HomeMy WebLinkAbout22- Professional Services Agreement - Logan Simpson - Gallatin Valley Sensitive Lands ProjectVersion 8 30 21
Professional Services Agreement for Gallatin Valley Sensitive Lands Protection Plan
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 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, Logan Simpson, 213 Linden Street, Fort Collins,
Colorado, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date, unless
earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in Exhibit B. Any
alteration or deviation from the described services that involves additional costs above the Agreement
amount will be performed by Contractor after written request by the City, and will become an
additional charge over and above the amount listed in the Scope of Services. The City must agree in
writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
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a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any type arise
or materialize which in turn cause any services to cease for any period of time, Contractor specifically
agrees to take immediate steps, at its own expense and without expectation of reimbursement from
City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall
take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all
costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit
the services to continue at no additional cost to City.
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Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
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In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
x Workers’ Compensation – statutory;
x Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
x Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
x Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
x Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
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notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
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this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Jon Henderson, Strategic Service Director 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
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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 Jeremy Call, Principal or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
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The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
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hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
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22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
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than June 30, 2024.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
_________
COCOCOCCOCOCOCOOOCOCOCCOCOCOCOCOCOCCOCOOCCOOOCOOON
______________________________________________________________________________________________________________By_
Pit
____________________________
PROJECT SCOPE OF WORK
JUNE 29, 2022
TASK 1 PUBLIC AND CONSTITUENT ENGAGEMENT
PROJECT MANAGEMENT COORDINATION
Upon contract commencement, Logan Simpson will coordinate with the City Project Management Staff to refine and
finalize the schedule and community engagement plan. At the virtual project management kickoff meeting, we will establish
bi-weekly to monthly coordination calls to be held virtually so everyone can put it on their calendars. We envision in-person
meetings during key milestones when planned during other meetings in Gallatin County. Logan Simpson will provide an
agenda in advance of all meetings, along with a summary following each meeting. The Logan Simpson team, of course,
will be available throughout the project via cell phone, office phone, and email.
PUBLIC ENGAGEMENT PLAN
Constituent community engagement will inform how the Sensitive Lands Plan prioritizes action to address interconnected
issues such as development, recreation, environmental justice/equity, human wildlife conflicts, and climate change.
We will outline the details of constituent community engagement and outreach in a consolidated Community Engagement
Plan (CEP). The CEP will outline the project description (including what it is and what it is not), key milestones for the
public, messaging, benefits of the planning process, as well as outreach tools and notification methods to be used throughout
the project. Development of the CEP will involve the City’s communication department.
Roles, decision-making authority, and make-up of the various project groups, including the project management and
leadership within the City and Gallatin County, as well as constituents and the public will be listed and defined. Knowing
the ultimate role of key partners early in the process will help the project be successful in the long run. We will right-size
the engagement strategies, meeting facilitation, schedule, and notifications for each group. We will outline the acceptance
process, with possible support and/or acceptance from other agencies/partners.
PROJECT WEBSITE
Logan Simpson will use ESRI’s ArcGIS Hub as the preferred community engagement platform. This project website
platform is capable of providing project updates and will allow the public to review, comment on, and even download (if
desired) the detailed GIS data and analysis required in this RFP. The project website will include a link to register to get
involved, a project timeline, project contacts, and additional resources. Additional details are described in Tasks 3-5. The
Engage Bozeman website may be considered as a complimentary tool for occasional/targeted engagement, to be determined
and supported by City staff.
CONSTITUENT ONE-ON-ONE INTERVIEWS
Our team will announce the initiation of this project and hold group and one-on-one interviews with key constituents. This
will include a discussion with various City and County staff and leadership, including but not limited to Boards and
Commissions, members of the Planning Coordination Committee, government officials, representatives from local
agriculture, indigenous leaders, real estate, developers, conservationists, wildlife biologists, citizens, and the Gallatin Valley
Sensitive Lands Working Group. Key questions will include: Who are we missing? What does success look like? What case
studies, literature sources, and/or best practices would you recommend? What data and narratives should we consider? And
what experts related to these data and narrative should we engage? And to inform the development of initial survey
questions, what are key values and tradeoffs to understand across the Valley?
We have begun early conversations with the Montana Natural Heritage Program and University of Montana’s Spatial
Analysis Lab to understand their data availability. In tandem with Task 2, we will meet with these research agencies to
understand the data history, limitations, and modeling scenarios completed to date. We have found that successful wildlife
Exhibit A
habitat models are built over a lifetime of understanding and partners. Working with these groups will ensure the data
reliability needed in this process.
WORKING GROUP & COUNTY COORDINATION
Following the initial round of group and one-on-one interviews, we will convene meetings with the Gallatin Valley Sensitive
Lands Working Group throughout the process. Two in-person and two virtual meetings are envisioned for a total of four
meetings. Meetings will involve worksessions to review materials and provide guiding direction prior to public review.
Meeting 1 – Review data collection and literature review and provide input on project goals
Meeting 2 – Review modeling methods
Meeting 3 – Review modeling results and provide input on preliminary recommendations
Meeting 4 – Provide input on recommendations
Beyond the Working Group meetings, Logan Simpson proposes additional coordination with the County. These meetings
will be specific to land use recommendations that would likely fall to the County to implement. Up to three additional
meetings are anticipated to occur virtually, unless in tandem with other trips to Gallatin County.
STATISTICALLY VALID SURVEY
Sensitive Lands hold a myriad of community values. The more the model aligns with community values, the more readily
the results will be accepted and effect the desired change. At the client group’s discretion, Logan Simpson will work with
Left Brain Concepts early in the process to develop a statistically valid mail survey with the option to respond electronically.
We will work with Bozeman to develop a 4- to 6-page survey that will be mailed to 3,500 residents across the Gallatin
Valley. We begin with an exhaustive list of households in the community - including individual units in multi-family
developments - and mail to a random sample of households. This has been the standard in sampling for decades; to be able
to defend the results with a sample size of 600-700 responses.
Responses would be held in an ASCII data file as numerically coded data. Answers to each question will be double-entered
to ensure accuracy. This is the industry standard in paper-and-pencil survey research and is the most accurate method of
recording information from surveys. We will capture people’s responses to any open-ended questions verbatim, will code
the responses and enter them into the data file. LBC will compile the results, produce percentages for each response, and
perform numerous data splits and statistical analyses using a powerful software package. Results will be spilt by jurisdiction
and length of time residency in the Valley.
PUBLIC ENGAGEMENT SERIES
Each public engagement phase below includes a distinct outcome-oriented outreach series with hands-on and high-tech
outreach methods tailored to the audience and desired outcomes. This process uses trust, credibility, and process to create
consensus. Each series will involve a public meeting in a centrally located area and opportunities to provide input online.
#1: Review of data and visioning
After initial literature review and data collection outlined in Tasks 2 and 3 below, we will reach out the broader public for
review of the data to ensure no further gaps remain and define the planning context. This series will also collect feedback
on the plan’s vision and goals based on the data and statistically valid results. We will collect information on the
community’s values to determine importance as we move into developing the model methods.
This phase could be paired with an online survey if the optional statistically valid survey is not completed.
#2: Review of modeling results and preliminary recommendations
After developing the modeling scenarios in Task 4 below, we will again review the data and mapping with the public and
begin initial development of preliminary recommendations. Meeting #2 will focus on the modeling results and preliminary
recommendations in an open house format. Attendees will help identify the sensitive land priorities.
#3: Draft Plan Review
Once recommendations are developed with the Working Group/Constituents in Task 5, the recommendations and plan will
be reviewed with the public.
Task 1 Meetings & Deliverables:
Staff Kickoff Meeting agenda, materials, facilitation, and summary
On-going biweekly project management coordination meetings, agenda, materials, facilitation, and summary
Draft and Final Community Engagement Plan
Group and one-on-one interview coordination, facilitation, and summary
Working Group meetings agendas, materials, facilitation, and notes. Zoom logistics for virtual meetings
Public meeting plans, notifications, website updates, materials, facilitation, and summary for each community engagement
series.
Statistically Valid Survey development, notification, data compilation, and report
Task 1 City Roles:
Review/approve the above deliverables. Provide consolidated comments.
Communication and coordination with the Working Group and reserve meeting locations, notify meetings, and provide
refreshments.
Provide access to Bozeman Enterprise GIS Account (no fee included for additional purchases).
Public meeting space reservations, food, distribute public meeting notifications, and staffing assistance at meetings.
Communication and coordination with City and regional elected/appointed officials.
TASK 2 LITERATURE REVIEW
DEFINE STUDY AREA & PRELIMINARY OUTLINE
An important decision early in the process will be definition of the “Gallatin Valley” study area. We will start with the map
below, which is generally defined as within the watershed between the Bridger Mountains, start of Gallatin Canyon, Three
Forks, and Bozeman Pass. GIS model results will be more reliable if the data collected uniformly covers the entire study
area. The study area should focus on the remaining unconserved private land in the County – approximately 600,000 acres.
Detailed study of specific species or areas of interest are beyond the scope of this project. We will define what the decision
space of the plan is early to focus future discussions. Also early in the process, we will outline the table of contents of the
final plan deliverables.
EXISTING PLAN AND POLICY REVIEW
We will review past plans, studies, and regulations related to the Gallatin Valley. For each plan, we will note data by
resource, key priorities and values, and identify where conflicts may arise.
Plans will include Critical Lands Study of the Bozeman Area (1997), City of Bozeman’s Community Plan (2021) and
Climate Plan (2021), Gallatin County’s Growth Policy (2021) and Triangle Community Plan (2020), the Montana State
Wildlife Action Plan, Montana Subdivision and Platting Act Montana Department of Fish, the Wildlife and Park’s Fish and
Wildlife Recommendations for Subdivision Development, publications by Montana Natural Heritage Program, among
others. We will focus on the interconnectivity and relationships between stressors and geography of their impacts on
sensitive lands and identify data gaps and conflicts in recommendations.
CASE STUDY REVIEW & DOCUMENT PORTAL
Emerging studies and lessons learned from other communities shall be used to guide research and recommendations. With
input from constituents and the Working Group, we will develop and review a list of case studies and existing models. We
will compare case studies for applicability in modeling methods and policy recommendations to protect sensitive lands. A
few case studies may warrant further evaluation, including author interviews, funding, and code review to assist in the
development of preliminary recommendations. We will interview planners/analysts about how their programs worked/did
not work and what they would have done differently. We will post the most relevant case studies and documents on the
project website and highlight key themes in a summary report.
Task 2 Deliverables:
Draft and Final Existing Plan Review Report
Draft and Final Case Study Review Report
Project website update and document portal
Task 2City Roles:
Minor assistance in gathering existing plans and policies, if not publicly posted.
Review/approve the above deliverables. Provide consolidated comments.
Post deliverables to Engage Bozeman or similar for public review.
TASK 3 DATA COLLECTION
DEVELOP DATA PORTAL ON ARCGIS HUB
We will create an online application on ESRI’s ArcGIS Hub to share data and a narrative to engage the public. The online
application is intended to be educational and show data transparency with publicly available data from multiple supporting
agencies on interactive maps. Some sensitive data is likely needed for the analysis and will be made available only to
authorized users. The City of Bozeman GIS Division will be responsible for hosting the most current available data, with
assistance from partnering agencies.
COLLECT DATA & ORGANIZE ON ARCGIS HUB
With guidance from constituents, Logan Simpson will compile the best available authoritative GIS data applicable to a wide
range of sciences. The data will be organized into a single geodatabase environment. Metadata beyond origin source, year,
and point of contact will not be added to the original data. Any changes to data description will be directed towards the
source. Some examples of data types may include, but are not limited to:
US Forest Service (Key linkage Areas and other Designated Areas, ROS, SIO, WSR)
Lakes and streams
Rock outcrops (determined via USGS land cover raster data)
Highly visible areas (determined via viewshed analysis from major highways)
Transportation (trails and roads)
Land Cover
Wildlife (T&E habitat, Concentration Areas, raptor nesting, Species of Concern Occurrence, Predicted Biodiversity from
MTNHP, movement corridors)
Wetlands
Riparian areas
Existing protection lands
National Register of Historic Places
Landmarks or areas of particular significance to indigenous communities
Prime Soils/Ag lands
Centennial Farms
Health and social indicators based on environmental justice/equity
Other City/County Layers (parcels, contours, zoning, urban waterways, imagery, etc)
DATA GAP REPORT
We will summarize the review of GIS data in a data report, including recommendations to support future data collection
efforts, and post relevant and publicly available data to ArcGIS Hub. The Working Group will review the Data Gap Report.
Data gaps could include data that are not currently available or available datasets that are not useful for downscaling for
conservation planning efforts due to spatial resolution, temporal, or other factors.
PUBLIC REVIEW OF DATA AND REVISIONS
Issues identified within the first public meeting series will be considered and recorded. Any datasets or issues that have
changed over time may be presented cartographically by using an interactive slider bar for the public to compare data. These
datasets may include:
Urbanization
Wildlife movement corridors
Changes in landcover
River movement
Task 3 Meetings & Deliverables:
Agreed upon method to present and share the data (ArcGIS Hub, Story Maps, standard geodatabase)
Meetings to address any GIS data gaps
Staff and partner GIS status meetings (beyond full Working Group Meeting in Task 1)
Draft and Final Data Gap Report
Task 3 City Roles:
Provide existing City GIS data layers
Provide access to Bozeman Enterprise Account (no fee included for additional purchases)
Review/approve the above deliverables. Provide consolidated comments.
Host data and models on the City of Bozeman GIS Division’s ArcGIS Enterprise platform or similar
Assist in identifying landmarks or areas of particular significance to indigenous communities
TASK 4 SPATIAL TOOLS
DEVELOP MODEL METHODOLOGY
Data collected above will be categorized into an agreed upon scheme (wildlife, hydrology, etc.). The Working Group will
confirm the categories of resources to map, approve the best available data for each of the categories, and develop model
criteria. Criteria will reflect community values and focus on highlighting environmental sensitive areas where opportunities
for preservation exist. We will facilitate two Working Group (or a subcommittee) virtual workshops on range of modeling
methodologies to arrive at a preferred methodology. We will document the methods in a report.
DEVELOP MODELS
Working with the City GIS staff and key GIS Partners, Logan Simpson will develop and test a reusable model within Model
Builder. A static series of scenario-based maps will be developed to visualize the effects of land use at both a local and
regional scale is preferred, unless available technology within the project budget allows for a more interactive end-user
experience. We’ll develop three scenarios based on based on values. Some scenarios will reflect changes to weighting,
while other scenarios may include a unique suite of data. We have anticipated three rounds of iterative maps to test and
calibrate the model.
DISPLAY RESULTS ON ARCGIS HUB
We will work to display the static results on the City of Bozeman GIS Division’s ArcGIS Enterprise platform for public
review. Environmentally sensitive linkages and other important habitat needed by wildlife for various life cycle stages will
be highlighted to promote a shared understanding of where opportunities for preservation exist.
Task 4 Meetings & Deliverables:
Staff and partner GIS status meetings (beyond full Working Group Meeting in Task 1)
Draft and final Methodology Report
Draft, revised, and final maps
Task 4 City Roles:
Review/approve the above deliverables. Provide consolidated comments.
Post deliverables to Engage Bozeman or similar for public review.
TASK 5 RECOMMENDATIONS
PRELIMINARY RECOMMENDATIONS & INDICATORS
Logan Simpson will present several ways to structure the plan’s implementation, and the City will select a preferred format,
such as an implementation table that ties each recommendation to a funding source, regulatory tools or incentives, and a
responsible organization to empower them to take action. Specific recommendations to protect sensitive lands shall be
pursued for both policy and program development, including regional partnerships, and key performance indicators, along
with an estimated implementation priority and schedule. Recommendations must include a wide variety of solutions that
will support contrasting interests throughout the study area. Based on the community feedback collected to date; data
modeling results; and consistent with adopted plans (such as Montana Subdivision and Platting Act, the Montana State
Wildlife Action Plan, and the Montana Department of Fish, Wildlife and Park’s Fish and Wildlife Recommendations for
Subdivision Development), laws, and decision-making authority, Logan Simpson will identify preliminary
recommendations that provide a wide variety of solutions that will support contrasting interests related to:
Legislative Initiatives. Efforts required to implement any final recommendations shall be identified in support of the
upcoming legislative session.
Policy and Programs: Policy and program recommendations must be delivered with reference to the agency or jurisdiction
who oversees final decision making authority.
Funding Sources. Each priority resource (scenic, wildlife, recreation, or historic) opens the door to different funding
sources. We will identify a funding source for each recommendation, emphasizing dollars available for conserving
properties or capital improvements.
Regulatory Tools. The Comprehensive Plan/Growth Policy, code language, and zoning, along with subdivision tools such
as conservation developments, are instrumental to direction growth away from sensitive areas. We will recommend by
agency how existing and new programs and policies can align with plan priorities. If there are conflicts between currently
adopted plans, these will be documented and prioritized for revision.
Incentives (TDR). Logan Simpson’s code team is currently helping two western communities, Spanish Fork, Utah and
Teton County, Idaho, develop Transfer of Development Rights (TDR) incentive programs with the goal of preserving
irreplaceable agricultural and natural resources such as waterbodies, wetlands, wildlife habitat, scenery, floodplains, slopes,
wildland-urban interface, and recreational access. Our team will work with City and County staff and attorneys to
recommend how the right program could be implemented in the future.
Regional Partnerships. We will outline partnership opportunities including concepts for future community campaigns with
the Working Group as well as other partners to determine who should most effectively and efficiently lead each initiative
to advance long-term goals.
Key Performance Indicators. To answer the question, “How will we measure success?” we recommend at a minimum a
table with indicators, timelines, and adaptive management thresholds be included in the plan so that future leaders can
communicate results and know whether we are moving toward or away from the desired future condition. We would like to
explore how to tie the indicators to the project website with a GIS indicators dashboard, as we recently did for Colorado
Springs.
REVISED RECOMMENDATIONS & INDICATORS
We will post the recommendation on Konveio, another online service that we often use for collaborative document review.
This tool has been extremely beneficial to our projects, especially to gather feedback on the draft plan, solicit input on
design concepts, or offer a self-paced virtual “open house” where participants can comment on the presented materials. We
will consider revisions to the recommendations based on public input.
SENSITIVE LANDS PROTECTION PLAN (PHYSICAL COPY)
Based on all the work completed to date and feedback on the Draft Online Sensitive Lands Protection Plan, we will create
a full report that is graphically appealing physical Sensitive Lands Protection Plan. The Plan will highlight the plan process
and goals, background, details of the analysis, integrated maps, and recommendations. The Draft Protection Plan will be
reviewed and then revised to present to the public.
SENSITIVE LANDS PROTECTION PLAN (ONLINE)
Based on the analysis, input, and work completed up to this point, our team will prepare a streamlined, and graphically
appealing Online Sensitive Lands Protection Plan that will serve as the Executive Summary, linking data and maps from
the ArcGIS Hub in Story Map format. The Logan Simpson team will develop an end product that is easily navigated and
understandable to the public with minimal technical language or jargon. Content, layout, and format for the plan will be
mocked up for discussion and through a workshop. It will integrate text, interactive maps, photos, and other multimedia
content online.
APPENDICES
Technical details consolidated throughout the process will be placed under a separate covers for future reference attached
to the ArcGIS Hub.
ACCEPTANCE
Following public review of the Draft Online Sensitive Lands Protection Plan, Logan Simpson will prepare final Story Map
and physical copy of the Protection Plan for acceptance by the City of Bozeman. At this stage, Logan Simpson anticipates
only minor revisions after each meeting based on public comments. After the approval, Logan Simpson will compile and
submit all associated graphic links and files. Logan Simpson does not anticipate providing printed copies.
ADDITIONAL ACCEPTANCE MEETINGS
While this is a City of Bozeman project, we believe for this plan to be fully supported and implemented it should be
accepted/approved by all jurisdictions with decision making authority over the recommendations. Logan Simpson will
support the City in presenting to up to 6 additional Boards and/or Commissions across other agencies in person.
Meetings:
Up to 6 City acceptance meetings, agendas, materials, facilitation, and notes over no more than 3 trips (in-person)
Deliverables:
Preliminary and Final Recommendations that accomplish specific goals with measurable outcomes
Preliminary Draft Protection Plan for Public Review for staff and Working Group Review
Preliminary Draft Online StoryMap Protection Plan for staff and Working Group Review
Public Draft Protection Plan for Public Review for staff and Working Group Review
Public Draft Online StoryMap Protection Plan for staff and Working Group Review
Final Protection Plan & Online StoryMap for acceptance
City Roles:
Review/approve the above deliverables. Provide consolidated and reconcile conflicting comments
Assist in City acceptance meetings: scheduling, staff report, and rehearsal
Labor Expenses Total
Task 1 - Partner & Community Engagement
Project Management Coordination (Monthly for 16 months)$10,412 $0 $10,412
Community Engagement Plan $1,275 $0 $1,275
Project Website Set up $3,178 $0 $3,178
One-on-One Interviews (Virtually)$7,055 $0 $7,055
Statistically Valid Survey $1,140 $24,000 $25,140Working Group Meetings (x4 - two in-person) & County Coordination
(3 virtual)$18,260 $5,200 $23,460
Community Engagement Series (x3 - all in-person)$16,097 $6,000 $22,097
Subtotal Task 1 $57,417 $35,200 $92,617
Task 2 - Literature Review
Define study area & Prelminary Plan Outline $1,558 $0 $1,558
Existing Plan and Policy Review $4,780 $150 $4,930
Subtotal Task 2 $15,928 $225 $16,153
Task 3 - Data Collection
Develop data portal on ArcGIS Hub $2,025 $0 $2,025
Collect Data & Organize on ArcGIS Hub $4,912 $0 $4,912
Data Gap Report $5,692 $0 $5,692
Public Review of Data and Revisions $2,104 $0 $2,104
Subtotal Task 3 $14,733 $0 $14,733
Task 4 - Spatial Tools
Develop modeling methods $5,870 $0 $5,870
Develop models $11,864 $0 $11,864
Display results $6,838 $0 $6,838
Public Review of Model and Revisions $1,710 $0 $1,710
Subtotal Task 4 $26,282 $0 $26,282
Task 5 - Recommendations
Preliminary Recommendations & Indicators $12,906 $0 $12,906
Revised Recommendations & Indicators $3,812 $0 $3,812
Online Protection Plan (Story Map)$12,466 $0 $12,466
Appendices $3,384 $0 $3,384
Protection Plan (Physical Copy)$12,925 $0 $12,925
Protection Plan Acceptance (1 meeting in-person)$5,264 $1,000 $6,264
Additional Acceptance Meetings (Not to exceed) In-person $16,745 $3,255 $20,000
Subtotal Task 5 $67,502 $4,255 $71,757
GRAND TOTAL $181,862 $39,680 $221,542
Gallatin County Sensitive Lands
Protection Plan
June 27, 2022
OVERALL TOTALS
Page 1 of 1
Exhibit B