HomeMy WebLinkAbout05-17-22 City Commission Meeting Agenda & Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.FYI
E.Commission Disclosures
F.Consent
F.1 Accounts Payable Claims Review and Approval (Stewart)
F.2 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way
Documents with DDS Investments, LLC for the Griffin Drive and Manley Road Street and
Stormwater Improvements Project(Lonsdale)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, May 17, 2022
This meeting will be held both in-person and also using Webex, an online videoconferencing system.
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Via Webex:
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, channel 190, or attend in-person
United States Toll
+1-650-479-3208
Access code: 2554 592 3905
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.
Public comments will be accepted in-person during the appropriate agenda items.
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 hybrid meeting.
As always, the meeting will be streamed through the Commission's video page and available in the City
on cable channel 190.
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F.3 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way
Documents with Glen Lake Holdings, LLC for the Griffin Drive and Manley Road Street and
Stormwater Improvements Project(Lonsdale)
F.4 Authorize the City Manager to Sign a Professional Services Agreement with Corrpro (Aegion)
for Annual Inspection of the Hilltop Tank Cathodic Protection System(Jill Miller)
F.5 Authorize the City Manager to Sign an Addendum to the Professional Services Agreement
with Clean Slate Group, LLC for Graffiti Removal Services(Yeykal)
F.6 Ordinance 2107 Final Adoption Authorizing Fire Chief to Issue Burn Ban When
Necessary(Waldo)
G.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once. Please note, the City Commission cannot take
action on any item which does not appear on the agenda. All persons addressing the City
Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name and address in an audible tone of voice for the record
and limit your comments to three minutes.
H.Special Presentation
H.1 One Valley Community Foundation's A Seat at the Table(Andreasen)
I.Action Items
I.1 Resolution 5381 Creation of Special Improvement Lighting District 771, Bozeman
CoHousing(Harlow-Schalk)
I.2 Ordinance 2110 Final Adoption Amending the City's Outdoor Water Use Restrictions by
Establishing Permanent Restrictions on Time of Day and Day of the Week and Creating
Exemptions from Said Restrictions, Establishing the City's Drought Contingency Response,
Including Authorizing the City Manager to Declare a Drought, Providing for Drought
Surcharge Rates During a Drought, and Establishing Standards for Use of City Utility Water
During a Declared Drought(Ahlstrom)
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
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meeting as well.
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Memorandum
REPORT TO:City Commission
FROM:Nadine Waters, Accounts Payable Clerk
Levi Stewart, Assistant City Controller
Aaron Funk, City Controller
Rachel Harlow-Schalk, Interim Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:May 17, 2022
AGENDA ITEM TYPE:Finance
RECOMMENDATION:City Commission approval is recommended for claims as presented.
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:Montana Code Annotated, Section 7-6-4301 requires the City Commission to
review claims prior to payment. Claims presented to the City Commission
under this item have been reviewed and validated by the Finance
Department. The Department has ensured that all goods and services have
been received along with necessary authorizations and supporting
documentation. Additionally, the Department confirmed all expenditures
were appropriately coded and within the current fiscal year allocated
budget.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
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
https://www.bozeman.net/departments/finance/purchasing.
Report compiled on: May 5, 2022
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Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Lance Lehigh, Interim City Engineer
SUBJECT:Authorize the City Manager to Sign Temporary Construction Permits and
Right-of-Way Documents with DDS Investments, LLC for the Griffin Drive and
Manley Road Street and Stormwater Improvements Project
MEETING DATE:May 17, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to Sign Temporary Construction Permits and
Right-of-Way Documents with DDS Investments, LLC for the Griffin Drive
and Manley Road Street and Stormwater Improvements Project.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The Griffin Drive and Manley Road Street and Stormwater Improvement
project generally consists of construction of a new three-lane roadway on
Griffin Drive from Maus Lane to Rouse Avenue with curb and gutter,
separated multi-use pathways on both sides, a traffic signal at Manley Road,
lighting and utility improvements. The project also includes construction of
approximately 200 feet of Manley Road from Griffin Drive to the south end
of the Manley Road reconstruction project, which was completed in 2020. In
order to construct these improvements it is necessary to acquire the right of
way described herein. The attached documents have been executed by the
property owners, and are necessary for the completion of the project. The
valuations used for these acquisitions were established through the work of
Sanderson Stewart.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None identified or recommended.
FISCAL EFFECTS:The total cost is of these agreements is $54,394.50 with $24,625.00 for
Compensation for the Public Use Easement, $500.00 for Temporary
Construction Easements, $2,463.00 Administrative Settlement, $25,075.00
for Costs to Cure, and $1,731.50 in closing costs. The funds for this are part
of SIF001 Right of Way Acquisition.
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Attachments:
20220517_DDS_ROW agreements for city signature.pdf
Report compiled on: May 5, 2022
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Page 1 of 2 - 5/9/2022
MLHC Buyer’s Escrow Instructions
Montana Title & Escrow, Inc.Date: May 10, 2022
1925 N. 22nd Avenue, Suite 102
Bozeman, MT 59718
Phone: (406) 587-7702
Fax: (406) 587-2891
Escrow No.: M-30817
Escrow Officer: Candace Elser
Property Address:
300 East Griffin Drive, Bozeman, MT 59715
BUYER’S INSTRUCTIONS
Montana Title & Escrow, Inc., a Montana Corporation, is licensed to perform escrow services by the State of
Montana.
It is understood, by the parties hereto, that when the term “Escrow Holder” is used throughout these
instructions it is always referring to Montana Title & Escrow, Inc. unless specifically stated otherwise.
I/We hand you herewith:
Cashier's check or verifiable funds in the amount stated on the attached Estimated Settlement Statement.
You are hereby authorized to deliver and/or record all said documents and disburse said funds, together with
the proceeds of any EASEMENT mentioned, on account for the purchase price of the real property described
in your above numbered escrow and on account for the other costs, fees and adjustments in connection
therewith, when you can issue your 2006 ALTA Standard Owners Policy of Title Insurance in the amount of
$52,663.00.
Title to be as vested in the name of: City of Bozeman, a municipal corporation of the State of Montana
SUBJECT TO:
1. All printed exceptions and conditions in the policy.
2. All general and special taxes as shown in Item 6 below.
3. The lien of supplemental taxes which may be assessed as a result of revised assessed values.
4. Bond and/or Special Assessments not delinquent.
5. Covenants, Conditions, Restrictions, Easements, Reservations now of record
6. Exceptions Numbered: 1 -15 as shown on the Title Commitment dated April 19, 2022
The undersigned Buyer acknowledges that he/she has received and read a copy of the Preliminary Report or
Title Commitment Order No. M-30817. Seller to acknowledge that the information contained in the Preliminary
Report is correct to the best of his/her knowledge.
The receipt by escrow of all documents and monies required to transfer title in accordance with these
instructions shall be deemed as sufficient indication that all contingencies and/or conditions contained in the
Purchase Agreement by and between the within Buyers and Sellers have been removed, complied with, or will
be satisfied outside of escrow.
These instructions are effective until revoked by any of the undersigned through written demand delivered to
Escrow Holder. I hereby agree to pay all my proper costs and fees, including any adjustments, and request
you to remit balance to me at the address shown below. Buyer’s estimated settlement statement attached
hereto and made a part hereof.
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Page 2 of 2 - 5/9/2022
MLHC Buyer’s Escrow Instructions
BUYER:
CITY OF BOZEMAN, A MONTANA MUNICIPAL CORPORATION
By:_____________________________________________
Jeff Mihelich, City Manage
By:_____________________________________________
Mike Maas, City Clerk
Mailing Address:
Phone:Email:
Received by Montana Title & Escrow, Inc.
By:____________________________________ Date:__________________ Time:___________
1 -15
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BUYER(S) ESTIMATED CLOSING STATEMENT
File Number:
Property:
Close Date:
Buyer(s):
Legal Desc:
Montana Title & Escrow, Inc.
Date Prepared:
Lender:
A PUBLIC USE EASEMENT ON THE FOLLOWING DESCRIBED LAND: SUB-TRACT 7 OF MAYS TRACT, A SUBURB OF THE
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE AND OF
RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GALLATIN COUNTY, MONTANA. LESS AND
EXCEPTING ANY PORTION OF SAID PROPERTY AS DESCRIBED IN QUITCLAIM DEED TO THE MONTANA DEPARTMENT
OF TRANSPORTATION, RECORDED AUGUST 4, 2015 AS DOCUMENT NO. 2520429, OFFICIAL RECORDS. SAID PUBLIC
USE EASEMENT IS MORE PARTICULARLY DESCRIBED AS: Beginning at the Northwest corner of Sub-Tract 7 and the
easement herein described, being a point on the South right-of-way of West Griffin Drive, said point of beginning; Thence,
from said point of beginning, S 87° 59' 45" E, 176.92 feet along the South right-of-way of West Griffin Drive; Thence, S 72°
37' 07" E, 38.43 feet along the South right-of-way of West Griffin Drive; Thence, N 89° 17' 11" W, 208.93 feet; Thence, S 47°
38' 04" W, 6.95 feet to the West line of Sub-Tract 7; Thence, N 01° 37' 09" E, 19.75 feet along the West line of Sub-Tract 7 to
the South right-of-way of West Griffin Drive and the point of beginning.
300 EAST GRIFFIN DRIVE
BOZEMAN, MT 59715 (GALLATIN)
CITY OF BOZEMAN, A MUNICIPAL CORPORATION OF THE STATE OF MONTANA
PO BOX 1230
121 N ROUSE
Bozeman, MT 59771
DDS INVESTMENTS, LLC, A MONTANA LIMITED LIABILITY COMPANY
P.O. Box 1201
Bozeman, MT 59771
1925 N. 22nd Avenue
Suite 102
Bozeman, MT 59718
(406) 587-7702
Sales Price:
Sale
Seller(s):
Type:
M-30817
$52,663.00
6/1/2022
5/10/2022 8:49:25 AM
Disbursement Date:6/1/2022
Description DebitP.O.C.Credit
Deposits, Credits, Debits
$52,663.00Sale Price of Property
Title Charges
Title - Lender's coverage Premium $0.00 to Montana Title & Escrow, Inc.
$374.00Title - Owner's Title Insurance $52,663.00 Premium $374.00 to Montana Title & Escrow, Inc.
$1,000.00Title - Settlement or closing fee $1,000.00 to Montana Title & Escrow, Inc.
$8.50Title - E-Recording Service Fee to Simplifile
$285.00Title - Additional Title Work Charges to Montana Title & Escrow, Inc.
Government Recording and Transfer Charges
$32.00RECORDING PUBLIC USE EASEMENT to MLHC Recording Account $32.00
$32.00RECORDING TEMPORARY CONSTRUCTION PERMIT to MLHC Recording Account $32.00
Totals $54,394.50 $0.00
$54,394.50Balance Due FROM Buyer:
Issued Date: May 10, 2022
Lender's Basic (non-discounted) Rate:
I/We hereby agree to pay all my proper costs and fees, including any taxes, assessments and liens of public record, and any
adjustments thereto, and authorize you to deduct same from funds due me and remit the balance to me at an address designated
by the undersigned.
APPROVED AND ACCEPTED
BUYER(S)
CITY OF BOZEMAN, A MONTANA MUNICIPAL CORPORATION
By:_____________________________________________
Jeff Mihelich, City Manage
By:_____________________________________________ Mike Maas, City Clerk
SETTLEMENT COORDINATOR
________________________________________________________________
Candace Elser
1 of 1File Number:M-30817
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BUYER(S) FINAL CLOSING STATEMENT
File Number:
Property:
Close Date:
Buyer(s):
Legal Desc:
Montana Title & Escrow, Inc.
Date Prepared:
Lender:
A PUBLIC USE EASEMENT ON THE FOLLOWING DESCRIBED LAND: SUB-TRACT 7 OF MAYS TRACT, A SUBURB OF THE
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE AND OF
RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GALLATIN COUNTY, MONTANA. LESS AND
EXCEPTING ANY PORTION OF SAID PROPERTY AS DESCRIBED IN QUITCLAIM DEED TO THE MONTANA DEPARTMENT
OF TRANSPORTATION, RECORDED AUGUST 4, 2015 AS DOCUMENT NO. 2520429, OFFICIAL RECORDS. SAID PUBLIC
USE EASEMENT IS MORE PARTICULARLY DESCRIBED AS: Beginning at the Northwest corner of Sub-Tract 7 and the
easement herein described, being a point on the South right-of-way of West Griffin Drive, said point of beginning; Thence,
from said point of beginning, S 87° 59' 45" E, 176.92 feet along the South right-of-way of West Griffin Drive; Thence, S 72°
37' 07" E, 38.43 feet along the South right-of-way of West Griffin Drive; Thence, N 89° 17' 11" W, 208.93 feet; Thence, S 47°
38' 04" W, 6.95 feet to the West line of Sub-Tract 7; Thence, N 01° 37' 09" E, 19.75 feet along the West line of Sub-Tract 7 to
the South right-of-way of West Griffin Drive and the point of beginning.
300 EAST GRIFFIN DRIVE
BOZEMAN, MT 59715 (GALLATIN)
CITY OF BOZEMAN, A MUNICIPAL CORPORATION OF THE STATE OF MONTANA
PO BOX 1230
121 N ROUSE
Bozeman, MT 59771
DDS INVESTMENTS, LLC, A MONTANA LIMITED LIABILITY COMPANY
P.O. Box 1201
Bozeman, MT 59771
1925 N. 22nd Avenue
Suite 102
Bozeman, MT 59718
(406) 587-7702
Sales Price:
Sale
Seller(s):
Type:
M-30817
$52,663.00
6/1/2022
5/10/2022 8:49:49 AM
Disbursement Date:6/1/2022
Description DebitP.O.C.Credit
Deposits, Credits, Debits
$52,663.00Sale Price of Property
Title Charges
Title - Lender's coverage Premium $0.00 to Montana Title & Escrow, Inc.
$374.00Title - Owner's Title Insurance $52,663.00 Premium $374.00 to Montana Title & Escrow, Inc.
$1,000.00Title - Settlement or closing fee $1,000.00 to Montana Title & Escrow, Inc.
$8.50Title - E-Recording Service Fee to Simplifile
$285.00Title - Additional Title Work Charges to Montana Title & Escrow, Inc.
Government Recording and Transfer Charges
$32.00RECORDING PUBLIC USE EASEMENT to MLHC Recording Account $32.00
$32.00RECORDING TEMPORARY CONSTRUCTION PERMIT to MLHC Recording Account $32.00
Totals $54,394.50 $0.00
$54,394.50Balance Due FROM Buyer:
APPROVED AND ACCEPTED
BUYER(S)
CITY OF BOZEMAN, A MONTANA MUNICIPAL CORPORATION
By:_____________________________________________
Jeff Mihelich, City Manage
By:_____________________________________________
Mike Maas, City Clerk
SETTLEMENT COORDINATOR
________________________________________________________________
Candace Elser
1 of 1File Number:M-30817
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Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Lance Lehigh, Interim City Engineer
SUBJECT:Authorize the City Manager to Sign Temporary Construction Permits and
Right-of-Way Documents with Glen Lake Holdings, LLC for the Griffin Drive
and Manley Road Street and Stormwater Improvements Project
MEETING DATE:May 17, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to Sign Temporary Construction Permits and
Right-of-Way Documents with Glen Lake Holdings, LLC for the Griffin Drive
and Manley Road Street and Stormwater Improvements Project.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The Griffin Drive and Manley Road Street and Stormwater Improvement
project generally consists of construction of a new three-lane roadway on
Griffin Drive from Maus Lane to Rouse Avenue with curb and gutter,
separated multi-use pathways on both sides, a traffic signal at Manley Road,
lighting and utility improvements. The project also includes construction of
approximately 200 feet of Manley Road from Griffin Drive to the south end
of the Manley Road reconstruction project, which was completed in 2020. In
order to construct these improvements it is necessary to acquire the right of
way described herein. The attached documents have been executed by the
property owners, and are necessary for the completion of the project. The
valuations used for these acquisitions were established through the work of
Sanderson Stewart.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None identified or recommended.
FISCAL EFFECTS:The total cost is of these agreements is $7,457.50 with $4,300.00 for
Compensation for the Public Use Easement, $500.00 for Temporary
Construction Easements, $1,300.00 for Administrative Settlement, and
$1,357.50 in closing costs. The funds for this are part of SIF001 Right of Way
Acquisition.
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Attachments:
20220517_Glen Lake Holdings_ROW agreements for city
signature.pdf
Report compiled on: May 5, 2022
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Page 1 of 2 - 5/10/2022
MLHC Buyer’s Escrow Instructions
Montana Title & Escrow, Inc.Date: May 10, 2022
1925 N. 22nd Avenue, Suite 102
Bozeman, MT 59718
Phone: (406) 587-7702
Fax: (406) 587-2891
Escrow No.: M-32102
Escrow Officer: Candace Elser
Property Address:
2201 Iron Horse Road, Bozeman, MT 59715
BUYER’S INSTRUCTIONS
Montana Title & Escrow, Inc., a Montana Corporation, is licensed to perform escrow services by the State of
Montana.
It is understood, by the parties hereto, that when the term “Escrow Holder” is used throughout these
instructions it is always referring to Montana Title & Escrow, Inc. unless specifically stated otherwise.
I/We hand you herewith:
Cashier's check or verifiable funds in the amount stated on the attached Estimated Settlement Statement.
You are hereby authorized to deliver and/or record all said documents and disburse said funds, together with
the proceeds of any EASEMENT mentioned, on account for the purchase price of the real property described
in your above numbered escrow and on account for the other costs, fees and adjustments in connection
therewith, when you can issue your 2006 ALTA Standard Owners Policy of Title Insurance in the amount of
$6,100.00.
Title to be as vested in the name of: City of Bozeman, a municipal corporation of the State of Montana
SUBJECT TO:
1. All printed exceptions and conditions in the policy.
2. All general and special taxes as shown in Item 6 below.
3. The lien of supplemental taxes which may be assessed as a result of revised assessed values.
4. Bond and/or Special Assessments not delinquent.
5. Covenants, Conditions, Restrictions, Easements, Reservations now of record
6. Exceptions Numbered: 1-22 as shown on the Title Commitment dated April 19, 2022
The undersigned Buyer acknowledges that he/she has received and read a copy of the Preliminary Report or
Title Commitment Order No. M-32102. Seller to acknowledge that the information contained in the Preliminary
Report is correct to the best of his/her knowledge.
The receipt by escrow of all documents and monies required to transfer title in accordance with these
instructions shall be deemed as sufficient indication that all contingencies and/or conditions contained in the
Purchase Agreement by and between the within Buyers and Sellers have been removed, complied with, or will
be satisfied outside of escrow.
These instructions are effective until revoked by any of the undersigned through written demand delivered to
Escrow Holder. I hereby agree to pay all my proper costs and fees, including any adjustments, and request
you to remit balance to me at the address shown below. Buyer’s estimated settlement statement attached
hereto and made a part hereof.
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Page 2 of 2 - 5/10/2022
MLHC Buyer’s Escrow Instructions
BUYER:
CITY OF BOZEMAN, A MONTANA MUNICIPAL CORPORATION
By:_____________________________________________
Jeff Mihelich, City Manage
By:_____________________________________________
Mike Maas, City Clerk
Mailing Address:
Phone:Email:
Received by Montana Title & Escrow, Inc.
By:____________________________________ Date:__________________ Time:___________
1-22
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BUYER(S) ESTIMATED CLOSING STATEMENT
File Number:
Property:
Close Date:
Buyer(s):
Legal Desc:
Montana Title & Escrow, Inc.
Date Prepared:
Lender:
A PUBLIC USE EASEMENT ON THE FOLLOWING DESCRIBED LAND:
LOT 1 IN BLOCK 2 OF GLEN LAKE COMMERCE SUBDIVISION, AS SUBDIVISION OF LOT 1A MINOR SUBDIVISION NO.
154A, LOCATED IN THE SW1/4 OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 6 EAST, P.M.M., CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA. (PLAT REFERENCE J-642)
SAID PUBLIC USE EASEMENT MORE PARTICULARLY DESCRIBED ASL FOLLOWS
Beginning at the Southernmost corner of Lot 1 and the easement herein described, being a point on the North right-of-way
of West Griffin Drive and the West right-of-way of Manley Road, said point of beginning; Thence, from said point of
beginning, N 36° 22' 51" W, 25.78 feet along the Southwest line of Lot 1; Thence, N 52° 09' 33" E, 19.53 feet to the West
right-of-way of Manley Road; Thence, S 00° 14' 39" W, 32.74 feet along the West right-of-way of Manley Road to the North
right-of-way of West Griffin Drive and the point of beginning, and containing 252 sq.ft., more or less,
AND
Beginning at the Southeast corner of the permit herein described, being a point on the West right-of-way of Manley Road,
from which point the Southernmost corner of Lot 1 bears S 00° 14' 39" W, 32.74 feet, said point of beginning; Thence, from
said point of beginning, S 52° 09' 33" W, 12.70 feet; Thence, N 00° 14' 39" E, 132.11 feet; Thence, S 89° 45' 21" E, 10.00 feet
to the West right-of-way of Manley Road; Thence, S 00° 14' 39" W, 124.27 feet along the West right-of-way of Manley Road
to the point of beginning, and containing 1,282 sq.ft., more or less
2201 IRON HORSE ROAD
BOZEMAN, MT 59715 (GALLATIN)
CITY OF BOZEMAN, A MUNICIPAL CORPORATION OF THE STATE OF MONTANA
PO BOX 1230
121 N ROUSE
Bozeman, MT 59771
GLEN LAKE HOLDINGS, LLC
P.O. Box 1201
Bozeman, MT 59771
1925 N. 22nd Avenue
Suite 102
Bozeman, MT 59718
(406) 587-7702
Sales Price:
Sale
Seller(s):
Type:
M-32102
$6,100.00
6/1/2022
5/10/2022 1:28:38 PM
Disbursement Date:6/1/2022
Description DebitP.O.C.Credit
Deposits, Credits, Debits
$6,100.00Sale Price of Property
Title Charges
Title - Lender's coverage Premium $0.00 to Montana Title & Escrow, Inc.
$175.00Title - Owner's Title Insurance $6,100.00 Premium $175.00 to Montana Title & Escrow, Inc.
$1,000.00Title - Settlement or closing fee $1,000.00 to Montana Title & Escrow, Inc.
$110.00Title - Additional Title Work Charges to Montana Title & Escrow, Inc.
$8.50Title - E-Recording Service Fee to MLHC Recording Account
Government Recording and Transfer Charges
$32.00RECORDING TEMPORARY CONSTRUCTION PERMIT to MLHC Recording Account $32.00
$32.00RECORDING PUBLIC USE EASEMENT to MLHC Recording Account $32.00
Totals $7,457.50 $0.00
$7,457.50Balance Due FROM Buyer:
Issued Date: May 10, 2022
Lender's Basic (non-discounted) Rate:
I/We hereby agree to pay all my proper costs and fees, including any taxes, assessments and liens of public record, and any
adjustments thereto, and authorize you to deduct same from funds due me and remit the balance to me at an address designated
by the undersigned.
1 of 2File Number:M-32102
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APPROVED AND ACCEPTED
BUYER(S)
________________________________________________________________CITY OF BOZEMAN, A MONTANA MUNICIPAL CORPORATION
By:_____________________________________________
Jeff Mihelich, City Manage
By:_____________________________________________ Mike Maas, City Clerk
SETTLEMENT COORDINATOR
________________________________________________________________
Candace Elser
2 of 2File Number:M-32102
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BUYER(S) FINAL CLOSING STATEMENT
File Number:
Property:
Close Date:
Buyer(s):
Legal Desc:
Montana Title & Escrow, Inc.
Date Prepared:
Lender:
A PUBLIC USE EASEMENT ON THE FOLLOWING DESCRIBED LAND:
LOT 1 IN BLOCK 2 OF GLEN LAKE COMMERCE SUBDIVISION, AS SUBDIVISION OF LOT 1A MINOR SUBDIVISION NO.
154A, LOCATED IN THE SW1/4 OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 6 EAST, P.M.M., CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA. (PLAT REFERENCE J-642)
SAID PUBLIC USE EASEMENT MORE PARTICULARLY DESCRIBED ASL FOLLOWS
Beginning at the Southernmost corner of Lot 1 and the easement herein described, being a point on the North right-of-way
of West Griffin Drive and the West right-of-way of Manley Road, said point of beginning; Thence, from said point of
beginning, N 36° 22' 51" W, 25.78 feet along the Southwest line of Lot 1; Thence, N 52° 09' 33" E, 19.53 feet to the West
right-of-way of Manley Road; Thence, S 00° 14' 39" W, 32.74 feet along the West right-of-way of Manley Road to the North
right-of-way of West Griffin Drive and the point of beginning, and containing 252 sq.ft., more or less,
AND
Beginning at the Southeast corner of the permit herein described, being a point on the West right-of-way of Manley Road,
from which point the Southernmost corner of Lot 1 bears S 00° 14' 39" W, 32.74 feet, said point of beginning; Thence, from
said point of beginning, S 52° 09' 33" W, 12.70 feet; Thence, N 00° 14' 39" E, 132.11 feet; Thence, S 89° 45' 21" E, 10.00 feet
to the West right-of-way of Manley Road; Thence, S 00° 14' 39" W, 124.27 feet along the West right-of-way of Manley Road
to the point of beginning, and containing 1,282 sq.ft., more or less
2201 IRON HORSE ROAD
BOZEMAN, MT 59715 (GALLATIN)
CITY OF BOZEMAN, A MUNICIPAL CORPORATION OF THE STATE OF MONTANA
PO BOX 1230
121 N ROUSE
Bozeman, MT 59771
GLEN LAKE HOLDINGS, LLC
P.O. Box 1201
Bozeman, MT 59771
1925 N. 22nd Avenue
Suite 102
Bozeman, MT 59718
(406) 587-7702
Sales Price:
Sale
Seller(s):
Type:
M-32102
$6,100.00
6/1/2022
5/10/2022 1:28:58 PM
Disbursement Date:6/1/2022
Description DebitP.O.C.Credit
Deposits, Credits, Debits
$6,100.00Sale Price of Property
Title Charges
Title - Lender's coverage Premium $0.00 to Montana Title & Escrow, Inc.
$175.00Title - Owner's Title Insurance $6,100.00 Premium $175.00 to Montana Title & Escrow, Inc.
$1,000.00Title - Settlement or closing fee $1,000.00 to Montana Title & Escrow, Inc.
$110.00Title - Additional Title Work Charges to Montana Title & Escrow, Inc.
$8.50Title - E-Recording Service Fee to MLHC Recording Account
Government Recording and Transfer Charges
$32.00RECORDING TEMPORARY CONSTRUCTION PERMIT to MLHC Recording Account $32.00
$32.00RECORDING PUBLIC USE EASEMENT to MLHC Recording Account $32.00
Totals $7,457.50 $0.00
$7,457.50Balance Due FROM Buyer:
APPROVED AND ACCEPTED
BUYER(S)
________________________________________________________________CITY OF BOZEMAN, A MONTANA MUNICIPAL CORPORATION
By:_____________________________________________
Jeff Mihelich, City Manage
By:_____________________________________________ Mike Maas, City Clerk
SETTLEMENT COORDINATOR
________________________________________________________________
Candace Elser
1 of 1File Number:M-32102
57
Memorandum
REPORT TO:City Commission
FROM:Jill Miller, Water Treatment Plant Superintendent
John Alston, Utilities Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Corrpro (Aegion) for Annual Inspection of the Hilltop Tank Cathodic
Protection System
MEETING DATE:May 17, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to execute the Professional Services Agreement
with Corrpro (Aegion) for annual inspection of the Hilltop Tank Cathodic
Protection System.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:In 2007, the 2 million gallon Hilltop Tank located on Kenyon Drive was
drained, interior repaired and repainted, and a cathodic protection system
was installed by Corrpro (Aegion). Since then, the cathodic protection
system has been inspected annually by Corpro. The inspection generally
occurs between June and August depending on the company's schedule. This
includes Tank-to-Water potential profile, Electrical Measurements on anode
and reference cells, inspection of the controls, meters, contacts, and wiring;
adjust system as needed, and submitting a report.
Starting in 2019 a new contract was drawn up and agreed upon by both
parties' legal departments.
UNRESOLVED ISSUES:None
ALTERNATIVES:Forgo annual inspection.
FISCAL EFFECTS:the inspection is budgeted for annually in the WTP Operating budget. The
cost of the inspection is $955.
Attachments:
PSA with Corrpro 2022 and exhibit final.pdf
Report compiled on: May 4, 2022
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Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2022 – FY 2023
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 1st day of June, 2022 (“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, Corrpro Companies, Inc., 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 Plan “C” Service as described in and 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 31st day of May, 2023, unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will conduct an inspection of the cathodic protection
corrosion control equipment of the hilltop tank at the Bozeman Water Treatment Plant and provide
the services in accordance with the requirements of the Scope of Services as described in Plan “C”
Service of Exhibit A. For conflicts between this Agreement and the terms in Exhibit A, unless
specifically provided otherwise, the terms of this Agreement govern, including but not limited to
Section 7.
4. Payment: City agrees to pay Contractor $955.00 for the services described in Exhibit
A. 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 $955.00. The City must agree in writing upon any additional
charges. Unless otherwise set forth in the Agreement, payments are due to Contractor from the City
within thirty (30) days receipt of invoice and payable in U.S. Dollars. In the event City does not pay
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in accordance with the terms of this Agreement, Contractor shall have the right to terminate the
Agreement and City shall pay all collection costs incurred by Contractor, including attorneys’ fees.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants for one (1) year from completion date, 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
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specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, within the limits of its insurance, 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, within the limits of its insurance in this Agreement,
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 reasonable
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 and within the
limits of its insurance in this Agreement, Contractor agrees to indemnify and hold the City harmless
against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney
fees, to the extent caused by the negligence or willful misconduct of the Contractor or Contractor’s
agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s)
which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
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Should any indemnitee described herein be required to bring an action against the Contractor
to assert its right to defense or indemnification under this Agreement or under the Contractor’s
applicable insurance policies required below, the indemnitee shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court
of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was
obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against 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 his own
fraud, for willful injury to the person or property of another, or for violation of law, whether willful
or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in 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.
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The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a primary non-
contributory basis on the Commercial General and Automobile Liability policies. The insurance and
required endorsements must be in a form suitable to City and carrier will provide cancellation notice
in accordance with policy provisions. The City must approve all insurance coverage and
endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2)
business days of Contractor’s receipt of notice that any required insurance coverage will be terminated
or Contractor’s decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
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
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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 each party 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 against the other.
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:
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a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Jill Miller, Water Treatment Plant Superintendent or such other individual
as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or authorizations shall
be issued only by such Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, Contractor may direct its communication or submission
to other designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Raychell Whitlow-Long or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
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,
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gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term
of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and
Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any
violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of
such finding for violations occurring during the term of this Agreement. Contractor shall require these
nondiscrimination terms of its subcontractors providing services under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
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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 City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
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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. 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.
30. Integration: This Agreement and the Scope of Services specifically described as in
Exhibit A attached hereto constitute the entire agreement of the parties. The following language in
Exhibit A is specifically excluded from this Agreement and nonbinding on the parties: “Corrpro’s
total liability to Client shall not exceed the amount of compensation actually paid for the services,
products, or materials giving rise to the claim. Client and Corrpro waive all rights against each other
and any of their subcontractors, agents, and employees for all loss or damage to property or its loss
of use.” 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.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
69
70
71
xxx72
Memorandum
REPORT TO:City Commission
FROM:Marcy Yeykal, Public Works Office Manager
John Vandelinder, Streets Superintendent
SUBJECT:Authorize the City Manager to Sign an Addendum to the Professional
Services Agreement with Clean Slate Group, LLC for Graffiti Removal Services
MEETING DATE:May 17, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign an addendum to the Professional
Services Agreement with Clean Slate Group, LLC for Graffiti Removal
Services.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The Public Works Department (PWD) requires professional services to
remove graffiti from City of Bozeman buildings, signs, and equipment. In
addition, in an effort to prevent graffiti, the PWD works with Clean Slate
Group (CSG) to wrap signal boxes with graffiti resistant, artistic coatings.
Timely and consistent removal of graffiti improves community aesthetics
and contributes to Bozeman’s friendly, welcoming environment. We are
seeing an increase in graffiti in Bozeman so renewing this contract with CSG
will help us maintain that atmosphere.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Funds are allocated annually in the approved Public Works Administration
budget for graffiti removal and in the Street Maintenance budget for the
signal box wrapping.
Attachments:
First Addendum for Clean Slate Group
21- Professional Services Agreement - Clean Slate Group, LLC
- Grafiti Abatement Services
Report compiled on: May 2, 2022
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First Addendum to Professional Services Agreement for Public Works Department Graffiti Removal Services Page 1 of 2
FIRST ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT is made
and entered into this _____ day of ____________, 2022, 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,” Clean
Slate Group, LLC, 34 Outlier Way, Bozeman, MT 59718, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Extension of Term. Section 31 of the Professional Services Agreement between the City
and Contractor dated May 25, 2021 (the Agreement) is extended for an additional one (one)
year period. The Agreement shall terminate on June 1, 2023.
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA CONTRACTOR (Clean Slate Group, LLC)
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name: Ryan Rickert
Title: President
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APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 25th day of May, 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, Clean Slate Group, LLC, with a mailing address of 34 Outlier
Way, Bozeman, MT 59718, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 1st 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
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Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
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defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
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in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
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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.
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.
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c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
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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 John Van Delinder, Street Superintendent or such other individual as City
shall designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall be
directed to the City’s Representative and approvals or authorizations shall be issued only by
such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may receive
approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Ryan Rickert 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
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hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
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15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
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attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
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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 five (5) years.
**** 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 CLEAN SLATE GROUP, LLC
By________________________________ By__________________________________
Jeff Mihelich, City Manager Ryan Rickert, President
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Exhibit A: Scope of Services
• Removal of all graffiti within the public right-of-way as discovered or reported.
• Removal of all graffiti from private property as allowed by the property owner.
• Work with the City to establish protocol for the graffiti abatement program.
• Work with the City to document all instances of graffiti.
• Install vinyl wrap graffiti prevention as requested by the City.
• Use eco-friendly suite of graffiti abatement solutions:
o Graffiti Removal Chemicals
o Pressure Equipment
o Vinyl Wrap Graffiti Prevention
o Paint cover up (last resort)
• Create or utilize a well-organized graffiti management system for reporting and
documenting graffiti.
Other services that may be required:
• Development of a secure web portal for City employees to log and report graffiti.
• Setup and monitoring of a graffiti removal hotline for City employees to report instances of
graffiti around town.
• Worth with the City to document all instances of graffiti around town in a web-based
platform, to give both the vendor and city visibility to the backlog and current project
reporting.
Exhibit B: Pricing
• Graffiti removal/abatement will be bill at $75 per hour, ½ hour minimum per effort,
rounded up to the nearest ¼ hour. *This was created so there was no start/stop or transit
being billed.
• Graffiti removal materials are billed at cost plus 15%.
• Anti-graffiti cabinet or other surface wraps will be billed at $8/sqft + labor
o COB uses a select view cabinet types and although they range in size, Bozeman’s
cabinets fall between $675 - $875 per cabinet wrap, depending on the cabinet size.
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Memorandum
REPORT TO:City Commission
FROM:Josh Waldo, Fire Chief
SUBJECT:
Ordinance 2107 Final Adoption Authorizing Fire Chief to Issue Burn Ban
When Necessary
MEETING DATE:May 17, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:City Commission move to adopt Ordinance 2107, granting authority to the
Bozeman Fire Chief to issue burn bans as needed.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:
Currently the City of Bozeman allows open burning under Section 18 Article
4 of the Bozeman Municipal Code. Examples of open burning in Bozeman
would include burning of materials such as small limbs, leaves, and other
natural products. As part of the opening burning process, permits are
required from March 1 through November 30. For small recreational fires
that are less than 36” in diameter a permit is not required and these fires
may occur year round regardless of open burning status. The Fire
Department has the ability to not issue open burning permits when it feels
that open burning may create a fire safety concerns due to weather,
drought, or climate conditions within the city. When the Fire Department
makes the decision to close open burning, it only closes burning for fires that
would normally require a permit. When open burning is closed, small
recreational fires are allowed to continue along with the use of fire pits,
chimineas, charcoal grills, fireworks and any other open flame device.
A burn ban differs from closing of opening burning as it prohibits any burning
or use of open flame that is not controlled by a shut off device. The
implementation of a burn ban often accompanies weather conditions that
would support high fire danger in a community. As weather conditions
change rapidly it is important that the City maintain the flexibility to institute
a burn ban quickly when weather and fire conditions warrant such actions.
Today the implementation of a burn ban that exceeds closing open burning
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requires that the request to enact a burn ban be placed on a city commission
agenda for approval, as no specific authority has been delegated to the Fire
Chief. In order to meet proper public noticing requirements this could mean
the implementation of a burn ban could take up to 10 days. As previously
stated, the City’s ability to maintain flexibility to adjust and respond to
rapidly changing weather and fire conditions is critically important. The
adjustments outlined in Ordinance 2107 would amend the Bozeman
Municipal Code to give the Fire Chief the authority to implement a burn ban
immediately without future implementation actions based on current
weather and fire conditions.
The Fire Chief would ensure that notification to the City Manager and City
Commission is made anytime a burn ban was implemented or rescinded and
work with staff to effectively communicate any burn ban to the citizens of
Bozeman
City Commission provisional adopted this ordinance at its May 3, 2022
meeting.
UNRESOLVED ISSUES:None at this time
ALTERNATIVES:As suggested by City Commission
FISCAL EFFECTS:None
Attachments:
ORDINANCE 2107 Burn Ban.pdf
Report compiled on: May 4, 2022
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Ord 2107
Page 1 of 4
ORDINANCE 2107
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA GRANTING AUTHORITY TO THE FIRE CHIEF OF THE CITY OF
BOZEMAN TO ISSUE BURN BANS WITHIN THE CITY LIMITS WHEN NECESSARY.
WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to establish programs and laws to protect the public health, safety and welfare of
the citizens of Bozeman; and
WHEREAS, pursuant to its Montana Code Annotated Section 7-33-4206, a city or town
has the power to regulate or prohibit the building of bonfires or the use of fireworks within the
city; and
WHEREAS, pursuant to Bozeman Municipal Code Section 2.04.300, the fire chief is
the executive head of the fire department; and
WHEREAS, pursuant to Bozeman Municipal Code Section 18.04.080, no fire shall be
set if wind or weather conditions make it hazardous to burn; open burning permits may be
temporarily suspended due to weather conditions; and the fire chief may close or restrict open
burning when necessary; and
WHEREAS, the City Commission finds a legitimate governmental interest to protect
the general health, safety and welfare of the citizens of Bozeman in providing the fire chief the
authority to close all types of burning including fireworks when climate conditions including
but not limited to, drought, weather forecast and available fire resources are such that any
burning could endanger the safety of life and property.
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Ordinance No. 2107, Authority for Fire Chief to Issue Burn Ban.
Page 2 of 4
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Chapter 18 of the Bozeman Municipal Code shall be amended as follows and any
sections not amended herein shall remain in effect:
Article 1 – In General
Section 18.01.010 – Fire Chief Authority
Notwithstanding any other provisions of this Chapter and the authority granted in Sec. 2.04.300,
the fire chief is authorized to issue a burn ban and may prohibit all fires and burning of
combustibles including but not limited to all open burning, fire pits, chimineas, charcoal grills, and
fireworks within the city limits. In determining to implement a burn ban, the fire chief may
consider, among others, current climate conditions including drought, weather forecast, and
available fire resources. Any burn ban issued by the fire chief may take immediate effect without
further implementing actions and will remain in effect until rescinded by the fire chief.
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
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decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
The provisions of Section 1 this Ordinance shall be codified in Chapter 18, Article 1 of the
Bozeman Municipal Code, entitled Fire Prevention and Protection: In General. Bozeman
Municipal Code shall be amended to include new Section 18.01.010, as set forth in Section 1 of
this Ordinance.
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 3rd day of May, 2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is __________, __, 2022.
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_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
93
Memorandum
REPORT TO:City Commission
FROM:Tanya Andreasen, Community Engagement Manager
SUBJECT:One Valley Community Foundation's A Seat at the Table
MEETING DATE:May 17, 2022
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:No action necessary
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:Tanya Andreasen from One Valley Community Foundation will present
outcomes from the county-wide community engagement initiative called A
Seat at the Table, held last fall. A Seat at the Table 2021 focused community
conversations and data gathering on housing affordability and attainability
for those who work, live, and do business in Gallatin County. Outcomes are
meant to communicate lived experiences of participants and their ideas
about housing solutions to decision-makers and funders. The outcomes
report and other project information are available at
onevalley.org/regionalhousing.
UNRESOLVED ISSUES:None
ALTERNATIVES:N/A
FISCAL EFFECTS:None
Report compiled on: May 12, 2022
94
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Rachel Harlow-Schalk, Interim Finance Director
SUBJECT:Resolution 5381 Creation of Special Improvement Lighting District 771,
Bozeman CoHousing
MEETING DATE:May 17, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5381 / Creation of Special Improvement
Lighting District #771, Bozeman CoHousing
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 Commission did on April 12, 2022 adopt Commission Superseding
Resolution No. 5395 / Intent to Create Special Improvement Lighting District
#771, Bozeman CoHousing as per MCA 7-12-4301. The property owner has
been noticed of
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated
power bills and schedule system maintenance. We will recover these costs
by billing property owners each year on their City Assessment bill. It is
estimated to cost $26.41 per acre within the district or $139.68 annually for
the entire district, or on an average size lot of 230,737 square feet the
annual estimated cost would be $139.68, which is payable semiannually.
Attachments:
Resolution 5381-Creation of SILD 771.doc
Report compiled on: April 3, 2022
95
Page 1 of 4
RESOLUTION 5381
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 771 BOZEMAN COHOUSING
CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING
IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY
THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”), as follows:
Section 1
Passage of Resolution of Intention. This Commission, on April12, 2022, adopted Superseding
Resolution No. 5395 (the “Resolution of Intention”), pursuant to which this Commission declared its
intention to create a special lighting district, designated as Special Lighting District No. 771
(BOZEMAN COHOUSING of the City (the “District”), under Montana Code Annotated, Title 7,
Chapter 12, Part 43, as amended (the “Act”), for the purpose of financing costs of certain local
improvements described generally therein (the “Improvements”) and paying costs incidental thereto,
including costs associated with the creation and administration of the District.
Section 2
Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published,
posted and mailed in all respects in accordance with law, and on May 2, 2022, this Commission
conducted a public hearing on the creation of the District and the making ofthe Improvements. The
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meeting of this Commission at which this resolution was adopted is the first regular meeting of the
Commission following the expiration of the period ended 15 days after the first date of publication of
the notice of passage of the Resolution of Intention (the “Protest Period”).
Section 3
Protests. Within the Protest Period, no protests were filed with the City Clerk.
Section 4
Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and
conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings
and determinations made in the Resolution of Intention are hereby ratified and confirmed.
Section 5
Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all
necessary schedules and resolutions for the levying of assessments in the District necessary to
finance the Improvements and present such resolution to this Commission for adoption in
conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October.
The City Clerk is authorized to provide notice of the resolution of assessment and schedule
a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and
upon final passage of such resolution deliver it to the City Treasurer.
Section 6
Lighting District Fund Established. There is hereby created a fund to be known as the Special
Lighting District No. 771 Fund (the “Fund”). All money derived from the collection of the
assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to
pay costs of the Improvements.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 2
nd day of May, 2022.
___________________________________
CYNTHIA ANDRUS
Mayor
ATTEST:
________________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5381 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 771 (BOZEMAN
COHOUSING); CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING
LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE
AND ENERGY THEREFOR TO BENEFITTEDPROPERTY BYTHE LEVY OF SPECIAL
ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody;
that the Resolution was duly adopted by the City Commission of the City at a meeting on May 2,
2022 and that the meeting was duly held by the City Commission and was attended throughout by a
quorum, pursuant to call and notice of such meeting given as required by law; and that the
Resolution has not as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof:______________________________________
_______________________________ ; voted against the same: _________________________;
abstained from voting thereon: ________________ ; or were absent:__________________.
WITNESS my hand officially this 2nd day of May, 2022.
___________________________________
MIKE MAAS
City Clerk
99
Memorandum
REPORT TO:City Commission
FROM:Jessica Ahlstrom, Water Conservation Program Manager
John Alston, Director of Utilities
SUBJECT:Ordinance 2110 Final Adoption Amending the City's Outdoor Water Use
Restrictions by Establishing Permanent Restrictions on Time of Day and Day
of the Week and Creating Exemptions from Said Restrictions, Establishing
the City's Drought Contingency Response, Including Authorizing the City
Manager to Declare a Drought, Providing for Drought Surcharge Rates During
a Drought, and Establishing Standards for Use of City Utility Water During a
Declared Drought
MEETING DATE:May 17, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:I move to adopt Ordinance 2110.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:
At the May 3, 2022 City Commission meeting , after careful consideration of
staff recommendations, the City Commission provisionally adopted
Ordinance 2110, which establishes permanent outdoor water use
restrictions and the City’s drought contingency response.
During the May 3rd, 2022 City Commission meeting, Commissioner Coburn
moved to amend the permanent outdoor water use restrictions, which are
found in proposed BMC 40.02.1290.B.2 and BMC 40.02.1290.B3. These
provisions state that the outdoor watering of landscapes with the use of
spray irrigation is prohibited seven (7) days a week between the hours of
10:00am and 8:00pm, and that for the purposes of identifying the allowable
watering window associated with the allowable watering day and times of
day, the watering window begins at 8pm on the day prior to the allowable
watering day, and ends at 10am on the allowable watering day.
Commissioner Coburn’s amendment revised the time of day watering
restrictions. The City Commission unanimously passed this amendment. This
amendment is reflected in the attached Ordinance 2110, and is summarized
as follows:
BMC 40.02.1290.B.2 was amended to: Time of day watering
100
prohibition. The outdoor watering of landscapes with the use of spray
irrigation is prohibited seven (7) days a week between the hours of
10:00am and 11:59pm.
BMC 40.02.1290.B.3 was amended to: Watering window. For the
purposes of identifying the allowable watering window associated
with the allowable watering day and times of day, the watering
window begins at 12am and ends at 10am on the allowable watering
day.
In addition to the amendments outlined above, city staff identified minor,
legislative drafting errors that are clerical and ministerial, and are not
substantive. For clarity and accuracy purposes, city staff recommend the
following changes be made to Ordinance 2110:
BMC 40.02.1250.A: A reliable minimum supply of water is essential to
the public health, safety and welfare of the people and the economy
of the City of Bozeman.
BMC 40.02.1290.C.1: Outdoor watering of trees, drought tolerant
ornamental perennials, shrubs, flowers and food gardens only when
watered with the use of a hose equipped with positive shut-off nozzle
or device, hand-held bucket or similar container, slow release
watering bag, or landscape irrigation system that exclusively uses low-
volume drip irrigation.
BMC 40.02.1300.B.2: A drought declaration may necessitate that the
city manager implement additional water use restrictions not listed in
40.02.1290. These drought restrictions may vary based upon drought
severity and other pertinent circumstances. Any additional water use
restriction must consider the response measures outlined in the city’s
Drought Management Plan.
BMC 40.02.1300.G.3: A drought declaration may warrant the
implementation of drought restrictions that require additional
curtailments of outdoor water uses beyond those identified in this
division. All additional curtailments must consider the city’s Drought
Management Plan.
The adoption of the attached Ordinance 2110 will assist the City in ensuring
adequate, reliable future water supplies are available for growth and
purposes essential to public health, safety, and welfare.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission
FISCAL EFFECTS:None
Attachments:
Ordinance 2110_FINAL.pdf
101
Report compiled on: May 5, 2022
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Ord 2100
Page 1 of 11
ORDINANCE 2110
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY’S OUTDOOR WATER USE RESTRICTIONS BY
ESTABLISHING PERMANENT RESTRICTIONS ON TIMES OF DAY AND DAY OF
THE WEEK AND CREATING EXEMPTIONS FROM SAID RESTRICTIONS,
ESTABLISHING THE CITY’S DROUGHT CONTINGENCY RESPONSE, INCLUDING
AUTHORIZING THE CITY MANAGER TO DECLARE A DROUGHT, PROVIDING
FOR DROUGHT SURCHARGE RATES DURING A DROUGHT, AND ESTABLISHING
STANDARDS FOR USE OF CITY UTILITY WATER DURING A DECLARED
DROUGHT.
WHEREAS, Mon. Const. Art. IX, Sec. 3 declares the use of all water, including “the sites
for reservoirs necessary for collecting and storing water shall be held to be a public use” for the
people of Montana and that such water is “subject to appropriation for beneficial uses as provided
by law”; and
WHEREAS, pursuant to Mont. Code Ann. § 7-13-4402 (2021), the City of Bozeman “has
power to adopt, enter into, and carry out means for securing a supply of water for the use” of the
city or its citizens; and
WHEREAS, the City is a local government with self-governing powers and its City
Commission has the power to adopt or amend the Bozeman Municipal Code; and
WHEREAS, the City has an interest in protecting the availability of water from the City’s
water utility by managing its use; and
WHEREAS, Bozeman is a semi-arid, headwaters community dependent on limited water
supplies that are subject to impacts from drought. Drought events, population growth, and
impacts of climate change on water supply yields, make Bozeman highly-susceptible to water
supply reliability challenges; and
WHEREAS, drought is part of the City of Bozeman’s history; and
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WHEREAS, on December 21, 2021, the City Commission adopted Resolution 5368 which
established the Commission’s priority of promoting water conservation for 2022 and 2023; and
WHEREAS, irrigation water use for lawns and landscapes represents approximately fifty
percent of total city water demand during summer months; and
WHEREAS, permanent outdoor watering restrictions are a necessary and effective tool
for reducing excessive outdoor water usage while maintaining landscape health; and
WHEREAS, the City Commission is committed to drought preparedness pursuant to the
Drought Management Plan (Plan) adopted by Resolution 4728 by the City Commission on January
9, 2017; and
WHEREAS, on May 3, 2022, the City Commission passed Resolution 5398 and adopted
the City’s 2022 Drought Management Plan;
WHEREAS, the Plan provides the City tools to continuously assess and evaluate drought
factors, guidelines about how to proactively implement drought mitigation and response actions,
and strategic responses specific to each of the four stages of drought; and
WHEREAS, the City has a legitimate interest in protecting the City’s water supply as
drought severity increases to preserve the City’s available water supply for those purposes essential
to public health, safety, and welfare; and
WHEREAS, Bozeman Municipal Code Chapter 40, Division 4, provides the authority for
the City Manager to implement outdoor water use restrictions.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Chapter 40, Article 2, Division 4 of the Bozeman Municipal Code be re-named as follows:
DIVISION 4. – OUTDOOR WATER USE RESTRICTIONS AND DROUGHT
CONTINGENCY RESPONSE
Section 2
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That Sec. 40.02.1250, “Definitions,” will be re-named and amended as follows:
Sec. 40.02.1250. Definitions. -Findings.
A. For the purposes of this division, the following terms, phrases, words, and their derivations
shall have the meaning given herein.
1. "Outdoor use" means the use of water, excepting water which has been used indoors and
is being recycled for outdoor use, for:
a. Sprinkling or irrigating gardens, lawns or other outdoor vegetation;
b. Washing automobiles, trucks, or other mobile equipment except at places of business
where such are washed on every business day either with attendants, with automatic
equipment or by self-service;
c. Washing sidewalks, driveways, outside building walls or other outdoor surfaces;
d. Washing any business or industrial equipment machinery;
e. Operating any ornamental fountain or other similar structure not employing a
recirculating system;
f. Swimming and wading pools not employing a filter and recirculating system;
g. Leakage or other escape outdoors through defective plumbing when a person has
knowingly permitted the defective plumbing to remain in disrepair;
h. Settling back-fill around foundations, pipes, etc.; and
i. Other outdoor uses except use for fire protection.
2. "Water" means water from the city's water service utility.
A reliable minimum supply of water is essential to the public health, safety and welfare of
the people and the economy of the City of Bozeman.
B. Bozeman is a semi-arid, headwaters community dependent on limited water supplies that are
driven by snowpack and subject to impacts from drought. Drought events, population growth,
and impacts of climate change on water supply yields, make Bozeman highly-susceptible to
water supply reliability challenges.
C. Responsible water management requires active conservation measures not only in times of
drought but at all times.
D. A reliable minimum supply of water is essential to meet current and future water supply
needs.
Section 3
That Sec. 40.02.1260, “Application of restrictions,” will be re-named and amended as follows:
Sec. 40.02.1260. Application of restrictions. -Purpose and intent.
A. The provisions of this division or any restriction or prohibition in force pursuant thereto
shall apply as follows:
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1. To all persons using water both in and outside the city, and regardless of whether
any person using water shall have a contract for water service with the city; or
2. To persons contracting for water service at a location who shall be responsible and
strictly liable for all water use at that location.
To minimize or avoid the effect and hardship of potential water supply shortages to the
greatest extent possible, this division establishes the means and authority to:
1. Implement the City of Bozeman’s Drought Management Plan;
2. Reduce water consumption long-term through permanent, outdoor water use restrictions,
and short-term through additional water demand mitigation actions;
3. Enable effective water supply reliability planning;
4. Assure reasonable and beneficial use of water;
5. Ensure adequate supplies of water are available for essential uses during times of water
shortage; and
6. Prevent waste of water and ensure water use efficiency.
Section 4
That Section 40.02.1270, “Authority to restrict outdoor use of water,” will be re-named and
amended as follows:
Sec. 40.02.1270. -Authority to restrict outdoor use of water. -Definitions.
The director of public works is, with the concurrence of the city manager, authorized,
directed and empowered, whenever in the director's opinion the necessities of the situation demand
such action, to restrict or wholly prohibit the outdoor use of the water supply of the water service
utility.
A. For the purposes of this division only, the following terms, phrases, words, and their derivations
shall have the meaning given herein.
1. “Drought restriction” means a required curtailment of specific water uses enacted due to a
drought declaration.
2. "Water" means water from the city's water service utility. “Essential use” means the use of
water necessary for firefighting, health, welfare and safety; water needed to sustain basic
human, aquatic and animal life; and water necessary to satisfy federal, State, and local laws for
the protection of public health, sanitation and safety.
3. “Excessive water use” means use that is not considered reasonable, prudent, or a wise use
of water for an authorized purpose.
4. “Landscape” means an area with vegetative groundcover or other natural living plant
materials including but not limited to: grass, turf, trees, ornamental perennials, shrubs,
perennial flowers, annual flowers, food gardens, and surrounding landscape design elements
such as rock mulch and wood mulch.
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5. “Low volume drip irrigation” means the application of irrigation water at low pressure
through a system of tubing or lateral lines and low volume emitters such as drip, drip lines, and
bubblers.
6. “Non-essential use” means the use of water not for essential use, which may be curtailed
during times of shortage without compromising public health, sanitation, welfare and safety.
7. “Outdoor water use” means the use of water, excluding water which has been used indoors
and is being recycled for outdoor use, for:
a. Sprinkling or irrigating gardens, lawns or other outdoor vegetation;
b. Washing motorized and non-motorized vehicles, including but not limited to
automobiles, trucks, vans, buses, motorcycles, boats, bikes and trailers;
c. Washing sidewalks, walkways, driveways, parking areas, outside building walls, patios,
alleys or other outdoor surfaces;
d. Washing any business or industrial equipment machinery;
e. Operating any ornamental fountain or other similar structure not employing a
recirculating system; and
f. Filling swimming pools, wading pools, hot tubs and spas not employing a filter and
recirculating system.
8. “Spray irrigation” means the act of applying water to landscape by sprinklers or spray
nozzles that deliver water to the landscape through the air.
9. “Turf” means grass and the surface layer of earth held together by its roots, including but
not limited to cool season lawn grasses.
10. “Water” means water from the city's water service utility.
11. “Water waste” means the intentional or unintentional excessive use of water; allowing
water to be applied in any manner, rate or quantity such that the runoff from the landscaped
area being watered is allowed to pool or flow across the ground, into any drainage way, or onto
any impervious surface; water that has escaped or run to waste; and the escape of water through
defective plumbing, breaks, leaks, or malfunctions in the plumbing or irrigation system.
12. “Watering window” means the period, timeframe, or continuous hours of the day(s) in
which outdoor watering is permitted.
Section 5
That Section 40.02.1280, “Restriction of particular indoor uses,” will be re-named and amended
as follows:
Sec. 40.02.1280. - Restriction of particular indoor uses. -Application of restrictions division.
Whenever outdoor use restrictions are in effect, business establishments which serve
beverages for human consumption shall be prohibited from serving water except upon request.
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A. The provisions of this division or any restriction or prohibition in force pursuant thereto shall
apply as follows:
1. To all persons using water both in and outside the city, and regardless of whether any person
using water shall have a contract for water service with the city; or
2. To persons contracting for water service at a location who shall be responsible and strictly
liable for all water use at that location.
B. This division is intended to ensure an adequate and reliable water supply for essential uses,
ensure the public’s health safety during times of water shortage, and to further the beneficial use
and conservation of water.
Section 6
That Section 40.02.1290, “Sprinkling systems; timing” will be re-named and amended as follows:
Sec. 40.02.1290. Sprinkling systems; timing. -Outdoor water use restrictions.
Whenever outdoor use restrictions are in effect, the director of public works may set alternative
time restrictions for the use of large scale sprinkling systems or those which are equipped with a
timing device.
A. Authority to restrict outdoor use of water. The city manager is authorized and empowered,
whenever the situation demands, to restrict or wholly prohibit outdoor water use of the city’s
water service utility. This includes the power to approve exemptions and relaxations to outdoor
water use restrictions. Except for the restrictions in 40.02.1290.B, any restriction imposed by
order of the city manager shall become effective at midnight immediately following notice
posted and available on the city’s website.
B. Outdoor water use restrictions. Notwithstanding the city manager’s authority in
40.02.1290.A, the following restrictions apply to all property using water from the city’s water
utility:
1. Permanent time of day and day of week watering restrictions. Outdoor watering of
landscapes with the use of spray irrigation shall be limited to an assigned three (3) days per
week watering schedule as follows:
a. Properties with even numbered physical addresses: Tuesday, Thursday, and Saturday;
b. Properties with odd numbered physical addresses: Wednesday, Friday, and Sunday;
and
c. Public parks, private open spaces, street right-of-ways: Monday, Wednesday, and
Friday.
2. Time of day watering prohibition. The outdoor watering of landscapes with the use of
spray irrigation is prohibited seven (7) days a week between the hours of 10:00am and
11:59pm.
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3. Watering window. For the purposes of identifying the allowable watering window
associated with the allowable watering day and times of day, the watering window begins at
12am and ends at 10am on the allowable watering day. The allowable watering day refers to
a calendar day (12:00am – 11:59pm).
4. Water waste prohibited. Outdoor water use that results in water escaping or running to
waste, excessive use, and the escape of water through breaks, leaks, or malfunctions in the
plumbing or irrigation system is prohibited.
C. Exemptions to outdoor water use restrictions. The following activities are exempt from the
requirements of 40.02.1290.B:
1. Outdoor watering of trees, drought tolerant ornamental perennials, shrubs, flowers and
food gardens only when watered with the use of a hose equipped with positive shut-off
nozzle or device, hand-held bucket or similar container, slow release watering bag, or
landscape irrigation system that exclusively uses low-volume drip irrigation.
2. Turf establishment. Watering, for the sole purpose of turf establishment, is permitted for
up to 45 days upon the installation of new turf from sod or seed.
3. Irrigation system maintenance. Water use associated with irrigation system operation for
the purposes of installation, repair, adjustments, performance assessments, and other related
maintenance issues provided that the system is attended to throughout the period of
operation.
D. Special circumstances. The city manager may establish standards for the exemption or
relaxation of the restrictions in this division. When reasonable cause exists, the city manager
may grant an exemption or relaxation for special circumstances not described in this division,
including but not limited to the use of new irrigation technology, and preservation of turf
subject to heavy public use. The city manager must maintain a list of approved exemptions and
relaxations to requirements in this section.
Section 7
That Section 40.02.1300, “Landscaping; seeding; sodding; planting” will be re-named and
amended as follows:
Sec. 40.02.1300. Landscaping; seeding; sodding; planting. -Drought contingency response.
While it is not the intent of this division to place restrictions on the normal conduct
of business, whenever outdoor use restrictions are in effect, the director of public works may
restrict or wholly prohibit the seeding, sodding or planting of live vegetation.
A. Authority to enact a drought declaration. The city manager is, upon notification
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to the city commission, authorized to order a drought declaration and corresponding water use
restrictions. This includes the power to approve exemptions and relaxations to enacted water use
restrictions.
B. Drought restriction and response measure implementation.
1. Response measures must substantially protect the City’s water supply as drought severity
increases or water supply availability decreases, in order to preserve the City’s available
water supply for purposes essential to public health, sanitation, safety, welfare and essential
services including but not limited to police and fire services.
2. A drought declaration may necessitate that the city manager implement additional water
use restrictions not listed in 40.02.1290. These drought restrictions may vary based upon
drought severity and other pertinent circumstances. Any additional water use restriction must
consider the response measures outlined in the city’s Drought Management Plan.
C. Drought surcharge rates.
1. Effective Date. Upon a drought declaration, drought surcharge rates provided for in the
effective water utility rate structure adopted by the city commission shall go into effect
pursuant to the drought stage, customer class, and water rate tier, as applicable.
2. Billing Cycle. Drought surcharge rates shall not go into effect prior to the effective date of
the declared drought, and shall be reflected in utility customer billing statements representing
water usage during the declared drought.
D. Water Superintendent Emergency Authority. Nothing in this division diminishes the
authority given to the water superintendent in 40.02.840 to prohibit or restrict water use during
an emergency.
E. Irrigation systems; timing. When drought restrictions are in effect, the city manager may set
alternative watering time and/or duration restrictions for the use of automatic irrigation systems
or those which are equipped with a timing device.
F. Landscaping; seeding; sodding; planting. When drought restrictions are in effect, the city
manager may restrict or wholly prohibit the seeding, sodding or planting of live vegetation.
Landscaping not installed for new development projects due to the implementation of this
section may be allowed an extended time to complete landscaping improvements of an additional
12 months to the timing provisions outlined in 38.270.060 for the purpose of receiving issuance
of a certificate of occupancy.
G. Restriction of certain outdoor uses when drought restrictions are in effect.
1. Hosing or washing down hard or paved surfaces.
a. When drought restrictions are in effect, hosing or washing down hard or paved
surfaces including, but not limited to, sidewalks, walkways, driveways, parking areas,
outside building walls, patios or alleys is prohibited.
b. When it is necessary to hose or wash down hard or paved surfaces for purposes
essential to protect public health, sanitation, safety, and welfare, the following devices may
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be used: hand-held bucket or similar container; hand-held hose equipped with a positive shut-
off nozzle or device; and low volume, high-pressure cleaning machine.
2. Hosing or washing down vehicles.
a. When drought restrictions are in effect, hosing or washing down motorized and non-
motorized vehicles, including but not limited to automobiles, trucks, vans, buses,
motorcycles, boats, bikes and trailers is prohibited.
b. The following devices are exempt from this restriction: use of hand-held bucket or
similar container; use of hand-held hose equipped with a positive shut-off nozzle or device;
and commercial car washing facility.
3. A drought declaration may warrant the implementation of drought restrictions that require
additional curtailments of outdoor water uses beyond those identified in this division. All
additional curtailments must consider the city’s Drought Management Plan.
H. Restriction of particular indoor uses when drought restrictions are in effect.
1. Water served only upon request. When drought restrictions are in effect, business
establishments are prohibited from serving complimentary water for human consumption
unless requested by a customer.
2. Option not to have towels/linens laundered. Whenever drought restrictions are in effect,
hotels, motels, and other commercial lodging establishments must provide guests the option
to decline having used towels and linens laundered daily. Such establishments must
prominently display notice of this option in each room using clear and easily understood
language.
Section 8
That Section 40.02.1310, “Notice required” will be re-named and amended as follows:
Sec. 40.02.1310. -Notice required. -Wasting water prohibited.
Restrictions or prohibitions imposed by the director of public works shall become effective at
midnight immediately following the publication of notice thereof in any daily newspaper
published in the city.
No person shall waste water which shall include but not be limited to permitting water to escape
or run to waste, excessive use, and escape of water through breaks, leaks, or malfunctions in the
plumbing or irrigation system.
Section 9
That Section 40.02.1320, “Wasting water prohibited,” will be appealed in its entirety.
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Section 10
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 11
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 12
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 13
Codification.
This Ordinance shall be codified as indicated in Sections 1 – 9.
Section 14
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 3rd day of May, 2022.
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____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is __________, __, 20__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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