Loading...
HomeMy WebLinkAbout06-15-21 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.Authorize Absence D.1 Authorize the Absence of Deputy Mayor Cunningham (Maas) E.FYI F.Commission Disclosures G.Consent THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, June 15, 2021 This meeting will be held using Webex, an online videoconferencing system. You can join this meeting: Via Webex: https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php? MTID=e6d59cf9a32cb275484a37c653adbf5a4 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 United States Toll +1-650-479-3208 Access code: 182 861 5133 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. 1 G.1 Accounts Payable Claims Review and Approval (Stewart) G.2 Approve the South Bozeman Technology District and Pole Yard Urban Renewal District Work Plans and Budgets for Fiscal Year 2022 and Annual Reports for Fiscal Year 2021(Fine) G.3 Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with Gallatin Mall Group, LLC for the Gallatin Valley Mall Redevelopment (20412)(Johnson) G.4 Ratify the Signature of the City Manager on an Agreement for Professional Employment Services with GOVTEMPSUSA, LLC.(Rosenberry) G.5 Authorize the City Manager to Sign a Professional Services Agreement with Comcate for Public Comment Software(McMahan) G.6 Authorize the City Manager to Sign a Professional Services Agreement with Water Systems Optimization, Inc. for the 2021 Water Distribution System Audit(Ahlstrom) G.7 Resolution 5288 Update to the Policy and Fee Schedule for Facility Use and Programs for Parks and Recreation(Overton) H.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 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. I.Action Items I.1 Downtown Business Improvement District Fiscal Year 2021 Annual Report and Fiscal Year 2022 Budget and Work Plan(Cope) I.2 Downtown Urban Renewal District Fiscal Year 2021 Annual Report and Fiscal Year 2022 Budget and Work Plan(Cope) I.3 Midtown Urban Renewal District Fiscal Year 2022 Work Plan and Budget and Fiscal Year 2021 Annual Report(Fine) I.4 North Park Urban Renewal District Fiscal Year 2022 Work Plan and Budget and Fiscal Year 2021 Annual Report(Fine) I.5 Northeast Urban Renewal District Fiscal Year 2022 Work Plan and Budget and Fiscal Year 2021 Annual Report(Fine) I.6 Resolution 5289 Setting Cemetery Fees and Perpetual Care Fund Deposits (Donald) I.7 FY22 City Manager Recommended Budget- Special Revenue Funds Presentation (Donald) 2 J.FYI / Discussion K.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. 3 Memorandum REPORT TO:City Commission FROM:Mike Maas, City Clerk SUBJECT:Authorize the Absence of Deputy Mayor Cunningham MEETING DATE:June 15, 2021 AGENDA ITEM TYPE:Administration RECOMMENDATION:I move to authorize the absence of Deputy Mayor Cunningham. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Deputy Mayor Cunningham notified the Mayor and City Manager of his intended absence. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: June 3, 2021 4 Memorandum REPORT TO:City Commission FROM:Levi Stewart, Interim Accounting Technician Kristin Donald, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:June 15, 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:None 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 Interim Accounting Technician, Levi Stewart. Report compiled on: June 3, 2021 5 Memorandum REPORT TO:City Commission FROM:David Fine, Urban Renewal Program Manager Brit Fontenot, Economic Development Director SUBJECT:Approve the South Bozeman Technology District and Pole Yard Urban Renewal District Work Plans and Budgets for Fiscal Year 2022 and Annual Reports for Fiscal Year 2021 MEETING DATE:June 15, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:Approve the South Bozeman Technology District and Pole Yard Urban Renewal District Work Plans and Budgets for Fiscal Year 2022 STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:South Bozeman Technology District and the Pole Yard Urban Renewal District have no projected revenue and Staff is recommending no appropriations, work plans or budgets for these Districts. The South Bozeman Technology District has seen no new taxable value since its creation although there are significant proposed developments in the pipeline. The Pole Yard Urban Renewal District was created in 2020 and we have no projections for anticipated revenue since the base year. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:Staff is recommending no appropriation for these Districts. Report compiled on: June 3, 2021 6 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Engineer I Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with Gallatin Mall Group, LLC for the Gallatin Valley Mall Redevelopment (20412) MEETING DATE:June 15, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with Gallatin Mall Group, LLC for the Gallatin Valley Mall Redevelopment (20412). 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:N/A Attachments: Conditional Irrevocable Offer of Dedication Report compiled on: June 3, 2021 7 8 9 10 Memorandum REPORT TO:City Commission FROM:Anna Rosenberry, Assistant City Manager SUBJECT:Ratify the Signature of the City Manager on an Agreement for Professional Employment Services with GOVTEMPSUSA, LLC. MEETING DATE:June 15, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Ratify City Manager's Signature on Agreement for Professional Employment Services with GOVTEMPSUSA, LLC. 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:The City's Public Works Director resigned effective April 9, 2021. We have filled the position with an Interim Director to assist the department and community while we undertake a nation-wide recruitment for a permanent Public Works Director. The Interim Director is an employee of GOVTEMPSUSA, LLC, an employment agency that provides executive-level temporary employees for municipal governments around the country. The agreement covers the six-month period of May 24, 2021 through November 24, 2021 and can be extended beyond that time period, by mutual agreement of the parties. UNRESOLVED ISSUES:None. ALTERNATIVES:Alternative included operating without an Interim Public Works Director, which is not recommended. FISCAL EFFECTS:The total cost of the agreement is $107,280 and will be paid for from the Public Works Administration budget. Attachments: GovTemps Contract signed.pdf Report compiled on: May 28, 2021 11 12 13 14 15 16 17 18 19 20 21 22 23 Memorandum REPORT TO:City Commission FROM:Scott McMahan, Information Technology Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Comcate for Public Comment Software MEETING DATE:June 15, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with Comcate for Public Comment Software STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The City is looking for a way to more efficiently take in, route, and respond to public comments that come to the City. This software will allow us to route incoming comments to the most qualified staff member for action or response. It will also allow high level reporting on topics for City Management. UNRESOLVED ISSUES:None. ALTERNATIVES:Keep using our current process which is primarily a manual process that is not efficient. FISCAL EFFECTS:There will be a one time up front fee of $13,800 to purchase the system and implement the system with a $9,500 yearly renewal with a COLA increase of 5% each year. Attachments: Comcate Final Contract Report compiled on: June 2, 2021 24 Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021 Page 1 of 19 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, Comcate Software, Inc, a California Corporation, 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 be subject to the “Term: Right of Cancellation” terms in Exhibit A. 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 attached as exhibit A. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specified in the Scope of Services. 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, 25 Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021 Page 2 of 19 Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. 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 26 Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021 Page 3 of 19 Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7.Indemnity/Waiver of Claims/Insurance: Contractor agrees to indemnify, hold harmless and defend City, City Commission and each member thereof, and every officer, employee and agent of City, from any liability or financial loss (including, without limitation, attorney fees and costs) arising from any intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of Contractor, its employees, agents, representatives, and/or subcontractors in the performance of this Agreement. Contractor agrees to indemnify, hold harmless and defend City, the City Commission and each member thereof, every officer, employee and agent of City, from any liability or financial loss (including, without limitation, attorneys’ fees and costs) arising from or related to any claim that use of the Technology provided by Contractor infringes upon any copyright, trade secret, trademark, patent or other proprietary or intellectual property right of any third party. Contractor shall defend and send Contractor prompt notice of such claim of which it learns. In all events, City shall have the right, but not the obligation, to participate at its own expense in the defense of any such suit or proceeding through counsel of its own choosing. 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 obligationsshall 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. 27 Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021 Page 4 of 19 Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractorshall 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. Cyber and Technical Errors and Omissions: $1,000,000 in the aggregate 28 Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021 Page 5 of 19 The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of 29 Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021 Page 6 of 19 Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10.Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 30 Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021 Page 7 of 19 11.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Scott McMahanor such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be David Richmond 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. 31 Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021 Page 8 of 19 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. 32 Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021 Page 9 of 19 The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level 33 Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021 Page 10 of 19 personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 34 Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021 Page 11 of 19 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:See Exhibit A. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________By__________________________________ Jeff Mihelich, City Manager Print Name: David Richmond Print Title: President APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 35 Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021 Page 12 of 19 Exhibit A June 2, 21 City of Bozeman, MT Re: Business Agreement to Implement Technology Dear City of Bozeman, At Comcate, we believe in empowering public agencies. We do this by creating solutions that are simple to use, easy to implement, configurable, accessible, and affordable. Our philosophy, which guides every action we take, centers on helping public agencies solve problems through technology. Comcate was founded in 2000 with the help of retired City managers and Silicon Valley technologists. With close access to the customer base, our team developed software exclusively for public agencies. We have signed over 300 agreements with public agencies and have over 20,000 public agency staff users across 34 states. Comcate has implemented more web CRM software in public agencies than any other software provider of which we are aware. With over 10,000 Code Enforcement, Permit, Animal Control & Inspection Officers across 32 states, Comcate is the leading provider of Code Enforcement, Animal Control, and Permit/Building Safety Inspection software in the nation. Focus Comcate is entirely focused on improving the efficiency and effectiveness of public agencies with affordable and easy to use web-based software. We are motivated to meet the specific needs of each of our clients. Our client base will testify to our dedication, motivation and initiative to accommodate each of their individual needs. This City of Bozeman staff and citizens will enjoy 24/7 access to a highly configurable web application specialized to accept and process public comments. No Hardware or Software to Install Comcate hosts all data at a secure facility with robust network and power redundancies and round- the-clock system monitoring. The Agency does not have to purchase any new hardware or software. Customer Support We are prepared to dedicate the full support of our staff into the configuration of the application and the tailoring of its implementation. You will have a dedicated Project Manager assigned to your implementation to guide you through each step of the process, with direct phone and email access and full-time customer support. Simple to Use, Easy to Implement We are dedicated to understanding your Agency’s workflow, and count the number of steps needed to complete an action and tirelessly work to minimize them. We constantly incorporate user feedback into our applications. As a result, Comcate has been recognized by users for its intuitive and easy to 36 Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021 Page 13 of 19 use design. To accept the Agreement, please sign below. As soon as we receive the signed Agreement we will schedule the implementation kick-off phone call. We look forward to hearing from you and are available to answer any questions to help facilitate this process. Very truly yours, David W. Richmond, President APPROVED: Name in Print: ____________________________________________________________ Title: _____________________________ Signature: ________________________________________________________________ Date: ______________________________ Name in Print: ___________________________________________________________ Title: ______________________________ Signature: ________________________________________________________________ Date: ______________________________ 37 Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021 Page 14 of 19 Major Tasks Sub Tasks Pre-project Needs Assessment - Meet with Agency to clarify and confirm integrations, customizations and phases of the project Execute Agreement - Receive signed agreement Initial Call and Identification of Project Lead with the Agency -Review implementation process -Identify project team -Schedule kick-off meeting Kick-Off Meeting -Comcate introduction -Review project scope and timeline -Demo application to implementation team -Prepare for needs assessments Needs Assessment -Review staff workflow -Propose implementation configuration Public comments portal configurations -Identification of citizen submission workflow -Staff assignments and SLAs -Customization of email templates -Configuration of volume and SLA reports Trainings for Public Comments Staff Portal - Role based training: power submitter, case managers, agency heads, agency manager - Role based training for department staff Soft Launch!-Go Live! Follow up Training -Separate follow up training sessions Project Wrap Up -Debriefing with project lead, Agency manager and other appropriate participants Implementation Timeline and milestones for deliverables Comcate’s standard implementation program is flexible. * We can complete the implementation and go live with basic implementation within a few weeks after signing the contract. 38 Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021 Page 15 of 19 Ongoing Support and Services We view everyclient relationship as a long term partnership. During implementation you will be introduced to several members of our experiencedand capable in-house customer support staff. We maintain hours necessary to support our clients. Currently, our customer service technicians operate during normal businesshours from 8am to 5:00pm PST Monday through Friday. Our team is available during businesshours via email and phone and we are committed to responding to all client issues within 4-6 hours. Comcate is required to uphold the following performance standards and response times in the Service Level Table in order to be considered in compliance with its contract: Comcate shall make arrangements for the technology to be accessible by the Agency’s staff and public users 99.8% of the time, not counting scheduled maintenance for users of Comcate’s ASP service. Service Level Table Level Description Response Time Means of Contact First Software System Inoperable Response within 3 hours Telephone, email, pager/mobile phone Second Significant operating issues but application still operating Response with 6 hours Telephone, e-mail Third Application not functioning as designed but still operating successfully Response with 18 hours Telephone, e-mail Third Non-critical problems for which a solution is available These issues will be addressed as part of the product development cycle Telephone, e-mail Support includes the following: 1) Trouble-shooting at Comcate’s facilities 2) Establishment of an FAQ for customers 3) On-line help windows Example of on-line help windowscan be provided upon request. 39 Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021 Page 16 of 19 40 Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021 Page 17 of 19 Training Comcate’s training goal is to have staff users up and running on the applicationduring their initial training session. Comcate has developed its role-based training program by continuing to learnfrom our hundredsof existing client implementations. Training sessionsare organized to be completed in less than an hour, as longer sessions often result in attendees 'attention span waning. The session is organized like a story: we start with an introduction about Comcate, the application and project background, then discuss the reason for the implementation,any internal breakdowns that have been identified, and concerns of management. This provides an opportunity to highlight how our software addressedsimilar concerns at other agencies. After this discussion, we have provided a brief product demonstration, which provides background to move into the primary, usage-basedpart of the training. We found the best result is to have peoplestart usingthe application as soonas possible. During this period we have staff log-in,create and manage cases, assign tasks and, as appropriate,perform activities that are appropriate for their role. We makethis fun and develop stories about requests that are relevant and humorous to those attendingthe training. We provide each attendeewith a personalizeduser summary (cheat sheet) which they can take back to their desk. This includes all the information theyneed to access the application, get answers to common questions and contact Comcate’s customersupport if necessary. After the training your Project Manager will monitor and track the cases to ensure that all staff members feel comfortable with the applicationand that the Agency is ready to go live. Post-implementation training sessions are also included in our proposal. Wehave found these are valuable by providing staff an opportunity to ask specific questions after they have had a chance to work with the application. Additional Training (in-person or web-based) can be accommodated at theAgency’s request. 41 Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021 Page 18 of 19 Investment Summary The year-one investmentin Comcate’s software is comprised of two components: 1)the one-time Implementation Fee which includesinitial configurations, customizations and web-based training, and 2) the Annual License Fee which includeson-going support, upgrades and hosting. Starting in the second year, the AnnualLicense Fee will be adjusted by a COLA increase not to exceed 5% per year. Product Implementation Fee (One-Time) Annual License Fee Total Year One Investment eFM Limited (for public comments)$2,000.00 $6,100.00 $8,100.00 Modern Mobile Citizen Submission Web solution (CMA)Included Included $0.00 GIS Lite $300.00 $400.00 $700.00 Unlimited Users and Usage for eFM Limited $2,000.00 $3,000.00 $5,000.00 Total $13,800.00 w Unlimited users and usage for eFeedback Limited Edition for collectionand processing of public comments w Unlimited use of GIS Lite (Case Mapping) w Mobile optimizedcitizensubmission web app w Unlimited customer support w Software enhancements and maintenance w Full implementationsupport including project management, training and configurations *Advanced CRM/311 features can be activatedat a later date with written approval from both parties. Highlights include: w Integration with Active Directory w Integration with CityWorks w Social Media integrationsand texting w GIS Enterprisefunctionality w Enterprise workflows bydepartment 42 Professional Services Agreement for Comcate Software, Inc. FY 2020 – FY 2021 Page 19 of 19 Acknowledgments. (a)The Agency expressly acknowledges that the Agencyis solely responsible for any use of the Technology, and such use will be entirely at Agency’s own risk. Agency agrees that the Technologyshall not be used for or in connection with any illegal purpose (includingbut not limited to intellectual propertyinfringement, fraudor defamation). (b)Comcate acknowledges thatit will “host” the Technologyand agrees that it will backup data and take appropriatemeasures to protect and store Agency’s Data. (c)Comcate acknowledges thatit shall maintain access rights to the Agency’s Data and shall secure such data. Comcate acknowledgesand agrees it will store all Agency’s data in the UnitedStates. Term: Right of Cancellation. The Initial Use Term of the Agreement shall commence on the Effective date hereof and continue for 365 days. Thereafter, unless Agency notifies Comcate in writing at least 30 days in advance of each scheduled expiration datethat Agency elects not to renew, the Agreement shall automatically renew for a period of 365 days with an annual 5% COLA. 43 Memorandum REPORT TO:City Commission FROM:Jessica Ahlstrom, Water Conservation Program Manager Scott Shirley, Interim Director of Public Works Anna Rosenberry, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Water Systems Optimization, Inc. for the 2021 Water Distribution System Audit MEETING DATE:June 15, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION: Authorize the City Manager to Sign a Professional Services Agreement with Water Systems Optimization, Inc. for the 2021 Water Distribution System Audit. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND: In 2013, the City adopted an Integrated Water Resources Plan which states that ‘water conservation and water-use efficiency should be the bedrock of the City’s water resource management,’ and ultimately calls for 50% of the projected gap between water supply and demand to be filled through conservation. An important component of reaching this goal is identifying opportunities to increase efficiencies within the City’s water distribution system infrastructure. The City’s water distribution system services approximately 14,000 metered connections through 295 miles of water mains. The City currently implements an ongoing leak detection and pipe replacement program, as well as a meter upgrade program to improve system efficiencies. By conducting a water distribution system audit and level one validation, the City will identify real and apparent losses within the distribution system. The results of the water distribution system audit will guide the continued development of the City’s water loss control program by identifying opportunities to reduce real losses, optimize revenue recovery, and promote equity among rate payers. 44 Water Systems Optimization, Inc. (WSO), was selected to provide professional services for this project pursuant to formal procurement action under Sec. 18-8-204 Montana Code Annotated. The professional services agreement was negotiated in terms of scope of fee. The water distribution system audit will utilize a data driven approach to assess previous water loss management practices, identify the amount of overall losses within the water distribution system, and make recommendations to mitigate system water loss. This will be accomplished by using the standard American Water Works Association (AWWA) Water Audit Software as well as methods contained in the AWWA M36 manual on Water Audits and Loss Control Programs. In addition to performing the audit and data validation, WSO will provide information on audit procedures and guidance to aid in developing an annual water loss audit program for the City. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Total costs for this project are not to exceed $26,490.00 and will be paid for out of the Water Conservation Division professional services fund. Attachments: PSA_Water Systems Optimization_Water Distribution System Audit.pdf Attachment A_Scope of Services_Water Systems Optimization_Water Distribution System Audit.pdf Report compiled on: June 3, 2021 45 Professional Services Agreement for 2021 Water Distribution System Audit FY 2021 – FY 2022 Page 1 of 11 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, Water Systems Optimization Inc., 1330 26th Avenue, San Francisco, CA, 94122 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 15th day of June 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 46 Professional Services Agreement for 2021 Water Distribution System Audit FY 2021 – FY 2022 Page 2 of 11 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. 47 Professional Services Agreement for 2021 Water Distribution System Audit FY 2021 – FY 2022 Page 3 of 11 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 48 Professional Services Agreement for 2021 Water Distribution System Audit FY 2021 – FY 2022 Page 4 of 11 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. 49 Professional Services Agreement for 2021 Water Distribution System Audit FY 2021 – FY 2022 Page 5 of 11 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 50 Professional Services Agreement for 2021 Water Distribution System Audit FY 2021 – FY 2022 Page 6 of 11 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 Program Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to 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. 51 Professional Services Agreement for 2021 Water Distribution System Audit FY 2021 – FY 2022 Page 7 of 11 b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Kate Gasner, Vice President, 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 52 Professional Services Agreement for 2021 Water Distribution System Audit FY 2021 – FY 2022 Page 8 of 11 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 53 Professional Services Agreement for 2021 Water Distribution System Audit FY 2021 – FY 2022 Page 9 of 11 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 54 Professional Services Agreement for 2021 Water Distribution System Audit FY 2021 – FY 2022 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 June 15th, 2024. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 55 Professional Services Agreement for 2021 Water Distribution System Audit FY 2021 – FY 2022 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 WATER SYSTEMS OPTIMIZATION, INC. By________________________________ By__________________________________ Jeff Mihelich, City Manager Kate Gasner, Vice President Date ______________________________ Date ________________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 56 2021 Water Distribution System Audit Attachment A: Scope of Services Each section outlines sub-task descriptions that detail work to meet or exceed the RFP requests. Note that all work is anticipated to occur remotely, via conference call considering the ongoing challenges posed by COVID-19. WSO will gladly entertain conversations and weigh decisions around business travel to conduct in- person meetings after WSO participants and City staff agree upon necessary precautions. Task 0: Project Management WSO will reserve time for regular check-in calls and progress reports to guarantee diligent progress on this project. Regular communication will be a key part of WSO’s strategy in staying on timeline and within budget. Subtasks: 0.1: Check In Calls – WSO will lead regular check in call, providing agendas and follow up communications as necessary. The frequency of these calls will be scoped with the project team, depending on availability. 0.2: Progress Reports on Invoices – WSO will document progress on each task in our monthly invoices. Task 1: Review of Current Water Loss Prevention Approach WSO will be sure to study all water loss related activities pursued by the City to date. In this task, WSO will request and review related reporting and/or data and conduct conference calls to learn about past water loss work. Subtasks: 1.1: Review Past Water Loss Projects & Findings – WSO will pour over the City’s past interactions with water loss data and water loss programming. Understanding what has worked – and not worked! – in the past will be key to informing a best-fit strategy for effective water loss control programming going forward. 1.2: Conference Calls to Debrief Previous Water Loss Work – In addition to the summary reporting and/or data we will review, WSO will conduct brief conference calls to debrief the City staff’s experience with these programs to date. We’re interested in learning about both the outcomes (i.e. leaks found, meters replaced, etc.) and the reflections on the process (i.e. who was involved, whether the process was documented, where improvement potential was identified). Task 2: Water Audit Data Collection, Analysis, & Compilation WSO will compile a water audit in the American Water Works Association (AWWA) Free Water Audit Software. Upon deciding on the appropriate timeframe for the audit period, WSO will request all relevant data, conduct all quality control analysis, follow up regarding data clarifications and/or obstacles, and complete the AWWA Free Water Audit Software. Subtasks: 2.1: Data Requests – WSO will develop and distribute a data collection tracking sheet, where all data necessary for the completion of the AWWA water audit software is identified. The tracking sheet will provide examples of 57 data sources used in previous years (if available from background research). To streamline our data requests, this data request will also include the data needs related to Task 4.1. 2.2: Billing Data Analysis – WSO will validate billing data provided in a standard format (one row corresponds to one bill), where available, including verification of data integrity using customized R-scripts and pro-rating of billed volumes to reduce lag-time effects. 2.3: Supporting Documentation Preparation - As required for level 1 validation, WSO will summarize the inputs for the water audit, capturing the data source, the derivation approach, and any estimation or uncertainty qualifications. 2.4: Data Debriefs – In the process of reviewing and summarizing water audit data, WSO will inevitably encounter questions (i.e. needing clarification about the source of the data or observing an anomaly). Periodic conversations with City staff closest to the data collection will be a valuable process in the audit compilation. Task 3: Level 1 Validation WSO will conduct a Level 1 Validation session to verify all the data used in the water audit is appropriate and all the Data Validity Grades are assigned correctly. 3.1: Validation Session – WSO will schedule and lead an interview with appropriate staff to confirm the inputs and Data Validity Grades in the water audit. 3.2: Validation Documentation – WSO will provide documentation that formalizes the findings of the validation session. Note: The analysis in Task 2 goes beyond the scope of Level 1 Validation and guarantees an even more detailed quality control review of the water audit than Level 1 Validation provides. There may be an opportunity to combine Task 2 and 3 to avoid redundant conversations if that is a concern. However, if the City is interested in practicing the workflow of Level 1 Validation (as it stands separately from compilation support), WSO supports keeping this task. Task 4: Water Loss Remediation & Prevention Recommendations 4.1: Component Analysis of Real Losses - WSO will perform a component analysis of real losses to establish the City’s unique leakage profile and inform targeted and cost-effective leak management strategies. WSO’s component analysis of real losses will entail background leakage modeling using infrastructure and pressure data, quantification of reported leakage using repair records, assessment of unreported leakage proactively discovered through leak detection, and estimation of hidden leakage ongoing in the system. In working with City’s infrastructure, pressure, leak detection, and repair documentation, WSO will also identify and recommend data collection and management improvements that provide more accurate insight into leakage. WSO’s work on this task will provide:  Determination of the City’s component leakage volumes: background, unreported, reported, and hidden leakage  Break frequency analysis and comparison to national datasets  Evaluation of documented leak response times 58 4.2: Real Loss Improvement Recommendations – Directly informed by the component analysis conducted in Task 4.1, WSO will develop a suite of recommendations for cost-effective leakage recovery investments. Depending on the City’s component analysis results, these recommendations will feature a combination of the following:  Leak repair response improvement  Proactive leak detection frequency adjustment  Proactive pressure management 4.3: Apparent Loss Improvement Recommendations – Directly informed by the data collected for the compilation of the water audit, WSO will develop a suite of recommendations for strategic apparent loss assessment and/or recovery work. This may include recommendations regarding the following:  Small meter testing & replacement practices  Large meter testing & replacement practices  Estimation protocols for unauthorized consumption and/or systematic data handling errors 4.4 Communications Support – After the analysis featured in Task 2 and the program development outlined in the earlier components of Task 4, WSO will support City staff with the summary and communication of this project’s findings. This may include support, such as but not limited to the following:  Support developing slides and material that summarizes program findings  Support in preparation and attendance of internal meetings on water loss work and/or board meetings Reporting: Detailed Documentation of Methodology & Process WSO will document each piece of the water loss investigation and findings for future reference and stakeholder communication. Each report will describe the task’s analysis, synthesize findings, and outline recommended next steps. Given the currently outlined scope of work, WSO would develop the following detailed reports:  Water Audit Compilation Documentation (delivered in conjunction with task 2.3 Supporting Documentation)  Billing Data Analysis – Detailed Report (delivered in conjunction with task 2.2 Billing Data Analysis)  Real Loss Component Analysis Report (delivered in conjunction with task 4.1 Component Analysis of Real Losses)  Water Loss Program Recommendations (delivered in conjunction with tasks 4.2 and 4.3) 59 Timeline The following figure outlines the general timeframe WSO aims to follow as we work on each of the above tasks. Completion of any one task will be dependent on the transfer of relevant data and availability of relevant City staff for discussion. 60 Budget The following table outlines the estimated budget for the Scope of Services as outlined above. 61 Memorandum REPORT TO:City Commission FROM:Mitch Overton, Parks and Recreation Director SUBJECT:Resolution 5288 Update to the Policy and Fee Schedule for Facility Use and Programs for Parks and Recreation MEETING DATE:June 15, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:I hereby move to adopt Resolution 5288 updating the Parks and Recreation Policy and Fee Schedule for Facility Use and Programs. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:The first comprehensive Policy and Fee Schedule was adopted by the City Commission on April 16, 2018 by Resolution 4861 and became effective on July 1, 2019. Resolution 4861 was adopted at a noticed public hearing during the City Commission action calendar. Resolution 4861 included an annual review of the policy and fee schedule by the Recreation and Parks Advisory Board (RPAB) and for any recommended changes to be presented to the City Commission on subsequent consent agenda calendars. The purpose of the Policy and Fee Schedule is to outline reservation policies and fees for Parks and Recreation facility use and programs in a format that is straightforward, easily updateable and available to the public. An update for fiscal year 2021 was postponed due to COVID. Further, tonight's amended policy and fee schedule took financial impacts to residents and community members into account as not to significantly increase fees during this time of hardship for many. In short the amended fee schedule makes some administrative changes, adds in pandemic appropriate protections, such as professional cleaners for facility reservations, adds nominal increases where appropriate to cover costs, but also includes some reductions in cost to more accurately reflect the cost of the services provided. As part of the annual review of this document, the RPAB reviewed these changes at their March 11, 2021 and April 8, 2021 meetings. The RPAB unanimously recommended commission adoption of the fee schedule as proposed with Resolution 5288 at their April 8, 2021 meeting. This update and the agenda item have been legally posted for public notice, opportunity to review document, and make public comment in accordance with Montana Code Annotated 7-6-4013. UNRESOLVED ISSUES:None. 62 ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Resolution 5288 will slightly increase revenues and cost recovery while honoring City Commission adopted subsidies of 50% for youth programs and 50% for senior programs. Attachments: FY21- Policy and Fee Schedule.pdf Resolution 5288.docx Report compiled on: June 2, 2021 63 POLICY AND FEE SCHEDULE FOR FACILITY USE AND PROGRAMS FY21 UPDATES 4/1/21 64 1 Table of Contents Section 1: Park Reservation Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2 Section 1.1: Park Pavilion Reservation Policies & Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 3 Section 1.2: Community Garden Plot Reservation Policies & Fees . . . . . . . . . . . . . . . . . . . . . . . . Page 4 Section 1.3: Park Open Space and Trails Reservation Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4 Section 1.4: Park Facilities Reservation Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4 Section 1.5: User Group & Special Event Policies & Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 6 Section 2: Recreation Facilities Reservation Policies & Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 9 Section 2.1: Recreation Facilities-Extended Term Reservations Policies . . . . . . . . . . . . . . . . . . . Page 11 Section 3: Aquatic Facility Reservation Policies & Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 12 Section 4: Alcohol Policies & Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 15 Section 5: Vending Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 16 Section 6: Recreation and Aquatic Program Scholarship and Refund Policy & Fees. . . . . . . . . . Page 16 Section 7: Non-city of Bozeman Resident Fee Policy for Facilities and Programs . . . . . . . . . . . . Page 17 65 2 The purpose of this document is to outline reservation policies and fees for Parks and Recreation facility use and programs in a format that is straightforward, easily updateable and available to the public. The Parks and Recreation Advisory Board will review the schedule annually, and fee changes will be recommended to the City Commission for approval. A. Reservation Types: 1. Park Pavilion Reservations 2. Community Garden Plot Reservations 3. User Group Agreements 4. Special Event Permits B. Priorities for use of Park Facilities: 1. City of Bozeman Parks and Recreation Department Programs 2. Long term user groups in good standing 3. Schools and nonprofit groups 4. General public C. General Park Facilities Reservation Requirements: 1. Request for use applications are due to the Parks and Recreation Director or designee for review one month prior to the event start date. 2. Fees are due at the time reservations are made. 3. Each group in the priority list is served on a first come, first served basis. 4. Good standing status is required to make a reservation. 5. A reservation entitles the user to exclusive use of an assigned area during reserved hours. All park policies must be abided by and the park must remain open to the general public unless otherwise approved by the Parks and Recreation Director. 6. Any costs due to damages caused by renter or any person(s) within their party are the responsibility of the renter. This includes but is not limited to damage or destruction caused by abuse or misuse of the facility, garbage left at the site, or equipment which was moved that is not replaced to its original location, such as picnic tables, bases on ball fields, bleachers, etc. 7. Reservations are final with completion of the reservation form or agreement, the Recreation Manager or designee has approved the form or agreement and entered it into the reservation system, and the deposit and fees are received. 8. Any request for fee reduction must be submitted 60 days prior to the event and must be approved by the Parks and Recreation Director or designee. 9. The use of public parks or facilities for personal or business profit is prohibited without first obtaining the applicable agreement (Per BMC Sec. 26.02.070). 10. All reservation and usage requirements stated in this document apply unless otherwise approved by the Director of Parks and Recreation. Section 1: Park Reservation Policies 66 3 Eighteen pavilions in the city park system are available to rent April 1-September 30 and are offered in the following time blocks: 8:00am-3:00pm, 3:30pm-10:00pm, or a full day from 8:00am-10:00pm. Pavilions may be reserved six months in advance in the same calendar year. Between October 1 and March 31, pavilions are used on a first come, first served basis. Each pavilion available to rent has a capacity. See chart below. Reservation requests that exceed the capacity will be considered under a user group agreement (Section 1.5). A Public Assembly Permit is required for any park reservation with a group size of 75 or more people. There is no nonprofit discount available for pavilion reservations. A. Pavilion Reservation Policies: Section 26.02.030 of the City of Bozeman Municipal Code must be referred to for more details regarding park prohibitions. A section of the code is included in all park pavilion applications that must be signed by renters. B. Pavilion Reservation Fees: Tier IV Reservation Fee Up to 200 person capacity $200.00 - Resident 1/2 Day $280.00 - Non Resident 1/2 Day $320.00 - Resident Full Day $448.00 - Non Resident Full Day Tier III Reservation Fee Up to 100 person capacity $100.00 - Resident 1/2 Day $140.00 - Non Resident 1/2 Day $160.00 - Resident Full Day $224.00 - Non Resident Full Day Tier II Reservation Fee Up to 50 person capacity $50.00 - Resident 1/2 Day $70.00 - Non Resident 1/2 Day $80.00 - Resident Full Day $112.00 - Non Resident Full Day Tier - Capacity Name Tier - Capacity Name Tier IV - 200 Anderson Pavilion at Bogert Park Tier I - 15 Kirk Park Pavilion North Tier III - 100 Bozeman Pond Pavilion - 15 Kirk Park Pavilion South Tier II - 50 Glen Lake Rotary Park Pavilion - 20 Norton Ranch Park Pavilion - 50 Lindley Park Pavilion - 20 Oak Springs Park Pavilion -50 Rotary Centennial Pavilion - 20 Reunion Pavilion* - 50 Shane Lalani Pavilion* - 20 Sandan Park Pavilion Tier I - 20 Beall Park Pavilion - 20 The Lakes at Valley West-East Pavilion - 20 Creekwood Park Pavilion - 20 The Lakes at Valley West-West Pavilion - 20 Davis Pavilion* - 20 Valley West Park Pavilion - 20 Dumke Pavilion* *Located in Story Mill Community Park Section 1.1: Park Pavilion Reservation Policies & Fees 67 4 Tier I Reservation Fee Up to 20 person capacity $25.00 - Resident 1/2 Day $35.00 - Non Resident 1/2 Day $40.00 - Resident Full Day $56.00 - Non Resident Full Day D. Refund Policy When a reservation is cancelled more than 15 days prior to the reservation date, a $25 processing fee will be held from the paid fees. If the cancellation or change occurs 14 days or less, no refund will be issued. Community garden plots are available to rent for a fee in three locations: 25 plots at Bozeman City Hall, 21 plots in Westlake Park, and 42 plots in Langhor Park. Garden plot agreements are renewed every year for gardeners in good standing. If not in good standing, an agreement will be terminated and deposit held. A. Responsibilities of the gardener: 1. Use only organic fertilizers, pesticides, and herbicides. 2. Bear all liability incurred, including but not limited to, the use or misuse of pesticides, herbicides, or other chemicals. 3. Remove all silage from the site by sundown on the last Sunday in October, or deposit will be forfeited. 4. Do not exceed the boundaries of the garden plot assigned. 5. Do not use motor vehicles in the park. B. Garden Plot Fees Garden Fee per plot annually Deposit Langhor $60.00 $60.00 Westlake $50.00 $50.00 City Hall $40.00 $40.00 Some open space and trails in city parks may be available to rent through a User Group Agreement (Section 1.5). A. Field Requirements and Reservation Information 1. The Bozeman Parks and Recreation Department makes every effort to have fields ready for play at the beginning of each season, weather dependent. The Bozeman Parks and Recreation Department reserves the right to change the starting date of field availability. During the month of March, turf is often wet and not actively growing, and therefore susceptible to damage from use. Fields may not be available to reserve until April 1, weather and turf conditions dependent. During any month, especially April and May, it is important that use be cancelled when fields are too wet and may be damaged by play. Should damage result from use, repair costs will be deducted from the security deposit. If repair costs exceed the security deposit, the organization will be invoiced the difference. The organization will also be Section 1.3: Park Open Space and Trails Reservation Policies Section 1.2: Community Garden Plot Reservation Policies & Fees Section 1.4: Park Facilities Reservation Policies 68 5 required to reinstate the amount necessary to bring the security deposit to the required amount during seasonal play. 2. Misuse resulting in damage will result in the organizations loss of field use and will affect its ability to reserve fields in the future. 3. The Parks and Recreation Director or Designee shall approve all field preparation vehicles and equipment prior to use. (Section 1.5) 4. Regulation soccer goals must be secured to the ground for safety, using a weight system approved by the Parks and Recreation Director or Designee. B. Banners and Signs at Sports Facilities Any signage intended to be affixed to fencing, structures, or to be staked in the ground must be approved by the Parks and Recreation Director or Designee. Signs may not block the view of the public or cause a distraction. All signage must be removed upon conclusion of the reservation. (per BMC Sec. 38.28.160.) C. Accident Reporting In the event of an accident or emergency, the organization/reservation holder is required to complete a Bozeman Parks and Recreation Department accident report and submit to the Department within 24 hours of the incident. D. Refunds-Sports Facilities For a full refund, cancellations must be submitted to the Parks and Recreation Department a minimum of 15 working days prior to the start of the reservation. Working days are considered Monday-Friday, 8:00am- 5:00pm. Holidays are not considered working days. Security Deposits will be refunded if: 1. No damage has occurred to the facility or equipment 2. All fees were paid in full as stated in the user group agreement 3. All user group agreement requirements were met 4. If damage did occur, the deposit fee will not be released until the damages are fixed by the organization and final inspection and approval by the Parks and Recreation Director or designee is complete. 5. If damages have not been corrected or contracted to be corrected within 14 days of the event, the full deposit will be forfeited. E. Field Preparation Field preparation and infield maintenance on all baseball and softball fields is the responsibility of the renter. This includes weed pulling, dragging, base placement and striping. Only water based paint approved by the Parks and Cemetery Superintendent is allowed on all fields. Chalk is prohibited. Field and Court Types: A. Athletic Fields-Diamond The following are available to rent: 1. Christie Fields 2. Kirk Fields 3. North Grand Fields 4. Softball Complex 5. West Babcock Fields B. Non Programmed Park Space In order to support the demand for field space for a variety of organized field sports, certain non- programmed park areas may be reserved for practices. The field areas are not meant to have official 69 6 league games or sports events. Non-programmed park space may also be reserved for camps and fitness classes through a user group agreement. C. Tennis and Pickeball Courts Reservations for general public, single court use are not accepted. Use is on a first come, first served basis. A 1 hour of play for singles and 1.5 hours for doubles rule is in place on all tennis and pickleball courts when others are waiting. Court reservations are only available for special events and camps. The following courts are available to rent for special events and camps: 1. Southside Tennis Courts (3 available) 2. Southside Pickleball Courts (6 available) 3. Bogert Pickleball Courts (7 available) D. Sand Volleyball and Outdoor Basketball Courts Reservations for general public, single court use are not accepted. Use is on a first come, first served basis. Court reservations are only available for special events and camps. The following sand volleyball courts are available: 1. Bozeman Pond 2. East Gallatin Recreation Area The following outdoor basketball courts are available: 1. Beall 2. Bogert 3. Bozeman Pond 4. Valley Unit Groups and individuals requesting use of a public park for the purpose of implementing fee or non-fee based programs or events are required to obtain a user group agreement or special event permit. The director may enter into agreements with various park user groups, with the fee for such agreements established by the director. (Per BMC Sec. 26.02.040.6) a. Admission fees may be charged for events held in conjunction with a park user group agreement or special event permit if approved by the director and listed in the agreement or permit. b. Articles, food, beverages or service may be sold for events held in conjunction with a park user group agreement or special event permit, if so noted in the agreement or permit. Types: A. User Group Agreement These agreements are available for providers to implement their programs for an agreed upon duration of time. Examples include youth and adult athletic groups, camps, and outdoor fitness classes. User Group Agreements can be submitted up to six months B. Special Event Permit A one-time (one day) event that requires exclusive use of a park, field, or facility will be subject to the Special Event Permit. Examples include a race, concert, wedding, or festival will be subject to the Special Event Permit. Special Event Permits can be submitted up to 12 months in advance. Any “pay to participate” event, tournaments, and/or clinics and camps will be subject to the Special Event Permit, and all obligations and responsibilities that go with it. Special Event Permits do not grant exclusive use of the park without written approval from the Parks and Recreation Director or designee. An admission fee to a permitted event cannot be charged without written approval from the director. Exclusions to this policy include special events covered in an existing user group agreement. No refunds are issued if a special event permit is cancelled. Section 1.5: User Group & Special Event Policies & Fees 70 7 Fees [A 3% increase may be added annually due to inflation.] A. User Group: a. Assessed according to the facility type (Section 1.4) or as established by the Director in the User Group Agreement. b. Diamond Athletic Field fees, non-programmed park space and court use fees: $15 per hour per field, space or court d. Deposit determined per contract e. Requires a $25 processing fee B. Special Event: a. See Pavilion Reservation Fee chart (Section 1.1) on page 3 of this document for fee information. b. When an event exceeds 200 people, the fee is $1 per person. c. No deposit required d. A 50% discount applies to non-profit groups for park use fees. e. Requires a $25 processing fee f. Public Assembly Permit, if applicable Required Information: A. User Group: a. A User Group application is required along with a $25 processing fee. Please allow 2 weeks for review. Upon approval of a User Group Agreement, the following must be provided by the group: 1. Signed Park User Group Agreement 2. Public assembly permit application (if over 75 people) 3. Pre-season walk-though meeting with Parks and Recreation Department staff 4. Portable toilets when applicable, along with rental receipt 5. Security deposit (refundable) when applicable 6. Key deposit (refundable) when applicable 7. Park use fee 8. Liability Insurance and endorsement statement (if group size is 75 or more people) I. Group shall maintain $1,500,000 liability insurance, $750,000 per occurrence, additionally insuring the City of Bozeman, its officers, and agents as well as the group against loss and liability for damages including, but not limited to, personal injury, death, or property damage arising out of, or in connection with the use of the facility and/or park. II. The insurance must be in place and the group shall provide proof of insurance satisfactory to the City of Bozeman prior to the commencement of the use covered by this agreement or the use will not commence as scheduled. 9. Alcohol waiver, if applicable A Special Event Permit application is required. Please allow 2 weeks for review. B. Special Event: a. A Special Event Permit application is required along with a $25 processing fee. Please allow 2 weeks for review. Upon approval of a Special Event Permit, the following must be provided by the group: 1. Signed Special Event Permit 2. Public assembly permit application (if over 75 people) 3. Portable toilets when applicable, along with rental receipt 4. Security deposit (refundable) when applicable 5. Park use fee 6. Liability Insurance and endorsement statement (if group size is 75 or more people) 71 8 I. Group shall maintain $1,500,000 liability insurance, $750,000 per occurrence, additionally insuring the City of Bozeman, its officers, and agents as well as the group against loss and liability for damages including, but not limited to, personal injury, death, or property damage arising out of, or in connection with the use of the facility and/or park. II. The insurance must be in place and the group shall provide proof of insurance satisfactory to the City of Bozeman prior to the commencement of the use covered by this agreement or the use will not commence as scheduled. 7. Alcohol waiver, if applicable 8. Proof of nonprofit status, if applicable 9. A run map, if applicable 10. Approval of a Waiver to Sell Goods, if applicable 11. Approval of any tens, canopies, shade structures prior to assembly, if applicable Park Use Policies: A. Condition of Premises It is expressly understood and agreed upon that renter agrees to maintain and leave all facilities clean, safe, and in a sanitary condition. Failure to do so will result in the renter paying all costs incurred by the City of Bozeman to return the premises to its original condition at a rate of $50 per hour. The City may apply any security deposit received from the user group toward such costs. B. Reservations There shall be no SUBLICENSING of fields, parks or facilities. Sublicensing of a field, park or facility shall be cause for forfeiture of any security deposit and termination of the user group agreement or special event permit. Periods not identified as exclusive in the user group agreement or special event permit will be open to the public or may be reserved by another user group. C. Contacts The renter will be responsible for designating an individual who will be the sole contact for the group. A backup contact shall also be provided. They will be responsible for the initial walk-through, final walk- through, keys checked out, and any assessment charged to the user group pursuant to the agreement or permit. In addition, the renter will provide a list of numbers and email addresses of all officers. D. Schedule The renter shall submit, through their appointed designee, a schedule of events the renter plans to hold on the premises during the term of the agreement or permit. E. Field Preparation It is the sole responsibility of the renter to prepare the fields for game play and practice. On all turf areas, approved athletic field water based paint will be applied. Chalk is prohibited. Maintenance and care of the infield/skinned area is the responsibility of the user group. The Parks and Recreation Director or designee shall approve all field preparation vehicles and equipment prior to use. F. Field Lights The field lights (if applicable) are the sole responsibility of the renter. This includes maintenance and paying the utility bill. The City of Bozeman will contact the user group designee with the amount owed upon receiving the utility bill. It is the renter’s responsibility to pay the bill before the due date. G. Restrooms/Litter Renters will be responsible for policing grounds, dugouts, and fields for litter and equipment left out, on, or near the fields. This includes but is not limited to infield drags, painting machines, hoses, and tarps. The garbage collected will be deposited into the trash receptacles located throughout the park. If there are no garbage receptacles it is up to the user group to provide them. Tarps shall be placed in proper areas. Other equipment shall be returned to buildings or dugouts. 72 9 H. Snow Removal Snow removal by user groups is not allowed on any fields. If snow is plowed off, there will be a charge for damage to irrigation heads, turf, fencing, and other related items. I. Rain Games shall be postponed in the event of wet, saturated turf. Excessive wear due to play on wet fields will be the responsibility of the user group. Renovation and mitigation will be charged to the renter. J. Improvements Any changes, modifications, or improvements to the park shall require a plan and must be approved by the Parks and Recreation Director or designee prior to work being done. At a minimum the plan shall include: schedule of work, timeline, design details, notice of start and completion. City staff shall be consulted regarding guidelines on planning a project and any pre-conferences before the commencement of a project. K. Inflatable Structures Renter agrees to indemnify, protect, defend, save and hold harmless the City, its officers, employees, agents, and volunteers from and against any and all liability, claims, suits, and causes of action for death or injury to persons, or damage to property, resulting from intentional or negligent acts, errors, or omissions of renter arising out of the setup, use or operation of inflatable bounce houses or other similar inflatable apparatus (the “Inflatable Structure”), or resulting from any violation of any federal, state, or municipal law or ordinance, the extent caused, in whole or in part, by the willful misconduct, negligent acts, or omissions of renter, which occurs related to the setup, use or operation of the Inflatable Structure. L. Park Prohibitions Section 26.02.030 of the City of Bozeman Municipal Code must be referred to for more details regarding park prohibitions. The Recreation Division manages four community buildings that are home to Parks and Recreation Department programs and are available to the public to rent for private events. Facilities may be reserved 1 year in advance. A. Recreation facilities available to reserve: Name and Location Building Capacity Beall Park Recreation Center, 415 N. Bozeman Ave. 74 people Lindley Center, 1102 E. Curtiss Ave. 150 people Story Mansion, 811 S. Willson Ave. 83 people (with tables and chairs) 181 people (chairs only) 230 people (no tables and chairs) Story Mill Community Center - Gymnasium, 600 Bridger Dr. 140 people (with tables and chairs) 470 people (no tables or chairs) B. Recreation Facility Reservation Policies: 1. You must be 18 years of age or older to reserve a recreation facility. You must be at a minimum 21 years of age to have alcohol at your event (see #5 below). 2. The time block you’ve paid for is the only time you may be in the building, including your guests, your caterer and rental companies. All rental equipment must be picked up before your reservation end time listed above. An additional reservation time may be needed. Section 2: Recreation Facilities Reservation Policies & Fees 73 10 3. A) A cleaning/damage deposit is required for all facility reservations. Once the cleaning and damage facility check has been completed after your event by our staff, we will process your refund. Any damage to the facility, loss of key, or failure to clean the facility to the standards set by the Parks and Recreation Department will result in a deduction of the cleaning/damage deposit. If the cost of cleaning and/or damage exceeds the deposit amount, the renter will be sent an itemized statement for the remaining cost of cleaning/damage repair. The statement must be paid within 30 days of the date of issue. B) Anyone who rents an indoor recreation facility (regardless of group size) will be required to hire a professional, licensed, insured cleaner to clean the building immediately following their event and provide proof of the hire. Proof of hire must be submitted BEFORE your reservation takes place. The cleaner has to be done no later than two hours after your reservation time ends. 4. All items must be removed from the facility by the end of the reservation time listed on the agreement. After returning the key, the deposit (or remainder thereof) will be mailed to the renter by the City of Bozeman Finance Department within three weeks. 5. Public drinking or display or exhibition of open alcoholic beverages (open containers) is prohibited in public parks and recreational facilities. (per BMC 4.04.030) A waiver of this requirement may be granted. (per BMC 4.04.050) A separate application and fee are required. 6. A ‘safety supervisor’ is required for events with 75 or more adults (minimum 18 years of age) where alcohol is served. 7. Selling of goods, alcoholic beverages, or charging admission to attend a function is prohibited without approval of the Parks and Recreation Director. (per BMC 26.02.070) 8. Smoking is prohibited in all recreation facilities. If there is evidence of smoking in the facility, all of the deposit will be withheld. 9. The renter is responsible for the conduct and actions of the individuals attending the function. Attendees shall not mark, deface, or remove any tables, chairs, benches, refrigerators, railings, equipment, signs, or other city property. 10. Recreation facilities are located in residential areas. Strobe lights, loud noise, indoors or outdoors, are prohibited. Music may be played inside the facility with the volume adjusted so it cannot be heard outside and shall end by 10:00pm. If we receive a complaint from the neighbors after 10:00pm or police are called, renter will lose their deposit. BMC Noise Ordinance applies to all rental facilities. 11. Animals are not permitted in the recreation facilities except service animals authorized under the Americans with Disabilities Act. 12. Vehicles shall park in designated parking areas only. 13. Roller blade or skateboard use is prohibited inside facilities and on porches. 14. Overnight stay and camping is prohibited. 15. Renter is responsible for shoveling sidewalks and stairs. A shovel and ice remover are provided. 16. All functions in Recreation facilities must end by 11:00pm. Renter is responsible to clean the facility immediately after the function according to the clean-up list and remove all personal effects. Cleaning must be completed by 6pm or 1am, depending on reservation time. 17. Renter shall pick up all glass and litter in and around the facility and deposit in the dumpster. 18. Renter shall report all damages to the Parks and Recreation Department. All non-reported damage or violations of these policies may result in the loss of privilege to rent this facility. 19. No tape, staples, nails or tacks on the walls or ceiling. Nothing adhered to walls or doors. 74 11 20. The entire deposit will be forfeited if excessive cleaning is required or unsanitary conditions exist (i.e., vomit) upon inspection. 21. Any police officer shall have full authority to void facility rental permits should the activity hereby approved become disruptive or abusive to disrupt the peace of the area or involve any violations of park or building rules and regulations. Violation of rules, regulations, or laws may result in denial of future reservation requests. 22. It will take 2-3 weeks for your deposit to be returned to you via a check in the mail. C. Facility Rental Refund Policy When a reservation is cancelled or a change is requested (i.e. date or location) more than 15 days prior to the reservation date, a $25 processing fee will be held from the paid deposit. If the cancellation or change occurs 14 days or less, the full deposit will be held back. D. Recreation Facilities Rental Fees: Beall Park Recreation Center Story Mansion Deposit Amount $200 Deposit Amount $500 Friday HALF DAY (5pm-11pm) Monday-Thursday (9am-4pm or 5pm-11pm) City of Bozeman Resident $130 City of Bozeman Resident $250/half day Non-city of Bozeman Resident $156 Non-city of Bozeman Resident $300/half day Saturday or Sunday (9am-4pm or 5pm-11pm) Monday-Thursday FULL DAY (9am-11pm) City of Bozeman Resident $130/half day City of Bozeman Resident $500 Non-city of Bozeman Resident $156/half day Non-city of Bozeman Resident $600 Saturday or Sunday FULL DAY (9am-11pm) Friday-Sunday (9am-4pm or 5pm-11pm) City of Bozeman Resident $260 City of Bozeman Resident $500/half day Non-city of Bozeman Resident $312 Non-city of Bozeman Resident $600/half day Lindley Center Friday-Sunday FULL DAY (9am-11pm) Deposit Amount $200 City of Bozeman Resident $1,000 Monday-Thursday (9am-4pm or 5pm-11pm) Non-city of Bozeman Resident $1,200 City of Bozeman Resident $65/half day Non-city of Bozeman Resident $78/half day Monday-Thursday FULL DAY (9am-11pm) City of Bozeman Resident $130 Non-city of Bozeman Resident $156 Friday-Sunday (9am-4pm or 5pm-11pm) Story Mill Community Center Gym City of Bozeman Resident $130/half day City of Bozeman Resident $35 per hour Non-city of Bozeman Resident $156/half day Non-city Bozeman Resident $50 per hour *Deposit amount equals rent amount and a three Friday-Sunday FULL DAY (9am-11pm) hour minimum is required for gym reservations City of Bozeman Resident $260 Non-city of Bozeman Resident $312 75 12 E. For all City-sponsored functions, there will be no deposit, processing fee, or reservation fee. Hiring of a janitorial service will be required. F. Non-Profit rates are 50% off, require tax documentation, and apply to Beall, Lindley Center, and Story Mansion fees only. Extended term facility reservations are available for individuals or organizations interested in implementing a fee or non-fee based program over an extended period, not to exceed three months. Reservations must be made at least 30 days prior to the reservation date. Upon approval by the Parks and Recreation Director or designee the following must be provided: 1. Facility reservation application and fees 2. Cleaning/Damage deposit as determined per contract 3. Fee as determined per contract 4. Liability Insurance and endorsement statement 1) Group shall maintain $1,500,000 liability insurance, $750,000 per occurrence, additionally insuring the City of Bozeman, its officers, and agents as well as the group against loss and liability for damages including, but not limited to, personal injury, death, or property damage arising out of, or in connection with the use of the facility and/or park. 2) The insurance must be in place and the group shall provide proof of insurance satisfactory to the City of Bozeman prior to the commencement of the use covered by this agreement or the use will not commence as scheduled. 5. Alcohol waiver application, if applicable. (See Section 4: Alcohol Policies for details.) City of Bozeman Aquatic Facilities 1. Bozeman Swim Center, 1211 W. Main Street 2. Bogert Pool, 325 S. Church Ave. The Bozeman Swim Center is a 50 meter, 8-lane indoor aquatic facility which is divided into a 25 yard pool and a 25 meter pool from the end of August to the middle of March utilizing a removable bulkhead. Bogert Pool is an outdoor pool and has two swimming areas: a 25-yard pool ranging from 3.5 feet to 9 feet and a shallow pool with depths from 1 foot to 3 feet. Children age 13 and under require supervision from an adult who is at least 18 years old at all times per Montana Health Code. A. Aquatic Facilities available to rent 1. Bozeman Swim Center a. Entire Pool b. 50 meter lanes c. 20 yard lanes d. 25 meter lanes e. 25 yard lanes B. Priority for use of aquatic facilities 1. City of Bozeman Parks and Recreation Department Programs 2. Long-term User Groups in good standing 3. Schools and Nonprofit Groups Section 2.1: Recreation Facilities-Extended Term Reservations Policies Section 3: Aquatic Facility Reservation Policies & Fees 76 13 4. General Public NOTE: Hours of availability depend on the type of event and the number of people in the group. All group rentals must be approved by the Parks and Recreation Director or designee. C. Aquatic Facility Rental Policies 1. Groups (teams) shall put in and take out the lane lines. 2. All swimmers must exit the water by contracted times. 3. Swimmers must wait to put in lane lines until a coach is on deck. 4. Swimmers are not allowed in the water until a coach and lifeguards are on deck. 5. Liability Insurance and endorsement statement is required, naming the City of Bozeman, Its Officers and Agents as additionally insured for $1,500,000 and $750,000 per occurrence. 6. Groups need to abide by all pool rules and etiquette. D. Pool Rules: MT HEALTH CODE ARM 37.115.1402 1. The main drains must be clearly visible and sharply defined from any point on the side of the pool. Anything else requires the management to close the pool. 2. Take a cleansing shower before using the pool. 3. Please do not use the pool if you have had diarrhea or any other disease transmittable by the water in the past two weeks. 4. Swimmers who are not toilet trained must wear a swim diaper with waterproof pants and elastic openings for the legs and waist. 5. Do not change diapers near or on the deck. 6. Do not bring food, drink, gum or tobacco into the pool or onto the deck area. 7. No animals in the pool or deck area except as required under the American with Disabilities Act. 8. Offensive or unsanitary behavior is prohibited. 9. Non-swimmers and children under the age of 13 shall not use the pool without a responsible adult in attendance. Adults must be 18 or older. E. City of Bozeman Pool Rules 1. Don’t flip the float mats 2. Don’t step onto the mats from the side of the pool 3. No hitting with the noodles (people or the water) 4. Lifeguards may ask kids to take swim test/put on a lifejacket 5. Jump in feet first, no spins or backward jumps 6. Diving allowed only in the deep end (past tall, white guard chair) 7. No flips or back dives 8. Kids may not use the lap swim or water fitness equipment 9. We do not lend out goggles 10. No rough play 11. No food or drinks on the pool deck 12. No glass in the facility 13. No running on the pool deck 14. Groups must provide one adult, 18-years or older, for every 10 kids under 14 15. Patrons must be respectful of lifeguards, fellow patrons, the facility and its rules 16. Patrons may not distract the lifeguards from their surveillance duties 17. Failure to comply with the pool rules and codes may result in suspension from the facility 18. Passes and Punch cards have a 10-day grace period, which during this time, there is a $25 processing fee for reimbursement. No refunds will be issued after ten days. F. Dry Land Practice Guidelines 1. All dry land practice times must be approved by management. 77 14 2. The area directly adjacent to the Swim Center on the west side of the building may be used for dry land practice. 3. Deck space may be used for dry land practice. When deck space is used, exercises that keep swimmers feet in contact with the deck may be performed. Exercises that increase the odds of slipping such as jumping jacks and burpees are prohibited. G. Lap Swimming Etiquette 1. Entering the water Always use a feet-first entry into shallow water. If the lane is crowded, always ease in, using a feet-first entry. You may dive into the pool from the deep end, but only if the pool is completely clear in front of you. 2. Circle Swimming Follow the arrows on the bottom of the pool for proper lap swimming directions. Do not swim on the blue lines. If you are not sure, ask a lifeguard for assistance. 3. Passing The best place to pass someone is at the wall. A light touch of the foot of the person in front of you will indicate to them to stop at the wall and let you pass. If you pass in the middle of the pool, it should be between the backstroke flags, and you should pass in the inside or middle of the lane. Make sure the way is clear. You can also lightly touch the person’s foot to indicate you will be passing them and they should “hug the lane.” 4. Number of People in a Lane Several people (as many as 6 or more) can fit in a lane if proper etiquette is observed and swimmers of like speed are together. 5. Lane Speed The lanes are designated Fast, Medium, and Slow. These terms are relative, so the best way to find the lane that is best for you is to watch those that are swimming. If you are the first one in the lane, abide by the circle swimming rules so others may join you. If you aren’t sure what lane, ask a lifeguard for assistance. Swimming in the same lane with people at your same pace could help you swim better and have a better workout. 6. Stopping/Resting If you are resting on the wall, stay to the right side of the lane to stay away from swimmers coming in. Stopping in the middle of the pool should be avoided. If the lane is crowded and one person stops, all will have to stop. Be aware of the swimmers around you at all times. Do not start if a swimmer is inside the backstroke flags. 7. Water Jogging/Walking Water jogging and walking can take place in lane one, following the direction and rules of circle swimming. 8. The Diplomacy of Shared Space If someone makes a suggestion concerning any of mentioned etiquette topics, try to make adjustments in the spirit of cooperation. If you make a suggestion to another swimmer, try to do it as diplomatically as possible. Lifeguards will intercede only if there is a problem that cannot be resolved or if there appears to be a safety concern. If you are not sure, ask a lifeguard for assistance. H. Private Swim Lesson Policy 1. Lessons must be one on one. Group lessons are prohibited. 2. Instructor and participant must pay the entrance fee. 78 15 3. Private lessons are allowed during recreation swim times in the recreation swim area. A roped off space is not provided. I. Aquatic Fees: 1. Locker rental fees: $10/month, limited lockers available for rent. 2. Swim Meet Fee: $178.32/hour the building is occupied. 3. Coaching certificate: $50 Daily Admission Age Resident Fee Non-Resident Fee Infants age 2 and under FREE FREE Youth (3-18 years) $3.00 $4.00 Adult (19-59 years) $4.00 $5.00 Senior (60+ years) $3.00 $4.00 Family Swim (Fridays) $10.00 per family $10.00 per family Membership Passes Pass Type 1 Month 3 Months 6 Months 12 Months Youth (3-18 years) $30 City/$42 Non $72 City/$101 Non $108 City/$151 Non $161 City/$225 Non Adult (19-59 years) $40 City/$56 Non $96 City/$134 Non $144 City/$201 Non $214 City/$300 Non Senior (60+ years) $30 City/$42 Non $72 City/$101 Non $108 City/$151 Non $161 City/$225 Non Family $192 City/$268 Non $288 City/ $403 Non $428 City/$600 Non Punch Cards Age Resident Fee Non-Resident Fee Youth (3-18 years) $40.00 $50.00 Adult (19-59 years) $50.00 $60.00 Senior (60+ years) $40.00 $50.00 Aquatic Facility Rental Fees 50 Meter Lane $12.73 per lane per hour 25 Meter or Yard Lane $6.37 per lane per hour 20 Yard Lane $4.24 City of Bozeman (Ord. No. 1616, § 1(9.70.040), 7-12-2004) All forms and documents must be submitted at least two weeks in advance. All alcohol waivers must be attached to a reservation, whether it be for a facility, park pavilion, special event, or user group. Alcohol waivers will not be approved without a reservation. A. FOR AN EVENT WITH LESS THAN 75 PEOPLE (Adults age 18 and up) Section 4: Alcohol Policies & Fees 79 16 1. Complete Alcohol Waiver form for under 75 adults B. FOR AN EVENT WITH 75 OR MORE PEOPLE (Adults age 18 and up) 1. Complete Alcohol Waiver form for over 75 adults 2. Responsible Beverage Server Certificate: Someone who has attended the Responsible Beverage Service Training must serve and be responsible for the alcoholic beverages during the duration of the event. A copy of their certification of training must be provided to the Parks and Recreation Department. 3. Certificate of Insurance and Insurance Endorsement Statement: Provide a Certificate that names the "City of Bozeman, its officers, agents, and employees" as additionally insured on a primary non-contributory basis for $1.5 million per occurrence & $750,000 for each claim and host liquor liability of not less than $1 million. Policy must be acceptable by the City of Bozeman. 4. Safety Plan that addresses: a) Identify Safety Plan Supervisor that must be present for duration of event and ensures that plan is adhered to. b) How admission of those who are under the legal age to drink will be handled & consequences when underage drinking occurs. c) How those under the influence of alcohol will be handled – will alternate transportation be offered? d) Action to be taken in the event of a disturbance or medical or other type of emergency any other measures to be taken to maintain a safe environment for those in attendance. C. Alcohol Waiver Fees: Type Fee City of Bozeman Resident $25 per waiver Non-City Resident $35 per waiver Vending of any kind in public parks and in recreation facilities is prohibited without Parks and Recreation Director Approval. With Director Approval, vending is only allowed when attached to a user group agreement, special event, pavilion reservation or facility reservation. A Waiver to Sell Goods form must be submitted a minimum of one month prior to the event. A. Youth Scholarship Program Any child (0-18 years old) who is a resident of the City of Bozeman, who wishes to participate in a Bozeman Parks and Recreation Department program and is in need of financial assistance, may apply for a scholarship. Proof of residency is required. Contracted classes and job training classes (Water Safety Instructor or Lifeguarding) are not included in the scholarship program. Individuals that are eligible for scholarships may apply for 20% to 100% of programs costs for a maximum of $200.00 per year (first come first served until the scholarship funds are exhausted). Current poverty guidelines and a sliding scale are used to determine eligibility. Applications are reviewed by a committee and strict confidentiality is maintained. Section 6: Recreation and Aquatic Program Scholarship and Refund Policy & Fees Section 5: Vending Policies 80 17 B. Recreation and Aquatic Program and Pass Refund Policies Payment is due at registration and participants must be of the required age on the first day of the program to be eligible to participate. Refunds for program and pass cancellations will not be given unless injury or illness prevents participation. If a participant must be cancelled out of a program, a request must be made 10 working days (Monday-Friday) before the start of the program to receive a Parks and Recreation Department credit. Credits may be used for future programs. If the Parks and Recreation Department cancels a program due to low registration, weather, or any unforeseen reason, a full refund for the cancelled program will be issued. If a swim lesson is cancelled due to weather or unforeseen circumstances, a courtesy swim pass will be issued at the completion of the session. Passes and punch cards have a 10 day grace period, which during this time there is a $25 processing fee for reimbursement. No refunds will be issued after 10 days. C. Recreation and Aquatic Program Fees Determined By: Youth Active Aging (ages 60+) 50% of program costs, city subsidizes 50% 50% of program costs, city subsidizes 50% Adult 100% program cost recovery Fees for facility use and programs for non-city of Bozeman residents may be up to 40% more than the fees for residents residing inside the City of Bozeman limits. City of Bozeman resident’s taxes support the general fund that provides a subsidy for Parks and Recreation Department facilities and programs, therefore resident fees for use are lower. In order to receive city rates, your primary residence must be inside the physical boundaries of the City of Bozeman. Section 7: Non-city of Bozeman Resident Fee Policy for Facilities and Programs 81 1 COMMISSION RESOLUTION NO.5288 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, UPDATING THE FEE SCHEDULE FOR PARKS AND RECREATION FACILITY USE AND PROGRAMS. WHEREAS,Resolution 4861 established or amended fee schedules for Park and Recreation Department facility use and programs,and WHEREAS, the City Commission approved Resolution 4861 on April 16, 2018 which included a noticed public hearing, held during the April 16, 2018 City Commission Action Item Agenda; and WHEREAS, the adopted fee schedule for parks and recreation facility use and programs included an annual review by the Recreation and Parks Advisory Board and for any recommended amendments to be presented to the City Commission on subsequent Commission Consent Calendars and; WHEREAS,the Recreation and Parks Advisory Board reviewed the Parks and Recreation Fee Schedule for Facility Use and Programs at their March 11, 2021 and April 8, 2021 meetings and; 82 2 WHEREAS, The Recreation and Parks Advisory Board voted unanimously at their April 8, 2021 meeting to recommend that the City Commission adopt the Parks and Recreation Policy and Fee Schedule for Facility Use and Programs fee updates, and WHEREAS, public notice was provided in conformance with Montana Code Annotated 7-1-4127 regarding this resolution to address updating the Parks and Recreation Fee Schedule for Facility Use and Programs; and WHEREAS, the Bozeman City Commission conducted such public hearing on updatingthe Parks and Recreation Fee Schedule for Facility Use and Programs, in accordance with Montana Code Annotated 7-6-4013, on June 15, 2021, and WHEREAS, The Parks and Recreation Department Director has submitted a recommendation for an update of Parks and Recreation Fee Schedules, and WHEREAS, The City Commission finds value in the update, and the Recreation and Parks Advisory Board annual review and recommendation of the Parks and Recreation Fee Schedule for Facility Use and Programs; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That the Policy and Fee Schedule, attached hereto as Exhibit “A”, be updated for parks and recreation facility use and programs; Section 2 83 3 The updated Policy and Fee Schedule for Facility Use Programs shall be effective July 1, 2021 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 15th day of June 2021. ___________________________________ Cynthia Andrus Mayor ATTEST: ________________________________________ Mike Maas City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 84 Memorandum REPORT TO:City Commission FROM:Emily Cope, District Manager Downtown Bozeman Partnership Ellie Staley, Executive Director Downtown Bozeman Partnership SUBJECT:Downtown Business Improvement District Fiscal Year 2021 Annual Report and Fiscal Year 2022 Budget and Work Plan MEETING DATE:June 15, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:Approve Downtown Business Improvement District Fiscal Year 2021 Annual Report and Fiscal Year 2022 Budget and Work Plan STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas. BACKGROUND:The Downtown Bozeman Partnership administers the Downtown Business Improvement District (BID) on behalf of the City of Bozeman. The Downtown BID Board, as appointed by the City Commission, directs the programs, projects and initiatives of the Downtown BID. MCA 7-12-1131 guides the programs, projects and initiatives of the Downtown BID. The Downtown BID Board took formal action to approve the FY2022 work plan and budget at their monthly public board meeting on May 19, 2021. The Downtown BID presents an annual report and proposes a work plan and budget for approval by the City Commission during public hearings on the proposed City budget on an annual basis as required by statute. UNRESOLVED ISSUES:None identified ALTERNATIVES:None identified FISCAL EFFECTS:The Downtown BID is funded by the special assessments collected from property owners within the district. The BID assessment for FY2022 will be $185,000 as approved by the board at the May 19, 2021 board meeting. The BID will also receive approximately $41,600 in additional revenue from sponsorships and contracts. Total FY21 revenues are budgeted as approximately $226,600. The FY21 budget expenses are estimated to be $224,450. The BID has approximately $136,810 in capital and operation reserves. 85 Attachments: FY2022 BID Work Plan Budget Packet.pdf Report compiled on: June 2, 2021 86 CITY COMMISSION MEMORANDUM TO: Mayor Andrus and City Commission FROM: Emily Cope, District Manager Downtown Bozeman Partnership SUBJECT: Downtown Business Improvement District Fiscal Year 2021 Annual Report and Fiscal Year 2022 Budget and Work Plan MEETING DATE: June 15, 2021 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve the Downtown Business Improvement District Fiscal Year 2022 Work Plan and Budget as submitted. BACKGROUND: The Downtown Bozeman Partnership administers the Downtown Business Improvement District (BID) on behalf of the City of Bozeman. The Downtown BID Board, as appointed by the City Commission, directs the programs, projects and initiatives of the Downtown BID. MCA 7-12-1131 guides the programs, projects and initiatives of the Downtown BID. The Downtown BID Board took formal action to approve the FY2022 work plan and budget at their monthly public board meeting on May 19, 2021. The Downtown BID presents an annual report and proposes a work plan and budget for approval by the City Commission during public hearings on the proposed City budget on an annual basis as required by statute. FISCAL EFFECTS: The Downtown BID is funded by the special assessments collected from property owners within the district. The BID assessment for FY2022 will be $185,000 as approved by the board at the May 19, 2021 board meeting. The BID will also receive approximately $41,600 in additional revenue from sponsorships and contracts. Total FY21 revenues are budgeted as approximately $226,600. The FY21 budget expenses are estimated to be $224,450. The BID has approximately $136,810 in capital and operation reserves. 87 ATTACHMENTS: The following documentation is included as a single attachment: • FY21 Downtown BID Annual Report • FY22 Downtown BID Work Plan • FY22 Downtown BID Budget 88 The BID Misson: Keeping Downtown Beautiful and Vibrant The downtown Bozeman Business Improvement District (BID) is an organization of downtown property owners who through thoughtful, pro-active collaboration and partnership with local government, business owners, residents and citizens strive to create a shared vision and voice for the community of downtown Bozeman. The BID will commit resources, identify, plan and act on short-term and long-term initiatives otherwise unavailable to individual owners. The BID has a goal of ensuring the long-term preservation and vitality of the city’s underlying economic, cultur- al, social and environmental assets and the BID will work together to keep our downtown a safe, beautiful and vibrant place. Downtown Business Improvement District FY2021 BID ANNUAL REPORT Eric Bowman-Chair Eric Sutherland-VC Jolee Barry Mike Basile Ileana Indreland Erik Nelson Susan Neubauer BID Board Below are some interesting “statistics” demonstrating the quantity of work accomplished by the BID in FY2021. BID by the Numbers: They All Add Up to Success 3500 Number of hours worked by BID maintenance staff 3640 Number of trash and recycling receptacles emptied 525 Number of graffiti tags removed 270 Number of flower baskets purchased and installed 118 Number of consecutive days flowers watered 108 Number of holiday decorations installed 1180 Number of streetlamp banners installed BID Graffiti Removal Program: Winning the Battle Against Vandalism The rising level of graffiti vandalism in our downtown is an eyesore that threatens the well-being of downtown and is an affront to our entire community. Graffiti contributes to lost revenue associated with reduced retail sales and declines in property value. In addition, graffiti generates the perception of blight and a sense that a place is in a state of decline and may even be unsafe. A survey conducted in 2008 documented over 300 separate tags in the downtown district. That same year, the BID Board commit- ted funds to launch the Graffiti Removal Program to tackle this growing problem. Case studies have repeatedly proven that the number one deterrent to graffiti is prompt removal of new tags. Therefore, the BID maintenance program strives to remove all new tags within 48 hours. In FY2021, BID maintenance staff removed 525 graffiti tags bringing the total number removed over the life of the program to 4,072. Below are “before-and-after” photos showing the BID Graffiti Removal Program in action. 89 Over the years the BID maintenance program has grown to include two full -time employees and two part-time employees. The maintenance staff work 7 days a week during the summer and 5 days a week in winter doing a variety of projects to keep downtown clean, appealing and inviting. On a daily and weekly basis, maintenance staff: empty the trash receptacles; pick up garbage from storefronts, doorways and sidewalks; water the flow- er baskets; clean up Soroptomist Park; remove stickers and posters; re- move graffiti tags; snow removal from crosswalks. Year round the BID maintenance staff maintain the light pole banners, assist with DBA events, and install holiday decorations. The BID maintenance team utilizes the ever-present Mule ATV and pick-up truck to perform many of their day-to-day tasks. BID Maintenance Program: Keeping Downtown Bozeman Attractive BID Flower Basket Program: A Downtown Summer Tradition Perhaps the most beloved BID initiative is the Flower Basket Program that adorns the street lamps downtown with over 270 baskets of color every summer. Not only does the BID purchase the planted baskets of Super Petunias, but the maintenance staff waters them seven days a week for over 115 consecutive days to ensure they remain vibrant throughout the summer. To make this program a reality, the BID orders the baskets to be planted in Feb- ruary. The flowers are cultivated until early June when they can be hung down- town after the last hard frost. Then the work begins for the staff to water them each and every day. The BID utilizes a pick-up truck complete with a 535 gallon water tank, pump and hose to complete the watering. BID Holiday Decoration Program: Celebrating the Winter Season The BID installs the holiday decorations that make downtown fes- tive from Thanksgiving through New Years. Year after year, the BID relies the commitment of the many community partners that make “lighting up the town” possible. For over 30 years, the BID has installed the intersection decora- tions known as the “Christmas Spiders.” The BID relies on the following groups to make all the holiday decoration an annual tradi- tion: Bozeman Fire Department, City Forestry Division, Streets and Sign Departments, Bozeman Arborcare, Montana Crane Service. The other holiday decorations that adorn downtown include 80 lit strands of garland that the BID maintenance staff wrap around each historic street lamp up and down Main Street. A total of 16 large wreaths and bows are hung from the traffic light standards. The BID also lights the large trees in Soroptomist Park. Prepared by: Emily Cope—District Manager 406-586-4008 www.downtownbozeman.org emily@downtownbozeman.org BID New Program: Street Outreach in Downtown This year the BID allocated $12,000 towards a new pilot program partnered with COB and HRDC that will run throughout the summer of 2021. This program is managed by HRDC. The pilot program proposes a two em- ployee approach, one for street outreach (time spent visiting with people physically downtown and using a housing first approach while connecting persons to existing resources) and one for business relations (time spent talking to business community to understand current concerns and time spent training for employers and employers). 90 Downtown Business Improvement District FY2022 BID Work Plan and Budget BID Mission Statement The BID is an organization of downtown property owners who through thoughtful, pro-active collaboration and partnership with local government, business owners, residents and citizens strive to create a shared vision and voice for the community of downtown Bozeman. The BID will commit resources, identify, plan and act on short- term and long-term initiatives otherwise unavailable to individual owners. The BID has a goal of ensuring the long-term preservation and vitality of the city’s underlying economic, cultural, social and environmental assets and the BID will work together to keep our downtown a safe, beautiful and vibrant place. BID Assessment Programs The following programs are funded by the special assessments collected from property owners within the Business Improvement District. The BID assessment for FY2022 will be $185,000 as approved by the board at the May 19, 2021 board meeting The BID will also receive approximately $41,600 in additional revenue from sponsorships and maintenance contracts. Downtown Bozeman Partnership ($58,750) The BID is a member of the Downtown Bozeman Partnership. The BID contributes to the administration of the Downtown Partnership office located at 222 East Main Street. Downtown Bozeman Association ($26,150) The BID contributes to the DBA to support its events, staff and marketing efforts to promote downtown. The DBA hosts events downtown that include Art Walks, Christmas Stroll, Music on Main, Crazy Days, Cruisin’ on Main Car Show, Bridal Walk and more. New Program ($15,000) The BID funded a pilot program during summer of 2021 for street outreach. The board will discuss and vote on funding of a new program in FY22. The new program could be street outreach, sidewalk pressure washing, district wide wireless internet, or another as needs arise for the district. Summer Flowers ($25,000) The BID purchases, installs and maintains (which includes watering 7 days a week) 270 hanging baskets of Super- Petunias. These flower baskets are hung throughout downtown from June through September on the historic lamp posts. This program grows each year as additional historic street lamps are installed downtown. 91 Holiday Lighting ($4,900) The BID installs the following holiday lighting downtown: 1) lighted garland on each historic lamp post along Main Street; 2) lights on the large conifer trees in Soroptomist Park; 3) garland wreaths at the Rouse, Church, Wallace, and Grand intersections; and 4) the infamous holiday “spider” decoration above the downtown intersections. Maintenance Program ($66,600) The BID hires two full-time maintenance employees in addition to two part-time maintenance employees for the summer months. Primary tasks performed by the BID maintenance staff includes garbage collection, flower watering, tree watering, Soroptomist Park upkeep, installation of the light pole banners, maintenance of pedestrian benches, graffiti removal, and limited snow removal. The BID maintenance staff removed over 3640 bags of garbage and recycling during the past year. Graffiti Removal Program ($5,625) The BID comprehensive graffiti removal program is in its third year of operation. Since 2009, this program has removed 3500 graffiti tags. The BID maintenance staff removes tags from public property and works with property owners to clean private buildings of graffiti. The BID will continue to actively remove new tags as quickly as possible considering immediate removal has proven to be the most effective deterrent. 92 Downtown Banners ($3,000) The BID purchases, installs and maintains the downtown light pole banners. Seasonally the BID installs banners for MSU, Bozeman Farmers Market, Bridger Bowl, Big Sky Resort, Sweet Pea, Yellowstone Forever, Bridgercare and Greater Yellowstone Coalition. Tree Replacement ($2,000) The BID replaces trees that have died in the downtown district. In coordination with the City Forestry Division, dead trees are removed and then replaced by a local nursery. Smaller newly planted trees are susceptible due to physical damage and insufficient water. The BID replaces between two and six trees a year. Downtown Marketing ($2,500) The BID contributes to the general marketing of downtown Bozeman. These funds are made available to the Downtown Partnership which places advertisements in ten to twelve local, regional and state-wide publications. Vehicle Maintenance ($7,550) The BID owns and maintains a maintenance truck and ATV. Maintenance Supplies ($6,125) The BID purchases a wide variety of maintenance supplies for various programs. The FY2022 Downtown BID Assessment Budget and corresponding Work Plan was approved by the BID Board on May 19, 2021. Please refer to the FY2021 BID Annual Report attached for more program details. 93 Downtown Business Improvement District FY2022 Assessment Budget Income BID Assessment 185,000$ BID Assessment--residual Contract Income 17,500$ Interest Income 100$ Mobile Vending Fees 2,000$ Flower Sponsorships 8,500$ Christmas Light Sponsorships 3,500$ Streetlamp Banners 10,000$ Total Income 226,600$ Expenses Management Fee 58,750$ Total Expenses 58,750$ Payroll Expenses Maintenance Staff 45,000$ Taxes 3,950$ Work Comp 2,700$ Maintenance Staff--Garage 13,000$ Taxes 975$ Work Comp 975$ Total Payroll Expenses 66,600$ Programs New Program 15,000$ Downtown Bozeman Association (DBA) Support 26,150$ Christmas Lights 2,000$ Christmas Light Spider Repair 1,500$ Christmas Lights Storage 1,400$ New Banners 3,000$ Flower Expenses 25,000$ Flower Water 250$ Tree Purchases 2,000$ Marketing 2,500$ Maintenance Supplies 3,500$ Garbage Bags 2,625$ Graffiti Supplies 1,125$ Graffiti Contracted Removal 4,500$ Mule Service & Fuel 1,500$ Truck Service & Fuel 2,200$ Vehicle Insurance 3,850$ Program Contingency 1,000$ Total Program Expenses 99,100$ Total BID Expenses 224,450$ NET ASSESSMENT INCOME 2,150$ 94 Memorandum REPORT TO:City Commission FROM:Emily Cope, District Manager Downtown Bozeman Partnership Ellie Staley, Executive Director Downtown Bozeman Partnership SUBJECT:Downtown Urban Renewal District Fiscal Year 2021 Annual Report and Fiscal Year 2022 Budget and Work Plan MEETING DATE:June 15, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:Approve the Downtown Urban Renewal District Fiscal Year 2022 Work Plan and Budget as submitted. STRATEGIC PLAN:1.4 Business and Institutional Partnerships: Explore opportunities for partnerships with key business groups and non-profit organizations. BACKGROUND:The Downtown Bozeman Partnership administers the Downtown Urban Renewal District on behalf of the City of Bozeman. The Downtown Urban Renewal District Board, as appointed by the Mayor and City Commission, directs the programs, projects and initiatives of the Downtown URD. The 1995 Downtown Urban Renewal Plan and 2019 Downtown Bozeman Improvement Plan, as adopted by the City Commission, guides the programs, projects and initiatives of the Downtown URD. The Downtown URD Board took formal action to approve the FY2022 work plan and budget at their public board meeting on May 18, 2021. The Downtown URD presents an annual report for last year and proposes the next year’s work plan and budget for approval by the City Commission during public hearings as required by statute. UNRESOLVED ISSUES:None identified ALTERNATIVES:None identified. FISCAL EFFECTS:The Downtown URD anticipates a FY21 year-end balance of $3.29 million and FY22 revenues are projected to be $1.87 million which totals $5.16 million of funding available for FY22. The proposed FY22 expenditures total $3.45 million with an estimated FY22 year-end balance of $1.71 million. 95 Attachments: DTN URD FY2022 Budget Commission Packet.pdf Report compiled on: June 3, 2021 96 CITY COMMISSION MEMORANDUM TO: Mayor Andrus and City Commission FROM: Emily Cope, District Manager Downtown Bozeman Partnership SUBJECT: Downtown Urban Renewal District Fiscal Year 2021 Annual Report and Fiscal Year 2022 Budget and Work Plan MEETING DATE: June 15, 2021 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve the Downtown Urban Renewal District Fiscal Year 2022 Work Plan and Budget as submitted. BACKGROUND: The Downtown Bozeman Partnership administers the Downtown Urban Renewal District on behalf of the City of Bozeman. The Downtown Urban Renewal District Board, as appointed by the Mayor and City Commission, directs the programs, projects and initiatives of the Downtown URD. The 1995 Downtown Urban Renewal Plan and 2019 Downtown Bozeman Improvement Plan, as adopted by the City Commission, guides the programs, projects and initiatives of the Downtown URD. The Downtown URD Board took formal action to approve the FY2022 work plan and budget at their public board meeting on May 18, 2021. The Downtown URD presents an annual report for last year and proposes the next year’s work plan and budget for approval by the City Commission during public hearings as required by statute. FISCAL EFFECTS: The Downtown URD anticipates a FY21 year-end balance of $3.29 million and FY22 revenues are projected to be $1.87 million which totals $5.16 million of funding available for FY22. The proposed FY22 expenditures total $3.45 million with an estimated FY22 year-end balance of $1.71 million. 97 ATTACHMENTS: The following documentation is included as a single attachment: • FY21 Downtown URD Annual Report • FY22 Downtown URD Work Plan • FY22 Downtown URD Budget 98 Downtown Urban Renewal District FY2021 Annual Report and FY2022 Work Plan and Budget In 1995, the City Commission adopted the Urban Renewal Plan for downtown Bozeman which was subsequently amended in 2015. The intent and purpose of the Urban Renewal Plan emphasizes: 1.Bozeman’s historical character as a “working” downtown shall be maintained.2.Traffic movement and access shall be designed with the emphasis on the downtown as a designationrather than improving the flow of through traffic. 3.The facilitation of private/public partnerships is encouraged in the implementation of the Plan.4.Objectives shall be accomplished by incentives whenever possible.5.Private property rights will be respected.6.Administrative practices shall be conducted in a constructive manner which fosters cooperation.7.This Plan is further detailed, refined, prioritized and implemented by the “Downtown Improvement Plan”which outlines specific programs and projects consistent with the Urban Renewal Plan. The Urban Renewal Plan established nine “Guiding Principles” to provide direction for improving Bozeman’s historic downtown. The Urban Renewal Study Committee considered the first three principles more important than the next three with the last three the least important. However, the Committee deemed all nine principles to be vital to achieving the vision for downtown. Key implementation actions were identified for each principle (may apply to multiple principles but are only listed once below). 1.Strengthen downtown’s economic vitality •Provide more, better managed parking; retain public offices and anchor businesses; facilitatecommercial development; eliminate unnecessary regulatory barriers to reinvestment; enable highdensity housing; eliminate through truck traffic and restore Main Street as pedestrian-friendly 2.Improve the safety, security and health of the district •Improve traffic flow emphasizing downtown as a destination; improve public works; improve night- time lighting; improve sidewalks; increase police presence; improve alley and parking lotappearance and safety3.The image of downtown shall be continuously improved •Improve streetscape aesthetics and amenities; enhance appearance of and accessibility toBozeman Creek; improve trash removal 4.Downtown’s accessibility shall be improved •Provide effective public transportation; better accommodate bicycles; reduce reliance on privateautomobiles5.“Community Partnership” is fundamental to downtown’s success •Encourage growth of cultural activities; preserve historic character6.Downtown’s diversity shall be facilitated7.The cost of projects and programs shall be weighed against their benefits 8.Downtown shall become more user friendly9.Cultural activities shall be nurtured and expanded downtown Downtown URD Mission Statement The Downtown Bozeman Urban Renewal District board (URD) will foster an economically thriving district that: 1) attracts investment; 2) stabilizes and strengthens the tax base; and 3) supports the vitality and diversity of the Gallatin Valley as its social and cultural center. 99 Downtown Urban Renewal District (URD) FY2021 Annual Report (July 1, 2020 to June 30, 2021) Structured Parking Informal, Site Plan, Bids $ 750,000 budgeted $ 0 invested Since a location for a second parking garage has not been found, this $750k will roll into FY22 and fund the informal (schematic) and site plan design work for a specific second parking garage. As noted below this is just a portion of the “soft costs” associated with constructing a new garage. Downtown Parking Garage $ 335,000 budgeted $ 335,000 invested The URD made the annual bond payment contribution for Bridger Park, the downtown parking garage. Downtown Streetlamp Power Reconfiguration $ 250,000 budgeted $ 0 invested This project was not completed this year due to staffing constraints at the city. North Rouse Streetscape Project $ 225,000 budgeted $ 35,483 invested The URD has been working with the Montana Department of Transportation since 2018 to incorporate the elements of the downtown streetscape into the reconstruction of Rouse Avenue. A portion of this project was completed in FY21, the remaining funds will carry on to FY22. Downtown Residential Incentive Program $ 200,000 budgeted $ 0 invested The purpose of the Downtown Residential Incentive Grant Program is to encourage the creation of more attainable housing units downtown. The Program will reimburse a portion of housing-related impact fees for qualifying residential projects. No applications have been received for this program. Downtown Partnership Management Fee $ 175,000 budgeted $ 175,000 invested The URD is a member of the Downtown Bozeman Partnership, LLC which serves as the incorporated management agency for all the downtown organizations (BID, DBA, URD). This management fee pays for a portion of the operating costs of the downtown office in addition to most of the payroll costs of the Executive Director and District Manager positions. Downtown Plan Transportation Projects $ 122,300 budgeted $ 31,392 invested The URD board approved Part 1 of a scope of work prepared by Sanderson Stewart which will included: 3-lane Main Street configuration with diagonal parking options; bicycle facility improvements on Mendenhall and Babcock; possible new traffic signals on Mendenhall and Babcock; and Schematic Design (17.5%) = $306,250 306,250$ Design Development (25%) = $437,500 437,500$ 743,750$ Construction Documents (33%) = $577,500 577,500$ Bidding & Negotiation (2%) = $35,000 35,000$ Construction Administration (22.5%) = $393,750 393,750$ Total (100%) = $1,750,000 1,750,000$ Complete design, permitting and construction administration services for a second structured parking facility in Downtown Bozeman, including architectural, MEP, structural, civil, survey and geotechnical services.  Permitting includes the City of Bozeman site plan application and building permit processes. 100 pedestrian crosswalk improvements. MDT and COB provided comments to the initial work prepared by Sanderson Stewart. The URD Board will be reviewing this work and make a decision to move forward with Part 2 in FY22. Part 2 will include traffic data collection and analysis of the affected intersections and corridors for the extent of the improvements. The scope of work for Part 2 may need to be reconsidered based on the findings from Part 1 prior to the separate authorization to proceed. Part 2, as currently scoped, has a not-to-exceed cost of $90,590. Fiber Infrastructure Project $ 110,000 budgeted $ 3,125 invested The URD continues to invest in upgrades to downtown’s open-source fiber broadband infrastructure and provide grants to defray the costs to connect downtown buildings/businesses to the fiber network. A total of $3,125 was invested in grants to property owners for fiber installation. Armory Hotel Incentive $ 100,000 encumbered $ 100,000 invested In 2013 the URD awarded up to $100,000 to the Armory Hotel project and those funds remain encumbered until the completion of the hotel. The purpose of the Downtown Hotel Incentive Grant Program was to encourage the construction of a quality hotel within the district. The Armory Hotel project was completed and awarded the full grant amount of $100,000 on September 15, 2020. Downtown Improvement Plan Implementation $ 100,000 budgeted $ 14,755 invested This funding is intended to be available for smaller investments in the implementation of the 2019 Downtown Improvement Plan objectives. In FY21 funding was used to complete the infrastructure at the North Black Pocket Park as well as an update to the 3D SketchUp model for downtown. South Wallace Asbestos Project $ 75,000 encumbered $ 75,000 invested The URD pledged these funds to be invested in the remediation of the asbestos contamination under the South Wallace roadway. The remediation was performed in conjunction with the sewer and water line upgrade along South Wallace between Main Street and Babcock Streets. This project was completed and the full amount of $75,000 was paid out on October 19, 2020. North Willson Streetscape Project $ 75,000 budgeted $ 0 invested This funding is to construct new streetscape (sidewalk, trees, and lamps) along North Willson adjacent to the South Willson public parking lot and connect to new streetscape along East Mendenhall adjacent to the Armory Hotel. Professional Services Term Contract $ 75,000 budgeted $ 528 invested The intent of this funding is to allow the URD to nimbly respond to needs for professional services in response to unanticipated issues. The professional services will include but not be limited to engineering, architecture, urban planning, parking and fiber consulting. Technical Assistance Grant Program $ 50,000 budgeted $ 15,000 encumbered $ 15,536 invested This program supports current or potential developers, owners, and tenants with technical assistance during the preliminary phases of possible redevelopment projects in the downtown tax increment 101 district. This year the URD awarded four grants to a variety of proposed downtown redevelopment projects. Two grants that were previously awarded were given this year to property owners. Streetscape Assistance Program $ 50,000 budgeted $ 0 invested This URD program will provide property owners with partial reimbursement for the installation of streetlamps in accordance with the Downtown Streetscape Plan. The program is designed to support private investment, redevelopment of property and the improvement of public areas in downtown. Life-Safety Grant Program $ 50,000 budgeted $ 5,464 invested This URD program provides property owners with partial reimbursement for life-safety code compliance upgrades. The program is specific to the installation of dedicated fire lines connecting a building’s sprinkler system to the municipal water main. The program has a one-to-one match required of the property owner and a per-project dollar cap of $10,000. A total of $5,464 was invested to grant recipients. Streetscape Element Purchases and Maintenance $ 45,000 budgeted $ 22,487 invested The URD continues to supplement the existing streetscape inventory by purchasing additional historic streetlamps, trash receptacles, pedestrian benches, tree guards and bike racks. Funding was also used for the ongoing maintenance of the streetlamps, Soroptomist Park, and the North Black Pocket Park. Additional funding is expected to be used before the end of FY21. SILD and Streetscape Engineering $ 50,000 budgeted $ 0 invested This year’s work will focus on finalizing a new comprehensive Special Improvement Lighting District and conducting preliminary streetscape engineering on North Willson and West Main. Downtown Plan Historic Inventory Updates $ 38,750 budgeted $ 38,750 invested These are matching funds assisted the Community Development Department to update the historic inventories for over 150 downtown buildings. This was the first step of developing a set of downtown design guidelines per the 2019 Downtown Plan and 2019 NCOD Report. In 2015 the URD provided $30,000 of matching funds for updating the historic inventories for over 100 buildings. This project is underway and the full amount of $38,750 was transferred to the Community Development Department. DBIP: Alley Enhancement Project $ 19,000 encumbered (planning) $ 50,000 budgeted (implementation) $ 25,000 budgeted (planning) $ 10,521 invested The URD funded $10,521 towards planning to complete preliminary design of alley improvements in north alley between Tracy and Black—the parking garage alley—that includes a combination of public art, seasonal planters, pavement treatments, lighting, seating, and landscaping. This project was put on hold while the DBP hired a new Executive Director. DBIP: Bozeman Creek Project $ 30,000 budgeted (planning) $ 50,000 budgeted (implementation) $ 15,000 invested 102 The URD invested $15,000 towards planning for a variety of enhancements to Bozeman Creek as suggested in the 2019 Downtown Improvement Plan. This project was put on hold while the DBP hired a new Executive Director. Alternative Transportation Project $ 25,000 budgeted $ 0 invested This URD funding is to be invested in the planning, design, and implementation of alternative transportation infrastructure potentially including EV charging, car share, and multi-modal transportation systems as recommended in the 2019 Downtown Improvement Plan. Structured Parking Feasibility Analysis $ 25,000 budgeted $ 20,763 invested The URD worked with the term contract team to continue studies on potential sites for a second parking garage and parking deck alternatives on surface lots. City Economic Development Technician $ 21,740 budgeted $ 20,000 invested The URD is committed to partially fund the City Economic Development Department Specialist FTE. This employee will work on a variety of tasks directly related to the downtown URD including parking and tax increment financing. The URD began contributing funding for this position in FY20 URD. Library Pedestrian Safety Improvements $ 15,000 budgeted $ 15,000 invested The URD board approved a $15,000 request from Bozeman Public Library director and board for the Library’s parking lot pedestrian safety improvement plan. This project was allocated in FY19 URD budget but was then postponed. This project was completed and the full amount of $15,000 was transferred to the Public Library. Main Street Truck Traffic Study $ 15,000 encumbered $ 6,155 invested The Western Transportation Institute completed the Main Street Truck Traffic Study, as an update to the same study conducted back in 2015. Expenditures compiled on May 31, 2021. Prepared and submitted by: Emily Cope Downtown Bozeman Partnership 222 East Main Street #302 Bozeman MT 59715 emily@downtownbozeman.org 406-586-4008 103 Downtown Urban Renewal District (URD) FY2022 Work Plan (July 1, 2021 to June 30, 2022) All budgeted investments over $15,000 are documented Structured Parking Informal, Site Plan, Bids $ 750,000 budgeted The URD will continue to invest in planning for additional structured parking downtown. This $750k would fund the informal (schematic) and site plan design work for a specific second parking garage. As noted below this is just a portion of the “soft costs” associated with constructing a new garage. Downtown Parking Garage $ 335,000 budgeted The URD will make the annual bond payment contribution for Bridger Park, the downtown parking garage. Downtown Utility Infrastructure Improvements $ 250,000 budgeted This funding will support utility infrastructure improvements such as repairs to poles, pipes, cables, wires, conduits, etc. The URD Board will be discussing further how to allocate funding to projects. Downtown Residential Incentive Program $ 200,000 budgeted The purpose of the Downtown Residential Incentive Grant Program is to encourage the creation of more attainable housing units downtown. The Program will reimburse a portion of housing-related impact fees for qualifying residential projects. Last year the program was revised to encourage the creation of new smaller studio and one-bedroom residential units as well as residential units that have long-term affordability controls. Downtown Partnership Management Fee $ 190,0000 budgeted The URD is a member of the Downtown Bozeman Partnership, LLC which serves as the incorporated management agency for all the downtown organizations (BID, DBA, URD). This management fee pays for a portion of the operating costs of the downtown office in addition to most of the payroll costs of the Executive Director and District Manager positions. North Rouse Streetscape Project $ 182,000 encumbered The URD has been working with the Montana Department of Transportation since 2018 to incorporate the elements of the downtown streetscape into the reconstruction of Rouse Avenue. The current scope includes purchasing the streetlamps ($85,000), final engineering for streetlamp installation ($17,000 remaining from FY21), and a separate contract to install the streetlamps ($80,000). Schematic Design (17.5%) = $306,250 306,250$ Design Development (25%) = $437,500 437,500$ 743,750$ Construction Documents (33%) = $577,500 577,500$ Bidding & Negotiation (2%) = $35,000 35,000$ Construction Administration (22.5%) = $393,750 393,750$ Total (100%) = $1,750,000 1,750,000$ Complete design, permitting and construction administration services for a second structured parking facility in Downtown Bozeman, including architectural, MEP, structural, civil, survey and geotechnical services.  Permitting includes the City of Bozeman site plan application and building permit processes. 104 Downtown Plan Transportation Projects $ 25,000 budgeted $ 91,000 encumbered This funding of $25,000 is intended for the study of the transportation concepts in 2019 Downtown Improvement Plan not completed in Part 1 of a scope of work completed by Sanderson Stewart in FY21. In FY21, The URD board approved Part 1 of a scope of work prepared by Sanderson Stewart which will included: 3-lane Main Street configuration with diagonal parking options; bicycle facility improvements on Mendenhall and Babcock; possible new traffic signals on Mendenhall and Babcock; and pedestrian crosswalk improvements. MDT and COB provided comments to the initial work prepared by Sanderson Stewart. The URD Board will be reviewing this work and make a decision to move forward with Part 2 in FY22. Part 2 (encumbered funds) will include traffic data collection and analysis of the affected intersections and corridors for the extent of the improvements. The scope of work for Part 2 may need to be reconsidered based on the findings from Part 1 prior to the separate authorization to proceed. Part 2, as currently scoped, has a not-to-exceed cost of $90,590. DBIP: Alley Enhancement Project $19,000 encumbered(implementation) $ 50,000 budgeted (implementation) $ 45,000 budgeted (planning) The $19,000 of encumbered funds (from FY20) as well the $50,000 budgeted funds are to complete alley improvements in north alley between Tracy and Black—the parking garage alley—that includes a combination of public art, seasonal planters, pavement treatments, lighting, seating, and landscaping. The $45,000 is for planning improvements to a new section of alley (TBD) and planning for utility and stormwater management. Fiber Infrastructure Project $ 110,000 budgeted The URD continues to invest in upgrades to downtown’s open-source fiber broadband infrastructure and provide grants to defray the costs to connect downtown buildings/businesses to the fiber network. Downtown Infrastructure and Public Realm Plan $ 100,000 budgeted This URD funding will used to develop an infrastructure and public realm plan with the COB as recommended in the 2019 Downtown Improvement Plan. This plan will Establish a framework for making near term strategic infrastructure investments that incrementally build to the long term vision, align development and provide a stable path for private investment, while leveraging limited public resources, enhance Downtown’s identity and ensure that public realm improvements create a visually consistent and sustainable environment, coordinate with city-wide infrastructure plans and projects, and lay out potential state and federal funding. Downtown Improvement Plan Implementation $ 100,000 budgeted This funding is intended to be available for smaller investments in the implementation of the 2019 Downtown Improvement Plan objectives. Technical Assistance Grant Program $ 50,000 budgeted $ 45,000 encumbered This program supports current or potential developers, owners, and tenants with technical assistance during the preliminary phases of possible redevelopment projects in the district. This program facilitates navigating code requirements, preparing for the planning application and approval process, and evaluating historic preservation considerations. 105 Downtown Design Guidelines $ 85,000 budgeted In FY21 the URD provided $38,750 to City Community Development Department to contract updating historic inventories for downtown buildings. This was the first step of developing a set of downtown design guidelines per the 2019 Downtown Plan and 2019 Neighborhood Conservation Overlay District Report. DBIP: Bozeman Creek Project $ 30,000 budgeted (planning) $ 50,000 budgeted (implementation) The URD intends to continue planning for a variety of enhancements to Bozeman Creek as suggested in the 2019 Downtown Improvement Plan with $30,000 of funding. The $50,000 is for creek improvements that could include a combination of public art, education elements, culvert improvements, furniture (benches, picnic tables), stream restoration, and bank stabilization. North Willson Streetscape Project $ 75,000 budgeted This funding is to construct new streetscape (sidewalk, trees, and lamps) along North Willson adjacent to the South Willson public parking lot and connect to new streetscape along East Mendenhall adjacent to the Armory Hotel. Professional Services Term Contract $ 75,000 budgeted The intent of this funding is to allow the URD to nimbly respond to needs for professional services in response to unanticipated issues. The professional services will include but not be limited to engineering, architecture, urban planning, parking and fiber consulting. Alternative Transportation Project $ 75,000 budgeted This URD funding is to be invested in the planning, design, and implementation of alternative transportation infrastructure potentially including EV charging, car share, bike share, and multi-modal transportation systems as recommended in the 2019 Downtown Improvement Plan. Streetscape Element Purchases and Maintenance $ 55,000 budgeted The URD will continue to supplement the existing streetscape inventory by purchasing additional historic streetlamps, trash receptacles, pedestrian benches, tree guards and bike racks. Funding is also available for the ongoing maintenance of the streetlamps, Soroptomist Park, and the North Black Pocket Park. Streetscape Assistance Program $ 50,000 budgeted This URD program will provide property owners with partial reimbursement for the installation of streetlamps in accordance with the Downtown Streetscape Plan. The program is designed to support private investment, redevelopment of property and the improvement of public areas in downtown. Parklet $ 50,000 budgeted A parklet is a sidewalk extension into a parking lane that is used to create additional seating, greenspace and art opportunities. This is cost-effective tool to provide community space in the downtown core. This funding will be used to research, design and purchase a parklet for use in downtown. Life-Safety Grant Program $ 50,000 budgeted This URD program provides property owners with partial reimbursement for life-safety code compliance upgrades. The program is specific to the installation of dedicated fire lines connecting a building’s sprinkler system to the municipal water main. The program has a one-to-one match required of the property owner and a per-project dollar cap of $10,000. 106 Downtown Bozeman Association (DBA) Event Stage $ 50,000 budgeted On March 10, 2020, the URD board approved a DBA request for $50,000 as matching funds to purchase a portable event stage. Because of a variety of factors, not the least being COVID, the DBA did not purchase a stage in 2020. Subsequently, it should be noted that the previously approved funding was not in the FY2021 URD Budget. Streetscape Preliminary Engineering $ 50,000 budgeted This will provide preliminary streetscape engineering on North Willson, West Main, and updates to side streets as needed. Soroptomist Park Planning $ 50,000 budgeted In FY21, the URD partnered with MSU and the CATS Program to develop initial design ideas to transform Soroptomist Park. The next step is to hire a professional firm or team to further the design concepts for the park. Structured Parking Feasibility Analysis $ 35,000 budgeted This funding will provide further feasibility site analysis of potential locations for the construction of structured parking in the downtown district. City Economic Development Specialists $ 33,000 budgeted The URD is committed to partially fund City Economic Development Department Specialists FTE. These employees will work on a variety of tasks directly related to the downtown URD including parking and tax increment financing. Intersection Cable Anchor Repairs $ 30,000 budgeted The URD will continue to invest in the repair of the intersection cable and anchor system as they have in the past. The last engineering assessment was completed in 2017. The intersection cables hold the holiday decorations and over street banners. Wayfinding and Parking Signage Project $ 10,000 budgeted (planning) $ 15,000 budgeted (implementation) This URD funding will assist with developing and to broaden installation of downtown parking signage as recommended in the 2019 Downtown Improvement Plan. Code Amendments $ 20,000 budgeted This funding assists with code consulting on categories such as maximum height in the “core area”, code flexibility Downtown for new and existing buildings (departures, deviations, relaxations) as recommended in the 2019 Downtown Improvement Plan. Employee Paid Parking Permit System $ 20,000 budgeted This funding will be used for planning the potential to update parking on-street policies around pricing, time limits and permits to promote use of on-street parking for visitors and customers. Also to collaborate with business owners on employee policies and incentives for alternative transportation use or off-street parking use as recommended in the 2019 Downtown Improvement Plan. 107 The FY2022 Downtown Urban Renewal District Work Plan and Budget was unanimously approved by the URD Board on May 18, 2021. Prepared and submitted by: Emily Cope Downtown Bozeman Partnership 222 East Main Street #302 Bozeman MT 59715 emily@downtownbozeman.org 406-586-4008 108 Downtown Urban Renewal District FY2022 Budget Category Approved Budget Income Starting Cash Balance 3,295,598 Income from TIF 335,000 COB Interlocal Share 1,456,000 Entitlement Share State of Montana 57,050 Interest Income 20,000 Other Income Total Income 5,163,648 Expenses OperationsDBP Management Fee 190,000 Total Operations 190,000 Infrastructure Improvements Street Furniture and Park Maintenance 25,000 Streetscape--new purchases 30,000 North Rouse Streetscape Project FY21 Encumbered- Streetlamps (26 qty)85,000 FY21 Encumbered- Phase 1 Construction: Conduit 17,000 FY21 Encumbered-Phase 2 Construction: Lamps 80,000 North Willson Streetscape Project 75,000 Streetscape Assistance Grant Program 50,000 Streetlamp Power Reconfiguration Project - Alley Improvements 50,000 FY20 Encumbered 19,000 DBIP: Bozeman Creek Improvements 50,000 DBIP: Wayfinding & Parking Singage 15,000 Library Pedestrian Safety Improvements -Life-Safety Grant Program 50,000 Fiber Infrastructure 100,000 Fiber-Broadband Infrastructure--Grants 10,000 Intersection Cable Anchor Repairs 30,000 DBA Event Stage 50,000 Parklet 50,000 Alternative Transportation Projects 75,000 Total Improvements 861,000 Planning City Economic Development Specialist 33,000 Technical Assistance Grants 50,000 FY20 & FY21 Encumbered Funds 45,000 Residential Incentive Program 200,000 Armory Hotel Incentive Encumbered Funds -DBIP: Transportation Planning 25,000 FY20 Encumbered Part One--ConceptsY21 Encumbered- Part Two--Data, Analysis, Cost Est 91,000 DBIP: Alley Planning 45,000 DBIP: Bozeman Creek Planning 30,000 DBIP: Soroptomist Park Planning 50,000 DBIP: Code Amendments 20,000 DBIP: Design Guidelines-Historic Inventories - DBIP: Design Guidelines 85,000 DBIP: Downtown Infrastruction & Public Realm Pla 100,000 DBIP: General Implementation 100,000 FY20 Encumbered Main Street Truck Study DBIP: Employee Paid Parking Permit System 20,000 DBIP: Wayfinding Plan & Parking Singage 10,000 Utility Infrastructure Improvements 250,000 SILD & Streetscape Engineering - Structured Parking Feasibility Analysis 35,000 Structured Parking Informal, Site Plan, Bids 750,000 South Wallace Asbestos Project - Professional Services Term Contract 75,000 Streetscape Preliminary Engineering 50,000 Total Planning 2,064,000 Parking Structure Garage Bond Payment 335,000 Total Parking Garage Payments 335,000 Total Expenses 3,450,000 Balance 1,713,648 109 Memorandum REPORT TO:City Commission FROM:David Fine, Urban Renewal Program Manager Brit Fontenot, Economic Development Director SUBJECT:Midtown Urban Renewal District Fiscal Year 2022 Work Plan and Budget and Fiscal Year 2021 Annual Report MEETING DATE:June 15, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:I move to approve the Midtown Urban Renewal District Fiscal Year 2022 Work Plan and Budget STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Midtown Urban Renewal Board unanimously voted to recommend the attached Work Plan and Budget for Fiscal Year 2022. Fiscal Year 2022, as proposed, is year of making final payments related to Development Agreements already approved by the City Commission. The Board recommends three infrastructure projects for the year, including improvements at Westlake Park, standards changes to perpetuate the look and feel of streetscape elements already installed on N. 7th Ave. and a manual for operating and maintain the streetscape elements. Funding for standard programs and administration remains similar to last year, with the exception that the urban renewal program manager position is now funded exclusively with urban renewal funds. Please see the attached Midtown Urban Renewal District Fiscal Year 2022 Work Plan and Budget and Fiscal Year 2021 Annual Report for details. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:The proposed Work Plan and Budget for Fiscal Year 2022 appropriates $3,461,551 from $3,515,417 in expected revenues and reserves. Attachments: Fiscal Year 2022 Midtown Work Plan and Budget and FY21 Annual Report packet.pdf 110 Report compiled on: June 3, 2021 111 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Midtown Urban Renewal Board Annual Work Plan and Budget FY2022 Page 1 of 8 MIDTOWN URBAN RENEWAL BOARD FY2021 ANNUAL REPORT and FY2022 WORK PLAN AND BUDGET The City Commission passed Ordinance No. 1685, “Adopting an Urban Renewal Plan for the North Seventh Avenue Corridor and Adjacent Properties”, on November 27, 2006. On December 16, 2015, the City Commission passed Ordinance No. 1925, which adopted a new urban renewal plan, expanded the boundaries of the original district, and renamed the North Seventh Urban Renewal District the Bozeman Midtown Urban Renewal District. The 2015 Midtown Urban Renewal Plan provides for the remediation of blighted conditions within the urban renewal area by advancing five broad goals through a series of implementing activities and strategies. The five goals include the following items: 1. Promote Economic Development  Rationale: Economic vitality strengthens the community, provides for physical needs of the citizens, opens reinvestment opportunities, and helps to eliminate the conditions that contribute to blight. 2. Improve Multimodal Transportation  Rationale: Increasing travel options supports public health, reduces resource demand, increases efficiency and reduces costs, improving the quality of life and making the community a better place to live and work, helping to eliminate conditions that contribute to blight. 3. Improve, Maintain and Support Innovation Infrastructure  Rationale: Infrastructure is the backbone of the community. Private development typically requires a corresponding public investment in infrastructure. Therefore, capital improvements in the district will help achieve economic vitality and address conditions that contribute to blight. 4. Promote Unified, Human Scale Urban Design  Rationale: Protecting and building upon existing physical assets increases vitality, desirability and leverages economic development, strengthening community values and mutual support helping to eliminate the conditions that contribute to blight. 5. Support Compatible Urban Density Mixed Land Uses  Rationale: A sense of place is strengthened by a strong core identity. Increasing live-work opportunities and community interaction, ensures that the North 7th Avenue area remains a great place to live, work, operate a business, and play, and helps to eliminate conditions that contribute to blight. 112 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Midtown Urban Renewal Board Annual Work Plan and Budget FY2022 Page 2 of 8 The City Commission approved the Midtown Action Plan in 2017, which charted a new direction in pairing infrastructure spending and blight remediation with proposed private investment. The intent of the Action Plan is to, “attract targeted private investment by leveraging the market potential of the Midtown District and removing barriers to redevelopment through strategic infrastructure investments and incentives.” The Annual Report for Fiscal Year 2020 and the Work Plan and Budget for FY 2021 reflects this specific strategy and approach to using private investment to propel blight remediation and urban renewal. The Midtown Action Plan proposes targeting future development that includes the following elements:  Infill. The intent of urban renewal is to remove blight to improve an area for the entire community benefit. Remodeling of existing structures or infill of underutilized lots is the priority of this Plan. As discussed, infill development is more challenging than vacant greenfield development and warrants focused investment of staff time and resources.  Increased building density. Increased building density increases the number of people in the District, which helps create the desired active pedestrian environment. More density of buildings grouped together in districts is especially desired to encourage pedestrians to explore adjacent buildings. Buildings that are separated by large parking area or vacant lots will impede pedestrian movement.  Encourages multimodal transportation. New projects should provide amenities such as adequate bike parking or bus schedule real time monitors in lobbies. At the same time, the Urban Renewal District should invest in infrastructure projects such as bike lanes and signals or covered bus stops to make alternative transportation options visible, safe, and desirable.  Retail that serves surrounding residents. To achieve a more vibrant pedestrian-oriented environment the District must consist of uses that are a frequent destination by residents. Retail amenities that are experience based such as restaurants or ice creams shops are desired because they generate activity and are more resilient to emerging ecommerce trends. Such amenities will also attract more housing investment.  Housing. Bozeman is in significant need of all types of housing, therefore it is called out as a specific use that is desired. The Midtown District zoning is intended to accommodate more dense housing projects with potential access to retail amenities nearby. The City Commission funded a package of several major infrastructure improvements in the District through the approval of $6,500,000 in bonds with a 25 year term on July 6, 2020. The infrastructure improvements include the streetscape infrastructure on N. 7th Ave. that enhances the walkability, aesthetics, and investment potential of the District as a whole, along with improvements to Aspen St. and N. 5th Ave. that will accelerate ongoing private investment in this emerging node of commercial activity. The District is also focused on investing in public infrastructure that removes barriers to specific private investments. These incentives primarily pay for the costs of public 113 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Midtown Urban Renewal Board Annual Work Plan and Budget FY2022 Page 3 of 8 infrastructure associated with the private projects, as well as demolition costs and the cost of various system development charges, such as impact fees. These early investments in projects will create new incremental taxable value that will allow for greater blight remediation throughout the District in the coming years. Over time, these increases in taxable value will benefit the broader community by increasing the overall tax base through productive infill development. The remediation of blighted conditions in the District and its ongoing redevelopment will take many years. The July issuance of revenue bonds means, Bozeman has 24 more years to focus on redevelopment of the Midtown area. As instructed by Commission adopted policy documents, the District will continue to focus on remediating blight, by attracting targeted private investment and growing the tax base. 114 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Midtown Urban Renewal Board Annual Work Plan and Budget FY2022 Page 4 of 8 Midtown Urban Renewal District (MURB) FY2020 Annual Report (July 1, 2020 to June 30, 2021) Highlights of investments over $15,000 are documented below. Series 2020 Bond Payment $410,000 The City Commission approved the first series of bonds for the district for $6,500,000. The proceeds of the bonds were to pay for the N. 7th Ave. Streetscape Project and the Aspen and 5th Improvements Project. The term of the bonds is 25 years. Midtown Infrastructure Improvements Urban Renewal Project $6,997,645 The Midtown Infrastructure Improvements Project includes several sets of public infrastructure improvements throughout the District:  North 7th Avenue Streetscape between Mendenhall Street and Durston Road  Aspen Street Festival Street Streetscape Enhancements and new Water Line  Westlake BMX Park Parking on N. 5th Ave.  North 5th Avenue Sewer Line between Aspen and Oak Street  North 5th Avenue Multi-Use Path between Tamarack and Oak Street  Extension of the City of Bozeman Fiber Optic Conduit System along N. 5th Ave. Professional Services - Engineering $26,799 The District spent $26,799 on engineering services, $22,020 of which was for third party materials testing by Morrison Maierle for the Aspen and 5th Improvements Project. PDI Investments Grant (Access Fitness/ Nu2u) $ 50,000 The Board provided a TIF Assistance Grant to the owner of the Nu2u building, which is being converted into an Access Fitness with a new façade. The grant reimbursement paid for new water and fire lines to the building that were oversized to allow for future redevelopment of the property as a multistory mixed-use building. The Monarch Grant $ 149,346 The Monarch mixed-use project at Peach and 6th was the first ever TIF Assistance Program Grant Agreement. The project was also connected to the City fiber optic conduit system through a separate line item. Expenditures Compiled May 27, 2021 115 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Midtown Urban Renewal Board Annual Work Plan and Budget FY2022 Page 5 of 8 Midtown Urban Renewal District (MURB) FY2022 Work Plan (July 1, 2021 to June 30, 2022) Midtown Infrastructure Improvements Westlake Park Improvements $358,000 The District paid to add back-in angle parking to serve as parking for Westlake Park as part of last year’s improvements to N. 5th Ave. The project significantly impacted the mountain bike facilities manage by Southwest Montana Mountain Bike Association (SWMMBA). A recently update park master plan calls for relocating the mountain bike facilities and building an entrance plaza near the intersection of N. 5th Ave. and the recently complete Aspen Festival Street. The improvements would also include a new, quiet electric start gate for the BMX course, which will allow for much quieter operations and an improved racing experience. Codify Design Standards for N. 7th Ave. Streetscape $50,000 Recent improvements to the N. 7th Ave. streetscape are not currently required for redevelopment projects on the corridor. In order to protect the public investments already made and to ensure design continuity for the corridor, codifying the streetscape design is necessary for the future development of the corridor. Streetscape Operations and Maintenance Manual $8,000 The new streetscape will require regular maintenance. This item would allow the designer to create a manual to make sure long-term care and maintenance of the recently installed facilities is properly documented. Bond Repayment Series 2020 $ 410,000 The City Commission approved the Series 2020 bonds for a 25 year term that ends 2045. $410,000 is the annual payment on the $6,500,000 in debt issued to finance the cost of the N. 7th Ave. Streetscape Project, and the Aspen and N. 5th Ave. Improvements Project. Professional Services and Outside Legal Counsel Contracted Professional Services $ 50,000 To assist with district management and implementation of the work plan and budget, as well as responding to new opportunities, Staff will contract for services on an as-needed basis. Outside Legal Counsel $ 60,000 The Midtown Urban Renewal District continues to see strong interest in redevelopment. This interest will necessitate work on development agreements under the Midtown TIF Assistance Program, and depending on the scope of the projects, the need to issue additional bonds. 116 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Midtown Urban Renewal Board Annual Work Plan and Budget FY2022 Page 6 of 8 Redevelopment Incentive Programs The Midtown Urban Renewal District’s redevelopment incentive programs are based on criteria included in the 2015 Midtown Urban Renewal District Plan and the 2017 Midtown Action Plan. Technical Assistance Grants (TAG) $ 15,000 This program is to provide technical assistance funding to encourage developers to build on parcels along the N. 7th Avenue corridor, or rehabilitate existing structures. It recognizes the complexities of redeveloping parcels which have existing substandard buildings and infrastructure; it was created to offset the costs of those complexities with grants for those proposing work which eliminates blight and advances the implementation of the District Plan. The program was approved by Resolution 4777 and is administered by the MURB. The maximum grant amount for the program is $7,500 and requires a 1:1 match. Midtown Tax Increment Finance Assistance Program – Direct Incentives $ 100,000 The City Commission approved an incentive program, the Midtown TIF Assistance Program pursuant to Resolution 4770 in 2017. Resolution 5087 reauthorized and updated the Program in 2019. Awards will be based on the quality of projects and their support of the Midtown Urban Renewal Plan. Projects of a larger magnitude may require the issuance of tax increment revenue bonds. Projects $50,000 and under may be awarded by the Board and sent to the City Commission as Consent Items. Projects over $50,000 require the approval of the City Commission. Fiber Conduit Connection Incentive Program $ 20,000 The District has made significant investments in facilitating competitive telecommunications options through the provision of public conduit. This program, modeled on a program created by the Downtown URD provides matching grants of up to $2,500 to connect buildings to the City conduit system. The program facilitates connections to infrastructure and the utilization of the existing conduit investment. District Operations Outreach and Mailing $ 10,000 The Board has requested money for public noticing and outreach activities in the District. The purpose of these outreach activities is to inform and engage property owners and the public in the implementation of the Midtown Urban Renewal Plan. Midtown Marketing and Recruitment $ 10,000 This item includes maintenance of the new website midtownbozeman.org as well as programs like the banner program to drive traffic to the website. The District website, 117 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Midtown Urban Renewal Board Annual Work Plan and Budget FY2022 Page 7 of 8 midtownbozeman.org to communicate effectively with property owners, developers, and the public and “to disseminate blight clearance and urban renewal information.” In addition, the board and staff continue to actively recruit development projects in the district that are in support of the urban renewal plan. Payroll $ 89,000 The City’s Economic Development Department manages the Bozeman Urban Renewal District in response to City Commission and the Midtown Urban Renewal Board work plans and policy guidance. 1.5 FTE are dedicated to staffing the Bozeman Urban Renewal Program as a whole, of which the Midtown URD contributes a proportionate share of funding. The urban renewal district move to cover 100% of the urban renewal program manager’s salary, which was previously 30% funded by the general fund. Training $ 6,000 Strong professional development drives the success of the urban renewal program. Staff plans to participate in the National Development Council’s Economic Development Finance Professional (EDFP) Certification Program and the International Economic Development Council’s (IEDC) certified economic developer course series over a number of years Midtown Tax Increment Finance Assistance Program Approved Grants and Direct Incentives Five projects were approved by the City Commission as Urban Renewal Projects under the Midtown TIF Assistance Program and are expected to be complete in FY 2021. Taken together, these five projects are expected to generate $30,154,499 in private investment for $2,048,159 in public incentives, which represents a private to public investment ratio of 14.72:1. West Peach Condos (encumbered from FY21) $ 256,355 The West Peach Condos project is comprised of 17 two bedroom, one office, three bathroom, and two car garage, townhouse-style condominium units. The project is located at the northwest corner of N. 3rd Ave. and W. Peach St. The City Commission approved the project as an urban renewal project pursuant to Resolution 5046 following a public hearing at its May 20, 2019 meeting. The project represents a $7,656,246 investment in the District. The Ruh Building (encumbered from FY21) $ 747,500 The Ruh Building is proposed as a 34,066 SF, 3-story, mixed-use building with restaurant/retail uses on the ground floor and 16 residential units on the upper floors. The project is located at the northwest corner of N. 7th Ave. and Durston Rd. The City Commission approved the project as an urban renewal project pursuant to Resolution 4991 following a public hearing at its February 11, 2019 meeting. The project represents a $6,676,667 investment in the District. 118 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Midtown Urban Renewal Board Annual Work Plan and Budget FY2022 Page 8 of 8 The Ruh Building Streetscape $ 103,737 The Board recommends approval of a forthcoming amendment to the existing grant agreement for The Ruh Building. At staff’s urging, the Developer modified their site plan to make sure the streetscape elements matched those on the remainder of the corridor. In addition the Montana Department of Transportation (MDT) is widening the intersection of N. 7th Ave and Durston Rd. and the new design is configured to be able to remain in place with the widening project. Aspen Crossing (encumbered from FY21) $ 849,959 The Ruh Building is proposed as a 10,000 SF, 2-story, retail and commercial building. The project is located at the southwest corner of N. 5th Ave. and Tamarack St. The Midtown Urban Renewal Board approved the project at its April 30, 2020 meeting. The project represents a $16,147,097 investment in the District. Zambon Building (encumbered from FY21) $ 45,000 The Zambon Building is proposed as a 65,000 SF, 3-story, mixed-use building with restaurant/retail uses on the ground floor and 25 residential units on the upper floors. The project is located at the northwest corner of N. 5th Ave. and Aspen St. The City Commission approved the project as an urban renewal project pursuant to Resolution 4992 following a public hearing at its March 25, 2019 meeting. The project represents a $2,941,000 investment in the District. 119 Bozeman Midtown Urban Renewal Board Fiscal Year 2022 Work Plan and Budget FY2022 Revenue and Reserves Estimated FY21 Ending Balance $2,350,642 Estimated FY22 Revenue $1,164,775.00 Total Cash and Reserves $3,515,417 Infrastructure Investments Westlake BMX Park Improvements $358,000 Codify Design Standards for N. 7th Avenue Streetscape $50,000 Streetscape Operations and Maintenance Manual $8,000 Bond Repayment Series 2020 $410,000 Professional Services and Outside Legal Counsel Outside Legal Counsel for Bonding and Redevelopment Agreements $60,000 Contracted Professional Services $50,000 Redevelopment Incentive Programs Technical Assistance Grants 1:1 match [2 grants]$15,000 Direct Incentives - Midtown TIF Assistance Program $100,000 City Fiber Conduit Connection Incentive Program $20,000 District Operations Outreach Engagement and Mailing $10,000 Midtown Marketing and Recruitment $10,000 Payroll $89,000 Training $6,000 Approved Grants and Direct Incentives West Peach Condos (encumbered from FY21)$256,355 Zambon Building (encumbered from FY21)$45,000 Aspen Crossing (encumbered from FY21)$849,959 The Ruh Building (encumbered from FY21)$747,500 The Ruh Building Streetscape $103,737 The Elm Grant $233,000 El Mercadito $40,000 Total New Expenditures for FY 2022 New Expenditures $3,461,551 TOTAL EXPENDITURES FY 2021 $3,461,551 Year End Balance $53,866 *Items in green have been updated since the Midtown Urban Renewal Board recommended this budget. 120 Memorandum REPORT TO:City Commission FROM:David Fine, Urban Renewal Manger SUBJECT:North Park Urban Renewal District Fiscal Year 2022 Work Plan and Budget and Fiscal Year 2021 Annual Report MEETING DATE:June 15, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION: I move to approve the North Park Urban Renewal District Fiscal Year 2022 Work Plan and Budget. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The North Park Urban Renewal District was created in 2006 as an Industrial Tax Increment Finance District. In 2017, by Ordinance No. 1979 the Mandeville Farms Tax Increment Financing Industrial District Created by Ordinance No. 1684, was terminated and the North Park Urban Renewal District was created. Until now there has been limited activity in the North Park URD. We are aware of a significant development vision within the North Park URD and staff recommends appropriating the entirety of the North Park URD increment in FY 22. The District accumulated $45,764 in actual revenue in FY20 and maintains a total fund balance of $111,444 for planning and projects in the District. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Fiscal effects are undetermined at this time. Staff recommends appropriating the entirity of the North Park URD increment, $45,764 as actual revenue in FY20 and a total fund balance of $111,444 for future planning and projects in the District. Report compiled on: June 3, 2021 121 Memorandum REPORT TO:City Commission FROM:David Fine, Urban Renewal Program Manager Brit Fontenot, Economic Development Director SUBJECT:Northeast Urban Renewal District Fiscal Year 2022 Work Plan and Budget and Fiscal Year 2021 Annual Report MEETING DATE:June 15, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:I move to approve the Northeast Urban Renewal District Fiscal Year 2022 Work Plan and Budget. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Northeast Urban Renewal Board voted to recommend the attached Work Plan and Budget for Fiscal Year 2022. The Board selected reconstruction of a section of Front St. between Tamarack and Ida that coordinates with construction of the intersection of Ida and Front St. that is being completed this fall by the privately led Cottonwood and Ida Project. The Board also prioritized funding for doing due diligence related to a proposed public private partnership for structured parking in the District. Funding for standard programs and administration remains similar to last year, with the exception that the urban renewal program manager position is now funded exclusively with urban renewal funds. Please see the attached Northeast Urban Renewal District Fiscal Year 2022 Work Plan and Budget and Fiscal Year 2021 Annual Report for details. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:The proposed budget appropriates $641,000 on $641,000 in expected revenues and reserves, while designating $117,400 for future projects. Attachments: FY22 NEURD Work Plan and Budget Packet 20210615.pdf Report compiled on: June 3, 2021 122 Northeast Urban Renewal Board Annual Work Plan and Budget FY2022 – 041521 draft 1 NORTHEAST URBAN RENEWAL BOARD FY2021 ANNUAL REPORT and FY2022 WORK PLAN AND BUDGET On November 28, 2005, the Bozeman City Commission finally adopted Ordinance No. 1655 which formally enacted the Northeast Urban Renewal Plan and became effective December 28, 2005. The stated mission of the plan and general goals are as follows: DISTRICT PLAN MISSION/VISION “This Plan is the City’s response to remedy the conditions of blight found in the August 2005 [Blight] Report. The Plan also addresses other issues important to the District. The Plan’s purpose is to ensure the vitality of the Northeast Urban Renewal District (NURD) the vitality of the NURD for generations to come, and to make the NURD an area in which its citizens can take exceptional pride. The Plan envisions a mixed use neighborhood that is user friendly, safe, secure and healthy. While this Plan envisions a District with diversity of housing, businesses and amenities, it intends to maintain the unique ambiance and historic character of the District”. Nine principles were developed for the plan. Each of the principles has one or more goals associated with the plan, some of which specifically relate to this work plan while others represent general objectives and directives. The Northeast Urban Renewal Board (NURB) goals are as follows: GENERAL GOALS:  Outdated or insufficient infrastructure should be repaired, replaced, or otherwise improved.  Provide public utilities to the area efficiently in ways that are not visually or physically obtrusive.  Encourage a land use pattern that facilitates all modes of transportation – vehicular, bicycle, pedestrian, mass transit, and commercial – for safe, efficient and convenient access for residential, commercial, and industrial uses.  Harmonize commercial and industrial development with residential quality of life.  New structures should be designed and built keeping in mind the public values of durability, flexibility, and simplicity. Thoughtful consideration of design, materials, and massing in the construction of new private buildings will add strength and character to the built environment. To the degree that the private sector can be influenced by a public partner in development, the community ought to strongly encourage excellence in urban design as a basis of partnership.  Promote sustainable building practices and design within the district.  Procure new land for park and open space.  Improve landscaping in existing public spaces.  Neither the City of Bozeman nor any of its subdivisions shall use eminent domain to take private property for private use in the implementation of an urban renewal project or similar redevelopment plan.  Encourage the City to help ensure the success of the Northeast Urban Renewal Plan by giving a high priority to the Northeast District in its capital improvements plan.  Work with neighborhoods and businesses to ensure actions taken in the district are compatible with adjacent developed areas.  Work with the City to ensure actions taken outside of the District are compatible with projects inside of the District. 123 Northeast Urban Renewal Board Annual Work Plan and Budget FY2022 – 041521 draft 2 In 2010, the Northeast Urban Renewal Board began implementing plans and projects reflecting their three funding priorities: 1) Parks, Trails and Greenspace; 2) Infrastructure and 3) Neighborhood Development Plan. Northeast Urban Renewal District (NURB) FY2021 Annual Report (July 1, 2020 to June 30, 2021) Front Street – Tamarack to Ida Engineering $ 30,000 East Tamarack Street has been improved to the west edge of the depot site; and North Ida Avenue, East Aspen Street and that portion of Front Street adjacent to the boulder site are to be improved by the developer of the TinWorks Project. This leaves that section of Front Street between the terminus of the East Tamarack Street and North Ida Avenue projects unimproved. These improvements are now engineered so that they can be made when the opportunity arises, likely when the off-site street improvements for the TinWorks Project are done. Pedestrian Bridge/East Aspen Street $ 30,000 This project has been included in this district’s work plan and budget since Fiscal Year 2011. It was also the fifth project listed in the bond resolution adopted in 2017; however, those bond proceeds funded only the top two projects. With the completion of other major infrastructure projects in the district and the increased increment resulting from the 2019 reappraisal, monies were available for final engineering of this project, which includes sidewalk along one side of East Aspen Street between the creek and North Rouse Avenue. Also, the Montana Department of Transportation has completed its improvements to North Rouse Avenue. Since engineering for this project was last completed in FY2017 and since the floodplain map has recently been updated, it was important to update the engineering for this project to determine whether the bridge has adequate length and to update the estimated construction costs. Once those cost estimates have been identified, monies for construction can be appropriately budgeted. Front Street Connector Trail $ 15,000 In Fiscal Year 2016, the Board donated $20,000 to the Gallatin Valley Land Trust for the Front Street connector trail, which extends from North Rouse Avenue to North Wallace Avenue. Due to a variety of issues, construction of the trail improvements has been delayed. The bridge has been engineered to reflect the new floodplain and cost estimates updated. Also, for some of those projects previously listed as “future”, now is the future. The Gallatin Valley Land Trust requested an additional $15,000 to help cover the increased costs. To date, the project has not begun and the monies have not been expended in this fiscal year. Quiet Zone Feasibility Study $ 11,500 The Board recognized a quiet zone will reduce the noise from trains rolling through; however, all three crossings (North Wallace Avenue, North Rouse Avenue and Griffin Drive) must be considered at the same time to pursue quiet zone options. It acknowledged that only one crossing lies within the district and, therefore, is the only one that can be funded through TIF funds. The quiet zone feasibility study is nearing completion and the engineering firm has identified the improvements needed to create a quiet zone. The amount budgeted for this project covered the costs of the North Wallace Avenue crossing only; monies from other sources funded 124 Northeast Urban Renewal Board Annual Work Plan and Budget FY2022 – 041521 draft 3 the other two crossings. Parking Structure $ 25,000 The TinWorks Planned Unit Development project has revised its plans to include a parking structure on the Brewery site. Within the proposed project is a parking structure that will be wrapped by buildings so it is not readily visible from the adjacent streets. The developer is proposing that a portion of the spaces in that structure be made available to the public through some type of public/private partnership. These monies cover the costs of retaining the needed consultants to do due diligence to determine that this proposal is in the City’s best interests. Trails Maintenance $ 5,700 The Northeast Urban Renewal District completed improvements to the depot trail, depot park, Aspen Street trail and North Church Avenue trail several years ago and continues to pay annual costs for maintenance of those amenities. Also included is the planting of seven boulevard trees along East Tamarack Street and the weekly watering of those newly planted trees to ensure their survival. Administrative Services $ 23,100 Costs covered under this item include staff support ($3,000), administrative services ($10,100) and professional services ($10,000). Bond Costs $ 213,900 Costs covered under this item include bond repayment ($93,000) and the designated bond reserve ($120,900). Northeast Urban Renewal District (NURB) FY2022 Work Plan (July 1, 2021 to June 30, 2022) Front Street – Ida to East Aspen Street Engineering $ 18,000 The off-site street improvements required for the TinWorks Project include only one-half of the Front Street improvements from North Ida Avenue eastward to East Aspen Street. Completion of the full street improvements would improve traffic flow in the District and would be most efficiently designed and constructed in conjunction with the larger scale improvements that will come with this large-scale development project. Front Street – Tamarack to Ida Construction $ 190,000 It would be financially beneficial to construct this improvement in conjunction with the improvements being made by the developer of the TinWorks Project. Also, it will result in more cohesive completion of infrastructure improvement within the district and will benefit the community as a whole. Included in the project will be extension of the fiber conduit installed with the East Tamarack Street improvements. Front Street connector trail $ 15,000 In Fiscal Year 2016, the Board donated $20,000 to the Gallatin Valley Land Trust for the Front Street connector trail, which extends from North Rouse Avenue to North Wallace Avenue. Due to a variety of issues, construction of the trail improvements has been delayed. The monies were included in the FY2021 budget and work plan but were not expended and are, therefore, being 125 Northeast Urban Renewal Board Annual Work Plan and Budget FY2022 – 041521 draft 4 carried forward in this budget. Parking Structure due diligence $ 50,000 The TinWorks Planned Unit Development project has revised its plans to include a parking structure on the Brewery site. Within the proposed project is a parking structure that will be wrapped by buildings so it is not readily visible from the adjacent streets. These monies cover the costs of retaining consultants to do any additional due diligence needed to determine that this proposal is in the district’s best interests, particularly since the proposal is to issue tax increment financing bonds to reimburse the developer for the costs of the parking structure and to operate it as a public facility. It is currently anticipated that this could occur in Fiscal Year 2024. Trails Maintenance $ 5,700 The Northeast Urban Renewal District completed improvements to the depot trail, depot park, Aspen Street trail and North Church Avenue trail several years ago and continues to pay annual costs for maintenance of those amenities. Also included is the planting of seven boulevard trees along East Tamarack Street and the weekly watering of those newly planted trees to ensure their survival. Administrative Services $ 31,000 Costs covered under this item include staff support ($18,000), administrative services ($3,000) and professional services ($10,000). Bond Costs $ 213,900 Costs covered under this item include bond repayment ($93,000) and designated bond reserve ($120,900). These are static costs for the bonds that were issued in 2017 and must be budgeted through Fiscal Year 2042. Designated Reserve - Projects $ 117,400 At this time, it does not appear there will be adequate monies to fund construction of any additional large scale projects. If the opportunity arises, one of the projects listed below may be moved forward and funded through this designated reserve, particularly if such a move results in significant cost savings. Northeast Urban Renewal District (NURB) Future Projects North Ida Avenue – Peach to Cottonwood Engineering $ 50,000 Infrastructure improvements to be made in conjunction with the TinWorks Project include North Ida Avenue between East Cottonwood Street and Front Street. Those improvements will leave the one-block segment between East Peach Street and East Cottonwood Street without improvement. It is important to undertake engineering of this block so that construction of the improvements can be completed when the opportunity arises. North Ida Avenue – Peach to Cottonwood Construction $ 280,000 While it is anticipated the off-site infrastructure improvements for the TinWorks Project will be constructed before this project is ready, this will be the last block of street improvements needed to meet the district plan’s goal of improving connectivity and pedestrian safety within the District (assuming the Front Street improvements have been completed). Currently, the use/reuse of the 126 Northeast Urban Renewal Board Annual Work Plan and Budget FY2022 – 041521 draft 5 properties along this block are not known, so undertaking construction of these street improvements (which will include water and sewer improvements) could result in the need for immediate tear up to relocate water and sewer stubs or drive accesses. Front Street – Ida to Aspen Construction $ 100,000 The off-site street improvements required for the TinWorks Project include only one-half of the Front Street improvements from North Ida Avenue eastward to East Aspen Street. This project will provide completion of the full street improvements. It be most efficiently constructed in conjunction with the larger scale improvements that will come with the TinWorks Project improvements. Pedestrian Bridge/East Aspen Street Construction $ 170,000 This project will provide for pedestrian connectivity through a trail extension and a non-vehicular crossing of Bozeman Creek. The project also includes sidewalk along one side of East Aspen Street between the creek and North Rouse Avenue. This will result in improvement to yet another street within the district and will tie into the new improvements to North Rouse Avenue. Quiet Zone Construction $ 168,500 The quiet zone study has identified the improvements required for quiet railroad crossings. It is anticipated that the improvements for the North Wallace Avenue/L Street crossing will include an arm for the pedestrian crossing as well as raised medians on both sides of the railroad tracks to preclude vehicles from driving around down arms. It is anticipated that improvements to Griffin Drive, including upgrades at the railroad crossing, could be completed in Fiscal Year 2022. Since improvements will be required for all three crossings at essentially the same time, it is important to have monies set aside when those improvements are triggered. Connector trail – Depot trail to Audubon site $ 25,000 The Audubon Society has acquired 32 acres of wetlands and sensitive lands lying east of this district and is purchasing an additional 8 acres. The subject site lies outside the boundaries of the district; however, a portion of the trail extension lies within the district. Monies may be used for extensions to a specific location outside the district; however, these monies are for only that portion lying within the district. This trail extension would provide a safe access for pedestrians moving through the district to the enhanced wetlands area. 127 FY22 Budget Future Projects Revenues: Estimated Beginning Balance $370,000.00 FY21 Tax Increment $270,000.00 Delinquent Increment State Shared/Entitlement Interest $1,000.00 Total Estimated Revenues $641,000.00 Expenditures: Infrastructure Front Street - Ida to East Aspen Street Engineering $18,000.00 Front Street - Tamarack to Ida Construction $190,000.00 North Ida Avenue - Peach to Cottonwood Engineering $50,000.00 North Ida Avenue - Peach to Cottonwood Construction $280,000.00 Front Street - Ida to East Aspen Street Construction $100,000.00 Pedestrian Bridge/East Aspen Street Construction $170,000.00 Front Street connector trail $15,000.00 Quiet Zone Construction $168,500.00 Connector trail - Depot trail to Audubon site $25,000.00 Parking Structure $50,000.00 Subtotal - Infrastructure $273,000.00 $793,500.00 Maintenance Trails/Boulevards Maintenance $5,700.00 Subtotal - Maintenance $5,700.00 Administration Staff Support $3,000.00 Administrative Services $18,000.00 Professional Services $10,000.00 Bond Repayment $93,000.00 Subtotal Administration $124,000.00 Reserves Designated Reserve - Bond $120,900.00 Designated Reserve - Projects $117,400.00 Subtotal Reserves $238,300.00 Total Expenditures $641,000.00 Northeast Urban Renewal District 2021-2022 Budget 128 Memorandum REPORT TO:City Commission FROM:Kristin Donald, Finance Director Mitch Overton, Parks & Recreation Director SUBJECT:Resolution 5289 Setting Cemetery Fees and Perpetual Care Fund Deposits MEETING DATE:June 15, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Move to approve resolution 5289 setting Cemetery fess and Perpetual Care Fund deposits. 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: The 73+acre Sunset Hills Cemetery, the only City owned and maintained cemetery, is a virtual arboretum of stately pine, fir, spruce, ash, maple, cedar and various ornamental trees, which are maintained by the Forestry Division with assistance from the Cemetery Division. The cemetery currently contains over 16,000 burial sites, three columbariums, nine dedicated affiliation areas and ample room for expansion. To make the Cemetery operations rely less on taxes and more on charges for services, while still contributing to the Perpetual Care Fund, we are recommending increasing Cemetery fees and reducing the revenue being deposited into the Perpetual Care Fund. The Cemetery Advisory Board met on May 27, 2021 and is recommending the changes to the Commission. Please see attached memo for the complete analysis and the resolution for the specific fee changes. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Increase fees for FY22 by 4% and 3% thereafter along with rounding to the nearest dollar. For FY22 this would be an estimated increase of revenue of $6,000 - $8,000 depending on the type of sales during the year. Instead of 35% of all revenues going to the Perpetual Care Fund, have 25% of 129 all lot sales go to the fund. This would change the amount of the revenue going to the fund by $20,000 and that $20,000 would go to current operations. Plot sales vary each year so the deposit to the perpetual care fund would now range from $12,000 to $20,000. The fund will continue to earn interest as well, and the interest is averaging around $20,000 a year and will continue to grow. Attachments: Cemetery Memo For Fee Changes .docx Resolution 5289 Cemetery Fees.docx Report compiled on: June 2, 2021 130 Cemetery Fee Changes Background: During FY2018 we reviewed Cemetery fees for the first time since 2011. As part of this review we looked at the fees and the amount of the fees going towards the Perpetual Care Fund. Before 2011 the Perpetual Care Fund had a small balance and needed to be built up and preserved for the future care of the cemetery. In 2011 all lot sale revenue went to the Perpetual Care Fund. With recommendation from the Cemetery Board, the Commission approved 35% of all revenues. In addition, with a long space between fee change fees in the past, fees were increased by 25% in 2011 and 2% for the year’s following. Now that the Perpetual Care Fund is in a good funding place and Cemetery Costs have increased we need to look at the fee rates and the Perpetual Care fund deposit. Currently, taxes are heavily supplementing Cemetery Operations and it is our recommendation that reliance on taxes should decrease. We recommend that tax support move closer to 50% from its current level of nearly 80%: Since the changes made in 2011 and in 2018, the Perpetual Care Fund is healthier and no spending has occurred in the fund. As of the FY20 the Perpetual Care Fund has a balance of over $1.5 million and is earning interest. 13%15%13%17%11%21% 87%85%87%83%89%79% 0% 20% 40% 60% 80% 100% 120% FY16 FY17 FY18 FY19 FY20 FY21 Budget Funding Breakdown for Cemetery Operations % Funded by General Fund Taxes % Funded by Charges for Services 131 Recommendation To make the Cemetery operations rely less on taxes and more on charges for services, while still contributing to the Perpetual Care Fund we are recommending: Increase fees for FY22 by 4% and 3% thereafter along with rounding to the nearest dollar. For FY22 this would be an estimated increase of revenue of $6,000 -$8,000 depending on the type of sales during the year. Instead of 35% of all revenues going to the Perpetual Care Fund, have 25% of all lot sales go to the fund. This would change the amount of the revenue going to the fund by $20,000 and that $20,000 would go to current operations. Plot sales vary each year so the deposit to the perpetual care fund would now range from $12,000 to $20,000. The fund will continue to earn interest as well, and the interest is averaging around $20,000 a year and will continue to grow. These two changes will still keep investing for the long term care of the cemetery and not rely has heavily on taxes for operations. We will monitor and continue to evaluate fees and the Perpetual Care fund. 2010, $544,209 2014, $880,682 2018, $1,311,442 2020, $1,522,049 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Perpetual Care Fund Balance 132 RESOLUTION NO. 5289 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, SETTING CEMERTY FEES AND PERPETUAL CARE FUND DEPOSITS. WHEREAS,on April 2, 2018 the City Commission passed Resolution 4865 amending the fees for Sunset Hills Cemetery; and WHEREAS,the City Commission has requested that Sunset Hills Cemetery fees be periodically assessed for updating; and WHEREAS, public notice was provided in conformance with Montana Code Annotated 7-1-4127 regarding the public hearing to address amending the Sunset Hills Cemetery fee schedule; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 – Fee Schedule That the following schedule of fees shall be effective for the sale of cemetery lots and other cemetery services, on July 1, 2021 as described: 133 Section 2 – Perpetual Care Fund Deposits Change the current percentage of revenues to the Perpetual Care Fund from 35% of all revenues to 25% of all lot sales starting July 1, 2021. 4%3%3% Fee 2022 2023 2024 Adult Lots 1,560.60$ 1,623$ 1,672$ 1,722$ Ashes Lots 1,170.45$ 1,217$ 1,254$ 1,291$ Infant Lots 118.02$ 123$ 126$ 130$ Columbarium 934.33$ 972$ 1,001$ 1,031$ Second Urn 295.06$ 307$ 316$ 326$ Opening and Closing Adult 786.80$ 818$ 843$ 868$ Opening and Closing Ahses 393.40$ 409$ 421$ 434$ Opening and Closing Infant 157.36$ 164$ 169$ 174$ Opening and Closing Conty/MSU 393.40$ 409$ 421$ 434$ Opening and Closing Columbarium 196.70$ 205$ 211$ 217$ Weekend/Holiday Opening and Closing Adult 1,131.03$ 1,176$ 1,212$ 1,248$ Weekend/Holiday Opening and Closing Ahses 560.59$ 583$ 601$ 619$ Weekend/Holiday Opening and Closing Infant 226.21$ 235$ 242$ 250$ Weekend/Holiday Opening and Closing Conty/MSU 560.59$ 583$ 601$ 619$ Weekend/Holiday Opening and Closing Columbarium 295.06$ 307$ 316$ 326$ Disinterment Triple Opening and Closing Adult 2,360.41$ 2,455$ 2,528$ 2,604$ Disinterment Triple Opening and Closing Ahses 1,180.20$ 1,227$ 1,264$ 1,302$ Disinterment Triple Opening and Closing Infant 472.08$ 491$ 506$ 521$ Disinterment Triple Opening and Closing Conty/MSU 1,180.20$ 1,227$ 1,264$ 1,302$ Disinterment Triple Opening and Closing Columbarium 590.10$ 614$ 632$ 651$ Extra depth operation hours 1,573.61$ 1,637$ 1,686$ 1,736$ Extra depth after hours 2,262.06$ 2,353$ 2,423$ 2,496$ Monument Setting Permit 29.51$ 31$ 32$ 33$ Admin fee for Reconveyance to City 49.17$ 51$ 53$ 54$ Lowering device Rental 59.02$ 61$ 63$ 65$ Disinterment/Reinternment within one week 688.46$ 716$ 737$ 760$ County interment for infant or ashes 98.36$ 102$ 105$ 109$ Payment in Lieu of Vault 688.46$ 716$ 737$ 760$ Memorial Garden Plaque 318.36$ 331$ 341$ 351$ Current Rate 134 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 15 day of June, 2021. ___________________________________ CYNDY ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 135 Memorandum REPORT TO:City Commission FROM:Kristin Donald, Finance Director SUBJECT:FY22 City Manager Recommended Budget- Special Revenue Funds Presentation MEETING DATE:June 15, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:Listen to staff presentations, ask questions, give direction as you see fit. 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:Special Revenue Funds are used to account for the proceeds of specific revenue sources that are legally restricted to expenditure for specific purposes. The revenue is generated in different ways; some have assessments on properties, property taxes, charges for services, and some are funded through grants or donations. The FY22 City Manager Recommended Budget can be found online at: FY22 City Manager Recommended Budget. We will be highlighting the financial of the found found on pages 36-47 as well as the divisions funded in full or in part by the fund. Division details begin on page 63. We will present the following groupings for the Special Revenue funds and funded division information, then pause for questions after each grouping: Street Maintenance Fund and Arterial and Collector District Fund Parks & Trails District Fund and Tree Maintenance (Forestry) Fund Community Development- Planning Fund, Building Inspection Fund and Workforce Housing Fund (CAHAB Recommendation letter attached) American Rescue Plan fund and wrap-up (Summary of the American Rescue Plan is attached along with the guidance it references) The budget is a plan that could need to shift due to the constants changing of guidance. As we prepare to spend we will confirm current guidance and calculations prior to using the funds. In addition, we will not receive half of the funding until 136 the last month of FY22 so some larger projects will not begin until the funds are received due to the cash flow. We have focused our plan on capacity infrastructure, specifically sewer capacity to make more areas developable sooner to help with housing supply. We have also focused on the funding to recover revenues lost that otherwise the City would have to reduce services until funding was recovered such as recreation programming and keeping up of our rental facilities. For the American Rescue Plan funding properly accounting for and spending based on regulations is our highest priority. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Although the Final Budget adoption has far-reaching fiscal effects, there are no immediate fiscal effects as a result of this work session. The funds discussed tonight have proposed budgets with changes in rates and fees that will affect all property owners and system users. Attachments: 7 mills memorandum.pdf American Rescue Plan Overview.docx Report compiled on: May 14, 2021 137 To: Jeff Mihelich, City Manager Subject: Community Affordable Housing Advisory Board FY22 Funding Recommendation From: City of Bozeman Community Affordable Housing Advisory Board Date: March 10, 2021 This memorandum summarizes the results of CAHAB meetings held in December of 2020 and January of 2021 with regards to discussion of the members’ preliminary thoughts on funding the Community Housing Fund. Based on these discussions, CAHAB recommends that the Community Housing Fund receive the equivalent of 7 mills, or approximately $900,000 in FY22. 2020 Community Housing Action Plan Understanding that the City of Bozeman has identified affordable housing as a strategic priority, there is general agreement that the Community Housing Fund is lacking finances to support the requests CAHAB receives for housing related projects in our community. Focus & Measurable Objectives This past year we were particularly short on funds due to the increased demand from HRDC for their Boulevards, Darlington Manor and Warming Center projects. As a result of funding those community needs, the Bridger View Subdivision targeting the “Missing Middle” we were unable to lend any support to this development even though it catered directly to our Affordable Housing Action Plan by several of the parties that helped develop the plan. Economics and Issues The current housing situation in Bozeman has moved from an affordable housing crisis to a housing crisis in general with Median sales prices increasing close to $90,000 this past year (the greatest increase on record and much greater than wages increased) and record low inventory. If it is truly a priority for the city and commissioners and our community to make an impact on affordable housing in Bozeman, we respectfully ask that you provide us the funds to continue to say “yes” to these requests rather than turn them down due to lack of funding. Summary From the CAHAB meeting of January 13th: 00:54:50 Vote on the Motion to approve Suggested Motion Language: Having reviewed the packet materials and considered today's discussion, I move to recommend that the City Manager's proposed budget funds the Community Housing Fund at 7 mills for fiscal year 2022. The Motion carried 6 – 0 We appreciate your consideration of this important topic and including the request for 7 mils in the City Manager’s FY 22 recommended budget. 138 American Rescue Plan Overview Background On March 10, 2021, the House of Representatives approved a Senate-amended version of President Biden's $1.9 trillion COVID-19 relief package - the American Rescue Plan. The package includes $350 billion in aid for state and local governments, along with additional funding for other areas like education, rental assistance and transit. Per the United States Department of Treasury the objectives of this funding is to provide relief to1: Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control Replace lost revenue for eligible state, local, territorial, and Tribal governments to strengthen support for vital public services and help retain jobs Support immediate economic stabilization for households and businesses Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic The Coronavirus State and Local Fiscal Recovery Funds provide substantial flexibility for each government to meet local needs—including support for households, small businesses, impacted industries, essential workers, and the communities hardest hit by the crisis. These funds can also be used to make necessary investments in water, sewer, and broadband infrastructure. The Treasury issued the Interim Final Rule, which implements the provisions of the program.2 The following are the program areas3: 1 https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal-governments/state-and-local-fiscal- recovery-funds 2 https://www.govinfo.gov/content/pkg/FR-2021-05-17/pdf/2021-10283.pdf 3 https://www.gfoa.org/flc-analysis-of-current-proposed-covid-19-relief-measures Issue Area/ Program City Application Guidance Date Updated Coronavirus State and Local Fiscal Recovery Fund This is our funding source and being a non- entitlement City we have special guidance because our funding will com from the State half this June and half the following year. https://home.treasury.gov/system/files/136/NEU_G uidance.pdf 5/25/2021 Emergency paid sick and family leave credits N/A- Tax credits are not available to government entities https://gfoaorg.cdn.prismic.io/gfoaorg/e7498a6f- 0108-4a44-b053-f18dfaec644b_Paid-Leave-Credit- Snapshot.pdf 4/21/2021 Emergency Rental Assistance Program STATE- Funding sent to State for administration https://home.treasury.gov/system/files/136/ERA2FA Qs%205-6-21.pdf 5/7/2021 Homeowner Assistance Fund STATE- Funding sent to State for administration https://home.treasury.gov/system/files/136/HAF- Guidance.pdf 4/14/2021 Low-Income Household Water Assistance Program STATE- Funding sent to State for administration https://www.acf.hhs.gov/ocs/policy- guidance/lihwap-2021-05-state-territories-initial- requirements-fy2021 4/19/2021 139 Allowable Spending and Guidance for City Funding Funding Process Coronavirus State and Local Fiscal Recovery (CSLFR) provides $350 billion in funding. Specifically for local governments based on this formula: Cities = $65.1B [Pop. > 50k ($44.7B, allocation based on modified CDBG formula); Pop. < 50k ($19.53B, non-CDBG Eligible, money flows through state, allocation capped based on budget but cannot exceed 75 percent of budget as of 1/27/20)] Counties = $65.1B, allocation based on population The funding for CSLFR for entitlement cities are distributed directly. For Non-entitlement units, defined in section 603(g) (5) of the Social Security Act, as added by the American Rescue Plan Act, are generally local governments with populations of less than 50,000. Non-entitlement units will receive Coronavirus State and Local Fiscal Recovery Funds through their state governments. State governments will receive a specific allocation of these funds from Treasury for this purpose and will be responsible for disbursing these funds to non-entitlement units within their state. Award amounts are based on the population of the non-entitlement unit.Paymentsto local governments will be made in two tranches, first half 60 days after enactment, second half one year later. Eligible use of the funding is broader than CRF funding. Specifically, eligible uses include (updated 5/25/21 to add Stormwater)4: Support public health expenditures, by funding COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff; Address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries, and the public sector; Replace lost public sector revenue, using this funding to provide government services to the extent of the reduction in revenue experienced due to the pandemic; Provide premium pay for essential workers, offering additional support to those who have borne and will bear the greatest health risks because of their service in critical infrastructure sectors; and, Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and Stormwater infrastructure, and to expand access to broadband internet. Implementation Broad definition of allowable uses, including lost revenue (limited to revenue loss due to pandemic relative to fiscal year prior to the emergency), negative economic impact of the pandemic, and necessary investments in water, sewer, or broadband infrastructure. Funds cannot be used to offset tax cuts or delay a tax; funds cannot be deposited into a pension fund. Funds available and use completed by December 31, 2024. Each eligible use categories have guidance and restrictions which we have highlighted in brief. This information us updated by the U.S. Treasury Department May 25, 2021 and our plan for spending started in April with the Recommended Budget was published 5/6/2021. We will ensure prior to any spending or transfers for revenue shortfalls that we will revisit the most recent guidance to make sure it conforms and is eligible. Compliance is key since these are Federal Funding it will be subject to Federal Guidelines and audit regulations. The following table breaks down the areas with eligible expenditures and restrictions provided by the Government Finance Officers Association5: 4 https://home.treasury.gov/system/files/136/SLFRP-Fact-Sheet-FINAL1-508A.pdf 5 https://www.gfoa.org/flc-analysis-of-current-proposed-covid-19-relief-measures 140 Area Eligible Restrictions Support public health expenditures- A broad range of services are needed to contain COVID-19 and are eligible uses, including vaccination programs; medical care; testing; contact tracing; support for isolation or quarantine; supports for vulnerable populations to access medical or public health services; public health surveillance; enforcement of public health orders; public communication efforts; enhancement to health care capacity, including through alternative care facilities; purchases of personal protective equipment; support for prevention, mitigation, or other services in congregate living facilities and other key settings like schools; ventilation improvements in congregate settings, health care settings, or other key locations. The Interim Final Rule contains a non- exclusive list of programs or services that may be funded as responding to COVID-19 or the negative economic impacts of the COVID-19 public health emergency, along with considerations for evaluating other potential uses of Fiscal Recovery Funds not explicitly listed. Address negative economic impacts caused by the public health emergency Eligible uses in this category include assistance to households; small businesses and non-profits; and aid to impacted industries. Assistance to households includes, but is not limited to: food assistance; rent, mortgage, or utility assistance; counseling and legal aid to prevent eviction or homelessness; cash assistance; emergency assistance for burials, home repairs, weatherization, or other needs; internet access or digital literacy assistance; or job training to address negative economic or public health impacts experienced due to a worker’s occupation or level of training. May not use funds for general economic development or workforce develoipment. Recipients must demonstrate that funding uses directly address a negative economic impact of the COVID-19 public health emergency, including funds used for economic or workforce development. For example, job training for unemployed workers may be used to address negative economic impacts of the public health emergency and be eligible. Replace lost public sector revenue General Revenue includes revenue from taxes, current charges, and miscellaneous general revenue. Recipients should classify revenue sources as they would if responding to the U.S. Census Bureau’s Annual Survey of State and Local Government Finances. An example of current charges that would be included in a state or local government’s general revenue from own sources: “Gross revenue of facilities operated by a government (swimming pools, recreational marinas and piers, golf courses, skating rinks, museums, zoos, etc.); auxiliary facilities in public recreation areas (camping areas, refreshment stands, gift shops, etc.); lease or use fees from stadiums, auditoriums, and community and convention centers; and rentals from concessions at such facilities.” Recipients are permitted to calculate the extent of reduction in revenue as of four points in time: December 31, 2020; December 31, 2021; December 31, 2022; and December 31, 2023. It excludes refunds and other correcting transactions, proceeds from issuance of debt or the sale of investments, agency or private trust transactions, and revenue generated by utilities and insurance trusts. General revenue also includes intergovernmental transfers between state and local governments, but excludes intergovernmental transfers from the Federal government, including Federal transfers made via a state to a locality pursuant to the CRF or the Fiscal Recovery Funds. Provide premium pay for essential workers Essential workers are those in critical infrastructure sectors who regularly perform in-person work, interact with others at work, or physically handle items handled by others. The Interim Final Rule emphasizes the need for recipients to prioritize premium pay for lower income workers. Premium pay that would increase a worker’s total pay above 150% of the greater of the state or county average annual wage requires specific justification for how it responds to the needs of these workers. 141 Specifically in regards to affordable housing we searched all guidance for “affordable housing”, “workforce housing” and “community Housing” and there is funding. For our specific funding it does come up in the fact sheet dated 5/10/21 under Address negative economic impacts caused by the public health emergency as: “Investments in housing and neighborhoods, such as services to address individuals experiencing homelessness, affordable housing development, housing vouchers, and residential counseling and housing navigation assistance to facilitate moves to neighborhoods with high economic opportunity;” Further in the 5/25/21 guidance further clarifies that you must prove a COVID-19 impact and who can be served with the funding: “In recognition of the disproportionate impacts of the COVID-19 virus on health and economic outcomes in low- income and Native American communities, the Interim Final Rule identifies a broader range of services and programs that are considered to be in response to the public health emergency when provided in these communities. Specifically, Treasury will presume that certain types of services are eligible uses when provided in a Qualified Census Tract (QCT), to families living in QCTs, or when these services are provided by Tribal governments. Recipients may also provide these services to other populations, households, or geographic areas disproportionately impacted by the pandemic. In identifying these disproportionately-impacted communities, recipients should be able to support their determination for how the pandemic disproportionately impacted the populations, households, or geographic areas to be served.” Therefore under the current guidance, we would have a lot to establish to justify the spending and would need to create specific programs to distribute funding and comply with Federal regulations. Further, we would have demonstrate there was an impact to housing due to COVID-19 impacts as part of reporting and we do not have data to support this. The City can explore other housing funding directly from Federal programs and State programs to see if we can qualify prior to being made an entitlement City. The Cityneeds to stay within requirements and regulations to ensure we will not have to return the funding and find a way to cover the costs incurred for any expenditures determined to be unallowable. Area Eligible Restrictions Invest in water, sewer, and broadband infrastructure As mentioned in the Interim Final Rule, eligible projects under the DWSRF and CWSRF support efforts to address climate change, as well as to meet cybersecurity needs to protect water and sewer infrastructure. Given the lifelong impacts of lead exposure for children, and the widespread nature of lead service lines, Treasury also encourages recipients to consider projects to replace lead service lines. Under the DWSRF, categories of eligible projects include: treatment, transmission and distribution (including lead service line replacement), source rehabilitation and decontamination, storage, consolidation, and new systems development. Under the CWSRF, categories of eligible projects include: construction of publicly-owned treatment works, nonpoint source pollution management, national estuary program projects, decentralized wastewater treatment systems, stormwater systems, water conservation, efficiency, and reuse measures, watershed pilot projects, energy efficiency measures for publicly- owned treatment works, water reuse projects, security measures at publicly-owned treatment works, and technical assistance to ensure compliance with the Clean Water Act. Recipients may not use funds as a state match for the CWSRF and DWSRF due to prohibitions in utilizing federal funds as a state match in the authorizing statutes and regulations of the CWSRF and DWSRF. 142 Reporting and Auditfor City Funds As provided for in the award terms, payments from the Fiscal Recovery Funds as a general matter will be subject to the provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200) (the Uniform Guidance), including the cost principles and restrictions on general provisions for selected items of cost.6 Recipients of Fiscal Recovery Funds will be required to submit one interim report and thereafter quarterly Project and Expenditure reports until the end of the award period. Recipients must submit interim reports to Treasury by August 31, 2021. The quarterly Project and Expenditure reports will include financial data, information on contracts and subawards over $50,000, types of projects funded, and other information regarding a recipient’s utilization of the award funds. Non-entitlement unit recipients will be required to submit annual Project and Expenditure reports until the end of the award period. The initial annual Project and Expenditure report for Non-entitlement unit recipients must be submitted to Treasury by October 31, 2021. The subsequent annual reports must be submitted to Treasury by October 31 each year.7 As part of the annual financial audit the City under goes a Single Audit, and Federal funding is reported on the City’s schedule of federal awards. Any other American Rescue Plan funding received from the State and the City’s direct funding will be reported on the schedule. The City will have to demonstrate they had proper internal controls in place, ensured all costs were allowable under federal guidance and reporting was done accurately and timely. These audits can aid or hinder the City in receiving and competing for Federal funding in the future. Other ARP Funding As part of the American Rescue Plan there is funding going to federal programs and to the states. Specifically, the State of Montana has set their spending with House Bill 632. Many of the programs are through existing funding mechanisms and there is a larger portion for infrastructure. The funding is split between two funding areasone based on a City population and requires a match, the City will apply and could receive up to $6 million for water and sewer infrastructure depending on our match abilities and projects readiness to be spent by 2024. The other funding area is a competitive process. A summary of HB0632 is below and highlighted in green is the funding, as of right now, available to Cities to apply for 8: Applications are due July 15 and we are looking into what we can apply for and accomplish in the time and match constraints. Water and Sewer infrastructure-A recipient may only use funds to cover costs incurred during the period beginning March 3, 2021 through December 31, 2026. Funds must be obligated by December 31, 2024. Any funds not obligated by December 31, 2024 must be returned to the Treasury. We are getting an allocation from the minimum allocation grant then we can apply for competitive grants. The max for competitive grants is $25 Million. Broadband –The State Department of Commerce is currently gathering mapping information in coordination with the State Library and other providers. Working with the Commission and the Governor's Office, Commerce will develop the open process for submission of proposals for funding required in SB297. Eligible providers may be awarded funding for projects in unserved, underserved or frontier areas. The Department is also in the process of hiring broadband deployment experts to staff the Broadband Task Force within Commerce. Please check back for more information as those jobs are posted on the State's recruitment website. Economic - Recovery and work force development. Programs developed by the State Department of Commerce and recommended to the Governor by the Advisory Commission by the Commission may include grant and other programs for businesses, workforce development, and employee training. By law, the proposals recommended for funding by Commerce must be reviewed by the Commission, which will then recommend grants and programs to the Governor. 6 https://gfoaorg.cdn.prismic.io/gfoaorg/6a9dcc45-6811-46e6-be79-91c5432b057f_2021-10283.pdf (page 86) 7 https://gfoaorg.cdn.prismic.io/gfoaorg/6a9dcc45-6811-46e6-be79-91c5432b057f_2021-10283.pdf (pages 98-100) 8 https://leg.mt.gov/bills/2021/billpdf/HB0632.pdf 143 Commerce and other agencies are in the process of developing recommended grant programs that will be submitted to be recommended by the Advisory Commission. Once programs are recommended by the Advisory Commission, Commerce and other agencies will provide more information on the grants available and process for applying and awarding the grants. Health and Human Services - Mainly State and County programs adding funding to programs such as Supplemental Nutrition Assistance Program, Commodity Supplemental Food Program, Family Violence Prevention, Vaccine Distribution and Supply, Testing and Contact Tracing, Child care Block Grants, Mental Health Block grant, and WIC. Housing - Mortgage assistance program. Education – Elementary & Secondary School Emergency Relief (ESSR) funding and funding for home & private school COVID impacts. FY22 Budget Plan The budget is a plan that could need to shift due to the constants changing of guidance. As we prepare to spend we will confirm current guidance and calculations prior to using the funds. In addition, we will not receive half of the funding until the last month of FY22 so some larger projects will not begin until the funds are received due to the cash flow. We have focused our plan on capacity infrastructure, specifically sewer capacity to make more areas developable sooner to help with housing supply. We have also focused on the funding to recover revenues lost that otherwise the City would have to reduce services until funding was recovered such as recreation programming and keeping upof our rental facilities. For the American Rescue Plan funding properly accounting for and spending based on regulations is our highest priority. We plan to include in the Financial Quarterly Updates the application and spending of this fundingto keep the Commission informed. 144