:
1.Contractor shall be responsible for completion of site specific landscape maintenance
and grounds keeping services identified and described in Appendix D: Park location
Maps Zone 1.
2.Contractor proposals shall include cost associated with delivery of tasks described in
Appendix C: Maintenance Schedule Zone 1 and Additional Services listed to be
considered for proposal award.
3.Contractor shall provide a fixed cost per item for all services at the frequency
designated/described in Appendix C: Maintenance Schedule Zone 1.
Services requested for Maintenance Schedule Zone 1 include:
a.Mowing
b.Weedeating / Trimming
c.Fertilizer Application
d.Spraying Application / Weed Control
e.Dog Station Maintenance
f.Garbage / Trash Removal
Exhibit A
126
Page 6 of 25
4.Contractor shall provide a fixed hourly rate for services described in Appendix C:
Maintenance Schedule.
Additional Services requested include:
g.Mowing
h.Weedeating / Trimming
i.Dog station maintenance
j.Landscaping
k.Clearing, brushing, pruning of vegetation
l.Maintenance of native grass/naturalized areas
m.Trail maintenance
n.Removal of seasonal debris, leaves, litter
o.Overseeding turf areas
p.Garbage trash/removal
q.Aerating & Thatching
5.The final scope of services may change and will be contained in a professional services
agreement to be executed by the City and the selected Contractor. Contractor proposals
shall include additional explanation if items costs are excluded from the scope of
services provided. Irrigation services/maintenance are not included in this RFP and will
be contracted separately.
Exhibit A
127
PARK NAME SITE DISCRIPTION LOCATION:
MAP/LOCATION
(GREEN AREA
ONLY)
FERGUSON
MEADOWS PARK
TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR
Sanders Ave & Cascade
St. 1-A 1x/week
(price per mow) $ 1x/week
(price per trimming) $ On Turf Area 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $1x/week/as needed $
VALLEY COMMONS
PARK
TURF: YES/UNK IRRIGATION: YES/MEDIUM/FAIR
Fallon St. & Ginella Way
(vacant land) 1-B 1x/week
(price per mow)$1x/week
(price per trimming) $ OnTurf Area 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
LOYAL GARDENS SUB PARK
TURF: YES/FAIR IRRIGATION:
YES/MEDIUM/FAIR
S. Cottonwood Rd. to
Golden Gate Ave. & South of Loyal Dr. 1-C 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Area 1x/year/as needed (price
per application)
$ Broad leaf weed control 1x/year/as needed
(price per application)
$ 1x/week/as needed $ 1x/week/as needed $
VALLEY WEST PARK TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR
Durston Rd. to Babcock St. & Kimball Ave. to N. Cottonwood Rd.1-D 1x/week
(price per mow)$1x/week
(price per trimming) $ On Turf Area 2x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
NORTON EAST
RANCH SUB PARK
TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR
Babcock St. to Fallon & S. Eldorado to Waterlily Dr.1-E 1x/week
(price per mow)$x/week
(price per trimming) $ On Turf Area 2x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
BAXTER MEADOWS (Master), PH. 1-3
TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR
Kimberwicke St. to Baxter &Vaquero Pkwy. to Harper
Puckett Rd.1-F 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Area 2x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $1x/week/as needed $
FLANDERS CREEK SUBDIVISION PARK 1-3
TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR
Annie St. to Durston Rd. & Flanders Creek Ave. to Twin Lakes Ave. 1-G 1x/week
(price per mow)$1x/week
(price per trimming) $ On Lawn Area 2x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
BAXTER MEDOWS,
PH. 1 Park 1-2
TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR
Equestrian Ln. to Baxter Ln. & Vaquero Pkwy. to Ferguson Ave. 1-H 1x/week
(price per mow)$1x/week
(price per trimming) $ On Lawn Area 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/ biweekly/as needed $ 1x/biweekly/as needed $
TRADITIONS SUB
PHASE 1 PARK 1-4 &
8
TURF: YES/FAIR
IRRIGATION:
YES/MEDIUM/FAIR
Sherwood Way to
Glenwood Dr. & Flanders
Creek Ave to Abigail Ln.1-I 1x/week (price per mow)$1x/week (price per trimming) $
On Lawn Area
1x/year/as needed
(price per application)
$
Broad leaf weed control
1x/year/as needed
(price per application)
$ 1x/week/as needed $ 1x/week/as needed $
DIAMOND ESTATES PUBLIC PARK
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
Oak St. & Agate Ave.
Road buffer at Oak &
detention pond Area. 1-J 1x/week (price per mow)$1x/week (price per trimming) $
On Lawn Area
1x/year/ as needed
(price per application)
$
Broad leaf weed control
1x/year/as needed
(price per application)
$ 1x/week/as needed $ 1x/week/as needed $
OAK SPRINGS PARK TURF: YES/FAIR
IRRIGATION: YES
N. Ferguson Ave. to Yellowstone Ave. & Renova Ln. to Annie St. 1-K 1x/week
(price per mow)$1x/week
(price per trimming) $ On Lawn Area 1x/year/ as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
DIAMOND PARK
TURF: YES/FAIR
IRRIGATION:
YES/SMALL/FAIR
Ferguson Ave. to Flanders
Mill Rd. & Oak St. to
Tanzanite Dr. 1-L 1x/week (price per mow)$1x/week (price per trimming) $
On Lawn Area
1x/year/as needed
(price per application)
$
Broad leaf weed control
1x/year/as needed
(price per application)
$ 1x/week/as needed $ 1x/week/as needed $
FOUR POINTS MINOR SUB 475 PARK
TURF: YES/GOOD IRRIGATION: YES/MEDIUM/FAIR
Cattail St. to Kimberwicke St. & Milkhouse Ave. to Ferguson Ave 1-M 1x/week
(price per mow)$1x/week
(price per trimming) $ On Lawn Area 1x/year/as neeeded (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
WESTBROOK SUB PUBLIC PARK 1-2
TURF: YES/FAIR
IRRIGATION:
YES/MEDIU/FAIR
Annie St. to Durston Rd. & Rosa Way to Loxley Dr. 1-N 1x/week (price per mow)$1x/week (price per trimming) $
On Lawn Area
1x/year/ as needed
(price per application)
$
Broad leaf weed control
1x/year/as needed
(price per application)
$ 1x/week/as needed $ 1x/week/as needed $
THE LAKES AT VALLEY WEST PARK
TURF: UNK IRRIGATION: YES/MEDIUM/FAIR
Westmorland Dr. to Vahl Way to N. Laurel Pkwy. Adjcent to Bronken Sports Park.
1-O 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Area 1x/year/ as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
SUNDANCE PUBLIC
PARK
TURF: UNK
IRRIGATION: UNK
Caballo Ave. to Davis Ln. & Galloway St. to Baxter Ln.
1-P 1x/week
(price per mow)$1x/week
(price per trimming) $ On Turf Area 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
BOULDER CREEK PARK 1-2
TURF: YES/FAIR IRRIGATION: YES/MEDIU/FAIR
Glenellen Dr. to Annie St.
& Laurel Pkwy. To Abigail Ln.1-Q 1x/week (price per mow)$1x/week (price per trimming) $ On Turf Area 1x/year/as needed (price per application) $ Broad leaf weed control 1x/year/as needed (price per application) $ 1x/week/as needed $ 1x/week/as needed $
ANNIE ST & COTTAGE PARK LN
TURF: YES/FAIR IRRIGATION: YES/SMALL/FAIR
Small L shaped property corner of Annie St. &
Cottage Park Ln.
1-R 1x/week (price per mow)$1x/week (price per trimming)$On Turf Area 1x/year/as needed (price per application)$Spraying as needed broad leaf weed control (price per application) $ 1x/month/as needed $ 1x/month/as needed $
COTTAGE PARK LN TURF: YES/FAIR IRRIGATION: YES/MEDIUM/FAIR
Small property Cottage
Park Ln. and Hanson St. 1-S 1x/week
(price per mow)$1x/week
(price per trimming) $ On Turf Area 1x/year/as needed (price per application) $ Spraying as needed broad leaf weed control (price per application) $ 1x/month/as needed $1x/month/as needed $
Aerating & Thatching $
Per Hour Rates
Maintenance of native grass/naturalized areas
Trail maintenance
Weedeating / Trimming
Landscaping
Clearing, brushing, pruning of vegetation
Appendix C: Maintenance Schedule Zone 1 (LANDSCAPE)
MOWING FREQUENCY:
(TURF AREAS)TRIMMING FREQUENCY:FERTILIZER APPLICATION FREQUENCY:SPRAYING PER APPLICATION WEEDS REMOVAL FREQUENCY:DOG STATION MAINTENANCE GARBAGE TRASH REMOVAL
Additional Services Zone 1: Fixed Per Hour Rates
ADDITIONAL COMMENTS
Parks
Service/Discription
Removal of seasonal debris, leaves, litter
Overseeding turf areas
Garbage removal
$
$
$
$
$
$
$
$
$
$
Mowing
Dog station maintenance
Exhibit A
128
CITY OF BOZEMAN BOUNDARY/TOPOGRAPHIC MAP
Appendix C: Maintenance Schedule Zone 1
MAP/ LOCATION : OVERVIEW LK 1/21
PARKS MAINTENANCE ZONE 1-3 MAP
Exhibit A
129
Title Page:
R.F.P.: Parks & Trail District Landscape Maintenance Services. -Zone 1
ADVAI\ITAliE LandCare
Firm Name: Advantage Spraying Services, Inc -Dba: Advantage Landcare
Address: 114 Wildcat Way Bozeman, MT 59718
Contact: Patrick Doran & Steve Lee
Phone: (406) 924-1882
Email: advantagelandcare@gmail.com
Exhibit B
130
PARK NAME SIT!. DtsCRIPTION
FERGUSON TURF: YESIFAlR lRRIGATION: MEADOWS PARK YES/SMALL/FAIR VAU.EY COMMONS TURF: YES/UNK IRRIGATION: PARK YES/MEOIUM/FAIR LOYAL GARDENS TURF: YES/FAIR IRRIGATION: SUB PARK YES/MEDIUM/FAIR TURF:YES/FAIR VALLEY WEST PARK IRRIGATION: YES/MEDIUM/FAIR NORTON EAST TURF: YES/FAIR IRRIGATION: RANCH SUB PARK YES/SMALL/FAIR
BAXTER MEAOOWS TURF: YES/FAIR IRRIGATION: (MO!llat),PH,1-3 YES/MEDIUM/FAIR FLANDERS CREEK TURF: YES/FAIR SUBDIVISION PARK IRRIGATION: 1'3 YESIMEOIUM/FAIR
BAXTER MEDOWS, TURF:YES/FAIR IRRIGATION: PH.1 Pork1·2 YESIMEOIUM/FAIR
TRACHTIONS SUB TURF: YES/FAIR PHASE 1 PARK 1-4 & rflRtGATION: YES/MEDIUM/FAIR
DIAMOND ESTATES TURF:YES/FAIR IRRIGATION: PUBLIC PARK YES/SMAl.VFAIR
TURF: YES/FAIR OAK SPRINGS PARK IRRIOATION: YES
TURF: YES/FAIR DIAMOND PARK IRRIGATION: YES/SMALUFAIR FOUR POINTS TURF: YESIGOOO MINORSU8475 lRRIGATION: PARK YES/MEDIUM/FAIR
WESTBROOK sue TURF: YES/FAIR 1RRIGAT10N: PUBLIC PARK 1·2 YESIMEDIUIFAIR TURF: UNK THE LAKES AT IRRIGATION: VALLEY WEST PARK YES/MEOIUM/FAIR
SUNDANCE PUBLIC TURF: UNK PARK IRRIGATION: UNK
BOULDER CREEK TURF: YES/FAIR PARK1·2 IRRIGATION: YES/MEDIU/FAtR
ANNIE ST& TURF: YES/FAIR COTTAGE PARKLN IRRIGATION: YESfSMAI.UFAIR TURF: YESJFAIR COTTAGE PARK LN IRRIGATION: YES/MEDIUM/FAIR
IW'II.OCATION LOCATION: {QRE!NAAI!.A
Sanden Avo & Co:odo SL
FrallonSt.&GlnollaWfll (vDCDnt lal'ld) S.Cottnnwaoc1Rd.to GolclonGotoAvo.&South oll..ayalDr.
OuralonRQ.l(la.bcoek$t.& l<lmbollA1'9,ION.COIIOl'IW00d Rd. Bobe:ocicSLtoFcllon & S. Eldorado to Wlllcrtlly o,. KlmbarwlekoSt.toBGXI• &VaqWll'D Pkwy. !ti HIWP« PuckottRd. Anni. SL to Duman Rd. &FlondersCl'MkAva.to Twin Lako1 Av•. Equcatl'1an Ln. to B4IClor Ln.&VoquoroPk\i,y.to Flll'glJ,onAve.
Shllrv.oodWrk'(to Glof'MOOdDr,&Flandorl CNlokAvo loAblglllt Ln. 04kSL&AgotoAvo. Rood buffer Ill Oak & datonllon ponc!Aroa. N. Fcrgucon Avo, IC Yollow!ltcnoAvo,& Ro nova t.n. to Annlo SL Ferguwn Ave. lo Flandlr1 MIII Rd.&OokSLto Tanzonllo Dr. Cattnll SL to Klmborwlcko SL & Mlllchouse Ave. to Ferguson Ave
Annlo St. to Ouratan Rd. &RoaoWaytolaxle)'Dr. W«Jlmorlond Or. toVohl W:,;y [0 N. Louml Pkwy. Ad}t'onlloBronkonSports P""'-Cab4Do Ave. to Davia Ul. &Galt:iwuySLtoBaxt• Ln. GlonoDon Dr. to Annla SL & Laurel Pkwy, ToAblgQG Lo. Smlllllsluipedproport)' comer d Anni• SL & CcullgoPnLn.
Smnll proportyeottag& Pm Ln. ond Honson St.
s.r.,ic.rotscrlptlon
Mowing
°"L"'
1-A
1-B
1-C
1-0
1-E
1-F
1-G
1-H
1-1
1.J
1-K
1-L
1-M
1-N
1-0
1-P
1-Q
1-R
1-S
Wecdc�lna/Trlmmlna ooe: sutlon m.ilntan.inca L.ondm1plnI ClcIrlng.brushlna,prunlns0fvqet:1tl0n Mii!lntcn:inco of native sr.iss/n3tur.illzed areas
Tr.iUm.ilntcn.incc Rt'mov.11 of �.ison.11 dcbrl1, lc,ivc:, litter Ovcrscedll'\llturlarcas
G.1rb.isorcmov.:al
Acr.illng & Thatching
Appendix C: Maintenance Schedule Zone 1 (LANDSCAPE)
IIOWlNG FREQUl!NCY: (TURF AREAS} TRIMUlNO FREQUENCY: FERTlUZER N'PUCAT10H FREQUEHCY: ..... , ...... $ 1'S. =,_ �..k.a OnTutfAl'IIIII c'>) • 1,r/yomiosneedOd(pncct '\�0, (prleapormow) (pncoporlrfnvnlng) \I\ �<>S."-"\ po<-) , ..... , = ,,,_,,-S:"-<-\4ci' OnTur1Areo :,-V •So, b/yoar/as noodDd (?1oo $ \'A.,S. (pricopormow) (prlcoportrimming) -� t""',.l>V-.._f\.., por apptlc:allon) 1 ..... , C."> ,_ -·�--c)..�..., 0nTur1Af'90 (JI;, $ 3U'::>' 1w/yeljr/Unood0d(pr\ce ·��75, (�co por mow) (prtco par b1mmlng) 't'\_ tvlr...t'II"''� POrarr.lk:tl.Uon) 1.,,.Gk 'l\1;6, O'O 1,,._k ?:"'"-'�-On Turf AnMI 2x/yot1rlot •�°\\1,Sb ooodod (prtcepermow) (prieeporlrlmmlng) ' .... t."()l..)'.11\c.. (prtccporappllai!lon) ,,,_,, � -. �\�-OnTurfAr'Oa2x/y$11r{DI
$ \�a-."S. "' •-c:,_75. ,_,., (pricepermow) (prlcepertrlmmlng) \t\. -..l.U-.._f\_....,_ (prlcopcroppllc3Uon) ,,,_, 0-.:. 1-.�...),L'a.-' On Turf� 2J,,/yNr/u ·�\.\C/0,Cb ·��().,_,., (pncopormow) (pnceportr1mtru1g) �-�,I\. .... (pricoporapplic:Dllcn) 1 ..... k O't> 1-,".!f-.c.-\�l(' °" L.owoAnoa ex, ·u..1s.'blyearloanaedect '\\i'S, {p(lcopormo.o., IP""''°'�"""""J \� rA.h,j',\..""'-1-po<..,,i,a,""'J ,_ s 'J..-C..O, = 1-k �<>-.�\..✓ Ool.wm-00 1xlyo0rlu nooded s (/X)· (prtco parmo-N) (pricopcrtrlnvnlng) I'\...._ .1'n�'"-"'-(r;dotperappllc:Allon)
1KM'Ook ·?:>\S."" 1-�e&.._-' On L.awnArc• °" (priceperrna.v) (prieeportrlmrnlng) $ 1Xlyoar/unee6od ·��-·--�w· ... .._(prieo P«' np�c::aUcn)
1x,\,vat1IC s :)l), vi) ,_,°A.<01 v-k� Onl.O'MlAreo r;<:> 1�r/ 111 noodOd $ \d-..5. (pricepermow) (pries per t rimming) <'\::i.AN--. (prlcoporappllcatlon) ,....,, �,_,.�,_,.)__a_.., OoL.owoArao � (prlcapermow) •\oso,{prtceptrb1mmlng) 1x/yoerlunood0d $ 'J_(e '-3:) -,� t"'w..>\""" (pr100poroppl!catlon) ,,,_,, , ..... , ,1:N,\ ...}...>.\:°' OnlaM'IArell bl> (pl'tcopcrmow) $ \()l;b. a<> (pricoportrlnvnlnQ) 1,/year/unNdod • �OC--....... _ ..... i:,,\_rv,,,,.. {-po,-""') , ..... , 'Si\t), at,
1 ..... k ,1:"-�� °""""-1x/yellrlclnoeodtld S \ �'St) .CD (prlcoporma,i,) (ptlcepcrtnnvnlng) -,� �" .... �"" (prlceperappllCllllon)
1 ..... , '""""' s�<'l-'s.v.)..c.� Qol.o,mA,u Cl) • a l.\-S. =1� u needed s '\�°';> . (pricepermow) {prlcepertrlr'M'fflg) --'" ........ (pricaper�) .-,,I'-<,,�OnTurfAIGCI 1 ..... k '\�D-()b 1"'-'< 1xfyo4r/mn� ''36�. u:, (pricopcrrmow) (pric:1:1 por ll'lmmlng) r",..)v"-.�°' � per appllaatlon) \" , ..... , 0V , ..... , ��e\ On TurfAroa (pr1copormow) $ d-.75. (pt'!copcrll'lrrmlng) 17/yeat/arw,oclod •7(::e)' �-.. • -1· ...... (pneeperappUca!Jon)
1-., <>'ti 1-.�� OnTurfAro1111ll/yO,Ol'/u 0:, (pricopormow) •�()D, (price par trimming) ,..,., $1C,D, -.- -.,, Ji�f\..60\ {-po,oppllcotloo) , ..... , 1s. Ct> ,,_, �!\.6-.-,.k� ) OnTurfAmot,-Jycor/n c,, (pr1c:opormow) $ (pr'looperll1ffflling) ,_,., $ \�. 1, ""'-1)..i", ... ""' (pric,D p,or oi,pllaatlon)
1-'SD. cro ,_ -z 6-�.,., On Turf Amil txtyeor/u t:fc:, s-"-"'°'" s \r::f). (pr1cttpormow) (ptk:eperll'tmmlng) \" c----,->�-"" (prioa poro;,plcaUon) Addltk>nal Sl�cn Zone 1: Flud Per HoMr Rates
P•rHourRalN
$ � , <-c "� "-.<>..S-$ '1",, C> f\\.-w....s
s -..n /��� 1---�s ,d.-i:,.... $ --?f:.,, o,;,
$ \..I\ I>., �""'--..,..· ",'\.. $ t_:·7c;.,) !),...,.� . .., ..I $ °'T'\ 'I \_ --v,s· $ i-)lt-... s µ\� s �\ii'sc
lfflAYING l'EJlt N'l'I.ICATlOM WU:011 IWIIOVM. FltfQUENCY: 000 aTATlON llAINnNAMCi! GARMCITRA&HltDIO'IM..
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131
Appendix A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
�\J�b� \ ..-N:'\b.( .o§<L.. (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, J\�-J�L ��C.0-\-L-(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://egualpay.mt.gov/BestPractices/Employers, or equivalent "best practices
publication and has read the material. y�,� S0��°'--"-"- \) __ q,_ ���� Name and title of person authorized to sign on behalf of submitter
Exhibit B
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Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, Engineer III
Shawn Kohtz, City Engineer
Mitch Reister, Public Works Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Respec for Municipal Test Well Design, Aquifer Testing, and Preparation of
Groundwater Application for Beneficial Water Use Permit
MEETING DATE:April 6, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with
Respec for municipal test well design, aquifer testing, and preparation of
Groundwater Application for Beneficial Water Use Permit.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The City’s Integrated Water Resources Plan, adopted by the City Commission
in 2013, recommends development of a municipal groundwater supply
source to help meet the City’s long-range water supply needs. Beyond
increasing available water supply volume, groundwater provides resiliency
for the water City's water utility as it is less susceptible to drought impacts
and is generally immune to wildfire. These qualities are important
considering the City's current surface water supply sources are susceptible
to negative impacts from both of these natural events.
The City entered into the original Professional Services Agreement (PSA) with
the firm of Respec on August 24, 2015 for the groundwater supply project
following a qualifications-based procurement action. The original PSA has
been amended on three previous occasions to sequence the project into
logical and manageable phases with each subsequent phase building upon
the last. Completed phases are described briefly in the following bullets.
• Phase 1 - Development of a valley-wide groundwater steady-state model
using publicly available data to characterize aquifer formations with large
aquifer yield potential. Model used to run steady state pumping and
recharge simulations to evaluate groundwater/surface water interactions to
identify well locations for further study and model refinement.
• Phase 2 - Transition model from steady-state to transient (adds in the
133
dimension of time) to simulate the magnitude and location of surface water
depletions over time. Model domain was generally focused to the Bozeman
Triangle area and south to the Gallatin Mountain Front. Additional model
detail was added within the focus area. (Note: Phase 2 funded by a RDG
Grant from DNRC)
• Phase 3 - Feasibility evaluation of a municipal well site at Bozeman Sports
Park. Perform water quality evaluation using existing available aquifer
quality data. Prepare preliminary source water protection plan and source
water delineation and assessment report. Provide additional spatial
granularity within the transient model environment. Simulate surface water
depletions from pumping well at Sports Park to inform water right mitigation
plan options and aquifer recharge locations.
• Phase 3A - Aquifer recharge site evaluation at existing City-owned
property near the mouth of Leverich Canyon. Collect groundwater elevation
data from instrumented monitoring wells. Evaluate infiltration potential of
site soils. Simulate surface water accretions derived from water infiltration
at the recharge site to evaluate suitability for inclusion in a water right
mitigation plan.
The attached PSA provides for the next phase of the municipal groundwater
project: municipal test well design, aquifer testing, and preparation of a
Groundwater Application for Beneficial Water Use Permit. The agreement
does not take the form of an amendment to the original PSA entered with
Respec for this project. Rather, a new professional services agreement has
been negotiated given the nature of services rendered includes design,
bidding, and construction administration tasks; thus shifting from the
investigation portions of the project completed with Phases 1 through 3A.
UNRESOLVED ISSUES:Approval of the attached PSA is linked to Resolution 5262, which has been
placed alongside the PSA on this April 6, 2021 consent agenda. Said
resolution authorizes City staff to move forward with the exploration,
development, and build-out of a municipal groundwater facility at Bozeman
Sports Park.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Total expenditures to-date for the groundwater project amount to
$405,144.65. Funding contributions have occurred from the Water Fund
through CIP Project W32B (FY2016), the Water Impact Fee Fund through CIP
Project WIF31 (FY2018), and an RDG Grant contribution of $50,000.
The attached PSA contains a total negotiated fee of $197,970 for the agreed
scope of services. The PSA will be largely funded by the unobligated and
unspent balance of $167,650 available to CIP Project WIF31, with CIP Project
WIF32 (FY2021) providing for the difference of $30,320. Sufficient funding is
available to cover the PSA cost.
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Attachments:
PSA w RESPEC for Groundwater Project
Report compiled on: March 25, 2021
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Memorandum
REPORT TO:City Commission
FROM:Anna Rosenberry, Assistant City Manager
SUBJECT:Authorize City Manager to Sign a Third Amendment to the Agreement for
Services with Montana State University for Wastewater Testing Services
MEETING DATE:April 6, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to sign the third amendment to the Agreement for
Services with Montana State University for wastewater testing services.
STRATEGIC PLAN:3.2 Health & Safety Action: Work with our partners to improve education,
public awareness, and to coordinate programs concerning emergency
services, criminal justice, and important social services.
BACKGROUND:Montana State University has asked the City to sign an amendment to our
Professional Service Agreement for COVID related wastewater testing
services. The two previously signed amendments did not specify that the
contract pricing would remain the same for each of the extension periods.
While this was our understanding, the attached amendment clarifies this
agreement pricing.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:The cost of the agreement is $41,281.23 for services provided during the
term of December 31, 2020 through March 31, 2021. This amendment does
not change the price for services; it clarifies that the price for services under
each contract amendment is $41,281.23.
Attachments:
3rd amendment to WRF Testing.pdf
Report compiled on: March 15, 2021
169
THIRD AMENDMENT TO THE AGREEMENT FOR SERVICES
This third Amendment to the Agreement for Services (“Amendment 3”) effective as March 11, 2021, is
entered into by and between City of Bozeman, Montana, (“City”) and Montana State University
(“Contractor”), each referred to individually as ‘Party” and collectively as the “Parties.”
On June 5, 2020, City and Contractor entered into an Agreement for Services (“Agreement”) for
Contractor to conduct certain wastewater testing services (“services”) for City through August 30, 2020.
On October 7, 2020, the Parties entered into an Amendment to the Agreement for Services
(“Amendment 1”) at the City’s request to extend the Services through December 31, 2020. On January
13, 2021, the Parties entered into a Second Amendment to the Agreement for Services (“Amendment
2”) at the City’s request to extend the Services through March 31, 2021. Amendment 1 and Amendment
2 inadvertently failed to include additional payment terms agreed upon by the Parties for the additional
Services through March 31, 2021.
Accordingly, the Parties agree to further Amend the Agreement as follows:
Paragraph 4 of the Agreement shall be amended to read:
“CITY agrees to pay CONTRACTOR the following sums:
1) $41,281.23 for Services provided during the term of June 5, 2020 through August 30, 2020;
2) $41,281.23 for Services provided during the term of August 30, 2020 through December 31,
2020; and
3) $41,281.23 for Services provided during the term of December 31, 2020 through March 31,
2021.
CONTRACTOR agrees that the Services shall be provided for this amount. The amount charged or paid
under this Agreement shall not exceed the agreed amount, except for change of work orders that shall
be considered additional work and shall be agreed to in writing prior to commencement of the
additional work.”
All other terms and conditions of the Agreement remain the same. To express the Parties’ intent to be
bound by this Amendment 3, they have executed this agreement on the dates set forth below.
MONTANA STATE UNIVERSITY CITY OF BOZEMAN, MT
Signature: ______________________________ Signature: ______________________________
By: By:
Title: Associate VP for Research, Economic Development & Title:
Graduate Education
Date: _________________________________ Date: _________________________________
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Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, Engineer III
Shawn Kohtz, City Engineer
Mitch Reister, Public Works Director
SUBJECT:Resolution 5262, Authorizing the Exploration, Development, and Build-out of
a Municipal Groundwater Facility on City Property Located at the Bozeman
Sports Park
MEETING DATE:April 6, 2021
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:City Commission passage and approval of Resolution 5262.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Pursuant to the 2013 Integrated Water Resources Plan (IWRP), the Public
Works Department has been pursuing the development of a municipal
groundwater source to expand the City’s available water supply. The IWRP
identifies a substantial gap between projected long-range water demands
and currently available water supplies. A municipal groundwater source will
close a portion of the projected gap and provide additional water supply
capacity for population growth. In 2015, the City procured the firm, Respec
to provide professional engineering services for the groundwater
development project. The major phases of the project include: 1)
groundwater investigation; 2) test well drilling and aquifer testing; 3) water
right permitting; 4) infrastructure and site design; and 5) construction
administration.
The investigation phase of the project is complete. Conclusions indicate a
large groundwater aquifer exists under the Bozeman Sports Park that
appears to be of sufficient quantity and quality for municipal purposes. The
investigation was primarily a desktop exercise that used existing publicly
available well logs, groundwater data, streamflow data, and geologic
mapping to develop a detailed groundwater model.
The project has now advanced to the test well drilling and aquifer testing
phase. The drilling and testing phase will acquire site specific groundwater
data necessary, in conjunction with the model, to support the water right
permitting phase. The permitting phase requires preparation and submittal
of a beneficial water use permit application with the Montana DNRC. This
permit provides a legal right to appropriate groundwater for municipal
171
purposes if obtained. The Upper Missouri River Basin closure status
significantly complicates the permitting process. In closed basins, a
mitigation plan is required to offset surface water depletions caused by the
permitted groundwater withdrawals. Mitigation water must be provided to
match the timing, amount, and location of surface water depletions under a
plan proving that existing water rights are not adversely affected.
Resolution 5262, attached hereto, authorizes City Staff to proceed with
municipal groundwater facility development at the southeast corner of the
Bozeman Sports Park property. This corner of the Sports Park is currently
master planned as a dog park, irrigation pond, and parks maintenance
building. Exhibit A of the resolution provides a conceptual plan of the
municipal groundwater facility that is co-located with the dog park and
maintenance building. The groundwater well and appurtenant infrastructure
are subject to Montana DEQ and federal Safe Drinking Water Act regulations,
which govern well siting, design, water treatment requirements, and
operations and maintenance. From the perspective of water supply
regulations, a municipal groundwater well and dog park may coexist at the
same location.
At this time, the exact nature of the layout and configuration of the
groundwater facility is undetermined. Many unknowns currently exist,
including: quantity of supply wells and need for replacement or redundant
wells; water treatment requirements under DEQ and Safe Drinking Water Act
regulations; and challenges related to obtaining a municipal groundwater
water right. Should Resolution 5262 be approved, and subject to obtaining a
municipal groundwater water right, the municipal groundwater project
would then commence into the infrastructure and site design phase.
Amendment of the Sports Park Master Plan, as well as Site Plan review and
approval, will occur during this phase under City review processes in place at
that time.
Coordination surrounding the municipal groundwater facility has occurred
between Public Works and Parks Department staff. The Parks Department is
supportive of the project and has collaborated with Public Works on prior
presentations given to the Sports Park Foundation, and the Recreation and
Parks Advisory Board (RPAB). Both the Foundation and RPAB have indicated
conceptual support for the Sports Park municipal well facility.
Please note that Resolution 5262 is linked to the Professional Services
Agreement (PSA) with Respec providing for test well design, aquifer testing,
and preparation of a beneficial water use permit application. The PSA has
been placed alongside the resolution on this April 6, 2021 consent agenda.
UNRESOLVED ISSUES:Approval of the PSA attached hereto is linked to Resolution 5262, which has
been placed alongside the subject PSA on this April 6, 2021 consent agenda.
Said resolution authorizes City staff to move forward with the exploration,
development, and build-out of a municipal groundwater facility at Bozeman
Sports Park.
172
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Not applicable.
Attachments:
Resolution 5262 - Sports Park Municipal Groundwater Facility
Resolution 5262 - Exhibit A
Report compiled on: March 25, 2021
173
RESOLUTION 5262
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE EXPLORATION, DEVELOPMENT, AND BUILD-
OUT OF A MUNICIPAL GROUNDWATER FACILITY ON CITY PROPERTY
LOCATED AT THE BOZEMAN SPORTS PARK
WHEREAS, pursuant to § 7-13-4402, MCA, the City Commission has the power to
adopt, enter into, and carry out means for securing a supply of water for the use of the City and its
inhabitants; and
WHEREAS, on September 30, 2013, the City Commission adopted the Integrated Water
Resources Plan containing recommendations determined to ensure the City maintain an adequate
water supply for its projected demands over the next 50 years, and directed staff to initiate
implementation of the plan including the development of a municipal groundwater supply leading
to the Municipal Groundwater Project ongoing since August 2015; and
WHEREAS, in November 2012, the citizens of Bozeman approved Resolution 4386
authorizing the City pursuant to §76-6-109, MCA, to sell and issue general obligation bonds in the
manner and within the limitations prescribed by applicable laws of Montana for the purpose of
acquiring and improving open-space land and other property consistent with the provisions of the
Open Space Land and Voluntary Conservation Easement Act (“the Act”) (Title 76, Chapter 6, Part
1, MCA). Section 76-6-104, MCA defines open-space land as any land that is provided or
preserved for: park and recreational purposes; conservation of land or other natural resources;
historic or scenic purposes; or assisting in the shaping of the character, direction and timing of
community development; and
WHEREAS, in April 2014, the City Commission approved Resolution 4521 to fund the
Bozeman Sports Park with monies within the Trails, Open Space and Parks Bond Fund created
following the passage of Resolution 4386, and the Commission determined the Bozeman Sports
Park project to fulfill the intent, findings, policy and purposes of the Act and designated the real
property acquired with the funds as open space land for the purposes of compliance with the Act;
and
174
Resolution 5262 – Authorizing Exploration, Development and Build Out of Municipal Groundwater Facility at Bozeman
Sports Park
Page 2 of 2
WHEREAS, the City Commission determines using a portion of open space land at the
Bozeman Sports Park for a well site and related infrastructure is consistent with the approved uses
of open space land specifically with assisting in the shaping of the character, direction and timing
of community development and therefor consistent with the original purpose, dedication and
funding of the property.
NOW THEREFORE BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, as follows:
Section 1
The City Commission hereby authorizes City staff to move forward with the exploration,
development, and build-out of a municipal groundwater facility at the Bozeman Sports Park as
generally described in the concept plan, Exhibit A, attached hereto and made a part hereof. The
City Commission provides said authorization with the understanding that Exhibit A is a
depiction of the general portion of the Sports Park needed to accommodate a municipal
groundwater facility, and the major elements thereof, the actual configuration of which will be
determined as the project proceeds towards completion.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the ____ day of ________, 2021.
___________________________________
CYTHIA L. ANDRUS,Mayor
ATTEST:
____________________________________
MIKE MASS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Marty Matsen, Community Development Director
SUBJECT:Ordinance 2061, Provisional Adoption to Revise Definitions and References
to Clarify a Consistent Meaning and Application of Front Setbacks in all
Zoning Districts. No Changes to Dimensional Standards are Included with this
Amendment. Revise Affected Sections to Implement the Revisions.
Application 20147
MEETING DATE:April 6, 2021
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION: I adopt the findings presented in the staff report for application 20147,
Ordinance 2061 and provisionally adopt Ordinance 2061.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:The City Commission conducted a public hearing on December 15, 2020 to
consider the draft ordinance. There were two public comments on the
application. After conducting the hearing, considering the public comment,
Staff report, and recommendation from the Zoning Commission, the City
Commission unanimously approved the ordinance.
Background analysis originally reviewed by the City Commission in December
is provided in the attached staff report. The ordinance has been revised to
address the concerns for wording consistency identified in public comment.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the City Commission.
FISCAL EFFECTS:None
Attachments:
20147 Ord 2061 Front Setbacks ZCA - CC report.docx
Ordinance 2061 - Definition of front setback 2nd Provisional
Adoption.docx
Report compiled on: March 18, 2021
177
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Page 1 of 9
20147 Staff Report for the Front Setback Definition Text Amendment,
Ordinance 2061
Public Hearings:Zoning Commission meeting - November 23, 2020.
City Commission meeting - December 15, 2020.
Project Description:Revise definitions and references to clarify a consistent meaning and
application of front setbacks in all zoning district. No changes to dimensional
standards are included with this amendment. Revise affected sections to implement
the revisions.
Project Location:Revision to the text is applicable City-wide
Recommendation: Meets standards for approval.
Zoning Commission Motion: Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 20147 and move to recommend approval
of Ordinance 2061; adding a request for staff to consider the comments dated
November 23rd, 2020 from Ryan Krueger and Tyler Steinway to determine whether
the additional clarification is appropriate prior to bringing the amendment forward to
City Commission for consideration.
Recommended City Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 20147,
Ordinance 2061 and move to provisionally adopt Ordinance 2061.
Report:December 1, 2020
Staff Contact:Chris Saunders, Community Development Manager
Agenda Item Type:Action -Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
None.
179
Staff Report for the Front Setback Definition Text Amendment Page 2 of 9
Project Summary
A lack of clarity has been identified relating to certain definitions and how they apply to
establishing where a front setback is applicable. It is important for the City’s regulations to
be clear and effective, especially as affecting infill projects which are often occurring in
constrained circumstances. The amendments improve consistency and clarity of definitions
and terms. There is no change to the physical dimension of a front setback in any district with
this amendment. This amendment is a clarification and does not change how standards were
previously applied or are applied at this time.
Strategic Plan
4.1 Informed Conversation on Growth
Continue developing an in-depth understanding of how Bozeman is growing and changing
and proactively address change in a balanced and coordinated manner.
b) Develop and Align Infill Policies -Develop, adopt and align city policies for infill
and redevelopment, economic development and public infrastructure.
Zoning Commission
The Zoning Commission held their public hearing on November 23, 2020. They recommend
approval of the application as prepared by staff and support evaluation of the inclusion of the
public comment text prior to action by the City Commission. The video recording of the
public hearing is available at
https://media.avcaptureall.com/session.html?sessionid=371be454-ef54-4595-bf43-
c27367d0499d&prefilter=654,3835. Discussion of this item begins at 1:45:20 in the
recording. One public comment was received at the public hearing. The comment is attached.
City Commission Alternatives
1. Provisional adoption of the ordinance with modifications to the recommended ordinance;
2. Denial of the ordinance based on findings of non-compliance with the applicable criteria
contained within the staff report; or
3. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
180
Staff Report for the Front Setback Definition Text Amendment Page 3 of 9
Unresolved Issues............................................................................................................... 1
Project Summary................................................................................................................. 2
Strategic Plan...................................................................................................................... 2
Zoning Commission............................................................................................................ 2
City Commission Alternatives............................................................................................ 2
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 3
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS....................... 3
PROTEST NOTICE FOR ZONING AMENDMENTS........................................................... 7
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND................ 8
APPENDIX B - NOTICING AND PUBLIC COMMENT...................................................... 8
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF ...................... 8
FISCAL EFFECTS................................................................................................................... 9
ATTACHMENTS..................................................................................................................... 9
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the Staff recommends
approval as submitted.
The Zoning Commission held a public hearing on this amendment on November 23, 2020, at
6 p.m. They forward a recommendation of approval to the Commission on the text
amendment.
The City Commission will hold a public hearing on the text amendment on December 15,
2020, at 6 p.m.
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone text amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
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water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a text amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the text
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone text amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met,
Staff considers the entire body of regulations for land development. Standards which prevent
or mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The Bozeman Community Plan 2020, Chapter 5, p. 73, in the section titled Review
Criteria For Zoning Amendments And Their Application, discusses how the various criteria
in 76-2-304 MCA are applied locally. Application varies depending on whether an
amendment is for the zoning map or for the text of Chapter 38, BMC.
“In a text amendment, policy statements weigh heavily as the standards being created or
revised implement the growth policy’s aspirations and intent. The City must balance
many issues in approving urban development.”
The proposed amendment does not change the zoning map. Therefore, it is unnecessary to
analyze compliance with the future land use map.
The basic planning precepts, page 20, includes “The needs of new and existing development
coexist and they should remain in balance; neither should overwhelm the other.” Clarity of
meaning and application helps ensure consistent application of existing standards as new
applications are submitted. This supports balance and harmonious coexistence for existing
and new development.
“N-3.7 Support compact neighborhoods, small lot sizes, and small floor plans, especially
through mechanisms such as density bonuses.” Compact neighborhoods have less room for
reconfigurations of plans and the importance of consistent application of standards is
heightened due to how near the buildings are to each other. This proposed amendment
improves clarity of meaning and consistency of application.
No conflicts with the growth policy text or future land use map have been identified.
B. Secure safety from fire and other dangers.
Yes. Previously adopted standards in Chapter 38, BMC address this criteria. Those standards
are not being changed. Front setbacks provide locations for telecommunications which
supports emergency services dispatch and response. The proposed amendment provides
additional clarity about when front setbacks are required.
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C.Promote public health, public safety, and general welfare.
Yes. Front setbacks serve multiple purposes including supporting privacy of adjacent homes,
enabling provision of private utilities such as power and telecommunications, provide for
water infiltration thereby lessening storm water runoff, and provide green spaces in an urban
environment. All of these purposes advance public well-being.
No changes to dimensions of required setbacks in individual districts are changed with this
amendment. All established setbacks have been found to meet this criteria.
D.Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. The City conducts extensive planning for municipal transportation, water, sewer,
parks, and other facilities and services provided by the City. The adopted plans allow the
City to consider existing conditions and identify enhancements needed to provide additional
service needed by new development. The City implements these plans through its capital
improvements program that identifies individual projects, project construction scheduling,
and financing of construction. Schools are provided by School District 7 and allowed uses
are not affected by this amendment.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure. All zoning
districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision
or site plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
The City’s standards specify placement of easements along the front of lots to enable
provision of utilities with new development; and with redevelopment where appropriate. No
changes to dimensions of required setbacks in individual districts are changed with this
amendment. All established setbacks have been found to meet this criteria.
E.Reasonable provision of adequate light and air.
Neutral. No changes to dimensions of required setbacks in individual districts are changed
with this amendment. All established setbacks have been found to meet this criteria.
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F.The effect on motorized and non-motorized transportation systems.
Neutral. The proposed amendment does not modify development standards for circulation,
parking, traffic control, or other standards related to this criteria.
G.Promotion of compatible urban growth.
Yes. Establishment of setbacks is an important component of compatibility. Setbacks define
the open areas required on private property. The interface between streets and buildings is a
key element in defining site character, coordinating utility locations, and other elements of
compatibility. The proposed amendment brings improved clarity and consistency to several
related standards affecting setbacks between a street and buildings.
H.Character of the district.
Neutral. Section 76-2-302, MCA says “…legislative body may divide the municipality into
districts of the number, shape, and area as are considered best suited to carry out the purposes
[promoting health, safety, morals, or the general welfare of the community] of this part.”
Emphasis added.
This proposal amends the text, not the zoning map. All zoning districts have established
setbacks. No element of this amendment modifies the setback standards of any zoning district.
The character of the districts created by those standards remains as presently set. The
amendment provides clarity and consistency in application of the previously adopted setback
standards for front setbacks.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. Application of any municipal zoning district to the subject property will alter
the existing character of the subject property which is a rural individual home with agricultural
buildings. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it
provides a structured method to consider changes to the character.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited to,
variety of architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design, density
or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development to be compatible
with adjacent development and uphold the residential character of the area.
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I. Peculiar suitability for particular uses.
Neutral. No changes to allowed uses in zoning districts happen with this amendment. No
changes to dimensions of required setbacks in individual districts are changed with this
amendment. All established setbacks have been found to meet this criteria.
J. Conserving the value of buildings.
Neutral. This change will only apply to applications occurring after adoption, should
adoption occur. The amendment does not change applicable standards for size of setbacks.
K.Encourage the most appropriate use of land throughout the jurisdictional
area.
Neutral. The proposed amendment does not alter allowed uses in zoning districts or the
zoning map. Consistency of regulations does make it easier to plan for and execute
development throughout the City.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
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APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The City processes hundreds of land development applications each year. As the code is
applied to those applications issues appear where applicants and designers understand the
code differently than City Staff. The Staff monitors for those “frequent flier” issues to
understand where the code is not adequately clear. Questions of how various definitions
affect where a front setback is properly applied has recently come up on several projects.
The City used to have a different code structure for front setbacks that differentiated between
“front” and “corner-side” setbacks. This was established because front setbacks used to be
much larger in residential and many non-residential districts and “corner-side” setbacks were
smaller. When the front setback was reduced to the same size as corner-side setbacks it
became unnecessary to have two ways to talk about different dimensional standards for the
area where lots are adjacent to a street. The term corner-side setback was removed and
revisions made to match up the text to all circumstances where a street is adjacent to a lot. It
has become apparent that additional work is needed to make the code as clear as is desired.
The proposed amendment is primarily changes to definitions. It does not change any
dimensional setback for a building from a street.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was
published in the Bozeman Daily Chronicle as required and contained all required elements.
Notice was provided at least 15 days before the Zoning Commission public hearing, and not
more than 45 days prior to the City Commission public hearing. Hearing dates are on the first
page of this report.
One public comment was received for this application. The comment suggested revisions to
proposed text to include in definitions references to other elements of code standards. Several
revisions were made to the ordinance text to address the comments.
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant:City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative:Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman MT 59771
Report By:Chris Saunders, Community Development Manager
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FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Ordinance 2061
Public comment to date
187
Page 1 of 6
ORDINANCE NO. 2061
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA REVISING THE BOZEMAN MUNICIPAL CODE’S STANDARDS FOR
FENCES, WALLS AND HEDGES IN A FRONT SETBACK AND AMENDING SEVERAL
DEFINTIONS RELATED TO FRONT SETBACKS INCLUDING AMENDING SECTION
38.350.060 (FENCES WALLS AND HEDGES), 38.700.070. –F (DEFINITIONS), SECTION
38.700.110. – L (DEFINITIONS), SECTION 38.700.160 – R (DEFINITIONS), AND
SECTION 38.700.170. – S (DEFINITIONS).
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of Section
76-2-304, MCA; and
WHEREAS,City is committed to reviewing and improving the Unified Development
Code; and
WHEREAS,the City has developed a platform to submit revisions to the Unified
Development Code to improve overall functionality and ease of use; and
WHEREAS,it has been identified that the definition of “Front Setback” is inadequately
clear in conjuction with the definition of “Lot Frontage”; and
WHEREAS,definitions for and applications of setbacks have significant impacts on infill
and other small lot development; and
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WHEREAS,it is in the interests of the City and public welfare to clarify the definition of
“Front Setback” and related defintions.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That section 38.350.060.A of the Bozeman Municipal Code be amended as follows:
Sec. 38.350.060. - Fences, walls and hedges.
A. Location and height.Except as provided in section 38.400.100, fences, walls and hedges in
any district may be located on lot lines, provided such fences, walls and hedges comply with
the following height requirements:
1. Do not exceed six feet in height in any required rear or required side setback. Fences
exceeding six feet in height must be subject to the minimum setback requirements of the
district in which such fences are located. Decorative post caps may exceed the height
limit by no more than one additional foot. Fences in excess of six feet in height require a
building permit before installation may commence. Fences may not exceed eight feet in
height.
a. A gate may be provided which defines an entrance point. The gate may have a
defining structure so long as the defining structure is not more than one foot wide on
either side of the gate. Gate structure heights may not exceed twice the allowed fence
height.
2. For lots with one front setback, do not exceed four feet in height in the front setback. Lots
with more than one front setback, do not exceed four feet in the setback adjacent to the
street on which the property has its assigned address. In non-addressed front setbacks,
fences must not exceed four feet in height in the portion of the front setback that is
adjacent to the building façade nearest the front setback. Do not exceed four feet in height
in any required front lot line setback or any portion of a required wider front lot line that
is forward of the rear edge of the building façade nearest the front lot line setback.
Decorative post caps may exceed the height limit by no more than one additional foot.
3. Fences used in an agricultural pursuit to retain stock animals or for public safety must be
excepted.
4. The height of fences located in the B-3 district must meet the requirements of this section
for any provided, not required, setbacks.
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Section 2
That section 38.700.070 of the Bozeman Municipal Code be amended as follows with all other
portions of the section remaining unchanged:
Front setback.A setback extending across the full width of all sides of a lot that abuts a street.
across the full width of the lot between two side lot lines, the depth of which is the least distance
between the street right-of-way and the front building line;
Section 3
That section 38.700.110 of the Bozeman Municipal Code be amended as follows with all other
portions of the section remaining unchanged:
Lot measurements.
A. Lot depth. The horizontal distance of a line measured at a right angle to the front lot
line and running between the front lot line and rear lot line of a lot.
B. Lot width. The distance as measured in a straight line, between side lot lines at the
points of intersection with the required front building line.
C. Lot frontage. The horizontal distance between the side lot lines measured at the point
where the side lot lines intersect the street right-of-way. All sides of a lot that abuts a
street are considered frontage. On curvilinear streets, the arc between the side lot lines
is considered the lot frontage.
D. Lot area. The total horizontal area within the boundary lines of a lot.
Lot line, front.In the case of an interior lot, a line separating the lot from the street, in the case of a
or a corner lot, a line separating the narrowest street frontage of the lot from the street and in the
case of a double frontage or through lot, a line separating the lot from the street from which a drive
access may be permitted by the city.
Lot line, rear. A lot line which is opposite and most distant from the front lot line, in the case of a
corner lot the lot line opposite and most distant from the narrowest front lot line, and, in the case of
an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the
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Ordinance 2061, Revise Front Setback Definition
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maximum distance from the narrowest front lot line. A lot with street frontage on all boundaries
does not have a rear lot line.
Lot width. The distance as measured in a straight line, between property boundaries side lot lines at
the points of intersection with the front setback required front building line along the narrowest
street frontage.
Section 4
That section 38.700.160 of the Bozeman Municipal Code be amended as follows with all other
portions of the section remaining unchanged:
Sec. 38.700.160. - R definitions.
Rear setback.A setback extending across the full width of the lot between the two side lot
lines, the depth of which is the distance required by this chapter between the rear
property line and the rear building located adjacent to the rear lot line.
Section 5
That section 38.700.170 of the Bozeman Municipal Code be amended as follows with all other
portions of the section remaining unchanged:
Sec. 38.700.170. - S definitions.
Street frontage.Any property line separating a lot from a street other than an alley.; the front
lot line.
Section 6
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
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Ordinance 2061, Revise Front Setback Definition
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the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 7
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.
Section 8
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 9
Codification.
This Ordinance shall be codified as indicated in Sections 1-5.
Section 10
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 6th day of April 2021.
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____________________________________
CYNDY ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regularsession thereof held on the 20th of April,
2021. The effective date of this ordinance is ______________, 2021.
_________________________________
CYNDY ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
193
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Martin Matsen, Community Development Director
SUBJECT:Ordinance 2068, Final Adoption to Amend 19 Acres from B-2 Community
Business District to B-2M Community Business District - Mixed, Located
Approximately 650 feet West of the Intersection of Huffine Lane and
Cottonwood Road, Baxter Creek 2021 Zone Map Amendment, Application
20387
MEETING DATE:April 6, 2021
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Final adoption of Ordinance 2068 to Amend 19 Acres from B-2 Community
Business District to B-2M Community Business District - Mixed.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The City Commission conducted their public hearing on the preliminary
approval of this amendment on February 9, 2021. There was no public
comment and the application received unanimous approval. Analysis of
review criteria and Zoning Commission recommendation on the application
is included in the packet for the February 9, 2021 public hearing. Provisional
adoption of the ordinance occurred on March 23, 2021.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the City Commission.
FISCAL EFFECTS:None.
Attachments:
Ordinance 2068.docx
BAXTER CREEK 2021 ZMA- MAP.pdf
Report compiled on: March 4, 2021
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Ord 2068
Page 1 of 4
ORDINANCE 2068
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO AMEND THE
ZONING DESIGNTION ON 19 ACRES FROM B-2 COMMUNITY BUSINESS TO B-2M
COMMUNITY BUSINESS DISTRICT- MIXED, BAXTER CREEK 2021 ZONE MAP
AMENDMENT, APPLICATION 20387.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Division 260, Part 2 of the Bozeman Unified Development Code
sets forth the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment application to amend the City of
Bozeman Zoning Map has been properly submitted, reviewed, and advertised; and
WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing
on January 25, 2021 to receive and review all written and oral testimony on the request for a zone
map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 20387, the Baxter Creek 2021 Zone Map Amendment, be
approved as requested by the applicant; and
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Ordinance No. 2068, Baxter Creek Zone Map Amendment
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WHEREAS, after proper notice, the City Commission held its public hearing on February
9, 2021, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That the zoning district designation of the following-described property is hereby designated as
B-2M, Community Business District - Mixed:
Located in a portion of the southeast 1/4 of the southeast 1/4
of Section 9, Township 2 South, Range 5 East, P.M.M.
City of Bozeman Gallatin County, Montana, and being more particularly described as
follows:
Commencing at the E 1/16th corner of Sections 9 & 16, thence N 47°55'22" E a distance
of 56.02 ' to the centerline of Huffine Line, and the Point of Beginning.
thence N 00°52'59" E a distance of 1325.46' to the centerline of Fallon Street;
thence along said centerline N 89°03'42" E a distance of 621.90';
thence leaving said centerline, S 00°42'43" W a distance of 1329.58' to the centerline of
Huffine Lane;
thence along said centerline, S 89°27'00" W a distance of 625.75' to the Point of
Beginning.
Having an area of 827,830 square feet, 19.00 acres, more or less.
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
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Ordinance No. 2068, Baxter Creek Zone Map Amendment
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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.
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 not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments”
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 23rd day of March 2021.
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Ordinance No. 2068, Baxter Creek Zone Map Amendment
Page 4 of 4
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
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 6th of
April 2021. The effective date of this ordinance is __________ __, 2021.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
198
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C/S #1
4
5
6
Tract 1
Zoning
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U
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N
0
0
°
5
2
'
5
9
"
E
13
3
2
.
3
2
'
SE 1/16th Corner
Section 9
FND aluminum cap
E 1/16th Corner
Section 9 & 16
Re-established from
Loyal Gardens Plat
S 89°11'52" W
1333.88'
E 1/16th Corner
Section 9 & 16
Re-established from
Loyal Gardens Plat
Norton
E
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625.75'
S
0
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W
13
2
9
.
5
8
'
N 89°03'42" E
621.90'
827831 Sq. Feet
19.00 Acres
P.O.B.
N 47°55'22" E
56.02'
S
S
S
SSS
HYD
HYD
HYD
SCALE BARBASIS OF BEARING
Baxter Creek 2021 Zone Map Amendment
Located in a portion of the southeast 14 of the southeast 14
of Section 9, Township 2 South, Range 5 East, P.M.M.
City of Bozeman Gallatin County, Montana
2 3 0 4 N. 7th A V E S T E L , B O Z E M A N , M T 5 9 7 1 5
P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5
w w w . h y a l i t e e n g . c o m
0'100'200'300'
DRAWN
SJM
DATE
2/16/2021
ZONING
AMENDMENT
MAP
SCALE
1"=100'
SHEET
1 0F 1
PROJECT NUMBER
203430
1/4 SEC T R
9 2S 5EGeodetic North
based on the Bobcat LDP
LAT. 46°15'00.00" NORTH
LONG. 111°15'00.00" WEST
LEGAL DESCRIPTION
Located in a portion of the southeast 14 of the southeast 14
of Section 9, Township 2 South, Range 5 East, P.M.M.
City of Bozeman Gallatin County, Montana, and being more particularly described as follows:
Commencing at the E 1/16th corner of Sections 9 & 16, thence N 47°55'22" E a distance of
56.02 '
to the centerline of Huffine Line, and the Point of Beginning.
thence N 00°52'59" E a distance of 1325.46' to the centerline of Fallon Street;
thence along said centerline N 89°03'42" E a distance of 621.90';
thence leaving said centerline, S 00°42'43" W a distance of 1329.58' to the centerline of
Huffine Lane;
thence along said centerline, S 89°27'00" W a distance of 625.75' to the Point of Beginning.
Having an area of 827,830 square feet, 19.00 acres, more or less.
CERTIFICATE OF SURVEYOR
I, the undersigned, Shannon J. Marinko, Registered Land Surveyor, do hereby certify that this
Zoning map and legal description were prepared by me.
DATED this day of , A.D., 2021.
Shannon J. Marinko #LS-14456
Hyalite Engineers, PLLC.
199
Memorandum
REPORT TO:City Commission
FROM:Cynthia L. Andrus, Mayor
SUBJECT:Equal Pay Day
MEETING DATE:April 6, 2021
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Proclaim Equal Pay Day
STRATEGIC PLAN:7.1 Values-Driven Culture: Promote a values-driven organizational culture
that reinforces ethical behavior, exercises transparency and maintains the
community’s trust.
BACKGROUND:On June 8, 2015 the City Commission adopted Resolution 4601 in which it
committed to commemorate Equal Pay Day each year.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: March 30, 2021
200
Memorandum
REPORT TO:City Commission
SUBJECT:Equal Pay Presentation
MEETING DATE:April 6, 2021
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Special Presentation
STRATEGIC PLAN:7.2 Employee Excellence: Recruit, retain and value a diverse, well-trained,
qualified and motivated team capable of delivering superior performance.
Be accountable and expect accountability from others. Make demonstrated
use of good judgement a part of the evaluation process for promotions.
BACKGROUND:Presentation in accordance with Resolution 4601, adopted in 2015.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:None.
Attachments:
Equal Pay 2021 Presentation.pdf
Equal Pay Day and City Progress Report 2021 ar.docx
Report compiled on: March 29, 2021
201
3/29/2021 1
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212
MEMO
To:Jeff Mihelich, City Manager
From:Anna Rosenberry, Assistant City Manager
Jamie Norby, Interim Human Resources Director
Date: March 26, 2021
Re: City Progress Report – Equal Pay
On June 8, 2015, the City Commission passed Resolution 4601, Equal Pay for Equal Work, which
committed the City to collect data, identify best practices, evaluate employment practices against the
“Thrive Index”, and commemorate Equal Pay Day annually. As an indication of how important this
resolution is, the Montana Equal Pay for Equal Work Task Force recommends Bozeman’s resolution as a
practice for other local governments to consider adopting in their 2020 Task Force Report.
This year we return with:
A. City Employee Earnings, by Gender & Education
B. City Full Time Employees, by Gender & Department
C. City Full Time Employees, Top 25% Earnings details
D. City Full Time Employees, Bottom 25% Earnings details
E. Past Year Policies and Practices to Impact Gender Pay Equity
F. Historic applicant and employee data tracked for specific positions
G. City of Bozeman Thrive Index assessment.
Since Resolution 4601 was adopted, the City’s Human Resources Department has thoroughly analyzed
and documented pay for existing employees. Pay discrepancies within job classes are easily explained by
data in the City’s Human Resources Information System (HRIS), and often point to time in position and
level of education and experience at the time of hire.
A.City Employee Earnings, by Gender & Education: We again analyzed employee data to provide
earnings information by gender and level of education. The results show the City does fares
significantly better than state averages that compare gender and level of education.
213
According to the 2016 American Community Survey 5-Year Estimates, women with a Bachelor’s
degree earned 67.9% of what men with a Bachelor’s degree earn (chart, above). Our data this
year shows that women at the City of Bozeman earn 74.3% of what men at the City of Bozeman
with a Bachelor’s degree earn (chart, below). Data regarding the “gap” between women’s and
men’s 2020 earnings at the City of Bozeman is shown below.
Source: City of Bozeman, Human Resources Dept, 12/31/2020
Since last year, the “gap” between the earnings of male and female employees has decreased
for all levels of education past high school. The “gap” increased for those with a high school
diploma. Data regarding the “gap” between women’s and men’s 2019 earnings at the City of
Bozeman is shown below.
0%
74.5%
70.7%
74.3%
76.7%
0%10%20%30%40%50%60%70%80%
Less than high school graduate
High school graduate
Some college or associate's degree
Bachelor's degree
Graduate or professional degree
2020 City of Bozeman Median Earnings for Women as a
Percent of Men's by Education Attainment
214
Source: City of Bozeman, Human Resources Dept, 12/31/2019
B. City Full Time Employees, by Gender & Department:
Previously, we have produce information regarding gender-by-department within our full-time
workforce. Later in the report, we will show more details of the characteristics of these 375 full-time
employees, as measured on December 31st, 2020.
0.0%
76.0%
64.0%
73.0%
72.2%
0%10%20%30%40%50%60%70%80%
Less than high school graduate
High school graduate
Some college or associate's degree
Bachelor's degree
Graduate or professional degree
2019 City of Bozeman Median Earnings for Women as a
Percent of Men's by Education Attainment
0 10 20 30 40 50 60 70 80 90 100
City Manager
Economic Development
Fire
IT
Library
Parks & Rec
Public Works
Number of Employees
City Departments - Employees by Gender
Female Male
215
Departments -Employees by Gender Female Male Total
City Manager 4 3 7
Community Development 9 16 25
Economic Development 1 5 6
Finance 9 2 11
Fire 3 46 49
HR 3 1 4
IT 0 9 9
Legal 10 3 13
Library 16 2 18
Municipal Court 8 1 9
Parks & Rec 10 23 33
Police 8 62 70
Public Works 12 99 111
Strategic Services 5 5 10
Total 98 277 375
C. City Full Time Employees, Top 25% Earnings details:
The information below shows the characteristics of the City’s top 25% of full-time employee wage
earners as of December 31st, 2020.
10.6%
89.4%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
80.0%
90.0%
100.0%
Female Male
2020 Top 25% Earners by Gender
216
At 10.6% of the top 25% of headcount, women are now a significantly larger percentage of the top 25%
of earners in 2020 as compared to our 2019 data, below.
Graduate
26%
Bachelors
38%
Associates
14%
Some College
18%
High School
Diploma/GED
4%
Less Than High
School
0%
Top 25% of Earners by Education Level
0.0%1.1%
51.1%
25.5%22.3%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
Teamster MFPE Non-Rep Police Fire
Top 25% Earners by Union Representation
217
D. City Full Time Employees, Bottom 25% Earnings details:
The information below shows the characteristics of the City’s bottom 25% of full-time
employee wage earners as of December 31st, 2020.
7.4%
92.6%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
80.0%
90.0%
100.0%
Female Male
2019 Top 25% Earners by Gender
45.7%48.9%
5.3%
0.0%0.0%0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
Teamster MFPE Non-Rep Police Fire
Bottom 25% Earners by Union Representation
218
E. Past Year Policies and Practices to Impact Gender Pay Equity
The City is committed to continually improving processes and policies in order to accomplish goals
related to diversity and pay equity. Over the past year, we have been nimble and supportive in our
response to the COVID-19 pandemic and how it has impacted our workforce
The COVID-19 pandemic has drastically altered the workplace and national data shows that its impacts
on women have been substantially larger than its impacts on men. Much of this has to do with childcare.
A study done by the Bipartisan Policy Center and Morning Consult found that more than 70% of parents
with children under age 5 have seen changes to their options for childcare, including child care closing or
operating with limited hours or space. Most of the responsibility for filling this gap falls to women, and
nationally we are seeing a disproportionate number of women being driven from the workforce.
The City of Bozeman has offered programs to our staff throughout the pandemic that will hopefully
offset this occurrence and limit the impact of childcare disruptions on our own workforce.
First, the City offered paid leave at the beginning of the pandemic through June 15th, 2020. This was a
significant investment in staff, especially in those who had lost childcare or were now needed to be
present for their child’s virtual learning because schools and daycares had closed. Staff were able to
retain their jobs while caring for their children in these unprecedented times.
After this ended, employees had access to Emergency Paid Sick Leave (EPSL) through the federal
government. After EPSL expired on December 31st, 2020, the City chose to extend the EPSL program.
The City felt it important to keep the benefit and help ensure the safety of our workforce.
Graduate
8%
Bachelors
40%
Associates
9%
Some
College
11%
High School
Diploma/GED
32%
Less Than High School
0%
Bottom 25% Earners by Education Level
219
Our recreation programs also operated throughout the summer. They were open to employees and the
general public. We were one of a few programs that continued to operate during this time, maintaining
opportunities for our workforce and their children.
During the fall, the City created a child care program for school aged children, as schools engaged in
hybrid learning models. This program, called Operation Rec Ed, was offered to City staff and provided
free of charge. Its hours of operation went beyond the normal school day, from 7:45am-5:30pm. It
offered learning pods for children on the two remote learning days per week. Rather than being at
home, these children were able to complete their schoolwork and participate in fun programming with
the MSU Tech Club and Public Library. Therefore, staff were able to come to work for these two days
rather than having to supervise their children’s remote learning. This was a successful and safe option
that kept many parents in the workforce through the fall season.
In 2020 we also started work on our Inclusive City project. While initially focused on race equity, these
items will also positively impact inclusion for minorities of all types in our workplaces. Human Resource
Department initiatives include diversity training, an employee engagement survey, review of the
performance appraisal system, and an update to advertisements for vacancies. One item in our Inclusive
City project is to review the Thrive Index. After doing so, we are considering expanding parental leave.
We will see more progress on these initiatives in 2021.
F. Historic applicant and employee data tracked for specific positions:
1. Female Applicants for Police Officer Positions: The number of female applicants for police
officer positions has held steady from the prior year, but is less than in previous years.
2020 – 14
2019 – 14
2018 – 29
2017 – 33
2016 – 30
2015 – 15
2. Female Police Officers on Staff: The number of female police officers on staff has declined from
the prior year (shown as a percentage of current officers on staff).
2020 – 4, (6.9%)
2019 – 5, (8.3%)
2018 – 3, (6.9%)
2017 – 6, (9.2%)
2016 – 5, (7.7%)
2015 – 3, (4.6%)
2014 – 2, (3%)
3. Female Applicants for Firefighter positions: We started tracking this data in 2019 and did not
have a recruitment in 2020.
220
2020 – 2
2019 – 5
4. Female Firefighters on Staff: In 2019 we hired our first female firefighters in the history of the
department, and have continued to retain them. The number of female firefighters on staff has
remained the same, but the percentage of officers on staff has declined from the prior year.
(Shown as a percentage of current officers on staff.)
2020 – 2, (4.2%)
2019 – 2, (4.1%)
5. Female Teamster Employees on Staff: The number of female employees in the Teamster union
(Public Works/Parks/Facilities) has continued to increase in both number and percentage of
current staff.
2020 – 8, (7.9%)
2019 – 7, (6.9%)
2018 – 6, (5.9%)
2017 – 6, (6.1%)
2016 – 7, (7.3%)
2015 – 5, (5.2%)
We believe it is critical to continue to utilize best practices in administering pay:
Pay based on market data for positions
o Collective bargaining rules apply for our Police, Fire, MFPE and Teamster Unions.
o Annual increases are based on pre-set steps, and are applied uniformly
Pay transparency
o Pay rates are available for all positions. There is no prohibition or punishment for
discussing pay with anyone, including co-workers, supervisors, or Human Resources
G. City of Bozeman Thrive Index assessment:
The City has been consistent in upholding the objectives put forth in the THRIVE Index, as hiring and
employment practices are designed to be fair and equitable to all applicants and employees.
No changes have been made in our general response this year, but as part of our Inclusive City project,
we met on January 8th to review the best practices of the THRIVE Index. In this meeting, we identified
some areas where we can consider additional updates to policies. While each year we have continued to
evaluate employment practices against the Thrive Index with very good results (see below), we wanted
to look holistically and reconsider further policy changes, such as paid parental leave. In considering
expanding our paid parental leave program, we are working with a group of engaged employees and will
be analyzing recommendations.
221
CITY OF BOZEMAN AND THE THRIVE INDEX
Adequate wages and benefits City of
Bozeman
Comment
Are part-time workers paid the same (per hour, including benefits)
as full-time workers performing the same or similar tasks?
Y
Are most part-time workers guaranteed a minimum number of hours
per week? If not, are there ways they could be?
Y Some departments
guarantee a range of
hours vs. a set schedule -
i.e. at least 12, but not
more than 18
Are workers who remain on the job for a specified period of time
eligible for a pay increase?
Y
Are workers who remain on the job for a specified period of time
eligible for paid sick leave for themselves or to care for a family
member?
Y
When job-skill demands or responsibilities increase, are wages
adjusted upward?
Sometimes The City works to ensure
employees are working
within their class
specification.
Reclassifications and/or
promotions are the
avenue for pay increases,
and department heads
request those during the
annual budget process.
Are workers paid for their entire scheduled shift, even if business is
slow?
Sometimes Employees get paid for
the hours they work.
Shifts are not typically
cut short, but if there is
an urgent need to close a
facility, employees would
not be paid for the
closure. This rarely
happens.
Are hourly wages higher for nonstandard shifts, such as nights or
weekends?
Sometimes Depending on the
Collective Bargaining
Agreement, there may be
shift premiums.
Opportunities for Upward Mobility
Do low-wage workers have opportunities for on-the-job or cross-task
training or outside educational opportunities that can lead to upward
mobility?
Y
Can schedules accommodate workers’ pursuit of educational
opportunities?
Sometimes The City makes every
effort to accommodate
employees’ requests for
time off and/or modified
schedules. However,
based on the need to
efficiently and safely
222
operate City business, not
every request can be
granted every time.
When skill demands or job responsibilities increase, is training
provided for newly assigned tasks?
Y
Can workers cross-train in different areas to increase their flexibility
and value to the company (recognizing that outsourcing of some
functional areas or other factors may prohibit this)?
Y
Are there opportunities for upward mobility within the company that
do not require geographic relocation?
Y
Support for personal and family needs
Can worker breaks be scheduled to accommodate the need for
phone calls at pre-specified times for working caregivers?
Y
Are occasional calls for urgent matters allowable? Can children or
caregivers call an employee at work when necessary?
Y
Are workers who remain on the job for a specified period of time
eligible during their regular work hours to care for their health or a
family member’s without losing pay (e.g., able to leave for an hour
or two for a trip to the doctor)?
Y
Can personal time be taken in small increments of an hour or two
(for doctor’s appointments, parent-teacher conferences, educational
opportunities, etc.)?
Y
Do you offer paid or unpaid maternity or paternity leave for
workers? Is the length of this leave negotiable?
Y Paid time is offered
through employee
accruals, our Sick Leave
Bank, and our Direct
Donation policies, and
can be used for the entire
absence (at 100% pay)
Work scheduling, predictability, and flexibility
Is there a systematic way for workers to communicate their
preferences for hours and schedules? If not, could some such system
be implemented?
Y
Does the shift/hours scheduling system take account of workers’
constraints and preferences?
Y
Are work schedules announced more than a day or two in advance?
Can workers trade shifts with colleagues when time conflicts
develop (allow “shift-swapping”)?
Y
If workers are asked to stay beyond the end of scheduled shifts to
finish assignments or for administrative procedures, are they given
advance notice of when this may be required?
Y
Does the measured workload take into account the quality or
difficulty of tasks along with simpler measures of the number of
customers, clients, or patients?
Y
Autonomy, respect, and trust
223
Are workers protected from “no-fault” absence or tardiness policies
(ones that lead to disciplinary actions or dismissal, even for excused
absences)?
Y
Are workers allowed or encouraged to contribute ideas to better
organize or improve their work teams or work areas?
Y
Can workers occasionally make personal phone calls?Y
224
Memorandum
REPORT TO:City Commission
FROM:Anna Saverud, Assistant City Attorney
Greg Sullivan, City Attorney
SUBJECT:Ordinance 2073, Provisional Adoption Amending Chapter 22, BMC, Creating
a Second Full Time Elected Office of Municipal Court Judge
MEETING DATE:April 6, 2021
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:I move to provisionally adopt Ordinance 2073 amending Chapter 22, BMC to
create the office of a second full-time elected municipal court judge and
eliminating the position of part-time assistant judge when the newly elected
second municipal court judge takes office on January 3, 2021.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:The City of Bozeman’s Charter provides at Sec. 4.05 that there shall be a
municipal court as prescribed by state law. Montana Code Annotated §3-6-
201 historically provided for the position of a part-time assistant municipal
court judge. Chapter 22 of Bozeman Municipal Code codified the part-time
assistant municipal court judge position for the Bozeman Municipal Court.
Since 2009, the judge filling the part-time position has been selected by the
elected municipal court judge and has served for the duration of the elected
judge’s term, subject to approval by the Commission.
The 2021 Montana Legislature amended §3-6-201, MCA to remove part-time
assistant municipal court judges, in Senate Bill 127. This bill had bipartisan
support passing the Senate 50-0 and the House 74-24. At the time of
publication of this memorandum, the bill is currently in the enrollment
stages waiting to be signed by the governor. There is no indication this bill
will be vetoed. The bill requires all judges serving in municipal courts in the
State of Montana to be elected. The bill is effective a year after passage and
approval.
Ordinance 2073 amends the Bozeman Municipal Code to remove
authorization for part-time assistant judges and create the office of a second
full-time elected municipal court judge. To ensure compliance with the
effective date of SB127 and to avoid the need for a special election, this
ordinance is brought before the Commission so it may obtain provisional
and final approval in time for the opening of candidacy filings for the
November 2021 general election. Candidates may begin filing on April 22,
225
2021. Please refer to section 2 of the Ordinance. This ordinance will not
affect the ability of the municipal court to appoint temporary judges.
UNRESOLVED ISSUES:None
ALTERNATIVES:Continue to operate with one full-time elected municipal court judge but no
part-time assistant judge.
FISCAL EFFECTS:Currently the appointed and confirmed assistant judge is a .75 FTE so the
fiscal effect will be in making that position full-time. There has also been a
request made for additional support staff that will be addressed in the City
Manager's requested budget.
Attachments:
Ordinance 2073.docx
SB0127.pdf
Report compiled on: March 29, 2021
226
Ordinance 2073, Creation of Second Municipal Court
Page 1 of 5
ORDINANCE NO. 2073
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA CREATING A SECOND OFFICE OF MUNICIPAL COURT JUDGE,
AMENDING CHAPTER 22 OF THE BOZEMAN MUNICIPAL CODE, ESTABLISHING
A STAGGERED ELECTION CYCLE FOR THE MUNICIPAL JUDGES, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Sec. 4.05 of the City of Bozeman’s Charter, there shall be a
municipal court as prescribed by state law; and
WHEREAS, the City has previously created the office of a full time elected municipal
court judge pursuant to Title 3, Chapter 6, MCA; Ordinance 1490, and the provisions of Bozeman
Municipal Code Chapter 22; and
WHEREAS, §3-6-201, MCA and Sec. 22.01.050, BMC provide for part-time assistant
judges appointed by the elected municipal court judge and confirmed by the Bozeman City
Commission to serve with all the rights and responsibilities of a full-time judge; and
WHEREAS, the 2021 Montana Legislature amended §3-6-201, MCA, to remove the
authorization for part-time assistant judges and now Montana state law requires all municipal court
judges to be elected; and
227
Ordinance 2073, Creation of Second Municipal Court
Page 2 of 5
WHEREAS, it is in the interests of the City to establish a second full-time elected
municipal court judge position to comply with State law, to manage the municipal court’s caseload
and to more efficiently administer justice in the City of Bozeman.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Chapter 22 of the Bozeman Municipal Code shall be amended as follows and any
sections within not amended herein shall remain in effect:
Sec. 22.01.050 Office of municipal judge.
The office of the municipal judge is hereby established for the city. There will be at least
one two full-time municipal judges. The commission may change the number of full-time
municipal judges by ordinance. as determined by ordinance of the commission and there may also
be one or more part-time assistant judges appointed by the chief municipal judge subject to
approval by the commission. If there is only one full-time judge, that judge shall be considered the
chief judge. If there is more than one full-time judge, The chief judge of the municipal court shall
be determined in accordance with title 3, chapter 6, of the Montana Code Annotated (MCA 3-6-
101 et seq.).
Sec. 22.01.060. - Method of selection and term of office.
Each person holding the office of full-time municipal judge will be elected at a general
election and will hold office for a period of four years. Each assistant part-time judge shall serve
for the term of the appointing full-time municipal judge. The terms of the municipal judges shall
be staggered.
Sec. 22.01.090. - Compensation and expenses.
228
Ordinance 2073, Creation of Second Municipal Court
Page 3 of 5
A. The city commission will establish the annual salary or the annual rate of adjustment of the a
municipal judge by resolution. A municipal judge who appoints an assistant judge will set the
assistant judge's compensation.
B. The municipal judges will receive any actual and necessary expenses as budgeted in the city's
annual budget.
Section 2
The City Commission hereby authorizes the creation of a second full time office of a municipal
court judge to commence on the first Monday in January of 2022. The Bozeman City Commission
hereby requests the Gallatin County Clerk and Recorder (Elections Administrator) to immediately
commence with an election for the second full time municipal court judge to occur on November
9, 2021.
Notwithstanding Section 1, the current part-time assistant municipal court judge position remains
in effect and is duly authorized to continue in office until the newly elected municipal court judge
takes office on January 3, 2022, at which time the position of part-time assistant municipal judge
will terminate.
Section 3
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 4
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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Ordinance 2073, Creation of Second Municipal Court
Page 4 of 5
Section 5
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 6
Codification Instruction.
The provisions of Section 1 shall be codified as appropriate in Chapter 22 of the
Bozeman Municipal Code. Section 2 shall not be codified.
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance 2073, Creation of Second Municipal Court
Page 5 of 5
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 6th day of April, 2021.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
________________________________
GREG SULLIVAN
City Attorney
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67th Legislature SB 127
- 1 - Authorized Print Version – SB 127
ENROLLED BILL
AN ACT REVISING LAWS ON THE SELECTION OF MUNICIPAL COURT JUDGES; ELIMINATING THE
ABILITY OF A MUNICIPAL COURT JUDGE TO APPOINT A PART-TIME ASSISTANT JUDGE; AMENDING
SECTION 3-6-201, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 3-6-201, MCA, is amended to read:
"3-6-201. Number of judges -- election -- term of office -- chief judge -- duties of chief judge --
assistant judge. (1) The governing body of a city shall determine by ordinance the number of judges required
to operate the municipal court.
(2) A municipal court judge who is not a part-time assistant judge appointed under subsection (6)
must be elected at the general election, as provided in 13-1-104(3). The judge's term commences on the first
Monday in January following the election. The judge shall hold office for the term of 4 years and until a
successor is elected and qualified.
(3) Except as provided in subsection (2), all elections of municipal court judges are governed by the
laws applicable to the election of district court judges.
(4) (a) If there is more than one municipal court judge, the judges shall adopt a procedure by which
they either:
(i) select a chief municipal court judge at the beginning of each calendar year; or
(ii) select a chief municipal court judge for a specific period of time.
(b) If the judges cannot agree, the judge with the most seniority shall serve as the chief municipal
court judge.
(5) The chief municipal court judge shall provide for the efficient management of the court, in
cooperation with the other judge or judges, if any, and shall:
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67th Legislature SB 127
- 2 - Authorized Print Version – SB 127
ENROLLED BILL
(a) maintain a central docket of the court's cases;
(b) provide for the distribution of cases from the central docket among the judges, if there is more
than one judge, in order to equalize the work of the judges;
(c) request the jurors needed for cases set for jury trial;
(d) if there is more than one judge, temporarily reassign or substitute judges among the departments
as necessary to carry out the business of the court; and
(e) supervise and control the court's personnel and the administration of the court.
(6) A municipal court judge may, with the approval of the governing body of the city, appoint a part-
time assistant judge, who must have the same qualifications as a judge pro tempore under 3-6-204, to serve
during the municipal court judge's term of office. An order by a part-time assistant judge has the same force and
effect as an order of a municipal court judge."
Section 2. Effective date. [This act] is effective 1 year after passage and approval.
- END -
233
I hereby certify that the within bill,
SB 127, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2021.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2021.
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SENATE BILL NO. 127
INTRODUCED BY C. FRIEDEL, B. BROWN, J. ELLSWORTH, C. GLIMM, G. HERTZ, S. HINEBAUCH, D.
KARY, T. MANZELLA, T. MCGILLVRAY, B. MOLNAR, K. REGIER, L. BREWSTER, B. LER, J. READ, K.
SEEKINS-CROWE, K. ZOLNIKOV
AN ACT REVISING LAWS ON THE SELECTION OF MUNICIPAL COURT JUDGES; ELIMINATING THE
ABILITY OF A MUNICIPAL COURT JUDGE TO APPOINT A PART-TIME ASSISTANT JUDGE; AMENDING
SECTION 3-6-201, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE.
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Memorandum
REPORT TO:City Commission
FROM:Greg Sullivan, City Attorney
Jeff Mihelich, City Manager
SUBJECT:Appoint New Bozeman City Commissioner
MEETING DATE:April 6, 2021
AGENDA ITEM TYPE:Administration
RECOMMENDATION:I move to appoint ____________ to the position of Bozeman City
Commissioner with a term ending in compliance with Section 2.06(c) of the
Bozeman Charter for the the term that will expire at the beginning of the
first regularly scheduled meeting in January of 2022.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:On March 12, 2021 former City of Bozeman Commissioner Michael Wallner
resigned from office. Based on the City's Charter, a vacancy in the city
commission shall be filled for the remainder of the unexpired term, pursuant
to state law. Montana Code Annotated 7-4-4112 states the position is
considered open and subject to nomination and election at the next general
municipal election, occurring November, 2021. Pending an election and
qualification, the council shall, by a majority vote of the members, appoint a
person within 30 days of the vacancy to hold the office until a successor is
elected and qualified.
On September 15, 2020, information was provided on the process for filling
a vacant position. Click here for that information. Substantively, this process
is the same.
REQUIRED QUALIFICATIONS FOR CITY COMMISSIONER:
A person is qualified for the position of commissioner if: (i) the person’s
principal residence is within the city; (ii) the person is a registered elector of
the city; and (iii) meets all other qualifications of Montana law including
United States citizenship. See Charter, Sec. 2.02(a); Sect. 7-4-4104, MCA
PROCESS/SCHEDULE:
Public participation is a critical aspect of the appointment process. As such,
and considering the short time frame for appointment, we recommended a
number of steps to ensure a clear and transparent process and that the
public has a meaningful opportunity to participate prior to the Commission’s
appointment.
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1. The City Manager posted a notice of vacancy on Wednesday, March
17th. See attached notice. The notice was posted on the City's
website, posted to the City's eNotifications, distributed to various
social media outlets, and published in a local newspaper. A project
page on the City's website was created that includes this process and
candidate submittals.
2. The advertisement required interested citizens to submit a statement
of interest indicating their qualifications for and interest in the office
of commissioner. See above for a discussion on legal qualifications.
The statement of interest and qualifications must be limited to no
more than 1000 words.
3. As Montana law requires the vacancy to be filled within 30 days, the
last day for the Commission to make the appointment is April 11,
2021. To conduct the appointment at a regular meeting, the last
available regular meeting prior to the statutory deadline was April 6,
2021. The Commission may schedule a special meeting to make the
appointment.
4. In order for the Commission to fill the vacancy at its regular meeting
on April 6th, the agenda and supporting materials must be published
on Thursday, April 1st. Therefore, a candidate's statement of
qualifications and interest must have been submitted by 9 am, March
29th. The candidate's submittals are included in these packet materials
and have been made available for the public review. All materials
submitted are considered public information.
5. At the beginning of the agenda item where the Commission will
appoint a new member, we suggest candidates be provided an
opportunity to make a short presentation not longer than three
minutes. After the presentations the Commission should take public
comment and then make the appointment by motion and vote.
6. After appointment, the person appointed must be sworn into office.
We suggest the taking of the oath occur immediately after the
appointment is made. The person will, upon swearing in, commence
their role as a commissioner. The City Clerk will file the oath of office
with the Gallatin County Elections Administration as soon as possible
following the taking of the oath.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the Commission.
FISCAL EFFECTS:Minimal
Attachments:
City Commission Vacancy Notice.pdf
Statement of Interest and Qualifications_Christopher
Coburn.pdf
Statement of Interest and Qualifications_Tom Woods.pdf
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Report compiled on: March 29, 2021
238
From:Jesse DiTommaso
To:dclegals@dailychronicle.com
Cc:Mike Maas
Subject:Please Publish 3/17/21, 3/21/21, 3/24/21, & 3/28/21
Date:Monday, March 15, 2021 9:11:48 AM
Good morning,
Please publish the below Public Notice on Wednesday, March 17, 2021, Sunday, March 21, 2021,
Wednesday, March 24, 2021, and Sunday, March 28, 2021.
Public Notice of Vacancy on the Bozeman City Commission
And Invitation to Submit Statement of Qualifications and Interest
The Bozeman City Commission notifies the citizens of the City of Bozeman that a vacancy exists in
the office of a Bozeman City Commissioner. The Commission requests any registered voter of the
City of Bozeman with their primary residence within city limits and who meets the requirements of
holding public office in Montana, interested in being appointed to the office of City Commissioner to
submit a statement indicating their qualifications for and interest in the office of City Commissioner.
The statement must be no more than 1000 words and received in the Bozeman City Clerk’s office
no later than 9:00 a.m. on Monday, March 29, 2021. Candidates and information received by the
Clerk after this deadline will not be considered by the Commission. Candidates must provide five
printed copies and also email the statement to agenda@bozeman.net. The required information
must be delivered to the Clerk’s office located at Bozeman City Hall, 121 N. Rouse Ave or by mailing
it to: Mike Maas, Bozeman City Clerk, P.O. Box 1230 Bozeman, MT 59771-1230. Mailed submittals
must be received by the above deadline. All information submitted will be considered public
information and will be available to the public via the City Clerk and may be posted on the city’s
website at www.bozeman.net for public viewing on or about March 30, 2021.
The City Commission may make a decision on appointment as early as the regularly scheduled
meeting on Tuesday, April 6, 2021.
The public is encouraged to submit comments on the process of appointment or on individual
candidates to the City Clerk’s Office. You may also email comments to agenda@bozeman.net.
Thank you,
Jesse DiTommaso| Deputy City Clerk
City of Bozeman | 121 N. Rouse Ave. | Bozeman, MT 59715
Pronouns: she/her/hers
www.bozeman.net
239
CHRISTOPHER COBURN
March 22, 2021
Dear Bozeman City Commissioners,
With excitement, I submit this letter to be formally considered for appointment to the Bozeman City
Commission. Since the appointment process in October, my interest in and seriousness about
serving our community as a City Commissioner has only grown. I launched my campaign earlier this
year and have had the opportunity to connect with many of our neighbors. As a result, I have a
deeper understanding of the issues we face. My intention is, and always has been, to have a
positive impact on the community – and I believe I have the experience, commitment, and character
to be immediately helpful as a City Commissioner.
Experience
For the past two years, I’ve served on the Gallatin City-County Board of Health. Working to
protect our community as we’ve navigated the COVID-19 pandemic has been both humbling
and rewarding, and has taught me a great deal of what it takes to be a part of an effective
and efficient team that makes population level decisions. Through this work, I’ve been able to
use my public health expertise to analyze and balance our response to an emergency –
considering health, economic, and social factors. This same lens will be helpful to the City
Commission as land use and zoning decisions dominate the agenda. After all, the way we
choose to build our city has direct and long-term implications for our collective health.
In addition to the practical experience I’ve gained as a Board of Health member, I’ve become
comfortable with the work and process of the Commission by consistently attending and
participating in City Commission meetings. I spend my Tuesday evenings watching, listening,
and learning how the Commission makes decisions – from how motions are made to what
criteria are considered for a zone map amendment. I also attend other City board meetings,
and participate in other City processes – such as being part of the RFP team that selected
the firm to complete the equity indicators and gaps analysis or attending the developer’s
roundtable discussion on affordable housing.
While there are undoubtedly still things to learn, these experiences have given me valuable
insights into how the Commission and City operate. If appointed, I’m prepared to immediately
start contributing in a meaningful way.
Commitment
As a Montanan, I was raised to value community and was taught the importance of
stewardship. As a Bozemanite, I’ve lived those tenets and have consistently been involved in
our community.
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I served on the Design Advisory Council for Haven as they worked to imagine their new
facility, am on the planning committee for a supportive housing program that HRDC is
leading, and sit on the steering committee for Elevating Behavioral Health – a local
collaboration of leading community organizations working to improve behavioral health
services and awareness. I also am a member of the COVID-19 Vaccine Distribution Task
Force, and part of the Task Force to Advance the Status and Safety of All Women and Girls.
I’m a collaborator by conviction, and take my involvement in community efforts seriously
because I know the value of follow-through, and that trust is the most important thing we
can foster. As a Commissioner, I’ll leverage the trust-based, reciprocal relationships I’ve
developed to build the strong engagement our community is asking for.
Character
I’ve gained the respect of my peers and this community by demonstrating the type of friend,
neighbor, team member, and leader I am. I show up. I’m engaged. I do the work, and I ask
what’s next. I understand that we’re stronger when we work together, and I appreciate the
power of an honest conversation. I value and respect individuals, and make it my priority to
present authentically, listen intently, and find commonalities. I’m guided by purpose, not by
ego. I know that it’s not about me, but rather about us – and how we get to where we need
to go, together.
The only way I know how to accomplish something is to work hard. I’ve gotten used to
balancing multiple projects or priorities at once. To be successful at this, I’ve found one has
to be disciplined, skilled with time management, and clear about boundaries – both to care
for oneself, and to be present for others. I honed these skills while completing my graduate
degree and also working a full-time job, and intend to use them to be successful as a City
Commissioner.
I’m both prepared and excited to serve our community as a City Commissioner. I’m confident I will
be a strong partner as we work towards the attainment of a future reflected in the Bozeman
Strategic Plan, the Bozeman Community Plan, and the Bozeman Climate Plan. I have the
education, experience and technical understanding to do the job. More than that, I have the
passion, commitment and collaborative spirit needed to truly engage this community.
I’m a young professional with a lot in common with most of Bozeman. The experiences and
perspectives of the many folks like me are currently not represented on the Commission. I firmly
believe our community is better when everyone is included, and we learn from and honor the lived
experiences of others.
Thank you for the opportunity, and for your consideration. It would be an honor to serve alongside
you.
With appreciation,
Christopher Coburn
Pronouns: He / Him
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I was born and grew up in Cleveland, Ohio. I don’t recall having a choice in that but when I first came to
work as a bartender in Montana in 1982 I quickly decided that this is where I want to live. While living in
Montana over the last 39 years I have been a bus driver, bell hop, bartender, musician, maintenance
specialist, personnel manager, guide, hotel manager and most recently, a teacher. It’s not that I can’t
hold a job, but as we all know it takes a diverse skill set to succeed here. I’m currently an instructor for
the Physics departments at MSU.
I met my wife Katie in 1992 while we were working in Yellowstone Park. We moved to Bozeman in 1997
in order to go back to school at MSU and succeeded in finding a rental in a very competitive market. In
1999 I cashed in my retirement and we purchased a small duplex home for $124,000. We sold that
home in 2010 and paid down our student loan debt.
Another reason we sold our 2 bedroom house was that in 2005 and 2007 we were blessed with two
great boys, Kelty and Finnian, who are 15 and 13 years old and currently making their way through our
Bozeman Public schools. We rented a 3 bedroom house for a few years before purchasing our current
home in 2015. We are fortunate to have done so as 6 years later I don’t think we could afford to buy the
same house we currently live in.
I tell this part of my story because I think it’s important for people to know that I’ve struggled with the
same affordability issues that face the next generation. It’s gotten worse and I want to do something
about it.
I’ve been active in local issues and politics for the past 20 years. In 2012 I successfully ran for the state
legislature because I believe that government should be conducted by real people and should serve the
interests of real people. That’s how I approached my responsibilities. My job was to read legislation on a
wide variety of issues, listen to opposing viewpoints, communicate with constituents and vote on
legislation in a way that best served the citizens of Montana. I worked 12-hour days for a salary of
$91.00 per day. I refer to my time in the legislature as “the worst job I’ve ever loved.”
In the House of Representatives I was appointed to the Appropriations committee, which is the body
that crafts the $10 billion state budget. As a member of the Education subcommittee, I worked with
senators and representatives from across the aisle to formulate the K-12 school budget as well as the
higher education budget. I helped MSU gain approval for the Romney Hall renovation, negotiated the
tuition freeze (in each term), expanded our local medical school and veterinary programs and won
approval for more research dollars to flow to the university system. I’m proud to say that K-12 funding
was also expanded on my watch.
As one of your legislators, my particular focus was in trying to bring transparency and fairness to
hospital bills. I also fought to change the way our monopoly utility treats ratepayers and plans for the
future. These are battle in which I had more losses than wins, but as a consumer advocate and a
scientist I strongly feel that we are not doing nearly enough to address health care costs and climate
change. I refuse to give up fighting for our children’s future.
It has been an honor and a privilege to represent your interests in the legislature. If it were not for term
limits I would still be serving there, trying to keep the legislature from restricting the way Bozeman tries
to deal with our growth issues. I try to think of growth as being an issue, not a problem but It’s
becoming harder to maintain that optimism.
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We have a great town and a wonderful community that is undergoing rapid change. There is a lot of
good that has come from those changes. I’m very proud that Bozeman has become a more diverse and
accepting culture than when I first came here, but that is being threatened by the issue of affordability.
The City Commission recognizes this and I fully supported the plan that was developed to address
affordable housing. I really appreciated the way it placed financial responsibility for affordable housing
on the parties that are profiting the most from the housing boom. That’s fair.
I am very disappointed that the legislature saw fit to wreck our affordable housing plan. It has also seen
fit to stymie our attempts to run our city as we wish. If we want a local option tax we should be able to
do that. If we want to declare our community a place of sanctuary we should have that right.
Unfortunately, we can’t rely on state government to help us with our issues. We are going to have to go
back to the drawing board and come up with new solutions. I very much want to be part of that.
I’ve recently earned a Master of Public Administration degree, but I feel my best preparation for public
service comes from my experience as an elected official. In the 5 elections I have participated in I have
knocked on thousands of doors and talked to thousands of constituents on the phone. I’ve discussed a
wide variety of issues with an even wider variety of perspectives. In addition to getting to know our
community better, this experience has taught me to be a better listener. I’ve learned to be patient and
find common ground with those who hold different ideologies than I do. I’ve also learned that crafting
public policy is not about “winning.” It’s about trying to do the best we can to plan for a better future.
I want to help,
Tom Woods
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