HomeMy WebLinkAbout10-04-22 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.Public Service Announcements
D.1 Recently Approved Citizen Advisory Board Minutes (Maas)
E.FYI
F.Commission Disclosures
G.Approval of Minutes
G.1 Approve the regular meeting minutes from: September 13, 2022 (Chambers)
H.Consent
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, October 4, 2022
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If you are interested in commenting in writing on items on the agenda please send an email to
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Public comments will be accepted in-person during the appropriate agenda items.
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on cable channel 190.
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H.1 Accounts Payable Claims Review and Approval (Armstrong)
H.2 Authorize the City Manager to Sign the Non-Profit Grant Agreements Adopted in the Fiscal
Year 2023 budget on June 28, 2022.(Hodnett)
H.3 Authorize the City Manager to sign a Utility Easement with GKT Bozeman, LLC for the Texas
Roadhouse Site Plan (22140)(Ryan)
H.4 Authorize the City Manager to sign a Public Street and Utility Easement (2), Temporary Fill
Slope Easement, Public Access and Utility Easement, Water Pipeline and Access Easement
and Agreement, Storm Drainage Easement, Public Utility Easement, Park Easement, Sewer
and Water Pipeline and Access Easement and Agreement, Irrigation Easement, Public Access
Easements, Temporary Water Pipeline and Access Easement and Agreement with Bozeman
Haus Two LCC and Buffalo Run Bozeman LLC, for the Homestead at Buffalo Run
(21424)(Paz-Solis)
H.5 Authorize the City Manager to sign a Public Street and Utility Easement with Bon Ton Inc, for
the Allison Amended Plat Subdivision Exemption (22004)(Johnson)
H.6 Authorize the City Manager to sign a Temporary Construction Permit with Whitefish LP II
and the Cannery District Property Owners Association for work on the 2022 CIPP Sewer
Project(Gamradt)
H.7 Authorize the City Manager to sign a Construction Agreement with Western Systems to
build the communication network for city signals(Van Delinder)
H.8 Authorize the City Manager to sign a Construction Agreement with Western Systems for
installation of Ethernet Switches in all 22 City maintained traffic signals(Van Delinder)
H.9 Authorize the City Manager to sign a Construction Agreement with Western Systems to
install a Transportation Management Center at the City Shops(Van Delinder)
H.10 Resolution 5444, a Resolution of the City Commission of the City of Bozeman, Montana,
Confirming the Appointment of Police Officers in Accordance withMontana Code Annotated
7-32-4108 and 7-32-4113.(Veltkamp)
I.Consent II: Items Acted Upon Without Prior Unanimous Approval
I.1 Authorize the City Manager to Sign a Grant Agreement with Bridgercare to Fund Two
Licensed Clinical Social Worker Student Interns for One Year.(Hodnett)
J.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.
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K.Mayoral Proclamation
K.1 Proclaiming Indigenous Peoples' Day(Andrus)
L.Action Items
L.1 Conditional Use Permits Repeal Text Amendment, Ordinance 2124, Application
22258(Saunders)
L.2 Resolution 5415 - Special Assessment to collect delinquent Water, Sewer, Stormwater,
Garbage and Recycling Charges(Hodnett)
M.Work Session
M.1 Parking Supply and Demand in Downtown Bozeman Work Session #2 (Veselik)
N.Appointments
N.1 Appointment to the Historic Preservation Advisory Board.(Maas)
O.FYI / Discussion
P.Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
noon, Friday at 10 a.m. and Sunday at 2 p.m.
In order for the City Commission to receive all relevant public comment in time for this City
Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the
meeting as well.
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Memorandum
REPORT TO:City Commission
FROM:Taylor Chambers, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Recently Approved Citizen Advisory Board Minutes
MEETING DATE:October 4, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:No action necessary
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:On August 10, 2021 the City Commission adopted Resolution 5323
establishing a High Performing Boards model. In Section 2: Communications,
item 7 it is stated that "City Staff will develop minutes that the Board will
review and approve; minutes shall be provided to the City Commission and
made available to the public."
This item presents the recently approved minutes for the following Citizen
Advisory Boards:
July 13 Sustainability Board
August 10 Sustainability Board
June 21 Downtown Urban Renewal District Board
August 16 Downtown Urban Renewal District Board
July 20 Historic Preservation Advisory Board
August 17 Historic Preservation Advisory Board
August 25 Urban Parks and Forestry Board
July 18 Community Development Board
August 1 Community Development Board
August 15 Community Development Board
July 27 Transportation Advisory Board
August 24 Transportation Advisory Board
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UNRESOLVED ISSUES:Due to technical issues, some of the Boards were delayed in approving
minutes. Those issues have been resolved and these announcements should
be coming on a more regular basis moving forward.
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: July 29, 2022
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Memorandum
REPORT TO:City Commission
FROM:Taylor Chambers - Deputy City Clerk
Mike Maas - City Clerk
Jeff Mihelich - City Manager
SUBJECT:Approve the regular meeting minutes from:
September 13, 2022
MEETING DATE:October 4, 2022
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:I move to approve the City Commission minutes as submitted.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:In 2013, The Clerk’s Office identified goals related to the Commission’s
priority of Improving Technology Utilization and Proficiency. Improvements
included:
• Live streaming broadcast of the City Commission Meeting
• Meeting efficiency
• Better access of meeting information for staff and the public
• Time savings
• Streamlined approach to citizen involvement and public comment
From August of 2013 through December 2020, the City Commission Minutes
have been linked with audio and video using AV Capture. In addition to the
City Commission, many Citizen Advisory Boards utilize the system as well.
Beginning December 14, 2020 the City Commission and many Citizen
Advisory Boards moved to our new Granicus Streaming Platform. Beginning
January 5, 2021 meetings in the Granicus platform have been closed
captioned. Those captions are searchable using the advanced search option
on our video view page.
Users are always welcome to contact the City Clerk’s Office at 582-2320 or
email agenda@bozeman.net for assistance.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the City Commission
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FISCAL EFFECTS:None
Attachments:
09-13-22 City Commission Meeting Minutes.pdf
Report compiled on: September 26, 2022
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Bozeman City Commission Meeting Minutes, Tuesday, September 13, 2022
Page 1 of 9
THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Tuesday, September 13, 2022
Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn
Absent: None
Staff Present at the Dias: City Manager (CM) Jeff Mihelich, Assistant City Attorney (ASA) Anna Saverud,
Deputy City Clerk (DCC) Taylor Chambers
A) 00:02:58 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B) 00:03:04 Pledge of Allegiance and a Moment of Silence
C) 00:03:49 Changes to the Agenda
D) 00:03:55 FYI
Commissioner Pomeroy informed the Commission of an email that she had received earlier today.
Deputy Mayor Cunningham informed the public that the Sustainability Board would be meeting on
Wednesday, the 14th at 6pm
Mayor Andrus reminded the public of the ribbon cutting for the Bozeman Public Safety Center (BPSC) on
Friday.
CM Mihelich spoke about the ribbon cutting for BPSC for Friday, informed the public that swim center
repairs are under way with a hopeful reopen date of Monday, October 3 and introduced
Communications and Engagement Manager Takami Clark to the Commission.
E) 00:08:32 Commission Disclosures
F) 00:08:37 Approval of Minutes
F.1 Approve the regular meeting minutes from:
July 12, 2022
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Bozeman City Commission Meeting Minutes, Tuesday, September 13, 2022
Page 2 of 9
July 19, 2022
July 26, 2022
August 2, 2022
August 9, 2022
07-12-22 City Commission Meeting Minutes.pdf
07-19-22 City Commission Meeting Minutes.pdf
07-26-22 City Commission Meeting Minutes.pdf
08-02-22 City Commission Meeting Minutes.pdf
08-09-22 City Commission Minutes.pdf
00:08:48 Motion I move to approve the regular meeting minutes from July 12th through August 9th.
Terry Cunningham: Motion
Christopher Coburn: 2nd
00:08:59 Vote on the Motion to approve I move to approve the regular meeting minutes from July 12th
through August 9th. The Motion carried 5 - 0
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
G) 00:09:09 Consent
G.1 Accounts Payable Claims Review and Approval
G.2 Authorize the City Manager to Sign a Grant Agreement with One Valley Community
Foundation for Investment in the Regional Housing Coalition
One Valley Regional Housing Committee Grant Agreement final.pdf
G.3 Authorize the City Manager to Sign Grant Agreement with El Mercadito for
Reimbursement of Infrastructure Upgrades in the Midtown Tax Increment Financing
District
Resolution 5087 Authorizing the Midtown Urban Renewal District TIF Assistance
Program.pdf
Midtown_TIF_assistance_grant_agreement-_El_Mercadito_v2.pdf
G.4 Approval of the Blackwood Groves Phases 1 and 9 Major Subdivision Final Plat to divide
a 119.45 acre parcel into 68 single-household residential lots, 6 multi-household
residential lots, 5 park lots, 4 common open space lots, 5 restricted development lots
needing further subdivision review, and associated roads and public infrastructure.
001 Final Plat Map_Sheet 1_Certificates.pdf
002 Final Plat Map_Sheet 2_Overall.pdf
003 Final Plat Map_Sheet 3_NW Quarter.pdf
004 Final Plat Map_Sheet 4_NE Quarter.pdf
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Bozeman City Commission Meeting Minutes, Tuesday, September 13, 2022
Page 3 of 9
005 Final Plat Map_Sheet 5_Conditions of Approval and Notes.pdf
20447- Findings of Fact - Blackwood Groves PP.pdf
22058 Blackwood Groves Ph 1 & 9 FP Commission memo.pdf
G.5 Approval of the Annie Phase 4 Major Subdivision Final Plat
Revised Final Plat Sheet 1.pdf
Revised Final Plat Sheet 2.pdf
Revised Final Plat Sheet 3.pdf
22202 Annie Ph 4 FP staff report.docx
22202 Annie Ph 4 FP Commission Memo.docx
Annie Ph 4 PP Findings of Fact Signed.pdf
G.6 Authorize the City Manager to sign a Public Access Easement and a Water Pipeline and
Access Easement and Agreement with Mitchell Development & Investments, LLC for the
Site A Everhome Site Plan (21341)
Public Access Easement
Water Pipeline and Access Easement and Agreement
G.7 Authorize the City Manager to sign a Release and Reconveyance of Easements,
Releasing Document 2077892 with The State of Montana for the Bozeman Gateway
Phase 5 Subdivision Final Plat (22145)
Release and Reconveyance of Easements
G.8 Authorize the City Manager to sign a Public Street and Utility Easement and a Utility
Easement with Viviana Heluik for the 130 Flanders Mill Annexation (22043)
Public Street and Utility Easement
Utility Easement
G.9 Authorize the City Manager to sign a Public Trail Corridor Easement and a Sewer and
Water Pipeline and Access Easement and Agreement with TruNorth Properties LLC for
the Autumn Grove Condominiums (21104)
Public Trail Corridor Easement
Sewer and Water Pipeline and Access Easement and Agreement
G.10 Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement
and Agreement with Dixson and Company Inc for the Cattail Duplexes Site Plan (20285)
Sewer and Water Pipeline and Access Easement and Agreement
G.11 Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement
and Agreement and a Release and Reconveyance of Easement with Edward Balian for
the Skylark Condos Site Plan (21391)
Release and Reconveyance of Easement
Sewer and Water Pipeline and Access Easement and Agreement
G.12 Authorize the City Manager to sign a Sanitary Sewer Pipeline and Access Easement and
Agreement with Blackwood Land Fund, LLC for the Cottages at Blackwood Groves
(21421)
Sanitary Sewer Pipeline and Access Easement and Agreement
G.13 Authorize the City Manager to Sign a Utility Access Easement and Agreement with
NorthWestern Energy in the Bozeman Sports Park for Underground Electric Service
Underground Electric Easement- City of Bozeman (5).pdf
G.14 Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with
TruNorth Properties, LLC for the Autumn Grove Condominiums (21479)
Conditional Irrevocable Offer of Dedication
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Bozeman City Commission Meeting Minutes, Tuesday, September 13, 2022
Page 4 of 9
G.15 Authorize the City Manager to Sign a Memorandum of Understanding with the Western
Transportation Institute for the Transportation Demand Management Initiative
Partnership for 2022 through 2024
MoU_TDM_WTI.docx
G.16 Authorize the City Manager to sign a Joint Funding Agreement with the U.S. Geological
Survey for the continued operation of the real-time streamflow gaging stations on the
East Gallatin River and Hyalite Creek
23RSJFA005_00.pdf
Bozeman FY23 20220714 bloving.xlsx
G.17 Authorize the City Manager to Sign a Funding, Construction, and Maintenance
Agreement with MDT for the North 7th Avenue and Griffin Drive intersection project.
20220913_N7th and Griffin_9312-CITY-AGREEMENT-FINAL_for Commission consent.pdf
G.18 Authorize City Manager to Sign AIA Document B121 Master Agreement, and AIA
Document B221 Service Order 1, and Future Service Orders within Budget for
Community Engagement and Conceptual Design for the West Side Recreation and
Aquatics Center and Library Branch.
B121-2018 - West Side Campus - Phase 1 - Master Service Agreement.pdf
B221-2018 - West Side Campus - Phase 1 - Service Order 1.pdf
Exhibit A - West Side Campus - Phase 1 - Basic Scope of Work.pdf
West Side Recreation and Aquatics Center and Library Branch Community Engagement
and Conceptual Design Professional Architectural Services RFQ-RFP.pdf
ThinkOne-AMD_Bozeman West Side Recreation, Aquatics Center and
Library_Qualifications.pdf
G.19 Authorize City Manager to Sign an Agreement for Services with The Community Design
Center, Montana State University School of Architecture for the Bozeman Midtown
Project
N 7th _AGREEMENT FOR SERVICES.docx
G.20 Authorize the City Manager to Sign a Guaranteed Maximum Price Amendment No. 2 to
the Construction Contract for the Library Renovation Project.
Guaranteed Maximum Price Amendment No. 2 for Public Library.pdf
G.21 Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with
915 Building Partners, LLC for the Flooring Place Warehouse Site Plan (21354)
Conditional Irrevocable Offer of Dedication
G.22 Authorize the City Manager to sign Task Order #EDD22-02 for on-call Miscellaneous
Parking Services to be billed on a Time and Materials Basis
URD Task Order Form EDD22-002.docx
Sanderson_Stewart_Charge_Out_Rates_2022.pdf
G.23 Authorize City Manager to Sign a Professional Services Agreement with Ingram-
Clevenger, Inc. for Facilities Projects
Public Service Agreement - Ingram-Clevenger - General Contractor Services.pdf
G.24 Authorize the City Manager to sign a Professional Services Agreement with Montana
Outdoor Science School to Implement Year Two of a Direct Student Engagement Pilot
Program in Bozeman Public Schools Utilizing the Bozeman Water Conservation and
Stormwater Management Educator Guide
Professional Services Agreement_MOSS_09_2022.pdf
Scope of Services_MOSS Direct Student Engagement Pilot Program_Year Two.pdf
Direct Student Engagement Pilot Program Year One Summary & Results.pdf
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Bozeman City Commission Meeting Minutes, Tuesday, September 13, 2022
Page 5 of 9
G.25 Authorize City Manager to Sign Professional Service Agreement with Journal
Technologies for case management software for the City Attorney's Office
eProsecutor Online Agreement - Final
G.26 Authorize the City Manager to Sign Amendment 2 to the Professional Services
Agreement with Sanderson Stewart for the Kagy Boulevard Signal Analysis and
Pedestrian Hybrid Beacon Design Project
20220817_Kagy_HAWK_ Amendment 2.pdf
20220817_Kagy_HAWK_Amendment 2_SOW.pdf
G.27 Authorize the City Manager to Sign a Fourth Amendment to the Professional Services
Agreement with MacDonald Consulting as assigned to Central House Strategies for
Lobbying Services
Fourth PSA Amendment for lobbying services with Central House Strategies.docx
G.28 Resolution 5386 to annex approximately 2.29 acres near Baxter Lane and Harper
Puckett Road, and Authorize the City Manager to Sign the Annexation Agreement,
Application 18240
Resolution 5386 Rainbow Creek ANNX.pdf
18240 Annexation Agreement.pdf
Order Re Motion For Summary Judgement.pdf
G.29 Resolution 5442 Consenting to Haven's Sale of its Current Shelter Location to Assist in
Paying the Costs of Constructing a New Shelter Adjacent to the Bozeman Pond Park
Resolution 5442 HAVEN consent to property sale 8 22 22.docx
Attachment A to Res 5442 Haven deed for CC 9 13 22.pdf
G.30 Ordinance 2104 Provisional Adoption to Repeal and Replace Division 38.430 Planned
Unit Development with a New Planned Development Zone Process and Amend 24
Related Sections of the Bozeman Municipal Code, Application 22133
Ordinance 2104 Planned Unit Development - Final Adoption 9-13-2022.pdf
G.31 Ordinance 2103, Provisional Adoption of the Rainbow Creek Zone Map Amendment,
Giving an Initial Designation of R-4, Residential High Density District, On Approximately
2.29 Acres Near Baxter Lane and Harper Puckett Road, in Association with Annexation
Application 18240
Ordinance 2103 Rainbow Creek ANNX Zoning.pdf
Rainbow Creek Annexation and Zoning Map.pdf
Order Re Motion For Summary Judgement.pdf
City Manager (CM) Mihelich highlighted consent items: PSA with Think One, G.19, and G.24
00:11:47 Public Comment Opportunity
00:11:56 Erika Coyle
Erika Coyle Executive Director of Haven commented thanking the Commission for approving the Consent
item to allow Haven to sell their current shelter.
00:13:55 Motion I move to approve consent items G.1 through G.31 as submitted.
Christopher Coburn: Motion
Jennifer Madgic: 2nd
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Bozeman City Commission Meeting Minutes, Tuesday, September 13, 2022
Page 6 of 9
00:14:05 Vote on the Motion to approve I move to approve consent items G.1 through G.31 as submitted.
The Motion carried 5 - 0
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
H) 00:15:00 Consent II: Items Acted Upon Without Prior Unanimous Approval
H.1 Resolution 5441, Heritage Christian School Annexation to Annex Approximately 13.58
Acres at 4310 Durston Road, Application 22170
Resolution 5441 HCS Annexation.pdf
HCS Signed AA.pdf
H.2 Ordinance 2125 Provisional Adoption, Heritage Christian School Annexation Zone Map
Amendment to Establish an Initial Municipal Zoning of R3, Residential Medium Density
District, On 13.58 Acres at 4310 Durston Road, Application 22170
Ordinance 2125 HCS ZMA.pdf
00:14:25 Motion I move to approve consent items H.1 and H.2 as submitted.
Christopher Coburn: Motion
Jennifer Madgic: 2nd
00:14:27 Vote on the Motion to approve I move to approve consent items H.1 and H.2 as submitted. The
Motion carried 4 - 1
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Disapprove:
Christopher Coburn
I) 00:15:06 Consent III: Items Acted Upon Without Prior Unanimous Approval
I.1 Ordinance 2105 Provisional Adoption, Repeal Division 38.380, Affordable Housing, and
Amend Associated Standards and Replace With a New Division 38.380 Affordable
Housing Text Amendment, Application 22133
Ordinance 2105 38.380 Affordable Housing - Final Adoption 9-13-2022.pdf
00:14:41 Motion I move to approve consent item I.1 as submitted.
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Bozeman City Commission Meeting Minutes, Tuesday, September 13, 2022
Page 7 of 9
Christopher Coburn: Motion
Jennifer Madgic: 2nd
00:14:47 Vote on the Motion to approve I move to approve consent item I.1 as submitted. The Motion
carried 4 - 1
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Christopher Coburn
Disapprove:
Jennifer Madgic
J) 00:15:16 Public Comment
00:15:39 Darcel Vaughn
Gallatin Rest Home Administrator, Darcel Vaughn, informed the Commission about the County mil levy
that will be on the election ballot for the rest home.
00:18:12 Nicole Madden
Nicole Madden with Bozeman Health expressed gratitude to the City for the City's award of $325,000 in
2020 in order to develop psychiatric emergency services.
K) 00:20:24 Action Items
K.1 00:20:27 Approve the Billings Clinic Bozeman Medical Campus Preliminary
Planned Unit Development (P-PUD) application for the 58 acre Site.
22244 Billings Clinic P PUD Commission memo.pdf
22244 Billings P PUD CC staff rpt.pdf
Attachment A Billings Clinic Bozemanm Prelim PUD Document and Guidelines-08 19
22.pdf
00:21:31 Staff Presentation
Senior Planner Susana Montana presented Application 22244 Billings Clinic Preliminary Planned Unit
Development (PPUD) to the Commission.
00:41:38 Questions of Staff
01:13:50 Applicant Presentation
The applicant team presented the Billings Clinic Project to the Commission
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Bozeman City Commission Meeting Minutes, Tuesday, September 13, 2022
Page 8 of 9
01:25:53 Questions of Applicant
01:38:59 Public Comment Opportunity
No public comments
01:39:33 Motion Having Reviewed and considered the staff report, application materials, public
comment, and all information presented, I hereby adopt the findings presented in the staff report for
application 22244 and move to recommend approval of the Billings Clinic Bozeman Medical Campus
Preliminary Planned Unit Development application with the additional relaxation that allows housing of
all types as a principal use
Jennifer Madgic: Motion
I-Ho Pomeroy: 2nd
01:40:45 Discussion
01:48:24 Vote on the Motion to approve Having Reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 22244 and move to recommend approval of the Billings Clinic Bozeman Medical
Campus Preliminary Planned Unit Development application with the additional relaxation that allows
housing of all types as a principal use. The Motion carried 5 - 0
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
L) 01:49:35 Work Session
L.1 01:49:24 UDC Project - Review and Advise Regarding the Update to the Unified
Development Code, Chapter 38, Bozeman Municipal Code to Address Formatting and
Structure, Application 21381
01:49:26 Introduction
CM Mihelich introduced the UDC Project work session
Interim Director of Community Development Anna Bentley introduced the consultants on the UDC
project and outlined a timeline and goals for the project.
01:57:03 Consultant Presentation
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Bozeman City Commission Meeting Minutes, Tuesday, September 13, 2022
Page 9 of 9
Code Studio presented recommended changes for the UDC project to the Commission
02:15:30 Questions of Consultant Team
03:00:24 Public Comment Opportunity
03:00:45 Discussion
L.2 03:08:09 Legislative Priorities for the 68th (2023) Session of the Montana State
Legislature
City Commission--Legislative Priorities Draft Work Session.doc
Legislative Priorities 2023.pdf
03:08:31 Introduction
CM Mihelich introduced the legislative priorities work session to the Commission
03:10:13 Work Session Presentation
03:31:04 Questions/Comments for Staff
M) 04:00:12 FYI / Discussion
N) 04:02:04 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.
16
Memorandum
REPORT TO:City Commission
FROM:Nadine Waters, Accounts Payable Clerk
Nicole Armstrong, Accounts Payable Clerk
Levi Stewart, Assistant City Controller
Aaron Funk, City Controller
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:October 4, 2022
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission is recommended to make a motion and approve
payment of 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: September 22, 2022
17
Memorandum
REPORT TO:City Commission
FROM:Kaitlin Johnson, Budget Analyst
Melissa Hodnett, Finance Director
SUBJECT:Authorize the City Manager to Sign the Non-Profit Grant Agreements
Adopted in the Fiscal Year 2023 budget on June 28, 2022.
MEETING DATE:October 4, 2022
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to Sign the Non-Profit Grant Agreements
Adopted in the Fiscal Year 2023 budget on June 28, 2022.
STRATEGIC PLAN:3.2 Health & Safety Action: Work with our partners to improve education,
public awareness, and to coordinate programs concerning emergency
services, criminal justice, and important social services.
BACKGROUND:On June 28, 2022, the City Commission approved the following non-profit
grant awards with the adoption of the FY23 Budget:
Bozeman Bike Kitchen: $3,000 for funding light sets, locks, and
helmets in support of programs providing bikes, free of charge, to the
Bozeman community
Child Care Connections: $100,000 for funding three-month tiered
scholarships to families who do not qualify for traditional child care
subsidies
Family Promise of Gallatin Valley: $100,000 for funding scholarships to
families who not qualify for assistance through Best Beginnings and for
operational support of the emergency shelter
Haven: $30,000 for funding all of the overnight advocate positions and
half of the weekend advocate positions at Haven
Help Center: $20,000 to help fund a Community Education position
HRDC - Streamline: $400,000 for funding operational costs to provide
transportation services through Streamline
Suffer Out Loud: $15,000 for funding the Mental Health Care
Scholarship
UNRESOLVED ISSUES:None.
ALTERNATIVES:N/A - as adopted in the Fiscal Year 2023 budget by the City Commission June
28, 2022.
FISCAL EFFECTS:Expenditure appropriations are included in the fiscal year 2023 Adopted
18
Budget approved by City Commission on June 28, 2022.
Attachments:
FY23 Bozeman Bike Kitchen Grant Agreement.pdf
FY23 Child Care Connections Grant Agreement.pdf
FY23 Family Promise Grant Agreement.pdf
FY23 Haven Grant Agreement.pdf
FY23 HRDC Streamline Grant Agreement.pdf
FY23 Suffer Out Loud Grant Agreement.pdf
FY23 Help Center Grant Agreement.pdf
Report compiled on: September 22, 2022
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FY 2023 Grant Agreement – Bozeman Bike Kitchen Page 1
CITY OF BOZEMAN GRANT AGREEMENT
Bozeman Bike Kitchen
THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and
between the City of Bozeman, Montana, a self-governing municipal corporation operating
pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave.,
Bozeman MT 59771 (“City”) as GRANTOR and Bozeman Bike Kitchen, a non-profit
organization located at 2104 Industrial Drive, Bozeman, Montana 59715as GRANTEE.
WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity;
and
WHEREAS, Bozeman Bike Kitchen submitted a proposal to the City Commission for a grant of
$3,000.00 for the purchase of light sets, locks, and helmets in support of programs providing
bikes free of charge to community members of Bozeman (the “Project”) that would benefit from
the City funding; and
WHEREAS, the City Commission may make grants of money for public purposes pursuant to
Sect. 7-1-4124(9), MCA; and
WHEREAS, the City Commission determines the granting of funds under this Agreement is for
a public purpose benefitting the community by improving mobility options through enhancing
non-motorized transportation as detailed in the City of Bozeman’s Strategic Plan (4.5.a.) by
supporting programs that provide free access to non-motorized transportation; and
WHEREAS, on June 28, 2022, the Commission appropriated $3,000.00 for the Project.
THE PARTIES AGREE:
1. The Grant. The City will grant and release to GRANTEE a sum of up to three thousand
dollars ($3,000.00) from its General Fund (the “Grant”) pursuant to the payment terms in
Section 3.
2. Use of Grant Funds. Grant funds in the amount of up to three thousand dollars
($3,000.00) will be used by GRANTEE for the sole purpose of purchasing of light sets,
locks, and helmets in support of programs providing bikes free of charge to community
members of Bozeman as described in the proposal submitted by GRANTEE to the City
Commission, attached hereto as Exhibit A and by this reference incorporated herein.
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FY 2023 Grant Agreement – Bozeman Bike Kitchen Page 2
3. Payment of Grant Funds
a. GRANTEE may request the Grant funds during the fiscal year ending June 30,
2023 as needed by providing proof of expenses paid. Acceptable forms of proof
of payment shall be as determined in the sole discretion of the City’s Director of
Finance.
b. Unless otherwise approved by the Director of Finance, any funds from the Grant
not awarded during the fiscal year ending June 30, 2023 will remain in the City’s
General Fund and will be available for other appropriation.
c. The City will have no obligation to pay any Grant funds unless at the time of the
request for payment (i) all of GRANTEE’s representations as set forth in Section
4 are true and correct, and (ii) GRANTEE is not in breach of any term of this
Agreement. If any of the above conditions are not satisfied in sole the
determination of the City, the City shall have no obligation to make payment and
the City’s determination to refrain from paying, or its inability to pay, any of the
Grant funds shall not be or result in a default of this Agreement.
4. Grantee Representations
a. GRANTEE has familiarized itself with the nature and extent of this Agreement
and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect GRANTEE’s performance under
this Agreement.
b. GRANTEE represents and warrants to City that it has the experience and ability
to perform its obligations under this Agreement; that it will perform said
obligations 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 for
GRANTEE to meet this warranty.
c. GRANTEE represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Project.
5. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE,
GRANTEE will provide to the City a formal written report that includes, at a minimum,
the proof of expenses paid. GRANTEE agrees to develop and/or provide such other
documentation as requested by the City demonstrating GRANTEE’s compliance with the
requirements of this Agreement. GRANTEE must allow the City, its auditors, and other
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FY 2023 Grant Agreement – Bozeman Bike Kitchen Page 3
persons authorized by the City to inspect and copy its books and records for the purpose
of verifying that monies provided to GRANTEE pursuant to this Agreement were used in
compliance with this Agreement and all applicable provisions of federal, state, and local
law. GRANTEE will retain such records for seven years after receipt of final payment
under this Agreement unless permission to destroy them is granted by the City.
GRANTEE shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
6. Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all
required permits, licenses and approvals, and will meet all requirements of all local, state
and federal laws, rules and regulations which must be obtained or met in connection with
the Project.
7. Independent Contractor Status. The parties agree that GRANTEE, its agents,
employees, contractors, or subcontractors, are independent contractors for purposes of
this Agreement and are not to be considered employees or agents of the City for any
purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are 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.
GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
8. Default and Termination. If GRANTEE fails to comply with any condition of this
Agreement at the time or in the manner provided for, the City may terminate this
Agreement if the default is not cured within fifteen (15) days after written notice is
provided to GRANTEE. The notice will set forth the items to be cured. If this
Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any
Grant funds already delivered to GRANTEE for the Project.
9. Limitation on GRANTEE’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by GRANTEE under this Agreement,
GRANTEE’s damages shall be limited to contract damages and GRANTEE
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 GRANTEE wants to assert a claim for damages of any kind or nature,
GRANTEE must first 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 ninety (90) days of the facts and
circumstances giving rise to the claim. In the event GRANTEE fails to provide
such notice, GRANTEE shall waive all rights to assert such claim.
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FY 2023 Grant Agreement – Bozeman Bike Kitchen Page 4
10. Representatives
a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall be the City’s Finance Director, Melissa Hodnett, or such other
individual as City may designate in writing. Whenever approval or authorization
from or communication or submission to City is required by this Agreement, such
communication or submission must be directed to the City’s Representative and
approvals or authorizations will be issued only by such Representative; provided,
however, that in exigent circumstances when City’s Representative is not
available, GRANTEE may direct its communication or submission to other
designated City personnel or agents and may receive approvals or authorization
from such persons.
b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of
this Agreement shall be Art Schwaller or such other individual as GRANTEE
designates in writing. Whenever direction to or communication with GRANTEE
is required by this Agreement, such direction or communication must be directed
to GRANTEE’s Representative; provided, however, that in exigent circumstances
when GRANTEE’s Representative is not available, City may direct its direction
or communication to other designated GRANTEE personnel or agents.
11. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law,
GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third party claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, which arise out of, relate to or result from
GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct.
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). GRANTEE’s indemnification obligations under this Section shall be
without regard to and without any right to contribution from any insurance maintained by
City.
Should any indemnitee described herein be required to bring an action against
GRANTEE to assert its right to defense or indemnification under this Agreement or
under GRANTEE’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
GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the
indemnitee for a claim(s) or any portion(s) thereof.
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FY 2023 Grant Agreement – Bozeman Bike Kitchen Page 5
In the event of an action filed against City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
GRANTEE also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or
property arising from, 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.
In addition to and independent from the above, GRANTEE shall at GRANTEE’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 GRANTEE in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this
Section unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the
City and GRANTEE 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
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional insured on a primary non-contributory basis on the Commercial General
Liability policy. 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.
The City must approve all insurance coverage and endorsements prior to delivery of
Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of
GRANTEE’s receipt of notice that any required insurance coverage will be terminated or
GRANTEE’s decision to terminate any required insurance coverage for any reason.
12. Nondiscrimination, Equal Pay. GRANTEE agrees that all hiring by GRANTEE of
persons performing this Grant Agreement shall be on the basis of merit and
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FY 2023 Grant Agreement – Bozeman Bike Kitchen Page 6
qualifications. GRANTEE will have a policy to provide equal employment opportunity
in accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. GRANTEE 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.
In addition, GRANTEE 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). GRANTEE must report to the City any violations of
the Montana Equal Pay Act that GRANTEE has been found liable for or guilty of within
30 days of such finding for violations occurring during the term of this Agreement.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
13. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
14. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents of
either party not contained in this written Agreement may be considered valid or binding.
This Agreement may not be modified except by written agreement signed by both parties.
15. 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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FY 2023 Grant Agreement – Bozeman Bike Kitchen Page 7
16. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights,
including the right to Grant payments, or any other rights or duties arising hereunder,
without the prior written consent of City.
17. No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties’ intent to confer third party beneficiary rights upon any other person or entity.
18. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
19. 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.
20. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
21. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
22. 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.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indicated below.
_______________________ Date: __________
Jeff Mihelich, City Manager City of Bozeman
_______________________ Date: __________
Print name and Title:___________________________ GRANTEE Approved as to form:
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FY 2023 Grant Agreement – Bozeman Bike Kitchen Page 8
_______________________ Date: __________
Greg Sullivan, City Attorney City of Bozeman
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FY 2023 Grant Agreement – Bozeman Bike Kitchen Exhibit A
Exhibit A
Grant Proposal Grant Project Overview: Bozeman Bike Kitchen’s request is for funding its core, programmatic purpose of providing bikes free of charge to the Bozeman community.
Specifically, Bozeman Bike Kitchen requested $3,000.00 for the purchase of light sets, locks,
and helmets in support of programs providing bikes free of charge to community members of Bozeman. City Commission Award: On June 28, 2022, the Bozeman City Commission approved the
grant award in the amount of $3,000.00. This grant award must be used for the purchase of
light sets, locks, and helmets. Grant Term: July 1, 2022 – June 30, 2023 (fiscal year 2023).
28
1
Rachel Harlow-Schalk
From:Julie Hunter
Sent:Friday, March 18, 2022 8:41 AM
To:Rachel Harlow-Schalk; Jeff Mihelich
Subject:FW: *NEW SUBMISSION* - Outside Entity Budget Requests - BOZEMAN BIKE KITCHEN
Budget request from Bozeman Bike Kitchen.
From: webadmin@bozeman.net <webadmin@bozeman.net>
Sent: Friday, March 18, 2022 7:21 AM
To: Julie Hunter <JHunter@BOZEMAN.NET>
Subject: *NEW SUBMISSION* ‐ Outside Entity Budget Requests
A new entry to a form/survey has been submitted.
Form Name: Outside Entity Budget Requests
Date & Time: 03/18/2022 7:20 AM
Response #: 15
Submitter ID: 49577
IP address: 208.83.44.53
Time to complete: 22 min. , 42 sec.
Survey Details
Page 1
1. Entity Name
Bozeman Bike Kitchen
2. Entity's Physical Address
Street Address 2104 Industrial Dr
Unit # Not answered
City Bozeman
Postal/Zip Code 59715
State Montana
3. Number of Years of Operation as a Non‐Profit Organization
15
4. Link to Most Recent Annual Financial Report
https://drive.google.com/drive/u/3/folders/1pfpNRHYlFvAhyIg_mjDw8SKA85iH4u7Y
5. Dollar Amount Requested for the Fiscal Year
3000
29
2
6. Description of the Funding Request in Relation to the Strategic Plan and/or Citizen Benefit
Request is in support of our programs to provide free Community and kids' bikes. Specifically, we annually spend $1500 on
light sets, $1000 on locks, and $1000 on helmets in support of these programs. Non‐motorized transportation is part of the
Strategic Plan, and our mission is to make it attainable for all. We partner with other local agencies to provide bikes to those
in need. Note that we have received funding in years past for lights, etc., through city connections and the BABAB.
7. Other Entities Funding has been Requested From AND Other Partners Assisting with Funding Entity (List up to three)
#1 Name Noon Rotary
Amount $ 500 (provided for helmets 2021)
#2 Name Madison Engineering
Amount $ 600 (rent assistance)
#3 Name Give Big
Amount $ 4000 (general expenses)
8. Contact Information for Entity
First Name Art
Last Name Schwaller
Phone Number (406) 548‐2926
Email Address art@bozemanbikekitchen.org
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
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FY 2023 Grant Agreement – Child Care Connections Gap Child Care Scholarship Page 1
CITY OF BOZEMAN GRANT AGREEMENT
Child Care Connections Gap Child Care Scholarship
THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and
between the City of Bozeman, Montana, a self-governing municipal corporation operating
pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave.,
Bozeman MT 59771 (“City”) as GRANTOR and Child Care Connections, a non-profit
organization located at 1143 Stoneridge Drive, Bozeman, MT 59718 as GRANTEE.
WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity;
and
WHEREAS, on March 17, 2022, Child Care Connections submitted a proposal to the City
Commission for a grant of $125,000.00 to provide approximately 72 three-month tiered child
care scholarships to families who do not qualify for traditional subsidies that would benefit from
the City funding; and
WHEREAS, the City Commission may make grants of money for public purposes pursuant to
Sect. 7-1-4124(9), MCA; and
WHEREAS, the City Commission determines the granting of funds under this Agreement is for
a public purpose benefitting the community by addressing the need for safe, affordable child care
in accordance with the City of Bozeman’s Strategic Plan (2.3, 3.2, 5.3) by supporting programs
that offer financial assistance to families in need; and
WHEREAS, on June 28, 2022, the Commission appropriated $100,000.00 to Child Care
Connections in response to its funding request (the “Project”).
THE PARTIES AGREE:
1. The Grant. The City will grant and release to GRANTEE a sum of up to one hundred
thousand dollars ($100,000.00) from its General Fund (the “Grant”) pursuant to the
payment terms in Section 3.
2. Use of Grant Funds. Grant funds in the amount of up to one hundred thousand dollars
($100,000.00) will be used by GRANTEE for the sole purpose of providing three-month
tiered child care scholarships to families who do not qualify for traditional subsidies as
described in the proposal submitted by GRANTEE to the City Commission, attached
hereto as Exhibit A and by this reference incorporated herein.
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FY 2023 Grant Agreement – Child Care Connections Gap Child Care Scholarship Page 2
3. Payment of Grant Funds
a. GRANTEE may request the Grant funds during the fiscal year ending June 30,
2023 as needed by providing proof of expenses paid. Acceptable forms of proof
of payment shall be as determined in the sole discretion of the City’s Director of
Finance.
b. Unless otherwise approved by the Director of Finance, any funds from the Grant
not awarded during the fiscal year ending June 30, 2023 will remain in the City’s
General Fund and will be available for other appropriation.
c. The City will have no obligation to pay any Grant funds unless at the time of the
request for payment (i) all of GRANTEE’s representations as set forth in Section
4 are true and correct, and (ii) GRANTEE is not in breach of any term of this
Agreement. If any of the above conditions are not satisfied in sole the
determination of the City, the City shall have no obligation to make payment and
the City’s determination to refrain from paying, or its inability to pay, any of the
Grant funds shall not be or result in a default of this Agreement.
4. Grantee Representations
a. GRANTEE has familiarized itself with the nature and extent of this Agreement
and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect GRANTEE’s performance under
this Agreement.
b. GRANTEE represents and warrants to City that it has the experience and ability
to perform its obligations under this Agreement; that it will perform said
obligations 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 for
GRANTEE to meet this warranty.
c. GRANTEE represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Project.
5. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE,
GRANTEE will provide to the City a formal written report that includes, at a minimum,
the proof of expenses paid. GRANTEE agrees to develop and/or provide such other
documentation as requested by the City demonstrating GRANTEE’s compliance with the
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FY 2023 Grant Agreement – Child Care Connections Gap Child Care Scholarship Page 3
requirements of this Agreement. GRANTEE must 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 monies provided to GRANTEE pursuant to this Agreement were used in
compliance with this Agreement and all applicable provisions of federal, state, and local
law. GRANTEE will retain such records for seven years after receipt of final payment
under this Agreement unless permission to destroy them is granted by the City.
GRANTEE shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
6. Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all
required permits, licenses and approvals, and will meet all requirements of all local, state
and federal laws, rules and regulations which must be obtained or met in connection with
the Project.
7. Independent Contractor Status. The parties agree that GRANTEE, its agents,
employees, contractors, or subcontractors, are independent contractors for purposes of
this Agreement and are not to be considered employees or agents of the City for any
purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are 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.
GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
8. Default and Termination. If GRANTEE fails to comply with any condition of this
Agreement at the time or in the manner provided for, the City may terminate this
Agreement if the default is not cured within fifteen (15) days after written notice is
provided to GRANTEE. The notice will set forth the items to be cured. If this
Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any
Grant funds already delivered to GRANTEE for the Project.
9. Limitation on GRANTEE’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by GRANTEE under this Agreement,
GRANTEE’s damages shall be limited to contract damages and GRANTEE
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 GRANTEE wants to assert a claim for damages of any kind or nature,
GRANTEE must first 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 ninety (90) days of the facts and
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FY 2023 Grant Agreement – Child Care Connections Gap Child Care Scholarship Page 4
circumstances giving rise to the claim. In the event GRANTEE fails to provide
such notice, GRANTEE shall waive all rights to assert such claim.
10. Representatives
a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall be the City’s Finance Director, Melissa Hodnett, or such other
individual as City may designate in writing. Whenever approval or authorization
from or communication or submission to City is required by this Agreement, such
communication or submission must be directed to the City’s Representative and
approvals or authorizations will be issued only by such Representative; provided,
however, that in exigent circumstances when City’s Representative is not
available, GRANTEE may direct its communication or submission to other
designated City personnel or agents and may receive approvals or authorization
from such persons.
b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of
this Agreement shall be Tori Sproles or such other individual as GRANTEE
designates in writing. Whenever direction to or communication with GRANTEE
is required by this Agreement, such direction or communication must be directed
to GRANTEE’s Representative; provided, however, that in exigent circumstances
when GRANTEE’s Representative is not available, City may direct its direction
or communication to other designated GRANTEE personnel or agents.
11. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law,
GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third party claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, which arise out of, relate to or result from
GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct.
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). GRANTEE’s indemnification obligations under this Section shall be
without regard to and without any right to contribution from any insurance maintained by
City.
Should any indemnitee described herein be required to bring an action against
GRANTEE to assert its right to defense or indemnification under this Agreement or
under GRANTEE’s applicable insurance policies required below the indemnitee shall be
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FY 2023 Grant Agreement – Child Care Connections Gap Child Care Scholarship Page 5
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
GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the
indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
GRANTEE also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or
property arising from, 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.
In addition to and independent from the above, GRANTEE shall at GRANTEE’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 GRANTEE in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this
Section unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the
City and GRANTEE 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
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional insured on a primary non-contributory basis on the Commercial General
Liability policy. 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.
The City must approve all insurance coverage and endorsements prior to delivery of
Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of
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FY 2023 Grant Agreement – Child Care Connections Gap Child Care Scholarship Page 6
GRANTEE’s receipt of notice that any required insurance coverage will be terminated or
GRANTEE’s decision to terminate any required insurance coverage for any reason.
12. Nondiscrimination, Equal Pay. GRANTEE agrees that all hiring by GRANTEE of
persons performing this Grant Agreement shall be on the basis of merit and
qualifications. GRANTEE will have a policy to provide equal employment opportunity
in accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. GRANTEE 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.
In addition, GRANTEE 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). GRANTEE must report to the City any violations of
the Montana Equal Pay Act that GRANTEE has been found liable for or guilty of within
30 days of such finding for violations occurring during the term of this Agreement.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
13. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
14. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents of
either party not contained in this written Agreement may be considered valid or binding.
This Agreement may not be modified except by written agreement signed by both parties.
15. 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.
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FY 2023 Grant Agreement – Child Care Connections Gap Child Care Scholarship Page 7
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.
16. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights,
including the right to Grant payments, or any other rights or duties arising hereunder,
without the prior written consent of City.
17. No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties’ intent to confer third party beneficiary rights upon any other person or entity.
18. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
19. 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.
20. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
21. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
22. 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.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indicated below.
_______________________ Date: __________
Jeff Mihelich, City Manager City of Bozeman
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FY 2023 Grant Agreement – Child Care Connections Gap Child Care Scholarship Page 8
_______________________ Date: __________
Print name and Title:___________________________ GRANTEE Approved as to form:
_______________________ Date: __________
Greg Sullivan, City Attorney City of Bozeman
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FY 2023 Grant Agreement – Child Care Connections Gap Child Care Scholarship Exhibit A
Exhibit A
Grant Proposal Grant Project Overview: Child Care Connections’ mission is to serve as a child care resource and referral agency for six counties, including Gallatin County. Child Care
Connections’ funding request will enable them to provide temporary child care assistance to
families who are re-entering the work force. Using the average cost of child care in Gallatin County, this funding award could provide up to a maximum of 72, three-month tiered scholarships to local families who do not qualify for traditional child care subsidies.
City Commission Award: On June 28, 2022, the Bozeman City Commission approved the
grant award in the amount of $100,000.00. This grant award must be used to fund Child Care Connections’ three-month tiered scholarships to local families who do not qualify for traditional child care subsidies.
Grant Term: July 1, 2022 – June 30, 2023 (fiscal year 2023).
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1
Rachel Harlow-Schalk
From:Julie Hunter
Sent:Thursday, March 17, 2022 12:30 PM
To:Rachel Harlow-Schalk; Jeff Mihelich
Subject:FW: *NEW SUBMISSION* - Outside Entity Budget Requests - Child Care Connections
Budget request from Child Care Connections.
From: webadmin@bozeman.net <webadmin@bozeman.net>
Sent: Thursday, March 17, 2022 11:39 AM
To: Julie Hunter <JHunter@BOZEMAN.NET>
Subject: *NEW SUBMISSION* ‐ Outside Entity Budget Requests
A new entry to a form/survey has been submitted.
Form Name: Outside Entity Budget Requests
Date & Time: 03/17/2022 11:39 AM
Response #: 10
Submitter ID: 49556
IP address: 72.174.93.186
Time to complete: 56 min. , 25 sec.
Survey Details
Page 1
1. Entity Name
Child Care Connections
2. Entity's Physical Address
Street Address 1143 Stoneridge Dr.
Unit # STE 1
City Bozeman
Postal/Zip Code 59718
State Montana
3. Number of Years of Operation as a Non‐Profit Organization
44
4. Link to Most Recent Annual Financial Report
https://cccmontana.org/wp‐content/uploads/2022/03/FY21‐CCC‐Annual‐Report‐3.3.22‐25x11‐1.pdf
5. Dollar Amount Requested for the Fiscal Year
$125,000
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2
6. Description of the Funding Request in Relation to the Strategic Plan and/or Citizen Benefit
Gap Child Care Scholarships‐ Relates to Bozeman strategic plan priorities, especially 2.3, 3.2, 5.3, 7.2. The goal of this project
is to provide approximately 72 three‐month tiered child care scholarships to families who do not qualify for traditional
subsidies such as the Best Beginnings Child Care Scholarship. Lack of both affordable child care and inclusive resources safe
quality child care are a primary cause for decreased workforce participation and employee retention in our area.
7. Other Entities Funding has been Requested From AND Other Partners Assisting with Funding Entity (List up to three)
#1 Name AMB West Philanthropies
Amount $ $84,000
#2 Name Montana Health Care Foundation
Amount $ $100,000
#3 Name Gallatin County Commissioners
Amount $ 400,000
8. Contact Information for Entity
First Name Tori
Last Name Sproles
Phone Number (406) 578‐7786 ext. 114
Email Address tori@cccmontana.org
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
41
City of Bozeman Outside Entity Request
March 17, 2022
Request in support of Gap Child Care Scholarships- Relates to Bozeman strategic plan priorities,
especially 2.3, 3.2, 5.3, 7.2. The goal of this project is to provide approximately 72 three-month tiered
child care scholarships to families who do not qualify for traditional subsidies such as the Best
Beginnings Child Care Scholarship (BBS). Lack of both affordable child care and inclusive resources safe
quality child care are a primary cause for decreased workforce participation and employee retention in
our area.
PURPOSE
Child Care Connections (CCC) was founded in 1978 in response to the growing need for child care as
women with young children entered the workforce in large numbers. Today, CCC serves as the child care
resource and referral agency for the six counties of Gallatin, Park, Meagher, Broadwater, Jefferson, and
Lewis and Clark Counties. Serving over 14,000 community members annually, it is our mission to
advocate for the well-being and quality care of children by supporting early childhood professionals,
families, and the communities we serve.
Bozeman’s workforce is struggling, there are not enough people to fill the jobs that are currently open.
One of the reasons that families are not returning to the workforce is due to affordability of child care.
To qualify for the state subsidy, the BBS, families must be working or going to school. To work or go to
school, they need child care. Due to the pandemic many families pulled out of the workforce and stayed
home with children in hopes to keep their children healthy and safe. Now, families are struggling to get
back into the workforce due to affordability of child care. Bozeman’s wages have increased which has
made it difficult for families to qualify for subsidy as the guideline is set to 185% of federal poverty
guidelines.
WHY IS THIS PROJECT NECESSARY?
This project is necessary to get families back into the workforce by providing temporary child care
assistance as they obtain a job and successfully re-enter the workforce. Administering the BBS for the
State, CCC was only able to approve 52% of applications received last program year despite recent
program improvements. With increase in wages and shortage in licensed child care, especially in rural
areas, this number continues to decline with only 23.4% approved from October through December
2021. CCC currently offers a one-time emergency child care scholarship (ECCS) for up to $500 paid to a
legally operating provider, but it’s not enough to successfully get families back on their feet.
For families, this program will offer more flexible and sustainable support than what is available through
the BBS or the CCC’s current ECCS. Eradicating two major barriers of the BBS, this program would
42
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provide scholarships for licensed or legally operating care and base income eligibility on local median
income, as recommended by national experts, rather than federal poverty line. This would allow for
families to spend closer to 7% annual household income on child care, which is the affordability
threshold set by U.S. Department of Health and Human Services. This would increase eligibility for a
family of four from a household $49,020 (185% FPL) to $87,442*.
Additionally, providing more support to families than the ECCS, qualifying recipients would receive a
three-month tiered scholarship to cover child care costs on a declining basis of 100% (month one), 60%
(month two), and 30% (month three). This tiered design is aimed to provide enough time and support
for families to address hardships causing their need for support including employment and difficult
family circumstances. To access wraparound services, scholarship recipients will be required to meet
with CCC’s Family Engagement Coordinator (FEC) to acquire additional community resources and
supports and further assess the success of the scholarship ensuring that families continue a successful
path moving forward from their scholarship award.
Request
CCC is requesting $125,000 through the City of Bozeman’s Outside Entity Budget Request to provide
temporary child care assistance in the form of a scholarship to families to return to the workforce. We
are proposing that each family could apply for a three-month tiered scholarship (description above) for
their household based on income eligibility (explained above). Using the average cost of child care in
Gallatin County, we predict this funding could help approximately 72 scholarships to local families.
Families can use this funding for licensed child care or in-home services that CCC will directly pay the
business/individual for as the parent searches for and obtains employment.
CCC will administer this funding and be responsible for the determination of residency, work status, and
placement with legally operating child care programs or in-home services.
Experience
In the past year, CCC has successfully administered over 4 million dollars for special circumstance grants
and summer grants for children and families with covid relief funding. With these grants Child Care
Connections awarded over 1,300 families with funds to obtain child care for their children during the
pandemic. All funds for these grants had to be expended within 3 months with thorough
documentation.
Child Care Connections provided 248 Gallatin County families with special circumstances grants totaling
$992,000, serving 491 children.
Pending Funds
Because this a program that is needed throughout our service are, and really all of Montana, CCC is
seeking funding to implement this project in other communities outside of Bozeman. We have
submitted funding requests to:
• AMB West Philanthropies: $84,000
• Montana Health Care Foundation: $100,000 over two years
• Gallatin County Commissioners ARPA funding: $400,000
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Project Sustainability
This project has two primary goals. The first is to provide alternative support to families who do not
qualify for other child care support programs so that they can stay in or rejoin the workforce or increase
their education. The second is to provide education base on the outcomes of this program. We plan to
utilize any successes for education on successful changes that can be taken to scale the project in other
communities, eventually meeting the demand. Education from this project may be provided to insight
change in programs such as the Best Beginnings Child Care Scholarship thus eradicating the need for this
program to be privately funded in the long-term.
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FY 2023 Grant Agreement – Family Promise of Gallatin Valley Operating Grant Page 1
CITY OF BOZEMAN GRANT AGREEMENT
Family Promise of Gallatin Valley Operating Grant
THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and
between the City of Bozeman, Montana, a self-governing municipal corporation operating
pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave.,
Bozeman MT 59771 (“City”) as GRANTOR and Family Promise of Gallatin Valley, a non-profit
organization located at 1603 Tschache Lane, Bozeman, Montana 59718 as GRANTEE.
WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity;
and
WHEREAS, on March 18, 2022, Family Promise of Gallatin Valley submitted a proposal to the
City Commission for a grant of $150,000.00 to provide scholarships to families served by Rising
Stars who do not qualify for assistance through Best Beginning as well as funding for operational
costs for the emergency shelter that would benefit from the City funding; and
WHEREAS, the City Commission may make grants of money for public purposes pursuant to
Sect. 7-1-4124(9), MCA; and
WHEREAS, the City Commission determines the granting of funds under this Agreement is for
a public purpose benefitting the community by working with partners to identify needs, develop,
and appropriately fund a comprehensive strategy for addressing mental health, substance abuse
and addiction, homelessness, and housing challenges, as stated the City of Bozeman’s Strategic
Plan (3.2c); and
WHEREAS, on June 28, 2022, the Commission appropriated $100,000.00 (the “Project”).
THE PARTIES AGREE:
1. The Grant. The City will grant and release to GRANTEE a sum of up to one hundred
thousand dollars ($100,000.00) from its General Fund (the “Grant”) pursuant to the
payment terms in Section 3.
2. Use of Grant Funds. Grant funds in the amount of up to one hundred thousand dollars
($100,000.00) will be used by GRANTEE for the sole purpose of funding scholarships to
families served by Rising Stars who do not qualify for assistance through Best
Beginnings and for operational support of the emergency shelter as described in the
proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A
and by this reference incorporated herein.
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FY 2023 Grant Agreement – Family Promise of Gallatin Valley Operating Grant Page 2
3. Payment of Grant Funds
a. GRANTEE may request the Grant funds during the fiscal year ending June 30,
2023 as needed by providing proof of expenses paid. Acceptable forms of proof
of payment shall be as determined in the sole discretion of the City’s Director of
Finance.
b. Unless otherwise approved by the Director of Finance, any funds from the Grant
not awarded during the fiscal year ending June 30, 2023 will remain in the City’s
General Fund and will be available for other appropriation.
c. The City will have no obligation to pay any Grant funds unless at the time of the
request for payment (i) all of GRANTEE’s representations as set forth in Section
4 are true and correct, and (ii) GRANTEE is not in breach of any term of this
Agreement. If any of the above conditions are not satisfied in sole the
determination of the City, the City shall have no obligation to make payment and
the City’s determination to refrain from paying, or its inability to pay, any of the
Grant funds shall not be or result in a default of this Agreement.
4. Grantee Representations
a. GRANTEE has familiarized itself with the nature and extent of this Agreement
and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect GRANTEE’s performance under
this Agreement.
b. GRANTEE represents and warrants to City that it has the experience and ability
to perform its obligations under this Agreement; that it will perform said
obligations 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 for
GRANTEE to meet this warranty.
c. GRANTEE represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Project.
5. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE,
GRANTEE will provide to the City a formal written report that includes, at a minimum,
the proof of expenses paid. GRANTEE agrees to develop and/or provide such other
documentation as requested by the City demonstrating GRANTEE’s compliance with the
requirements of this Agreement. GRANTEE must allow the City, its auditors, and other
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FY 2023 Grant Agreement – Family Promise of Gallatin Valley Operating Grant Page 3
persons authorized by the City to inspect and copy its books and records for the purpose
of verifying that monies provided to GRANTEE pursuant to this Agreement were used in
compliance with this Agreement and all applicable provisions of federal, state, and local
law. GRANTEE will retain such records for seven years after receipt of final payment
under this Agreement unless permission to destroy them is granted by the City.
GRANTEE shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
6. Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all
required permits, licenses and approvals, and will meet all requirements of all local, state
and federal laws, rules and regulations which must be obtained or met in connection with
the Project.
7. Independent Contractor Status. The parties agree that GRANTEE, its agents,
employees, contractors, or subcontractors, are independent contractors for purposes of
this Agreement and are not to be considered employees or agents of the City for any
purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are 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.
GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
8. Default and Termination. If GRANTEE fails to comply with any condition of this
Agreement at the time or in the manner provided for, the City may terminate this
Agreement if the default is not cured within fifteen (15) days after written notice is
provided to GRANTEE. The notice will set forth the items to be cured. If this
Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any
Grant funds already delivered to GRANTEE for the Project.
9. Limitation on GRANTEE’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by GRANTEE under this Agreement,
GRANTEE’s damages shall be limited to contract damages and GRANTEE
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 GRANTEE wants to assert a claim for damages of any kind or nature,
GRANTEE must first 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 ninety (90) days of the facts and
circumstances giving rise to the claim. In the event GRANTEE fails to provide
such notice, GRANTEE shall waive all rights to assert such claim.
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FY 2023 Grant Agreement – Family Promise of Gallatin Valley Operating Grant Page 4
10. Representatives
a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall be the City’s Finance Director, Melissa Hodnett, or such other
individual as City may designate in writing. Whenever approval or authorization
from or communication or submission to City is required by this Agreement, such
communication or submission must be directed to the City’s Representative and
approvals or authorizations will be issued only by such Representative; provided,
however, that in exigent circumstances when City’s Representative is not
available, GRANTEE may direct its communication or submission to other
designated City personnel or agents and may receive approvals or authorization
from such persons.
b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of
this Agreement shall be Christel Chvilicek or such other individual as GRANTEE
designates in writing. Whenever direction to or communication with GRANTEE
is required by this Agreement, such direction or communication must be directed
to GRANTEE’s Representative; provided, however, that in exigent circumstances
when GRANTEE’s Representative is not available, City may direct its direction
or communication to other designated GRANTEE personnel or agents.
11. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law,
GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third party claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, which arise out of, relate to or result from
GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct.
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). GRANTEE’s indemnification obligations under this Section shall be
without regard to and without any right to contribution from any insurance maintained by
City.
Should any indemnitee described herein be required to bring an action against
GRANTEE to assert its right to defense or indemnification under this Agreement or
under GRANTEE’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
GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the
indemnitee for a claim(s) or any portion(s) thereof.
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FY 2023 Grant Agreement – Family Promise of Gallatin Valley Operating Grant Page 5
In the event of an action filed against City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
GRANTEE also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or
property arising from, 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.
In addition to and independent from the above, GRANTEE shall at GRANTEE’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 GRANTEE in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this
Section unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the
City and GRANTEE 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
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional insured on a primary non-contributory basis on the Commercial General
Liability policy. 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.
The City must approve all insurance coverage and endorsements prior to delivery of
Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of
GRANTEE’s receipt of notice that any required insurance coverage will be terminated or
GRANTEE’s decision to terminate any required insurance coverage for any reason.
12. Nondiscrimination, Equal Pay. GRANTEE agrees that all hiring by GRANTEE of
persons performing this Grant Agreement shall be on the basis of merit and
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FY 2023 Grant Agreement – Family Promise of Gallatin Valley Operating Grant Page 6
qualifications. GRANTEE will have a policy to provide equal employment opportunity
in accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. GRANTEE 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.
In addition, GRANTEE 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). GRANTEE must report to the City any violations of
the Montana Equal Pay Act that GRANTEE has been found liable for or guilty of within
30 days of such finding for violations occurring during the term of this Agreement.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
13. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
14. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents of
either party not contained in this written Agreement may be considered valid or binding.
This Agreement may not be modified except by written agreement signed by both parties.
15. 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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FY 2023 Grant Agreement – Family Promise of Gallatin Valley Operating Grant Page 7
16. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights,
including the right to Grant payments, or any other rights or duties arising hereunder,
without the prior written consent of City.
17. No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties’ intent to confer third party beneficiary rights upon any other person or entity.
18. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
19. 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.
20. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
21. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
22. 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.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indicated below.
_______________________ Date: __________
Jeff Mihelich, City Manager City of Bozeman
_______________________ Date: __________
Print name and Title:___________________________ GRANTEE Approved as to form:
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FY 2023 Grant Agreement – Family Promise of Gallatin Valley Operating Grant Page 8
_______________________ Date: __________
Greg Sullivan, City Attorney City of Bozeman
52
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FY 2023 Grant Agreement – Family Promise of Gallatin Valley Operating Grant Exhibit A
Exhibit A
Grant Proposal Grant Project Overview: Family Promise of Gallatin Valley is committed to ensuring we live in a community in which every family has a home, access to quality education, and a
chance to build a better future. Family Promise of Gallatin Valley’s funding request goes
towards scholarships to 50% of the families served in Family Promise of Gallatin Valley Rising Stars Early Learning Center. Rising Stars Early Learning Center provides educational opportunities to 98 children ranging from 4 weeks old to five years old. Scholarship recipients will be only those whom do not receive the Montana Dept. of Health and Human
Services’ Best Beginnings scholarship.
In addition, Family Promise of Gallatin Valley maintain three (3) emergency shelters for families experiencing homelessness. Family Promise of Gallatin Valley is also requesting funding to support its emergency shelter operations and programs.
City Commission Award: On June 28, 2022, the Bozeman City Commission approved the grant award in the amount of $100,000.00. The City Commission did not specify the amount allocated for the scholarship and the amount allocated for the emergency services.
Grant Term: July 1, 2022 – June 30, 2023 (fiscal year 2023).
53
1
Rachel Harlow-Schalk
From:Julie Hunter
Sent:Friday, March 18, 2022 2:46 PM
To:Rachel Harlow-Schalk; Jeff Mihelich
Subject:FW: *NEW SUBMISSION* - Outside Entity Budget Requests
Budget request from Family Promise.
From: webadmin@bozeman.net <webadmin@bozeman.net>
Sent: Friday, March 18, 2022 2:16 PM
To: Julie Hunter <JHunter@BOZEMAN.NET>
Subject: *NEW SUBMISSION* ‐ Outside Entity Budget Requests
A new entry to a form/survey has been submitted.
Form Name: Outside Entity Budget Requests
Date & Time: 03/18/2022 2:15 PM
Response #: 19
Submitter ID: 49593
IP address: 69.163.94.6
Time to complete: 10 min. , 34 sec.
Survey Details
Page 1
1. Entity Name
Family Promise of Gallatin Valley
2. Entity's Physical Address
Street Address 1603 Tschache Lane
Unit # Not answered
City Bozeman
Postal/Zip Code 59718
State Montana
3. Number of Years of Operation as a Non‐Profit Organization
16
4. Link to Most Recent Annual Financial Report
https://www.familypromisegv.org/_files/ugd/1c23dd_151bad4b97ad402292d7cf5c75a5dc62.pdf
5. Dollar Amount Requested for the Fiscal Year
$150,000
54
2
6. Description of the Funding Request in Relation to the Strategic Plan and/or Citizen Benefit
Purpose of Organization: At Family Promise of Gallatin Valley (FPGV), we are committed to ensuring we live in a community
in which every family has a home, access to quality education, and a chance to build a better future. We truly believe that
no child’s future should be defined by their economic and/or housing status. FPGV works holistically with each individual
family to address the underlying conditions of why they are experiencing homelessness – whether it is prevention services
before families reach crisis, shelter and case management when they become homeless, or stabilization programs for once
they have secured housing. As our community grows and housing costs rise, so do the number of families in need. Between
2019 and 2021, the total number of people served by FPGV has increased by 685%. With the median home price listed in
Gallatin County at over $800,000 this is no surprise, especially when you add in the rising costs of other variables like
childcare. We are currently living in a community where it is more expensive to send your child to childcare than to MSU.
FPGV recently completed construction and inhabitation of a new 18,300 square foot community building. On the bottom
floor is Family Promise's Rising Stars Early Learning Center. At full capacity, Rising Stars will provide childcare and
educational opportunities to 96 children, ages 4 weeks to 5 years of age, from families of all income levels, because FPGV
believes high quality childcare is essential not only for the success of families in our community, but for our economy as
well. The top floor will house Bozeman's only year‐around Family Resource Center for families experiencing homelessness.
This new space will provide families with the ability to cook and store food, do laundry, shower, work on computers for
resource searches and job opportunities, work on family success goals with our case managers, and provide amazing
opportunities for kids to do what they do best, which is to play. In addition, FPGV maintains three emergency shelter
locations and 10 transitional housing units. Funding Request: FPGV is proud to be the sole Family Promise in the United
States to offer an Early Learning Center to our community. Rising Stars will offer high quality STEM based education to 96
children ranging in age from 4 weeks to 5 years of age. Rising Stars is a play‐based, sensory‐guided center utilizing
cooperative techniques to foster each child’s inner drive for learning and to uncover their innate strengths and abilities.
Families in Gallatin County should never have to choose between paying their rent or paying for high quality childcare.
Currently, Gallatin Valley is experiencing a childcare crisis where care is available for 1 out of every 3 children, which is
driving high costs and waitlists of 12‐24 months. In 2021, 70% of the families in Family Promise of Gallatin Valley’s shelter
program were led by single mothers. After paying for housing, there is little left for childcare, food, and other essential
expenses. Although scholarships are available through Best Beginnings, a program through the Montana Department of
Health and Humans Services for families at or below 185% of the Federal Poverty Guidelines, only 24% of all families in
Montana that apply, receive services due to strict eligibility guidelines. That is where FPGV will work to fill the gap, by
providing scholarships to 50% of the families served in Rising Stars who do not qualify for assistance through Best
Beginnings. To determine scholarship eligibility, families are required to fill out a one page scholarship application that
outlines their current needs, including filling out a budget worksheet that includes both income and expenses. Each family is
then assigned a case manager who works alongside each family to determine truly what their budget can afford for
childcare. A family success plan is then implemented based on needs and goals. Every 3 months, the family’s budget is then
reviewed to determine if changes in their scholarship amount can be made based upon the success of each family’s goals.
When someone is experiencing homelessness, the first 3 months childcare is often provided at no cost, while they work to
get on a path of self‐sustainability. FPGV has a goal to raise $45,000 each year to cover scholarships of families in need at
Rising Stars. FPGV is asking the City of Bozeman for $25,000 to help cover this need in our community. Providing childcare
scholarships is an economic investment that will help address homelessness, housing challenges, and our community’s
workforce. While many organizations shut down during COVID, FPGV increased our services. FPGV went from being able to
serve 4 families in shelter at a time to serving 18 families at a time, by partnering with St. James Episcopal Church and HRDC.
Even with this increase, FPGV has not been able to keep up with the demand. Each week we field 5‐10 phone calls of
families looking for shelter. Last year, FPGV served 54 families in shelter, totaling 191 individuals. Of these 54 families, 82%
graduated from our shelter program ‐ meaning they secured housing, child care, employment, and transportation. All of this
was accomplished with an average stay in shelter of 70 days. Last year, FPGV was fortunate to receive funding of over
$280,000 through the City of Bozeman’s American Rescue Plan Act, which allowed FPGV to more than triple our shelter bed
space. To keep up with the demand and to continue to serve this increase in families seeking emergency shelter, FPGV is
asking for support of $125,000. As stated in the City of Bozeman’s strategic plan, your goal is to work with community
partners to identify needs, develop, and appropriately fund a comprehensive strategy for addressing mental health,
substance abuse and addiction, homelessness, and housing challenges. Our request of support of $150,000 for both our
childcare scholarships and family shelter definitely fits this goal. Partnering together, will ensure that a minimum of 100
families will be given the tools to succeed in our community.
7. Other Entities Funding has been Requested From AND Other Partners Assisting with Funding Entity (List up to three)
#1 Name Gianforte Family Foundation
55
3
Amount $ 35,000
#2 Name Cross Charitable Foundation
Amount $ 35,000
#3 Name Yellowston Community Foundation
Amount $ 30,000
8. Contact Information for Entity
First Name Christel
Last Name Chvilicek
Phone Number (406) 582‐7388
Email Address cchvilicek@familypromisegv.org
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
56
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FY 2023 Grant Agreement – Haven Advocacy Program Page 1
CITY OF BOZEMAN GRANT AGREEMENT
Haven Advocacy Program
THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and
between the City of Bozeman, Montana, a self-governing municipal corporation operating
pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave.,
Bozeman MT 59771 (“City”) as GRANTOR and Haven, a non-profit organization located at
P.O. Box 752, Bozeman, Montana 59771 as GRANTEE.
WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity;
and
WHEREAS, on March 17, 2022 Haven submitted a proposal to the City Commission for a grant
of $30,000.00 for the continued funding of Haven’s advocacy program that pays for 100% of the
overnight advocates and 50% of the weekend advocates (the “Project”) that would benefit from
the City funding; and
WHEREAS, the City Commission may make grants of money for public purposes pursuant to
Sect. 7-1-4124(9), MCA; and
WHEREAS, the City Commission determines the granting of funds under this Agreement is for
a public purpose benefitting the community by working with partners to identify needs, develop,
and appropriately fund a comprehensive strategy for addressing mental health, substance abuse
and addiction, homelessness, and housing challenges, as stated the City of Bozeman’s Strategic
Plan (3.2c); and
WHEREAS, on June 28, 2022, the Commission appropriated $30,000.00 for the Project.
THE PARTIES AGREE:
1. The Grant. The City will grant and release to GRANTEE a sum of up to thirty thousand
dollars ($30,000.00) from its General Fund (the “Grant”) pursuant to the payment terms
in Section 3.
2. Use of Grant Funds. Grant funds in the amount of up to thirty thousand dollars
($30,000.00) will be used by GRANTEE for the sole purpose of funding of Haven’s
advocacy program that pays for 100% of the overnight advocates and 50% of the
weekend advocates as described in the proposal submitted by GRANTEE to the City
Commission, attached hereto as Exhibit A and by this reference incorporated herein.
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FY 2023 Grant Agreement – Haven Advocacy Program Page 2
3. Payment of Grant Funds
a. GRANTEE may request the Grant funds during the fiscal year ending June 30,
2023 as needed by providing proof of expenses paid. Acceptable forms of proof
of payment shall be as determined in the sole discretion of the City’s Director of
Finance.
b. Unless otherwise approved by the Director of Finance, any funds from the Grant
not awarded during the fiscal year ending June 30, 2023 will remain in the City’s
General Fund and will be available for other appropriation.
c. The City will have no obligation to pay any Grant funds unless at the time of the
request for payment (i) all of GRANTEE’s representations as set forth in Section
4 are true and correct, and (ii) GRANTEE is not in breach of any term of this
Agreement. If any of the above conditions are not satisfied in sole the
determination of the City, the City shall have no obligation to make payment and
the City’s determination to refrain from paying, or its inability to pay, any of the
Grant funds shall not be or result in a default of this Agreement.
4. Grantee Representations
a. GRANTEE has familiarized itself with the nature and extent of this Agreement
and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect GRANTEE’s performance under
this Agreement.
b. GRANTEE represents and warrants to City that it has the experience and ability
to perform its obligations under this Agreement; that it will perform said
obligations 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 for
GRANTEE to meet this warranty.
c. GRANTEE represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Project.
5. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE,
GRANTEE will provide to the City a formal written report that includes, at a minimum,
the proof of expenses paid. GRANTEE agrees to develop and/or provide such other
documentation as requested by the City demonstrating GRANTEE’s compliance with the
requirements of this Agreement. GRANTEE must allow the City, its auditors, and other
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FY 2023 Grant Agreement – Haven Advocacy Program Page 3
persons authorized by the City to inspect and copy its books and records for the purpose
of verifying that monies provided to GRANTEE pursuant to this Agreement were used in
compliance with this Agreement and all applicable provisions of federal, state, and local
law. GRANTEE will retain such records for seven years after receipt of final payment
under this Agreement unless permission to destroy them is granted by the City.
GRANTEE shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
6. Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all
required permits, licenses and approvals, and will meet all requirements of all local, state
and federal laws, rules and regulations which must be obtained or met in connection with
the Project.
7. Independent Contractor Status. The parties agree that GRANTEE, its agents,
employees, contractors, or subcontractors, are independent contractors for purposes of
this Agreement and are not to be considered employees or agents of the City for any
purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are 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.
GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
8. Default and Termination. If GRANTEE fails to comply with any condition of this
Agreement at the time or in the manner provided for, the City may terminate this
Agreement if the default is not cured within fifteen (15) days after written notice is
provided to GRANTEE. The notice will set forth the items to be cured. If this
Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any
Grant funds already delivered to GRANTEE for the Project.
9. Limitation on GRANTEE’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by GRANTEE under this Agreement,
GRANTEE’s damages shall be limited to contract damages and GRANTEE
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 GRANTEE wants to assert a claim for damages of any kind or nature,
GRANTEE must first 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 ninety (90) days of the facts and
circumstances giving rise to the claim. In the event GRANTEE fails to provide
such notice, GRANTEE shall waive all rights to assert such claim.
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FY 2023 Grant Agreement – Haven Advocacy Program Page 4
10. Representatives
a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall be the City’s Finance Director, Melissa Hodnett, or such other
individual as City may designate in writing. Whenever approval or authorization
from or communication or submission to City is required by this Agreement, such
communication or submission must be directed to the City’s Representative and
approvals or authorizations will be issued only by such Representative; provided,
however, that in exigent circumstances when City’s Representative is not
available, GRANTEE may direct its communication or submission to other
designated City personnel or agents and may receive approvals or authorization
from such persons.
b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of
this Agreement shall be Sydni Scrofani or such other individual as GRANTEE
designates in writing. Whenever direction to or communication with GRANTEE
is required by this Agreement, such direction or communication must be directed
to GRANTEE’s Representative; provided, however, that in exigent circumstances
when GRANTEE’s Representative is not available, City may direct its direction
or communication to other designated GRANTEE personnel or agents.
11. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law,
GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third party claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, which arise out of, relate to or result from
GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct.
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). GRANTEE’s indemnification obligations under this Section shall be
without regard to and without any right to contribution from any insurance maintained by
City.
Should any indemnitee described herein be required to bring an action against
GRANTEE to assert its right to defense or indemnification under this Agreement or
under GRANTEE’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
GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the
indemnitee for a claim(s) or any portion(s) thereof.
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FY 2023 Grant Agreement – Haven Advocacy Program Page 5
In the event of an action filed against City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
GRANTEE also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or
property arising from, 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.
In addition to and independent from the above, GRANTEE shall at GRANTEE’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 GRANTEE in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this
Section unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the
City and GRANTEE 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
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional insured on a primary non-contributory basis on the Commercial General
Liability policy. 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.
The City must approve all insurance coverage and endorsements prior to delivery of
Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of
GRANTEE’s receipt of notice that any required insurance coverage will be terminated or
GRANTEE’s decision to terminate any required insurance coverage for any reason.
12. Nondiscrimination, Equal Pay. GRANTEE agrees that all hiring by GRANTEE of
persons performing this Grant Agreement shall be on the basis of merit and
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FY 2023 Grant Agreement – Haven Advocacy Program Page 6
qualifications. GRANTEE will have a policy to provide equal employment opportunity
in accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. GRANTEE 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.
In addition, GRANTEE 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). GRANTEE must report to the City any violations of
the Montana Equal Pay Act that GRANTEE has been found liable for or guilty of within
30 days of such finding for violations occurring during the term of this Agreement.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
13. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
14. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents of
either party not contained in this written Agreement may be considered valid or binding.
This Agreement may not be modified except by written agreement signed by both parties.
15. 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.
62
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FY 2023 Grant Agreement – Haven Advocacy Program Page 7
16. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights,
including the right to Grant payments, or any other rights or duties arising hereunder,
without the prior written consent of City.
17. No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties’ intent to confer third party beneficiary rights upon any other person or entity.
18. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
19. 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.
20. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
21. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
22. 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.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indicated below.
_______________________ Date: __________
Jeff Mihelich, City Manager City of Bozeman
_______________________ Date: __________
Print name and Title:___________________________ GRANTEE Approved as to form:
63
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FY 2023 Grant Agreement – Haven Advocacy Program Page 8
_______________________ Date: __________
Greg Sullivan, City Attorney City of Bozeman
64
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FY 2023 Grant Agreement – Haven Advocacy Program Exhibit A
Exhibit A
Grant Proposal Grant Project Overview: Haven’s mission is to reduce the incidence, and minimizing the impact of, domestic abuse on families and communities. In furtherance of this mission,
Haven provides emergency shelter, a 24-hour support line, legal advocacy, individual
counseling, and support groups to survivors of domestic violence, sexual assault, dating violence, sex trafficking, and stalking. Haven’s funding request is to cover employment costs of all of the overnight advocates, and half of the weekend advocates.
City Commission Award: On June 28, 2022, the Bozeman City Commission approved the
grant award in the amount of $30,000.00. This grant award must be used to fund all of the overnight advocate positions and half of the weekend advocate positions at Haven. Grant Term: July 1, 2022 – June 30, 2023 (fiscal year 2023).
65
1
Rachel Harlow-Schalk
From:Julie Hunter
Sent:Thursday, March 17, 2022 12:29 PM
To:Rachel Harlow-Schalk; Jeff Mihelich
Subject:FW: *NEW SUBMISSION* - Outside Entity Budget Requests - HAVEN
Budget request from Haven.
From: webadmin@bozeman.net <webadmin@bozeman.net>
Sent: Thursday, March 17, 2022 12:12 PM
To: Julie Hunter <JHunter@BOZEMAN.NET>
Subject: *NEW SUBMISSION* ‐ Outside Entity Budget Requests
A new entry to a form/survey has been submitted.
Form Name: Outside Entity Budget Requests
Date & Time: 03/17/2022 12:11 PM
Response #: 11
Submitter ID: 49559
IP address: 71.15.212.152
Time to complete: 16 min. , 29 sec.
Survey Details
Page 1
1. Entity Name
Haven
2. Entity's Physical Address
Street Address PO Box 752
Unit # Not answered
City Bozeman
Postal/Zip Code 59771
State Montana
3. Number of Years of Operation as a Non‐Profit Organization
43
4. Link to Most Recent Annual Financial Report
https://havenmt.org/new‐page‐1?rq=audit
5. Dollar Amount Requested for the Fiscal Year
30,000
66
2
6. Description of the Funding Request in Relation to the Strategic Plan and/or Citizen Benefit
Haven’s request for funding relates directly to the City of Bozeman’s vision statement which encompasses “A safe,
welcoming community.” For 43 years, Haven has been committed to reducing the incidence and minimizing the impact of
domestic abuse on families and communities. We provide emergency shelter, a 24‐hour support line, legal advocacy,
individual counseling, and support groups to survivors of domestic violence, sexual assault, dating violence, sex trafficking,
and stalking. Haven also works to end the cycle of violence by creating an engaged community through our teen dating
violence prevention, a survivor speakers' bureau, and other community education programs. We recognize that one
organization alone will never end an epidemic as widespread as domestic violence. Much of Haven’s success hinges on
collaborations and we must engage all members of our community as allies in supporting survivors and holding abusers
accountable. Since the City of Bozeman partnered with Haven to issue a mayoral proclamation against domestic violence,
Haven remains grateful for the City’s continued dedication to funding Haven’s growing advocacy in its annual budget. The
City of Bozeman’s leadership on the issue of domestic violence speaks volumes about how our community is taking
ownership of the issue. Last year, 1,069 survivors accessed a wide range of Haven's services; 392 sought help through our
legal advocacy office; 75 found emotional support through counseling and support groups. Haven's support line rang an
incredible 6,047 times—an increase of 18% over the previous year’s record‐breaking numbers—averaging 17 times a day.
Haven provided shelter to 168 survivors in Haven's emergency shelter or hotels for a total of 3,022 bed nights. Haven
educated 2,890 community members—including 1,655 teens. Haven respectfully requests that the City of Bozeman
continue funding Haven’s advocacy program at the previous level of $30,000. This funding pays for 100% of the overnight
advocates and 50% of the weekend advocates. These advocates ensure that survivors’ calls are answered 24‐hours a day,
seven days a week on Haven’s support line. They provide support and transportation to survivors in shelter, help find short‐
term hotel rooms for survivors needing a place to stay when shelter is full, get rooms ready for new residents, and see to
other shelter requirements. Thank you for considering this request and we look forward to our continued partnership as we
work to ensure a community knowledgeable about domestic abuse, fully engaged and committed to the safety and well‐
being of its members.
7. Other Entities Funding has been Requested From AND Other Partners Assisting with Funding Entity (List up to three)
#1 Name Montana Bureau of Crime Control, Victims of Crime Act
Amount $ 11,735 for Weekend Advocates salary + fringe, pending award
#2 Name Otto Bremer Trust
Amount $ 70,000 for unrestricted gen ops, pending award
#3 Name Mysun Charitable Foundation
Amount $ 10,000 for unrestricted gen ops, pending award
8. Contact Information for Entity
First Name Sydni
Last Name Scrofani
Phone Number (406) 586‐7689
Email Address sydni@havenmt.org
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
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FY 2023 Grant Agreement – HRDC Streamline Page 1
CITY OF BOZEMAN GRANT AGREEMENT
HRDC Streamline
THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and
between the City of Bozeman, Montana, a self-governing municipal corporation operating
pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave.,
Bozeman MT 59771 (“City”) as GRANTOR and HRDC, a non-profit organization located at 32
South Tracy, Bozeman, Montana 59715 as GRANTEE.
WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity;
and
WHEREAS, on Match 17, 2022, HRDC submitted a proposal to the City Commission for a grant
of $400,000.00 for operational costs to provide transportation services through Streamline (the
“Project”) that would benefit from the City funding; and
WHEREAS, the City Commission may make grants of money for public purposes pursuant to
Sect. 7-1-4124(9), MCA; and
WHEREAS, the City Commission determines the granting of funds under this Agreement is for
a public purpose benefitting the community by supporting a livable, affordable, more connected
city, as detailed in the City of Bozeman’s Strategic Plan (4.0); and
WHEREAS, on June 28, 2022, the Commission appropriated $400,000.00 for the Project.
THE PARTIES AGREE:
1. The Grant. The City will grant and release to GRANTEE a sum of up to four hundred
thousand dollars ($400,000.00) from its General Fund (the “Grant”) pursuant to the
payment terms in Section 3.
2. Use of Grant Funds. Grant funds in the amount of up to four hundred thousand dollars
($400,000.00) will be used by GRANTEE for the sole purpose of funding operational
costs to provide transportation services through Streamline as described in the proposal
submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by
this reference incorporated herein.
3. Payment of Grant Funds
a. GRANTEE may request the Grant funds during the fiscal year ending June 30,
2023 as needed by providing proof of expenses paid. Acceptable forms of proof
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FY 2023 Grant Agreement – HRDC Streamline Page 2
of payment shall be as determined in the sole discretion of the City’s Director of
Finance.
b. Unless otherwise approved by the Director of Finance, any funds from the Grant
not awarded during the fiscal year ending June 30, 2023 will remain in the City’s
General Fund and will be available for other appropriation.
c. The City will have no obligation to pay any Grant funds unless at the time of the
request for payment (i) all of GRANTEE’s representations as set forth in Section
4 are true and correct, and (ii) GRANTEE is not in breach of any term of this
Agreement. If any of the above conditions are not satisfied in sole the
determination of the City, the City shall have no obligation to make payment and
the City’s determination to refrain from paying, or its inability to pay, any of the
Grant funds shall not be or result in a default of this Agreement.
4. Grantee Representations
a. GRANTEE has familiarized itself with the nature and extent of this Agreement
and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect GRANTEE’s performance under
this Agreement.
b. GRANTEE represents and warrants to City that it has the experience and ability
to perform its obligations under this Agreement; that it will perform said
obligations 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 for
GRANTEE to meet this warranty.
c. GRANTEE represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Project.
5. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE,
GRANTEE will provide to the City a formal written report that includes, at a minimum,
the proof of expenses paid. GRANTEE agrees to develop and/or provide such other
documentation as requested by the City demonstrating GRANTEE’s compliance with the
requirements of this Agreement. GRANTEE must 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 monies provided to GRANTEE pursuant to this Agreement were used in
compliance with this Agreement and all applicable provisions of federal, state, and local
law. GRANTEE will retain such records for seven years after receipt of final payment
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FY 2023 Grant Agreement – HRDC Streamline Page 3
under this Agreement unless permission to destroy them is granted by the City.
GRANTEE shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
6. Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all
required permits, licenses and approvals, and will meet all requirements of all local, state
and federal laws, rules and regulations which must be obtained or met in connection with
the Project.
7. Independent Contractor Status. The parties agree that GRANTEE, its agents,
employees, contractors, or subcontractors, are independent contractors for purposes of
this Agreement and are not to be considered employees or agents of the City for any
purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are 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.
GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
8. Default and Termination. If GRANTEE fails to comply with any condition of this
Agreement at the time or in the manner provided for, the City may terminate this
Agreement if the default is not cured within fifteen (15) days after written notice is
provided to GRANTEE. The notice will set forth the items to be cured. If this
Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any
Grant funds already delivered to GRANTEE for the Project.
9. Limitation on GRANTEE’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by GRANTEE under this Agreement,
GRANTEE’s damages shall be limited to contract damages and GRANTEE
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 GRANTEE wants to assert a claim for damages of any kind or nature,
GRANTEE must first 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 ninety (90) days of the facts and
circumstances giving rise to the claim. In the event GRANTEE fails to provide
such notice, GRANTEE shall waive all rights to assert such claim.
10. Representatives
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FY 2023 Grant Agreement – HRDC Streamline Page 4
a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall be the City’s Finance Director, Melissa Hodnett, or such other
individual as City may designate in writing. Whenever approval or authorization
from or communication or submission to City is required by this Agreement, such
communication or submission must be directed to the City’s Representative and
approvals or authorizations will be issued only by such Representative; provided,
however, that in exigent circumstances when City’s Representative is not
available, GRANTEE may direct its communication or submission to other
designated City personnel or agents and may receive approvals or authorization
from such persons.
b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of
this Agreement shall be Sunshine Ross or such other individual as GRANTEE
designates in writing. Whenever direction to or communication with GRANTEE
is required by this Agreement, such direction or communication must be directed
to GRANTEE’s Representative; provided, however, that in exigent circumstances
when GRANTEE’s Representative is not available, City may direct its direction
or communication to other designated GRANTEE personnel or agents.
11. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law,
GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third party claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, which arise out of, relate to or result from
GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct.
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). GRANTEE’s indemnification obligations under this Section shall be
without regard to and without any right to contribution from any insurance maintained by
City.
Should any indemnitee described herein be required to bring an action against
GRANTEE to assert its right to defense or indemnification under this Agreement or
under GRANTEE’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
GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the
indemnitee for a claim(s) or any portion(s) thereof.
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FY 2023 Grant Agreement – HRDC Streamline Page 5
In the event of an action filed against City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
GRANTEE also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or
property arising from, 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.
In addition to and independent from the above, GRANTEE shall at GRANTEE’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 GRANTEE in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this
Section unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the
City and GRANTEE 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
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional insured on a primary non-contributory basis on the Commercial General
Liability policy. 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.
The City must approve all insurance coverage and endorsements prior to delivery of
Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of
GRANTEE’s receipt of notice that any required insurance coverage will be terminated or
GRANTEE’s decision to terminate any required insurance coverage for any reason.
12. Nondiscrimination, Equal Pay. GRANTEE agrees that all hiring by GRANTEE of
persons performing this Grant Agreement shall be on the basis of merit and
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FY 2023 Grant Agreement – HRDC Streamline Page 6
qualifications. GRANTEE will have a policy to provide equal employment opportunity
in accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. GRANTEE 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.
In addition, GRANTEE 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). GRANTEE must report to the City any violations of
the Montana Equal Pay Act that GRANTEE has been found liable for or guilty of within
30 days of such finding for violations occurring during the term of this Agreement.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
13. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
14. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents of
either party not contained in this written Agreement may be considered valid or binding.
This Agreement may not be modified except by written agreement signed by both parties.
15. 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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FY 2023 Grant Agreement – HRDC Streamline Page 7
16. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights,
including the right to Grant payments, or any other rights or duties arising hereunder,
without the prior written consent of City.
17. No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties’ intent to confer third party beneficiary rights upon any other person or entity.
18. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
19. 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.
20. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
21. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
22. 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.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indicated below.
_______________________ Date: __________
Jeff Mihelich, City Manager City of Bozeman
_______________________ Date: __________
Print name and Title:___________________________ GRANTEE Approved as to form:
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FY 2023 Grant Agreement – HRDC Streamline Page 8
_______________________ Date: __________
Greg Sullivan, City Attorney City of Bozeman
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FY 2023 Grant Agreement – HRDC Streamline Exhibit A
Exhibit A
Grant Proposal Grant Project Overview: HRDC’s mission is to provide mobility services and alternatives
to single-occupancy vehicles in southwest Montana through the use of Streamline bus
service. This funding request is for Streamline’s operational costs. City Commission Award: On June 28, 2022, the Bozeman City Commission approved the grant award in the amount of $400,000.00. This grant award must be used for the sole
purpose of funding operational costs to provide transportation services through Streamline.
Grant Term: July 1, 2022 – June 30, 2023 (fiscal year 2023).
76
1
Rachel Harlow-Schalk
From:Julie Hunter
Sent:Thursday, March 17, 2022 12:33 PM
To:Rachel Harlow-Schalk; Jeff Mihelich
Subject:FW: *NEW SUBMISSION* - Outside Entity Budget Requests - HRDC/Streamline
Budget request from HRDC/Streamline.
From: webadmin@bozeman.net <webadmin@bozeman.net>
Sent: Thursday, March 17, 2022 12:30 PM
To: Julie Hunter <JHunter@BOZEMAN.NET>
Subject: *NEW SUBMISSION* ‐ Outside Entity Budget Requests
A new entry to a form/survey has been submitted.
Form Name: Outside Entity Budget Requests
Date & Time: 03/17/2022 12:29 PM
Response #: 12
Submitter ID: 49561
IP address: 72.174.92.178
Time to complete: 45 min. , 45 sec.
Survey Details
Page 1
1. Entity Name
HRDC/Streamline
2. Entity's Physical Address
Street Address 32 South Tracy Avenue
Unit # Not answered
City Bozeman
Postal/Zip Code 59715
State Montana
3. Number of Years of Operation as a Non‐Profit Organization
47
4. Link to Most Recent Annual Financial Report
https://thehrdc.org/wp‐content/uploads/2021/06/HRDC‐Audit‐Report‐FYE‐06.30.20.pdf
5. Dollar Amount Requested for the Fiscal Year
$400,000
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2
6. Description of the Funding Request in Relation to the Strategic Plan and/or Citizen Benefit
The Transit Development Plan (TDP) released last year positions Streamline to proactively adapt to the growth and change
in our community. Robust investments in public transit will help the City achieve goals outlined in the Strategic Plan.
Streamline specifically supports Vision 4.0 A Well‐Planned City, by supporting a livable, affordable, more connected city. For
example, investments in public transportation 1) drive economic development, 2) provide access to educational, vocational,
and social opportunities, 3) improve overall health and wellness, and 4) create a well‐connected, inclusive, and thriving
community. With regards to a well‐planned city, Streamline helps the City achieve Goal 4.2 High Quality Urban Approach by
providing greater connectivity to trails, parks, and more opportunities for walking and biking. Streamline also plays an
important coordination/partnership role in the City’s approach to Strategic Infrastructure Choices (Goal 4.3) and preparation
for a Metropolitan Planning Organization (Goal 4.3f). Furthermore, Streamline is critical to the City achieving Goal 4.5
Housing and Transportation Choices (improve mobility options that accommodate all travel modes). For most households,
transportation is the second largest annual expense behind housing costs. It is critical to keep housing and transportation
integrated in planning efforts to promote accessibility, equity, and affordability. In addition to supporting efforts to create a
well‐planned city, Streamline also supports Strategic Plan Vision 6.0 A Sustainable Environment, specifically with regards to
Goal 6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) Emissions. Transportation is the only
category that showed negative progress from the last climate plan; thus much more work needs to be done in this area. The
Climate Action Plan identifies Diverse and Accessible Transportation Options as one of the actionable solutions, specifically
Solution J: Increase Walking, Bicycling, Carpooling, and Use of Transit. Streamline helps build a “Sustainable Environment”
by taking more vehicles off the road, by reducing overall carbon emissions, and by advocating for the addition of an electric
and/or alternative fuel bus to the overall fleet. Streamline has a positive impact on Bozeman’s overall Greenhouse Gas
Emissions as identified in the Bozeman Climate Plan and will support the goals outlined in multiple city plans, including the
Triangle Plan, Downtown Bozeman Plan, Transportation Master Plan, and the Bozeman Community Plan. Additionally, HRDC
knows that when you have a good transit system it helps foster solutions for the housing crisis, overall community health,
inclusivity, equity, and diversity, therefore, it should be considered as part of the infrastructure of the community. Transit
should also be a part of the conversations around Investment in infrastructure. Aside from Streamline’s role in addressing
traffic congestion and parking shortages, another way that Streamline has a direct benefit to all citizens is by providing
convenient access to health care facilities. Accessing healthcare was noted as one of the three main issues identified in the
Gaps Analysis for Equity Indicators Project. Access to health care provides opportunities and resources needed to improve
and maintain ones health. The American Hospital Association (AHA) Task Force recommends “that access to a baseline level
of high‐quality, safe, and effective services should be preserved and protected within all communities”, they go on to list
transportation as one of the essential health care services to ensure that care is equitable and works to eliminate disparities.
The Equity Indicators Report found that Streamline has a role in diversity, equity, and inclusion within our community. It
states “An equitable transit system must consider the holistic transit rider…” The Streamline routes were recently
redesigned and this included a great deal of public input. The new routes now provide bi‐directional service, an additional
route connecting the west side of town, and increased hours of operation in the evenings and particularly on the weekend
days. Streamline has increased its visibility by installing more than 100 new bus stop signs with route indicators, increasing
access to the service. The Streamline website and bus schedules and routes are now available in Spanish and customized
travel training opportunities and infographics have been created for those with limited English skills. Streamline values the
City for its continued partnership in support of public transit in the greater Bozeman area. This long‐standing partnership
will help address some of the most critically important issues our community faces now and in the future. Thank you for
considering this request and we look forward to working together to help the City of Bozeman reach the goals identified in
the Strategic Plan.
7. Other Entities Funding has been Requested From AND Other Partners Assisting with Funding Entity (List up to three)
#1 Name Montana Department of Transportation
Amount $ $1,447,895
#2 Name MSU's President's Office
Amount $ $161,000 (including $50,000 from parking funds)
#3 Name Associated Students of MSU
Amount $ $250,000 (estimated, tied to enrollment numbers)
8. Contact Information for Entity
First Name Sunshine
Last Name Ross
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3
Phone Number (406) 587‐2434
Email Address sross@thehrdc.org
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
79
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FY 2023 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 1
CITY OF BOZEMAN GRANT AGREEMENT
Suffer Out Loud Mental Health Care Scholarship
THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and
between the City of Bozeman, Montana, a self-governing municipal corporation operating
pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave.,
Bozeman MT 59771 (“City”) as GRANTOR and Suffer Out Loud, a non-profit organization
located at 1303 Wildflower Way, Bozeman, Montana 59715 as GRANTEE.
WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity;
and
WHEREAS, Suffer Our Loud submitted a proposal to the City Commission for a grant of
$30,000.00 to fund the Mental Health Care Scholarship in the amount of $15,000.00 and general
operating costs in the amount of $15,000.00 that would benefit from the City funding; and
WHEREAS, the City Commission may make grants of money for public purposes pursuant to
Sect. 7-1-4124(9), MCA; and
WHEREAS, the City Commission determines the granting of funds under this Agreement is for
a public purpose benefitting the community by supporting services provided by a non-profit
organization to those at-risk of suicide in accordance with the City of Bozeman’s Strategic Plan
(3.2) to strengthen community service networks; and
WHEREAS, on June 28, 2022, the Commission appropriated $15,000.00 to fund the Mental
Health Care Scholarship (the “Project”).
THE PARTIES AGREE:
1. The Grant. The City will grant and release to GRANTEE a sum of up to fifteen
thousand dollars ($15,000.00) from its General Fund (the “Grant”) pursuant to the
payment terms in Section 3.
2. Use of Grant Funds. Grant funds in the amount of up to fifteen thousand dollars
($15,000.00) will be used by GRANTEE for the sole purpose of funding the Mental
Health Care Scholarship as described in the proposal submitted by GRANTEE to the City
Commission, attached hereto as Exhibit A and by this reference incorporated herein.
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FY 2023 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 2
3. Payment of Grant Funds
a. GRANTEE may request the Grant funds during the fiscal year ending June 30,
2023 as needed by providing proof of expenses paid. Acceptable forms of proof
of payment shall be as determined in the sole discretion of the City’s Director of
Finance.
b. Unless otherwise approved by the Director of Finance, any funds from the Grant
not awarded during the fiscal year ending June 30, 2023 will remain in the City’s
General Fund and will be available for other appropriation.
c. The City will have no obligation to pay any Grant funds unless at the time of the
request for payment (i) all of GRANTEE’s representations as set forth in Section
4 are true and correct, and (ii) GRANTEE is not in breach of any term of this
Agreement. If any of the above conditions are not satisfied in sole the
determination of the City, the City shall have no obligation to make payment and
the City’s determination to refrain from paying, or its inability to pay, any of the
Grant funds shall not be or result in a default of this Agreement.
4. Grantee Representations
a. GRANTEE has familiarized itself with the nature and extent of this Agreement
and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect GRANTEE’s performance under
this Agreement.
b. GRANTEE represents and warrants to City that it has the experience and ability
to perform its obligations under this Agreement; that it will perform said
obligations 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 for
GRANTEE to meet this warranty.
c. GRANTEE represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Project.
5. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE,
GRANTEE will provide to the City a formal written report that includes, at a minimum,
the proof of expenses paid. GRANTEE agrees to develop and/or provide such other
documentation as requested by the City demonstrating GRANTEE’s compliance with the
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FY 2023 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Page 3
requirements of this Agreement. GRANTEE must 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 monies provided to GRANTEE pursuant to this Agreement were used in
compliance with this Agreement and all applicable provisions of federal, state, and local
law. GRANTEE will retain such records for seven years after receipt of final payment
under this Agreement unless permission to destroy them is granted by the City.
GRANTEE shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
6. Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all
required permits, licenses and approvals, and will meet all requirements of all local, state
and federal laws, rules and regulations which must be obtained or met in connection with
the Project.
7. Independent Contractor Status. The parties agree that GRANTEE, its agents,
employees, contractors, or subcontractors, are independent contractors for purposes of
this Agreement and are not to be considered employees or agents of the City for any
purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are 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.
GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
8. Default and Termination. If GRANTEE fails to comply with any condition of this
Agreement at the time or in the manner provided for, the City may terminate this
Agreement if the default is not cured within fifteen (15) days after written notice is
provided to GRANTEE. The notice will set forth the items to be cured. If this
Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any
Grant funds already delivered to GRANTEE for the Project.
9. Limitation on GRANTEE’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by GRANTEE under this Agreement,
GRANTEE’s damages shall be limited to contract damages and GRANTEE
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 GRANTEE wants to assert a claim for damages of any kind or nature,
GRANTEE must first 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 ninety (90) days of the facts and
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circumstances giving rise to the claim. In the event GRANTEE fails to provide
such notice, GRANTEE shall waive all rights to assert such claim.
10. Representatives
a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall be the City’s Finance Director, Melissa Hodnett, or such other
individual as City may designate in writing. Whenever approval or authorization
from or communication or submission to City is required by this Agreement, such
communication or submission must be directed to the City’s Representative and
approvals or authorizations will be issued only by such Representative; provided,
however, that in exigent circumstances when City’s Representative is not
available, GRANTEE may direct its communication or submission to other
designated City personnel or agents and may receive approvals or authorization
from such persons.
b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of
this Agreement shall be Cassie Jackson or such other individual as GRANTEE
designates in writing. Whenever direction to or communication with GRANTEE
is required by this Agreement, such direction or communication must be directed
to GRANTEE’s Representative; provided, however, that in exigent circumstances
when GRANTEE’s Representative is not available, City may direct its direction
or communication to other designated GRANTEE personnel or agents.
11. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law,
GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third party claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, which arise out of, relate to or result from
GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct.
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). GRANTEE’s indemnification obligations under this Section shall be
without regard to and without any right to contribution from any insurance maintained by
City.
Should any indemnitee described herein be required to bring an action against
GRANTEE to assert its right to defense or indemnification under this Agreement or
under GRANTEE’s applicable insurance policies required below the indemnitee shall be
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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
GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the
indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
GRANTEE also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or
property arising from, 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.
In addition to and independent from the above, GRANTEE shall at GRANTEE’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 GRANTEE in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this
Section unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the
City and GRANTEE 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
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional insured on a primary non-contributory basis on the Commercial General
Liability policy. 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.
The City must approve all insurance coverage and endorsements prior to delivery of
Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of
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GRANTEE’s receipt of notice that any required insurance coverage will be terminated or
GRANTEE’s decision to terminate any required insurance coverage for any reason.
12. Nondiscrimination, Equal Pay. GRANTEE agrees that all hiring by GRANTEE of
persons performing this Grant Agreement shall be on the basis of merit and
qualifications. GRANTEE will have a policy to provide equal employment opportunity
in accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. GRANTEE 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.
In addition, GRANTEE 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). GRANTEE must report to the City any violations of
the Montana Equal Pay Act that GRANTEE has been found liable for or guilty of within
30 days of such finding for violations occurring during the term of this Agreement.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
13. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
14. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents of
either party not contained in this written Agreement may be considered valid or binding.
This Agreement may not be modified except by written agreement signed by both parties.
15. 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.
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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.
16. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights,
including the right to Grant payments, or any other rights or duties arising hereunder,
without the prior written consent of City.
17. No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties’ intent to confer third party beneficiary rights upon any other person or entity.
18. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
19. 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.
20. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
21. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
22. 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.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indicated below.
_______________________ Date: __________
Jeff Mihelich, City Manager City of Bozeman
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_______________________ Date: __________
Print name and Title:___________________________ GRANTEE Approved as to form:
_______________________ Date: __________
Greg Sullivan, City Attorney City of Bozeman
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FY 2023 Grant Agreement – Suffer Out Loud Mental Health Care Scholarship Exhibit A
Exhibit A
Grant Proposal Grant Project Overview: Suffer Out Loud is committed to reducing Montana’s suicide rate
and shifting the stigma around mental health. Suffer Out Loud’s funding request for $30,000
is to use towards its Mental Health Care Scholarship. These funds will also go towards general operating expenses. City Commission Award: On June 28, 2022, the Bozeman City Commission approved the
grant award in the amount of $15,000.00. This grant award must be used solely for the
purpose of funding the Mental Health Care Scholarship. Grant Term: July 1, 2022 – June 30, 2023 (fiscal year 2023).
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1. Entity Name
Suffer Out Loud
2. Entity's Physical Address
Street Address 1303 Wildflower Way
Unit # Not answered
City Bozeman
Postal/Zip Code 59715
State Montana
3. Number of Years of Operation as a Non-Profit Organization
5
4. Link to Most Recent Annual Financial Report
https://drive.google.com/file/d/1-k6fpR8uJRIQhpTsoMx7L_sTE_8brwYi/view?usp=sharing
5. Dollar Amount Requested for the Fiscal Year
$30,000
6. Description of the Funding Request in Relation to the Strategic Plan and/or Citizen Benefit
Suffer Out Loud is a nonprofit organization based in Bozeman and is committed to reducing Montana suicide
rate and shifting the stigma around mental health, one conversation—and one life—at a time. For the past
30 years, Montana has had one of the highest suicide rates in the nation. Several factors are believed to
contribute to this, including social isolation, lack of behavioral health services, and a persistent stigma
surrounding mental illness. Cassie Jackson, who lost her sister to suicide in 2008, founded Suffer Out Loud in
2017 to address all three of these factors. Our programs are designed to connect Montanans with credible
behavioral health resources, to make mental healthcare available to those who cannot afford it, and to
create a community in which mental health struggles are discussed honestly, openly, and without judgment.
Suffer Out Loud’s core initiative is our Counseling Scholarship Program. Through this program, we offer
scholarships that cover 12 sessions with a licensed mental health professional free of charge for at-risk
individuals who cannot afford such services without our financial assistance. Since our inception in 2017,
Suffer Out Loud has granted Counseling Scholarships to over 30 individuals. With the increase in need for
mental health services as a result of Covid-19, we are aiming to provide at least 20 additional scholarships by
the end of 2022. Applications are open to the general public, and we often receive referrals from providers
whose clients are struggling to pay for their services. Scholarships are provided on a rolling and as-needed
basis. Suffer Out Loud also reaches the community through: (1) resource distribution, including postcards
and brochures with information on mental health resources that are distributed to individuals, businesses,
schools, and other organizations around the Gallatin Valley; (2) free workshops that are welcoming to both
adults and children, such as art therapy, animal therapy, and socially distanced get-togethers in Bozeman; (3)
well-engaged social media accounts on Instagram and Facebook; (4) an interactive and continually updated
website and blog that features personal and inspiring stories about mental illness; and (5) supporting
sponsored events that promote education and awareness about mental health and suicide, such as the Run
for Your Life 5K and Kids’ Run, proceeds from which benefit the Bozeman suicide hotline operated through
the Help Center. Suffer Out Loud is requesting $15,000 in funding for use towards our high demand Mental
Health Care Scholarship. The majority of our beneficiaries are located in Bozeman and we are happy to
utilize the funding from this grant for scholarships to Bozeman citizens. We are also requesting $15,000
towards general operating expenses that includes, but is not limited to: staff and contractor expenses,
workshop expenses, and printing and mailing of resources. Your support would allow us to better serve the
Bozeman community and extend our support and services to those at-risk of suicide. Our services and
mission aligns with Bozeman’s Strategic Plan in many ways. One of the areas that Suffer out Loud aligns with
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your goal “1.4 Business and Institutional Partnerships - Explore opportunities for partnerships with key
business groups and non-profit organizations” is because we are a non-profit organization that works to
reduce the suicide and stigma associatted with mental illness in the Bozeman area. We will promote a
healthier living environment for all that reside here. Next, we are deeply aligned with your goal to “3.2 a)
Strengthen Community Service Networks. Hire an employee to coordinate and strengthen existing
community networks for those with mental health, substance abuse and addiction, and housing challenges.”.
Our mission is to reduce the stigma associated with mental health and reduce suicides in Montana. We
would be happy to work with the City of Bozeman to strengthen existing community networks so we can
reduce the risk of suicide in Bozeman. We fully believe that when your comprehensive strategy is developed
it will include ways to partner with Suffer Out Loud to support mental health improvements in Bozeman. We
appreciate your support of local nonprofits through this grant. Thank you for your time!
7. Other Entities Funding has been Requested From AND Other Partners Assisting with Funding Entity (List
up to three)
#1 Name MJ Murdock Charitable Trust
Amount $ 120,500
#2 Name City of Bozeman Covid Relief Funds
Amount $ 15,000
#3 Name NorthWestern Energy
Amount $ 1,500
8. Contact Information for Entity
First Name Cassie
Last Name Jackson
Phone Number (406) 262-3702
Email Address info@sufferoutloud.org
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FY 2023 Grant Agreement – Help Center Community Educator Page 1
CITY OF BOZEMAN GRANT AGREEMENT
Help Center Community Educator
THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and
between the City of Bozeman, Montana, a self-governing municipal corporation operating
pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave.,
Bozeman MT 59771 (“City”) as GRANTOR and Help Center, a non-profit organization located
at 421 East Peach Street, Bozeman, Montana 59715 as GRANTEE.
WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity;
and
WHEREAS, on March 17, 2022, Help Center submitted a proposal to the City Commission for a
grant of $36,118 to fund the personnel costs (salary, taxes, and benefits) for a Community
Educator position at .5 FTE that would benefit from the City funding; and
WHEREAS, the City Commission may make grants of money for public purposes pursuant to
Sect. 7-1-4124(9), MCA; and
WHEREAS, the City Commission determines the granting of funds under this Agreement is for
a public purpose benefitting the community by investing in the outreach and educational efforts
as identified in the City of Bozeman’s Strategic Plan (3.2c), specifically for individuals in crisis;
and
WHEREAS, on June 28, 2022, the Commission appropriated $20,000.00 (the “Project”).
THE PARTIES AGREE:
1. The Grant. The City will grant and release to GRANTEE a sum of up to twenty
thousand dollars ($20,000.00) from its General Fund (the “Grant”) pursuant to the
payment terms in Section 3.
2. Use of Grant Funds. Grant funds in the amount of up to twenty thousand dollars
($20,000.00) will be used by GRANTEE for the sole purpose of funding the personnel
costs (salary, taxes, and benefits) for a Community Educator position at up to .5 FTE as
described in the proposal submitted by GRANTEE to the City Commission, attached
hereto as Exhibit A and by this reference incorporated herein.
3. Payment of Grant Funds
a. GRANTEE may request the Grant funds during the fiscal year ending June 30,
2023 as needed by providing proof of expenses paid. Acceptable forms of proof
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FY 2023 Grant Agreement – Help Center Community Educator Page 2
of payment shall be as determined in the sole discretion of the City’s Director of
Finance.
b. Unless otherwise approved by the Director of Finance, any funds from the Grant
not awarded during the fiscal year ending June 30, 2023 will remain in the City’s
General Fund and will be available for other appropriation.
c. The City will have no obligation to pay any Grant funds unless at the time of the
request for payment (i) all of GRANTEE’s representations as set forth in Section
4 are true and correct, and (ii) GRANTEE is not in breach of any term of this
Agreement. If any of the above conditions are not satisfied in sole the
determination of the City, the City shall have no obligation to make payment and
the City’s determination to refrain from paying, or its inability to pay, any of the
Grant funds shall not be or result in a default of this Agreement.
4. Grantee Representations
a. GRANTEE has familiarized itself with the nature and extent of this Agreement
and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect GRANTEE’s performance under
this Agreement.
b. GRANTEE represents and warrants to City that it has the experience and ability
to perform its obligations under this Agreement; that it will perform said
obligations 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 for
GRANTEE to meet this warranty.
c. GRANTEE represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Project.
5. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE,
GRANTEE will provide to the City a formal written report that includes, at a minimum,
the proof of expenses paid. GRANTEE agrees to develop and/or provide such other
documentation as requested by the City demonstrating GRANTEE’s compliance with the
requirements of this Agreement. GRANTEE must 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 monies provided to GRANTEE pursuant to this Agreement were used in
compliance with this Agreement and all applicable provisions of federal, state, and local
law. GRANTEE will retain such records for seven years after receipt of final payment
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under this Agreement unless permission to destroy them is granted by the City.
GRANTEE shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
6. Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all
required permits, licenses and approvals, and will meet all requirements of all local, state
and federal laws, rules and regulations which must be obtained or met in connection with
the Project.
7. Independent Contractor Status. The parties agree that GRANTEE, its agents,
employees, contractors, or subcontractors, are independent contractors for purposes of
this Agreement and are not to be considered employees or agents of the City for any
purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are 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.
GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
8. Default and Termination. If GRANTEE fails to comply with any condition of this
Agreement at the time or in the manner provided for, the City may terminate this
Agreement if the default is not cured within fifteen (15) days after written notice is
provided to GRANTEE. The notice will set forth the items to be cured. If this
Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any
Grant funds already delivered to GRANTEE for the Project.
9. Limitation on GRANTEE’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by GRANTEE under this Agreement,
GRANTEE’s damages shall be limited to contract damages and GRANTEE
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 GRANTEE wants to assert a claim for damages of any kind or nature,
GRANTEE must first 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 ninety (90) days of the facts and
circumstances giving rise to the claim. In the event GRANTEE fails to provide
such notice, GRANTEE shall waive all rights to assert such claim.
10. Representatives
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a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall be the City’s Finance Director, Melissa Hodnett, or such other
individual as City may designate in writing. Whenever approval or authorization
from or communication or submission to City is required by this Agreement, such
communication or submission must be directed to the City’s Representative and
approvals or authorizations will be issued only by such Representative; provided,
however, that in exigent circumstances when City’s Representative is not
available, GRANTEE may direct its communication or submission to other
designated City personnel or agents and may receive approvals or authorization
from such persons.
b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of
this Agreement shall be Mandy St. Aubyn or such other individual as GRANTEE
designates in writing. Whenever direction to or communication with GRANTEE
is required by this Agreement, such direction or communication must be directed
to GRANTEE’s Representative; provided, however, that in exigent circumstances
when GRANTEE’s Representative is not available, City may direct its direction
or communication to other designated GRANTEE personnel or agents.
11. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law,
GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third party claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, which arise out of, relate to or result from
GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct.
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). GRANTEE’s indemnification obligations under this Section shall be
without regard to and without any right to contribution from any insurance maintained by
City.
Should any indemnitee described herein be required to bring an action against
GRANTEE to assert its right to defense or indemnification under this Agreement or
under GRANTEE’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
GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the
indemnitee for a claim(s) or any portion(s) thereof.
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In the event of an action filed against City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
GRANTEE also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or
property arising from, 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.
In addition to and independent from the above, GRANTEE shall at GRANTEE’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 GRANTEE in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this
Section unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the
City and GRANTEE 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
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional insured on a primary non-contributory basis on the Commercial General
Liability policy. 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.
The City must approve all insurance coverage and endorsements prior to delivery of
Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of
GRANTEE’s receipt of notice that any required insurance coverage will be terminated or
GRANTEE’s decision to terminate any required insurance coverage for any reason.
12. Nondiscrimination, Equal Pay. GRANTEE agrees that all hiring by GRANTEE of
persons performing this Grant Agreement shall be on the basis of merit and
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qualifications. GRANTEE will have a policy to provide equal employment opportunity
in accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. GRANTEE 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.
In addition, GRANTEE 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). GRANTEE must report to the City any violations of
the Montana Equal Pay Act that GRANTEE has been found liable for or guilty of within
30 days of such finding for violations occurring during the term of this Agreement.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
13. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
14. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents of
either party not contained in this written Agreement may be considered valid or binding.
This Agreement may not be modified except by written agreement signed by both parties.
15. 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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FY 2023 Grant Agreement – Help Center Community Educator Page 7
16. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights,
including the right to Grant payments, or any other rights or duties arising hereunder,
without the prior written consent of City.
17. No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties’ intent to confer third party beneficiary rights upon any other person or entity.
18. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
19. 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.
20. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
21. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
22. 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.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indicated below.
_______________________ Date: __________
Jeff Mihelich, City Manager City of Bozeman
_______________________ Date: __________
Print name and Title:___________________________ GRANTEE Approved as to form:
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FY 2023 Grant Agreement – Help Center Community Educator Page 8
_______________________ Date: __________
Greg Sullivan, City Attorney City of Bozeman
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FY 2023 Grant Agreement – Help Center Community Educator Exhibit A
Exhibit A
Grant Proposal Grant Project Overview: Help Center, Inc. provides crisis counseling, advocacy, information, outreach, support, and services to individuals in Bozeman. Help Center’s
funding request is for personnel costs (salary, taxes, and benefits) to help fund a Community
Educator position at up to .5 FTE. City Commission Award: On June 28, 2022, the Bozeman City Commission approved the grant award in the amount of $20,000.00 to help fund a Community Educator position at up
to .5 FTE.
Grant Term: July 1, 2022 – June 30, 2023 (fiscal year 2023).
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Memorandum
REPORT TO:City Commission
FROM:Suzy Ryan, Engineer II
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to sign a Utility Easement with GKT Bozeman,
LLC for the Texas Roadhouse Site Plan (22140)
MEETING DATE:October 4, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Utility Easement with GKT Bozeman,
LLC for the Texas Roadhouse Site Plan (22140).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Utility Easement
Report compiled on: September 20, 2022
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Memorandum
REPORT TO:City Commission
FROM:Alicia Paz-Solis, Engineer I
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to sign a Public Street and Utility Easement (2),
Temporary Fill Slope Easement, Public Access and Utility Easement, Water
Pipeline and Access Easement and Agreement, Storm Drainage Easement,
Public Utility Easement, Park Easement, Sewer and Water Pipeline and
Access Easement and Agreement, Irrigation Easement, Public Access
Easements, Temporary Water Pipeline and Access Easement and Agreement
with Bozeman Haus Two LCC and Buffalo Run Bozeman LLC, for the
Homestead at Buffalo Run (21424)
MEETING DATE:October 4, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Public Street and Utility Easement (2),
Temporary Fill Slope Easement, Public Access and Utility Easement, Water
Pipeline and Access Easement and Agreement, Storm Drainage Easement,
Public Utility Easement, Park Easement, Sewer and Water Pipeline and
Access Easement and Agreement, Irrigation Easement, Public Access
Easements, Temporary Water Pipeline and Access Easement and Agreement
with Bozeman Haus Two LCC and Buffalo Run Bozeman LLC, for the
Homestead at Buffalo Run (21424)
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Irrigation Easement
Park Easement
Public Access and Utility Easement
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Public Access Easements
Public Street and Utility Easement(2)
Public Street and Utility Easement
Public Utility Easement
Sewer and Water Pipeline and Access Easement and
Agreement
Storm Drainage Easement
Temporary Fill Slope Easement
Temporary Water Pipeline and Access Easement and
Agreement
Water Pipeline and Access Easement and Agreement
Report compiled on: September 22, 2022
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Memorandum
REPORT TO:City Commission
FROM:Karl Johnson, Engineer II
Nicholas Ross, Director of Transportation and Engineering
SUBJECT: Authorize the City Manager to sign a Public Street and Utility Easement with
Bon Ton Inc, for the Allison Amended Plat Subdivision Exemption (22004)
MEETING DATE:October 4, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION: Authorize the City Manager to sign a Public Street and Utility Easement with
Bon Ton Inc, for the Allison Amended Plat Subdivision Exemption (22004).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS:None
Attachments:
Public Street and Utility Easement
Report compiled on: September 20, 2022
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Memorandum
REPORT TO:City Commission
FROM:Gamradt
SUBJECT:Authorize the City Manager to sign a Temporary Construction Permit with
Whitefish LP II and the Cannery District Property Owners Association for
work on the 2022 CIPP Sewer Project
MEETING DATE:October 4, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Temporary Construction Permit with
Whitefish LP II and the Cannery District Property Owners Association for
work on the 2022 CIPP Sewer Project
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The City has identified a section of 21-inch gravity sewer main in poor
structural condition beginning near the northeast corner of Walmart’s
Property off of North 7th Avenue and ending at a 30-inch trunk sewer main
connection in Rouse Avenue near the Lehrkinds Propety. This sewer main
was installed in 1969 and crosses under the railroad tracks (MRL), interstate
90 (MDOT), along Evergreen Drive (COB), and thru the Lehrkinds Property.
In order to complete a rehabilitation of this pipeline, MRL has asked that the
City expose the existing sewer main casing where it crosses the railroad
tracks to perform a visual inspection of the casing. The temporary access
agreements attached to this consent item will allow the City to access this
area to perform the work.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:There is no cost associated with these access agreements
Attachments:
EX_WhitefishII_MOA_TCE.pdf
EX_Cannery_MOA_TCE.pdf
EX_Westlake_MOA_TCE.pdf
EX_Westlake_Walmart_MOA_TCE.pdf
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Report compiled on: September 16, 2022
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Memorandum
REPORT TO:City Commission
FROM:John Van Delinder, Streets Superintendent
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to sign a Construction Agreement with Western
Systems to build the communication network for city signals
MEETING DATE:October 4, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Construction Agreement with Western
Systems to build the communication network for city signals.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City of Bozeman Traffic and Engineering Department’s Sign and Signal
Division has the need to monitor all of our traffic signals at a central location.
With this network, we will be able to monitor detection, analytics and
controllers. Currently we drive to the signal every time we need data or to
make an adjustment and then we watch to see the impact where with this
system that could all be done at the City shops. The installation of this
network has been coordinated with our IT Department. Quotes were
received from two qualified vendors and Western Systems was the lowest
most responsible quote.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Cost of this project is $64,278.54 to be funded from the Street Department
Capital Improvement Plan in FY23 for STR124.
Attachments:
Construction Agreement
Exhibit A
Notice of Award
Report compiled on: September 21, 2022
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CONSTRUCTION AGREEMENT
This Construction Agreement is made and entered into this _____ day of ____________, 202__ (“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, Western Systems, 1122 Industry
Street, Bldg. B, Everett, WA 98203, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the covenants, agreements, representations, and warranties contained
herein, the parties agree as follows:
1. Work to be Performed: a. A description of the work to be performed is to build the communication
network to monitor all of our traffic signals at a central location. With this network, we
will be able to monitor detection, analytics and controllers. Currently we drive to the signal every time we need data or to make an adjustment and then we watch to see the impact where with this system that could all be done at the City shops. The installation of this network has been coordinated with our IT Department. (the “Construction Project”) and
Contractor’s duties is set forth in the Scope of Services attached hereto as Exhibit A and
by this reference made a part hereof, and in the drawings, plans, and specifications provided by the City, which are included in the Scope of Services attached hereto as Exhibit A. b. Prior to the commencement of any work on the Construction Project,
Contractor’s representatives and City’s representatives shall hold a meeting to establish a
working understanding among the parties as to the scope of the Construction Project and duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding issues related to the plans, designs, drawings, and specifications. If the parties are unable to resolve these issues and the City fails, refuses, or is unable to approve the same, no work
shall commence on the Construction Project until such issues are resolved and the City
approves the related plans, designs, drawings, and specifications. c. Except as provided elsewhere in this Agreement, Contractor shall furnish all the labor, materials, equipment, tools, and services necessary to perform and complete
the Construction Project.
d. During work on the Construction Project, and as part of the final completion of the Construction Project, Contractor shall clean up the Project site, including the removal and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the
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performance of any other work necessary to restore the site to at least as good order and
condition as at the commencement of the Construction Project.
2. City-Supplied Materials: The City may supply materials from time to time in furtherance of the Construction Project. Such materials will be noted as an addendum to this Agreement.
3. Time of Performance: Contractor shall begin the Construction Project after receiving a Notice to Proceed from City and shall complete the Construction Project no later than 12/30/2022. Time is of the essence of completion of all work and each phase of the Construction Project.
4. Liquidated Damages: If the Construction Project is not completed within the time provided by this Agreement, the City may deduct for each day the Construction Project remains uncompleted the sum of Five Hundred Dollars ($500.00) from the compensation hereinafter specified and retain that sum as payment for liquidated damages sustained by reason of the
Contractor’s failure to complete the Construction Project on time.
5. Compensation: a. City shall pay to Contractor, and Contractor shall accept as full payment for
the performance of this Agreement and the Construction Project, the amount of sixty four
thousand, two hundred seventy eight and 54/100 Dollars ($64,278.54). b. If work not included within the original Construction Documents is requested by City, such additional work and the related compensation shall be agreed to in
writing by both parties prior to commencement of the additional work (“Change Order”).
c. City shall retain five percent (5%) of the total amount of compensation to be paid to the Contractor to ensure compliance with the terms and conditions of this Agreement and the timely completion of the Construction Project and any and all “punch
list” items (“Retainage Amount”). The Retainage Amount shall be paid to Contractor thirty
(30) days after the City’s final acceptance of the portion of work for which a separate price is stated in the specifications for the Construction Project. e. Upon acceptance of final payment and for other good and valuable
consideration, Contractor shall and hereby does release and forever discharge City, its
officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or the Construction Project that Contractor may have or assert against City, its
officers, agents, and employees.
6. Inspection and Testing:
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a. City has the right to inspect and test any and all work performed by
Contractor on the Construction Project. Contractor shall allow City and its agents access
to the Construction Project at all times and shall provide every reasonable facility for the purpose of such inspection and testing, including temporarily discontinuing portions of the work or uncovering or taking down portions of the finished work. Any inspection and testing performed by the City and its agents is for the sole benefit of the City and shall not
relieve the Contractor of its duty, responsibility, and obligation to ensure that the work
strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City’s inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Construction Project. City’s inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the
Contractor under this Agreement.
b. Contractor shall, without charge, replace any material or correct any work found by the City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. In the event Contractor fails to replace or correct any
defective work or materials after reasonable written notice by the City to do so, the City
may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation.
7. Partial Utilization of Construction Project: City shall have the right to use or
occupy any portion of the Construction Project that City and Contractor mutually agree is substantially completed and constitutes a separately functioning and usable part of the Construction Project for its intended purpose without significant interference with Contractor’s performance of the remaining portions of the Construction Project. In the event City takes
possession of any portion of the Construction Project, such possession shall not be deemed an
acceptance of the Construction Project, in whole or in part. City’s use of any portion of the Construction Project shall not be grounds for extensions of any construction deadlines or a change in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the total Construction Project and not from the date the City may take possession of selected portions
of the Construction Project.
8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude City, through its own employees or by contract with any third party, from performing other work related to the Construction Project at the construction site; provided such related work is not
otherwise addressed in this Agreement and provided such related work does not otherwise interfere
with Contractor’s performance of this Agreement or the completion of the Construction Project. Contractor shall afford any City employee, agent or representative, or any third party under contract with the City to perform the related work, proper and safe access to the construction site, a reasonable opportunity for the introduction and storage of materials and equipment, the
opportunity to perform the related work, and shall properly coordinate the Contractor’s work on
the Construction Project with the related work. 9. Contractor’s Warranties: Contractor represents and warrants as follows:
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a. Unless otherwise specified by the terms of this Agreement, all materials and
equipment used by Contractor on the Construction Project shall be new and where not
otherwise specified, of the most suitable grade for their intended uses. b. All workmanship and materials shall be of a kind and nature acceptable to the City.
c. All equipment, materials, and labor provided to, on, or for the Construction Project must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work on the Construction Project and ending one (1) year from the final completion and acceptance by the City of
the Construction Project, regardless of whether such equipment, materials, or labor were
supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers. Other express warranties on materials that provide for a warranty period longer than one year apply for the period of that express warranty and are not reduced by this provision. Upon receipt of City’s written notice of a defective or nonconforming condition during the
warranty period, Contractor shall take all actions, including redesign and replacement, to
correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and
nonconforming conditions for a period of an additional one (1) year from the date of City’s
acceptance of the corrective action. d. Contractor and its sureties are liable for the satisfaction and full performance of all warranties.
e. Contractor shall give its personal attention to the faithful prosecution of the completion of the Construction Project and Contractor, or its duly authorized representative assigned to serve as the Construction Project Manager, shall be personally present at the site of the Construction Project during working hours for the term of this Agreement until
the completion of the Construction Project.
f. Contractor shall have a complete, accurate, and up-to-date set of construction plans, drawings, and specifications on site at all times.
g. Contractor has examined all available records and made field examinations
of the site of the Construction Project. Contractor has knowledge of the field conditions to be encountered during the Construction Project. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market.
h. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times.
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i. All work must be performed at Contractor’s risk, and Contractor shall
promptly repair or replace all damage and loss at its sole cost and expense regardless of the
reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City.
j. Contractor is responsible for any loss or damage to materials, tools, or other
articles used or held for use in the completion of performance of the Construction Project. k. Contractor’s performance must be without damage or disruption to any other work or property of the City or of others and without interference with the operation
of existing machinery or equipment.
l. Title to all work, materials, and equipment covered by any payment of Contractor’s compensation by City, whether directly incorporated into the Construction Project or not, passes to City at the time of payment, free and clear of all liens and
encumbrances.
10. Delays and Extensions of Time: If Contractor’s performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any
such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of
the termination of such delay, give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the fault or negligence of the Contractor, then the City will determine the total duration of the delay
and extend the time for performance of the Agreement accordingly. Unless the delay is caused by
the intentional interference of the City with the Contractor’s performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein provided by reason of any delays.
11. Suspension:
a. The City may, by written notice to the Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set
forth the time of suspension, if then known to the City. During the period of suspension,
Contractor shall use its best efforts to minimize costs associated with the suspension. b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to
the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts
for materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and (4)
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continue to protect and maintain the Project, including those portions on which work has
been suspended.
c. As compensation for the suspended work, Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, and to the extent that such costs directly resulted from the suspension: (1) a standby charge paid during the
period of suspension which will be sufficient to compensate Contractor for keeping, to the
extent required in the Notice of Suspension, Contractor’s organization and equipment committed to the Project in standby status; (2) all reasonably incurred costs for the demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable amount to reimburse Contractor for the cost to protect and maintain the Project during the
period of suspension; and (4) an equitable adjustment in the cost of performing the
remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Construction Project has increased or decreased.
d. Upon receipt of written notice by the City to resume the suspended work
(“Notice to Resume Work”), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 11(c) shall be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised
Construction Schedule for the City’s review and approval. Contractor’s failure to timely
make such a claim shall result in a waiver of the claim. e. No compensation described in Section 11(c) shall be paid and no extension of time to complete the Construction Project shall be granted if the suspension results from
Contractor’s non-compliance with or breach of the terms or requirements of this
Agreement. 12. 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 Construction Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over
the Construction Project and complete it, either with its own resources or by re-letting the
contract to any other third party, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be necessary for the completion of the Construction Project.
b. In the event of a termination pursuant to this Section 12, Contractor shall be
entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment until the Construction Project has been completed. Upon completion of the Construction Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City
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of completing the work, including all costs paid to any subcontractors or third parties
retained by the City to complete the Construction Project and all administrative costs
resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay the difference, plus interest at the rate applicable to court judgments, to the City.
c. Any termination provided for by this Section 12 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 12, 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. 13. 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 work on the Construction Project, 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 work on the
Construction Project, discontinue placing orders for materials, supplies, and equipment for
the Construction Project, and make every reasonable effort to 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, in progress, or in transit to the construction site.
c. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs
for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any
materials that City is obligated to purchase from Contractor will remain the City’s sole property. d. The compensation described in Section 13(c) is the sole compensation due
to Contractor for its performance of this Agreement. Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination.
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14. 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 ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 15. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Nicholas Ross, Director of Transportation and Engineering 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 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 Jesse Lassandro, Project Manager 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.
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16. Locating Underground Facilities: Contractor shall be responsible for obtaining
and determining the location of any underground facilities, including but not limited to, the
location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities,
this fact shall be noted in writing prior to commencement of such location work.
17. 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, pay all fees
and charges in connection therewith, and perform all surveys and locations necessary for the timely
completion of the Construction Project. 18. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or
prepared by or for Contractor in contemplation of, or in the course of, or as a result of this
Agreement or work on the Construction Project, shall be promptly furnished to the City (“City Documents and Information”). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all
copyright and patent rights in and to the City Documents and Information. Neither party grants to
the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement.
19. 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. 20. 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
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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. 21. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site
of the Construction Project. 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.
22. Labor Relations:
a. In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Construction Project, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Construction
Project 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 to resume work on the Construction Project 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 work on the
Construction Project to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. b. 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.
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23. Subcontractors:
a. Contractor may employ subcontractors for any work on the Construction Project. Contractor shall provide City with a list of all subcontractors employed. b. Contractor remains fully responsible for the acts and omissions of any
subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall
remain fully responsible and liable for the timely completion of the Construction Project. c. Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of
subcontractors, and all such payments shall be used to satisfy obligations of the
Construction Project before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall
promptly pay the undisputed amount to the subcontractor and notify the subcontractor in
writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’
written notice to Contractor, may pay subcontractor by direct or joint payment.
24. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Construction Project. If the Contractor allows any indebtedness to accrue to
subcontractors or others during the progress of the work, and fails to pay or discharge the same
within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor shall immediately notify the City and shall cause the same to be discharged of record
within thirty (30) days after its filing.
25. Hazard Communication: Contractor shall comply with all hazard communication requirements dictated by the Environmental Protection Agency, the Montana Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City
ordinances. Contractor shall supply a chemical list, the associated material safety data sheets
(MSDS), and other pertinent health exposure data for chemicals that the Contractor’s, subcontractor’s or the City’s employees may be exposed to while working on City property during the course of the Construction Project. One copy of this documentation must be delivered to City to the attention of the City’s Representative. This documentation must be delivered before work
involving these chemicals may commence.
26. Accounts and Records: During the term of this Agreement and for two (2) years following the City’s final acceptance of the Construction Project, Contractor shall maintain accounts and records related to the Construction Project. Upon reasonable notice, City shall have
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the right to inspect all such accounts and records, including but not limited to, Contractor’s records,
books, correspondence, instructions, drawings, specifications, field and site notes, receipts,
invoices, bills, contracts, or other documents relating to the Construction Project. 27. Indemnification; Insurance; Bonds:
a. Contractor agrees to release, defend, indemnify, and hold harmless the City,
its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and
without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent,
reckless, or intentional misconduct of any of the Contractor’s agents.
b. 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).
c. Contractor’s indemnity under this Section shall be without regard to and
without any right to contribution from any insurance maintained by City.
d. 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.
e. 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.
f. 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.
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g. These obligations shall survive termination of this Agreement and the
services performed hereunder.
h. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or
companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed
against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown below:
• Workers’ Compensation – not less than statutory limits;
• 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;
• Products and Completed Operations – $1,000,000;
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000
annual aggregate (all owned, hired, non-owned vehicles);
• Builder’s Risk/Property Insurance at least as broad as that provided by the ISO special causes of loss form (CP10 30) naming at a minimum the City in an amount equal to greater of Contractor’s compensation or full replacement value of
the work (covering at a minimum all work, buildings, materials and equipment,
whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) on an all risk coverage basis. This
insurance must include waivers of subrogation between the City and Contractor to
the extent that damage to the Construction Project or City Hall is covered by other insurance;
• Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and
another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by the Contractor under this Agreement for the City; and (ii) the City’s and City’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of
the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate;
• Contractual Liability Insurance (covering the Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000
aggregate
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The amounts of insurance provided shall be exclusive of defense costs. The City of
Bozeman 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. i. Pursuant to the City’s authority provided for in 18-2-201(4), the Contractor shall not be required to provide bonds as required by 18-2-201(1) under this Agreement. 28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings. Contractor understands that all contractors or subcontractors
working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue.
29. 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 shall be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement. 30. Survival: Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable
law.
31. 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.
32. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach.
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33. 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.
34. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect.
35. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 36. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties. 37. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 38. 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. 38. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument. 39. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Construction Project. Contractor
may not assign to any third party other than Contractor’s subcontractors on the Construction Project, the right to receive monies due from City without the prior written consent of City. 40. Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement. 41. Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Construction Project, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or
employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the City. 42. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties
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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. 43. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby.
CITY OF BOZEMAN, MONTANA CONTRACTOR
By: _______________________________ By:
Jeff Mihelich, City Manager Print Name: Title:
APPROVED AS TO FORM: By: _______________________________ Greg Sullivan, City Attorney
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EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1
Notice of Award
Date: _______________
Project: Build a Communication Network for City Signals
Owner: City of Bozeman Owner's Contract No.:
Contract: To build a communication network for all of the city’s
traffic signals at a central location
Engineer's Project No.: Q-09100
Bidder: Western Systems
Bidder's Address: 1122 Industry Street, Bldg. B, Everett WA 98203
You are notified that your Bid dated July 7, 2022 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for Base Bid.
The Contract Price of your Contract is sixty four thousand, two hundred and seventy eight 54/100
Dollars ($64,278.54).
Four (4) copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
You must comply with the following conditions precedent within [15] days of the date you receive this
Notice of Award.
1. Deliver to the Owner Four (4) fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the
Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary
Conditions (Paragraph SC-5.01).
3. Other conditions precedent:
Deliver with the executed Contract Documents the required insurance certificates.
Failure to comply with these conditions within the time specified will entitle Owner to consider you in
default, annul this Notice of Award, and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you one fully executed
counterpart of the Contract Documents.
City of Bozeman Owner By: Authorized Signature Title Copy to Engineer
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Memorandum
REPORT TO:City Commission
FROM:John Van Delinder, Streets Superintendent
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to sign a Construction Agreement with Western
Systems for installation of Ethernet Switches in all 22 City maintained traffic
signals
MEETING DATE:October 4, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Construction Agreement with Western
Systems for installation of Ethernet Switches in all 22 City maintained traffic
signals.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City of Bozeman Transportation and Engineering Department’s Sign and
Signal Division has the need to improve operations of city-owned traffic
signals. This project will install signal equipment necessary monitor data
from signalized intersections remotely and be able to communicate back to
the signal controller. Quotes were received from two qualified vendors and
Western Systems was the lowest most responsible quote.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Cost of this project is $47,792.87 to be funded from the Street Department
Capital Improvement Plan in FY23 for STR124.
Attachments:
Construction Agreement
Exhibit A
Notice of Award
Report compiled on: September 21, 2022
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CONSTRUCTION AGREEMENT
This Construction Agreement is made and entered into this _____ day of ____________, 202__ (“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, Western Systems, 1122 Industry
Street, Bldg. B, Everett, WA 98203, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the covenants, agreements, representations, and warranties contained
herein, the parties agree as follows:
1. Work to be Performed: a. A description of the work to be performed is to monitor data from signalized
intersections remotely and be able to communicate back to the signal controller. (the
“Construction Project”) and Contractor’s duties is set forth in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof, and in the drawings, plans, and specifications provided by the City, which are included in the Scope of Services attached hereto as Exhibit A.
b. Prior to the commencement of any work on the Construction Project, Contractor’s representatives and City’s representatives shall hold a meeting to establish a working understanding among the parties as to the scope of the Construction Project and duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding
issues related to the plans, designs, drawings, and specifications. If the parties are unable
to resolve these issues and the City fails, refuses, or is unable to approve the same, no work shall commence on the Construction Project until such issues are resolved and the City approves the related plans, designs, drawings, and specifications.
c. Except as provided elsewhere in this Agreement, Contractor shall furnish
all the labor, materials, equipment, tools, and services necessary to perform and complete the Construction Project. d. During work on the Construction Project, and as part of the final completion
of the Construction Project, Contractor shall clean up the Project site, including the removal
and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of the Construction Project.
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2. City-Supplied Materials: The City may supply materials from time to time in
furtherance of the Construction Project. Such materials will be noted as an addendum to this
Agreement. 3. Time of Performance: Contractor shall begin the Construction Project after receiving a Notice to Proceed from City and shall complete the Construction Project no later than
12/30/2022. Time is of the essence of completion of all work and each phase of the Construction
Project. 4. Liquidated Damages: If the Construction Project is not completed within the time provided by this Agreement, the City may deduct for each day the Construction Project remains
uncompleted the sum of Five Hundred Dollars ($500.00) from the compensation hereinafter
specified and retain that sum as payment for liquidated damages sustained by reason of the Contractor’s failure to complete the Construction Project on time. 5. Compensation:
a. City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Construction Project, the amount of forty seven thousand, seven hundred ninety two and 87/100 Dollars ($47,792.87).
b. If work not included within the original Construction Documents is
requested by City, such additional work and the related compensation shall be agreed to in writing by both parties prior to commencement of the additional work (“Change Order”). c. City shall retain five percent (5%) of the total amount of compensation to
be paid to the Contractor to ensure compliance with the terms and conditions of this
Agreement and the timely completion of the Construction Project and any and all “punch list” items (“Retainage Amount”). The Retainage Amount shall be paid to Contractor thirty (30) days after the City’s final acceptance of the portion of work for which a separate price is stated in the specifications for the Construction Project.
e. Upon acceptance of final payment and for other good and valuable consideration, Contractor shall and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in
equity, whether now known or in the future discovered, arising from or related to this
Agreement or the Construction Project that Contractor may have or assert against City, its officers, agents, and employees. 6. Inspection and Testing:
a. City has the right to inspect and test any and all work performed by Contractor on the Construction Project. Contractor shall allow City and its agents access to the Construction Project at all times and shall provide every reasonable facility for the purpose of such inspection and testing, including temporarily discontinuing portions of the
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work or uncovering or taking down portions of the finished work. Any inspection and
testing performed by the City and its agents is for the sole benefit of the City and shall not
relieve the Contractor of its duty, responsibility, and obligation to ensure that the work strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City’s inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Construction Project. City’s inspection and
testing shall not serve to nullify, amend, or waive any warranties provided by the
Contractor under this Agreement. b. Contractor shall, without charge, replace any material or correct any work found by the City or its agents to be defective or otherwise not in compliance with the terms
and conditions of this Agreement. In the event Contractor fails to replace or correct any
defective work or materials after reasonable written notice by the City to do so, the City may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation.
7. Partial Utilization of Construction Project: City shall have the right to use or occupy any portion of the Construction Project that City and Contractor mutually agree is substantially completed and constitutes a separately functioning and usable part of the Construction Project for its intended purpose without significant interference with Contractor’s
performance of the remaining portions of the Construction Project. In the event City takes
possession of any portion of the Construction Project, such possession shall not be deemed an acceptance of the Construction Project, in whole or in part. City’s use of any portion of the Construction Project shall not be grounds for extensions of any construction deadlines or a change in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the
total Construction Project and not from the date the City may take possession of selected portions
of the Construction Project. 8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude City, through its own employees or by contract with any third party, from performing other work
related to the Construction Project at the construction site; provided such related work is not
otherwise addressed in this Agreement and provided such related work does not otherwise interfere with Contractor’s performance of this Agreement or the completion of the Construction Project. Contractor shall afford any City employee, agent or representative, or any third party under contract with the City to perform the related work, proper and safe access to the construction site,
a reasonable opportunity for the introduction and storage of materials and equipment, the
opportunity to perform the related work, and shall properly coordinate the Contractor’s work on the Construction Project with the related work. 9. Contractor’s Warranties: Contractor represents and warrants as follows:
a. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses.
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b. All workmanship and materials shall be of a kind and nature acceptable to
the City.
c. All equipment, materials, and labor provided to, on, or for the Construction Project must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work on the Construction
Project and ending one (1) year from the final completion and acceptance by the City of
the Construction Project, regardless of whether such equipment, materials, or labor were supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers. Other express warranties on materials that provide for a warranty period longer than one year apply for the period of that express warranty and are not reduced by this provision.
Upon receipt of City’s written notice of a defective or nonconforming condition during the
warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has
been corrected. Contractor warrants the corrective action taken against defective and
nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. d. Contractor and its sureties are liable for the satisfaction and full
performance of all warranties.
e. Contractor shall give its personal attention to the faithful prosecution of the completion of the Construction Project and Contractor, or its duly authorized representative assigned to serve as the Construction Project Manager, shall be personally present at the
site of the Construction Project during working hours for the term of this Agreement until
the completion of the Construction Project. f. Contractor shall have a complete, accurate, and up-to-date set of construction plans, drawings, and specifications on site at all times.
g. Contractor has examined all available records and made field examinations of the site of the Construction Project. Contractor has knowledge of the field conditions to be encountered during the Construction Project. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the
sources of such materials, and the condition of the local labor market.
h. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times.
i. All work must be performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be
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caused by an intentional or negligent act of the City, the risk of such loss shall be placed
on the City.
j. Contractor is responsible for any loss or damage to materials, tools, or other articles used or held for use in the completion of performance of the Construction Project.
k. Contractor’s performance must be without damage or disruption to any
other work or property of the City or of others and without interference with the operation of existing machinery or equipment. l. Title to all work, materials, and equipment covered by any payment of
Contractor’s compensation by City, whether directly incorporated into the Construction
Project or not, passes to City at the time of payment, free and clear of all liens and encumbrances. 10. Delays and Extensions of Time: If Contractor’s performance of this Agreement
is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including
acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of the termination of such delay, give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the
delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the
fault or negligence of the Contractor, then the City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is caused by the intentional interference of the City with the Contractor’s performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein provided by
reason of any delays.
11. Suspension: a. The City may, by written notice to the Contractor and at its convenience for
any reason, suspend the performance of all or any portion of the work to be performed on
the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set forth the time of suspension, if then known to the City. During the period of suspension, Contractor shall use its best efforts to minimize costs associated with the suspension.
b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice
requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts for materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental
agreements to the extent that they relate to the performance of the work suspended; and (4)
continue to protect and maintain the Project, including those portions on which work has been suspended.
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c. As compensation for the suspended work, Contractor will be reimbursed for
the following costs, reasonably incurred, without duplication of any item, and to the extent
that such costs directly resulted from the suspension: (1) a standby charge paid during the period of suspension which will be sufficient to compensate Contractor for keeping, to the extent required in the Notice of Suspension, Contractor’s organization and equipment committed to the Project in standby status; (2) all reasonably incurred costs for the
demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable
amount to reimburse Contractor for the cost to protect and maintain the Project during the period of suspension; and (4) an equitable adjustment in the cost of performing the remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Construction
Project has increased or decreased.
d. Upon receipt of written notice by the City to resume the suspended work (“Notice to Resume Work”), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by
Contractor for time or compensation described in Section 11(c) shall be made within fifteen
(15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised Construction Schedule for the City’s review and approval. Contractor’s failure to timely make such a claim shall result in a waiver of the claim.
e. No compensation described in Section 11(c) shall be paid and no extension
of time to complete the Construction Project shall be granted if the suspension results from Contractor’s non-compliance with or breach of the terms or requirements of this Agreement.
12. 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 Construction
Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over the Construction Project and complete it, either with its own resources or by re-letting the contract to any other third party, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be
necessary for the completion of the Construction Project.
b. In the event of a termination pursuant to this Section 12, Contractor shall be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment
until the Construction Project has been completed. Upon completion of the Construction
Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City of completing the work, including all costs paid to any subcontractors or third parties retained by the City to complete the Construction Project and all administrative costs resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to
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the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the
Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay
the difference, plus interest at the rate applicable to court judgments, to the City. c. Any termination provided for by this Section 12 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 12, 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.
13. 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 work on the Construction Project, 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 work on the Construction Project, discontinue placing orders for materials, supplies, and equipment for the Construction Project, and make every reasonable effort to 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, in progress, or in
transit to the construction site. c. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered and materials
actually purchased or which Contractor has made obligations to purchase on or before the
receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any materials that City is obligated to purchase from Contractor will remain the City’s sole property.
d. The compensation described in Section 13(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
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14. 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 ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 15. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Nicholas Ross, Director of Transportation and Engineering 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 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 Jesse Lassandro, Project Manager 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.
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16. Locating Underground Facilities: Contractor shall be responsible for obtaining
and determining the location of any underground facilities, including but not limited to, the
location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities,
this fact shall be noted in writing prior to commencement of such location work.
17. 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, pay all fees
and charges in connection therewith, and perform all surveys and locations necessary for the timely
completion of the Construction Project. 18. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or
prepared by or for Contractor in contemplation of, or in the course of, or as a result of this
Agreement or work on the Construction Project, shall be promptly furnished to the City (“City Documents and Information”). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all
copyright and patent rights in and to the City Documents and Information. Neither party grants to
the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement.
19. 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. 20. 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
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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. 21. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site
of the Construction Project. 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.
22. Labor Relations:
a. In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Construction Project, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Construction
Project 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 to resume work on the Construction Project 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 work on the
Construction Project to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. b. 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.
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23. Subcontractors:
a. Contractor may employ subcontractors for any work on the Construction Project. Contractor shall provide City with a list of all subcontractors employed. b. Contractor remains fully responsible for the acts and omissions of any
subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall
remain fully responsible and liable for the timely completion of the Construction Project. c. Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of
subcontractors, and all such payments shall be used to satisfy obligations of the
Construction Project before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall
promptly pay the undisputed amount to the subcontractor and notify the subcontractor in
writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’
written notice to Contractor, may pay subcontractor by direct or joint payment.
24. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Construction Project. If the Contractor allows any indebtedness to accrue to
subcontractors or others during the progress of the work, and fails to pay or discharge the same
within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor shall immediately notify the City and shall cause the same to be discharged of record
within thirty (30) days after its filing.
25. Hazard Communication: Contractor shall comply with all hazard communication requirements dictated by the Environmental Protection Agency, the Montana Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City
ordinances. Contractor shall supply a chemical list, the associated material safety data sheets
(MSDS), and other pertinent health exposure data for chemicals that the Contractor’s, subcontractor’s or the City’s employees may be exposed to while working on City property during the course of the Construction Project. One copy of this documentation must be delivered to City to the attention of the City’s Representative. This documentation must be delivered before work
involving these chemicals may commence.
26. Accounts and Records: During the term of this Agreement and for two (2) years following the City’s final acceptance of the Construction Project, Contractor shall maintain accounts and records related to the Construction Project. Upon reasonable notice, City shall have
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the right to inspect all such accounts and records, including but not limited to, Contractor’s records,
books, correspondence, instructions, drawings, specifications, field and site notes, receipts,
invoices, bills, contracts, or other documents relating to the Construction Project. 27. Indemnification; Insurance; Bonds:
a. Contractor agrees to release, defend, indemnify, and hold harmless the City,
its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and
without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent,
reckless, or intentional misconduct of any of the Contractor’s agents.
b. 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).
c. Contractor’s indemnity under this Section shall be without regard to and
without any right to contribution from any insurance maintained by City.
d. 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.
e. 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.
f. 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.
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g. These obligations shall survive termination of this Agreement and the
services performed hereunder.
h. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or
companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed
against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown below:
• Workers’ Compensation – not less than statutory limits;
• 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;
• Products and Completed Operations – $1,000,000;
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000
annual aggregate (all owned, hired, non-owned vehicles);
• Builder’s Risk/Property Insurance at least as broad as that provided by the ISO special causes of loss form (CP10 30) naming at a minimum the City in an amount equal to greater of Contractor’s compensation or full replacement value of
the work (covering at a minimum all work, buildings, materials and equipment,
whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) on an all risk coverage basis. This
insurance must include waivers of subrogation between the City and Contractor to
the extent that damage to the Construction Project or City Hall is covered by other insurance;
• Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and
another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by the Contractor under this Agreement for the City; and (ii) the City’s and City’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of
the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate;
• Contractual Liability Insurance (covering the Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000
aggregate
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The amounts of insurance provided shall be exclusive of defense costs. The City of
Bozeman 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. i. Pursuant to the City’s authority provided for in 18-2-201(4), the Contractor shall not be required to provide bonds as required by 18-2-201(1) under this Agreement. 28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings. Contractor understands that all contractors or subcontractors
working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue.
29. 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 shall be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement. 30. Survival: Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable
law.
31. 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.
32. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach.
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33. 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.
34. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect.
35. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 36. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties. 37. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 38. 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. 38. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument. 39. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Construction Project. Contractor
may not assign to any third party other than Contractor’s subcontractors on the Construction Project, the right to receive monies due from City without the prior written consent of City. 40. Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement. 41. Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Construction Project, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or
employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the City. 42. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties
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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. 43. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby.
CITY OF BOZEMAN, MONTANA CONTRACTOR
By: _______________________________ By:
Jeff Mihelich, City Manager Print Name: Title:
APPROVED AS TO FORM: By: _______________________________ Greg Sullivan, City Attorney
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EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1
Notice of Award
Date: _______________
Project: Install Ethernet Switches in all 22 City Maintained traffic Signals
Owner: City of Bozeman Owner's Contract No.:
Contract: To monitor data from signalized intersections remotely
and be able to communicate back to the signal controller.
Engineer's Project No.: Q-09101
Bidder: Western Systems
Bidder's Address: 1122 Industry Street, Bldg. B, Everett WA 98203
You are notified that your Bid dated July 7, 2022 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for Base Bid.
The Contract Price of your Contract is forty seven thousand, seven hundred and ninety two 87/100
Dollars ($47,792.87).
Four (4) copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
You must comply with the following conditions precedent within [15] days of the date you receive this
Notice of Award.
1. Deliver to the Owner Four (4) fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the
Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary
Conditions (Paragraph SC-5.01).
3. Other conditions precedent:
Deliver with the executed Contract Documents the required insurance certificates.
Failure to comply with these conditions within the time specified will entitle Owner to consider you in
default, annul this Notice of Award, and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you one fully executed
counterpart of the Contract Documents.
City of Bozeman Owner By: Authorized Signature Title Copy to Engineer
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Memorandum
REPORT TO:City Commission
FROM:John Van Delinder, Streets Superintendent
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to sign a Construction Agreement with Western
Systems to install a Transportation Management Center at the City Shops
MEETING DATE:October 4, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Construction Agreement with Western
Systems to install a Transportation Management Center at the City Shops.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City of Bozeman Transportation and Engineering Department’s Sign and
Signal Division has the need to monitor all of our traffic signals at the Signs
and Signals location in the Shop Complex. Western Systems will set up the
center with all the necessary equipment to give us a first class TMC. The
installation of this center has been coordinated with our IT Department.
Quotes were received from two qualified vendors and Western Systems was
the lowest most responsible quote.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS: Cost of this project is $56,109.74 to be funded from the Street Department
Capital Improvement Plan in FY23 for STR124.
Attachments:
Construction Agreement
Exhibit A
Notice of Award
Report compiled on: September 21, 2022
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CONSTRUCTION AGREEMENT
This Construction Agreement is made and entered into this _____ day of ____________, 202__ (“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, Western Systems, 1122 Industry
Street, Bldg. B, Everett, WA 98203, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the covenants, agreements, representations, and warranties contained
herein, the parties agree as follows:
1. Work to be Performed: a. A description of the work to be performed is to monitor all of our traffic
signals at the Signs and Signals location in the Shop Complex. Western Systems will set
up the center with all the necessary equipment to give us a first class TMC. The installation of this center has been coordinated with our IT Department. (the “Construction Project”) and Contractor’s duties is set forth in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof, and in the drawings, plans, and specifications
provided by the City, which are included in the Scope of Services attached hereto as Exhibit
A. b. Prior to the commencement of any work on the Construction Project, Contractor’s representatives and City’s representatives shall hold a meeting to establish a
working understanding among the parties as to the scope of the Construction Project and
duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding issues related to the plans, designs, drawings, and specifications. If the parties are unable to resolve these issues and the City fails, refuses, or is unable to approve the same, no work shall commence on the Construction Project until such issues are resolved and the City
approves the related plans, designs, drawings, and specifications.
c. Except as provided elsewhere in this Agreement, Contractor shall furnish all the labor, materials, equipment, tools, and services necessary to perform and complete the Construction Project.
d. During work on the Construction Project, and as part of the final completion of the Construction Project, Contractor shall clean up the Project site, including the removal and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the
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performance of any other work necessary to restore the site to at least as good order and
condition as at the commencement of the Construction Project.
2. City-Supplied Materials: The City may supply materials from time to time in furtherance of the Construction Project. Such materials will be noted as an addendum to this Agreement.
3. Time of Performance: Contractor shall begin the Construction Project after receiving a Notice to Proceed from City and shall complete the Construction Project no later than 12/30/2022. Time is of the essence of completion of all work and each phase of the Construction Project.
4. Liquidated Damages: If the Construction Project is not completed within the time provided by this Agreement, the City may deduct for each day the Construction Project remains uncompleted the sum of Five Hundred Dollars ($500.00) from the compensation hereinafter specified and retain that sum as payment for liquidated damages sustained by reason of the
Contractor’s failure to complete the Construction Project on time.
5. Compensation: a. City shall pay to Contractor, and Contractor shall accept as full payment for
the performance of this Agreement and the Construction Project, the amount of fifty six
thousand, one hundred nine and 74/100 Dollars ($56,109.74). b. If work not included within the original Construction Documents is requested by City, such additional work and the related compensation shall be agreed to in
writing by both parties prior to commencement of the additional work (“Change Order”).
c. City shall retain five percent (5%) of the total amount of compensation to be paid to the Contractor to ensure compliance with the terms and conditions of this Agreement and the timely completion of the Construction Project and any and all “punch
list” items (“Retainage Amount”). The Retainage Amount shall be paid to Contractor thirty
(30) days after the City’s final acceptance of the portion of work for which a separate price is stated in the specifications for the Construction Project. e. Upon acceptance of final payment and for other good and valuable
consideration, Contractor shall and hereby does release and forever discharge City, its
officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or the Construction Project that Contractor may have or assert against City, its
officers, agents, and employees.
6. Inspection and Testing:
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a. City has the right to inspect and test any and all work performed by
Contractor on the Construction Project. Contractor shall allow City and its agents access
to the Construction Project at all times and shall provide every reasonable facility for the purpose of such inspection and testing, including temporarily discontinuing portions of the work or uncovering or taking down portions of the finished work. Any inspection and testing performed by the City and its agents is for the sole benefit of the City and shall not
relieve the Contractor of its duty, responsibility, and obligation to ensure that the work
strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City’s inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Construction Project. City’s inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the
Contractor under this Agreement.
b. Contractor shall, without charge, replace any material or correct any work found by the City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. In the event Contractor fails to replace or correct any
defective work or materials after reasonable written notice by the City to do so, the City
may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation.
7. Partial Utilization of Construction Project: City shall have the right to use or
occupy any portion of the Construction Project that City and Contractor mutually agree is substantially completed and constitutes a separately functioning and usable part of the Construction Project for its intended purpose without significant interference with Contractor’s performance of the remaining portions of the Construction Project. In the event City takes
possession of any portion of the Construction Project, such possession shall not be deemed an
acceptance of the Construction Project, in whole or in part. City’s use of any portion of the Construction Project shall not be grounds for extensions of any construction deadlines or a change in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the total Construction Project and not from the date the City may take possession of selected portions
of the Construction Project.
8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude City, through its own employees or by contract with any third party, from performing other work related to the Construction Project at the construction site; provided such related work is not
otherwise addressed in this Agreement and provided such related work does not otherwise interfere
with Contractor’s performance of this Agreement or the completion of the Construction Project. Contractor shall afford any City employee, agent or representative, or any third party under contract with the City to perform the related work, proper and safe access to the construction site, a reasonable opportunity for the introduction and storage of materials and equipment, the
opportunity to perform the related work, and shall properly coordinate the Contractor’s work on
the Construction Project with the related work. 9. Contractor’s Warranties: Contractor represents and warrants as follows:
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a. Unless otherwise specified by the terms of this Agreement, all materials and
equipment used by Contractor on the Construction Project shall be new and where not
otherwise specified, of the most suitable grade for their intended uses. b. All workmanship and materials shall be of a kind and nature acceptable to the City.
c. All equipment, materials, and labor provided to, on, or for the Construction Project must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work on the Construction Project and ending one (1) year from the final completion and acceptance by the City of
the Construction Project, regardless of whether such equipment, materials, or labor were
supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers. Other express warranties on materials that provide for a warranty period longer than one year apply for the period of that express warranty and are not reduced by this provision. Upon receipt of City’s written notice of a defective or nonconforming condition during the
warranty period, Contractor shall take all actions, including redesign and replacement, to
correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and
nonconforming conditions for a period of an additional one (1) year from the date of City’s
acceptance of the corrective action. d. Contractor and its sureties are liable for the satisfaction and full performance of all warranties.
e. Contractor shall give its personal attention to the faithful prosecution of the completion of the Construction Project and Contractor, or its duly authorized representative assigned to serve as the Construction Project Manager, shall be personally present at the site of the Construction Project during working hours for the term of this Agreement until
the completion of the Construction Project.
f. Contractor shall have a complete, accurate, and up-to-date set of construction plans, drawings, and specifications on site at all times.
g. Contractor has examined all available records and made field examinations
of the site of the Construction Project. Contractor has knowledge of the field conditions to be encountered during the Construction Project. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market.
h. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times.
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i. All work must be performed at Contractor’s risk, and Contractor shall
promptly repair or replace all damage and loss at its sole cost and expense regardless of the
reason or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City.
j. Contractor is responsible for any loss or damage to materials, tools, or other
articles used or held for use in the completion of performance of the Construction Project. k. Contractor’s performance must be without damage or disruption to any other work or property of the City or of others and without interference with the operation
of existing machinery or equipment.
l. Title to all work, materials, and equipment covered by any payment of Contractor’s compensation by City, whether directly incorporated into the Construction Project or not, passes to City at the time of payment, free and clear of all liens and
encumbrances.
10. Delays and Extensions of Time: If Contractor’s performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any
such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of
the termination of such delay, give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the fault or negligence of the Contractor, then the City will determine the total duration of the delay
and extend the time for performance of the Agreement accordingly. Unless the delay is caused by
the intentional interference of the City with the Contractor’s performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein provided by reason of any delays.
11. Suspension:
a. The City may, by written notice to the Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set
forth the time of suspension, if then known to the City. During the period of suspension,
Contractor shall use its best efforts to minimize costs associated with the suspension. b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to
the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts
for materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and (4)
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continue to protect and maintain the Project, including those portions on which work has
been suspended.
c. As compensation for the suspended work, Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, and to the extent that such costs directly resulted from the suspension: (1) a standby charge paid during the
period of suspension which will be sufficient to compensate Contractor for keeping, to the
extent required in the Notice of Suspension, Contractor’s organization and equipment committed to the Project in standby status; (2) all reasonably incurred costs for the demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable amount to reimburse Contractor for the cost to protect and maintain the Project during the
period of suspension; and (4) an equitable adjustment in the cost of performing the
remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Construction Project has increased or decreased.
d. Upon receipt of written notice by the City to resume the suspended work
(“Notice to Resume Work”), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 11(c) shall be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised
Construction Schedule for the City’s review and approval. Contractor’s failure to timely
make such a claim shall result in a waiver of the claim. e. No compensation described in Section 11(c) shall be paid and no extension of time to complete the Construction Project shall be granted if the suspension results from
Contractor’s non-compliance with or breach of the terms or requirements of this
Agreement. 12. 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 Construction Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over
the Construction Project and complete it, either with its own resources or by re-letting the
contract to any other third party, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be necessary for the completion of the Construction Project.
b. In the event of a termination pursuant to this Section 12, Contractor shall be
entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment until the Construction Project has been completed. Upon completion of the Construction Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City
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of completing the work, including all costs paid to any subcontractors or third parties
retained by the City to complete the Construction Project and all administrative costs
resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay the difference, plus interest at the rate applicable to court judgments, to the City.
c. Any termination provided for by this Section 12 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 12, 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. 13. 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 work on the Construction Project, 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 work on the
Construction Project, discontinue placing orders for materials, supplies, and equipment for
the Construction Project, and make every reasonable effort to 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, in progress, or in transit to the construction site.
c. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs
for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any
materials that City is obligated to purchase from Contractor will remain the City’s sole property. d. The compensation described in Section 13(c) is the sole compensation due
to Contractor for its performance of this Agreement. Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination.
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14. 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 ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 15. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Nicholas Ross, Director of Transportation and Engineering 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 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 Jesse Lassandro, Project Manager 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.
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16. Locating Underground Facilities: Contractor shall be responsible for obtaining
and determining the location of any underground facilities, including but not limited to, the
location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities,
this fact shall be noted in writing prior to commencement of such location work.
17. 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, pay all fees
and charges in connection therewith, and perform all surveys and locations necessary for the timely
completion of the Construction Project. 18. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or
prepared by or for Contractor in contemplation of, or in the course of, or as a result of this
Agreement or work on the Construction Project, shall be promptly furnished to the City (“City Documents and Information”). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all
copyright and patent rights in and to the City Documents and Information. Neither party grants to
the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement.
19. 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. 20. 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
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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. 21. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site
of the Construction Project. 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.
22. Labor Relations:
a. In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Construction Project, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Construction
Project 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 to resume work on the Construction Project 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 work on the
Construction Project to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. b. 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.
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23. Subcontractors:
a. Contractor may employ subcontractors for any work on the Construction Project. Contractor shall provide City with a list of all subcontractors employed. b. Contractor remains fully responsible for the acts and omissions of any
subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall
remain fully responsible and liable for the timely completion of the Construction Project. c. Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of
subcontractors, and all such payments shall be used to satisfy obligations of the
Construction Project before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall
promptly pay the undisputed amount to the subcontractor and notify the subcontractor in
writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’
written notice to Contractor, may pay subcontractor by direct or joint payment.
24. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Construction Project. If the Contractor allows any indebtedness to accrue to
subcontractors or others during the progress of the work, and fails to pay or discharge the same
within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor shall immediately notify the City and shall cause the same to be discharged of record
within thirty (30) days after its filing.
25. Hazard Communication: Contractor shall comply with all hazard communication requirements dictated by the Environmental Protection Agency, the Montana Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City
ordinances. Contractor shall supply a chemical list, the associated material safety data sheets
(MSDS), and other pertinent health exposure data for chemicals that the Contractor’s, subcontractor’s or the City’s employees may be exposed to while working on City property during the course of the Construction Project. One copy of this documentation must be delivered to City to the attention of the City’s Representative. This documentation must be delivered before work
involving these chemicals may commence.
26. Accounts and Records: During the term of this Agreement and for two (2) years following the City’s final acceptance of the Construction Project, Contractor shall maintain accounts and records related to the Construction Project. Upon reasonable notice, City shall have
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the right to inspect all such accounts and records, including but not limited to, Contractor’s records,
books, correspondence, instructions, drawings, specifications, field and site notes, receipts,
invoices, bills, contracts, or other documents relating to the Construction Project. 27. Indemnification; Insurance; Bonds:
a. Contractor agrees to release, defend, indemnify, and hold harmless the City,
its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and
without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent,
reckless, or intentional misconduct of any of the Contractor’s agents.
b. 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).
c. Contractor’s indemnity under this Section shall be without regard to and
without any right to contribution from any insurance maintained by City.
d. 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.
e. 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.
f. 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.
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g. These obligations shall survive termination of this Agreement and the
services performed hereunder.
h. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or
companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed
against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown below:
• Workers’ Compensation – not less than statutory limits;
• 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;
• Products and Completed Operations – $1,000,000;
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000
annual aggregate (all owned, hired, non-owned vehicles);
• Builder’s Risk/Property Insurance at least as broad as that provided by the ISO special causes of loss form (CP10 30) naming at a minimum the City in an amount equal to greater of Contractor’s compensation or full replacement value of
the work (covering at a minimum all work, buildings, materials and equipment,
whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) on an all risk coverage basis. This
insurance must include waivers of subrogation between the City and Contractor to
the extent that damage to the Construction Project or City Hall is covered by other insurance;
• Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and
another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by the Contractor under this Agreement for the City; and (ii) the City’s and City’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of
the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate;
• Contractual Liability Insurance (covering the Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000
aggregate
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The amounts of insurance provided shall be exclusive of defense costs. The City of
Bozeman 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. i. Pursuant to the City’s authority provided for in 18-2-201(4), the Contractor shall not be required to provide bonds as required by 18-2-201(1) under this Agreement. 28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings. Contractor understands that all contractors or subcontractors
working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue.
29. 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 shall be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement. 30. Survival: Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable
law.
31. 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.
32. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach.
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33. 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.
34. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect.
35. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 36. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties. 37. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 38. 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. 38. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument. 39. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Construction Project. Contractor
may not assign to any third party other than Contractor’s subcontractors on the Construction Project, the right to receive monies due from City without the prior written consent of City. 40. Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement. 41. Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Construction Project, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or
employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the City. 42. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties
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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. 43. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby.
CITY OF BOZEMAN, MONTANA CONTRACTOR
By: _______________________________ By:
Jeff Mihelich, City Manager Print Name: Title:
APPROVED AS TO FORM: By: _______________________________ Greg Sullivan, City Attorney
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EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1
Notice of Award
Date: _______________
Project: Install a Transportation Management Center at the City Shops
Owner: City of Bozeman Owner's Contract No.:
Contract: To monitor all of our traffic signals at the Signs and
Signals location in the Shop Complex. Western Systems will set up the center with all the necessary equipment to give us a first class TMC. The installation of this center has been coordinated with our IT Department.
Engineer's Project No.: Q-09102
Bidder: Western Systems
Bidder's Address: 1122 Industry Street, Bldg. B, Everett WA 98203
You are notified that your Bid dated July 7, 2022 for the above Contract has been considered. You are the
Successful Bidder and are awarded a Contract for Base Bid.
The Contract Price of your Contract is fifty six thousand, one hundred nine and 74/100 Dollars
($56,109.74).
Four (4) copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award.
1. Deliver to the Owner Four (4) fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SC-5.01).
3. Other conditions precedent: Deliver with the executed Contract Documents the required insurance certificates.
Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you one fully executed
counterpart of the Contract Documents.
City of Bozeman
Owner
By:
Authorized Signature
Title Copy to Engineer
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Memorandum
REPORT TO:City Commission
FROM:Jim Veltkamp, Chief of Police
SUBJECT:Resolution 5444, a Resolution of the City Commission of the City of
Bozeman, Montana, Confirming the Appointment of Police Officers in
Accordance with
Montana Code Annotated 7-32-4108 and 7-32-4113.
MEETING DATE:October 4, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Resolution 5444.
STRATEGIC PLAN:7.2 Employee Excellence: Recruit, retain and value a diverse, well-trained,
qualified and motivated team capable of delivering superior performance.
Be accountable and expect accountability from others. Make demonstrated
use of good judgement a part of the evaluation process for promotions.
BACKGROUND:Section 7-32-4108, Montana Code Annotated, provides that all appointments
to the “police force” must be confirmed by the City Commission.
Section 7-32-4113, Montana Code Annotated, requires that in order to be
submitted to the City Commission for confirmation, every applicant will have
passed an examination and received a certificate from the police commission
noting that the applicant has qualified for appointment. Additionally, the
applicant must successfully complete a probationary period before being
submitted to the City Commission for confirmation as a member of the
“police force.”
Officers Dante Dimercurio, Cassandra Deets, and Bernard Capulong have
met the above noted requirements and have successfully completed their
probationary period. As such, Resolution 5444 was written to confirm the
appointment of these officers.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None.
Attachments:
Commission Resolution 5444.pdf
257
Report compiled on: September 16, 2022
258
RESOLUTION NO. 5444
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CONFIRMING THE APPOINTMENT OF POLICE OFFICERS IN
ACCORDANCE WITH MONTANA CODE ANNOTATED 7-32-4108 AND 7-32-4113.
WHEREAS, Section 7-32-4108, Montana Code Annotated, provides that all appointments
to the “police force” must be confirmed by the city council or commission; and
WHEREAS, the following listed officers have passed the required examinations, have
been certified by the Police Commission, have successfully completed the probationary period,
and have been appointed to the City’s police force by the chief of police.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana: that the following listed officers are confirmed as members of the Bozeman
Police Department.
DANTE DIMERCURIO
CASSANDRA DEETS
BERNARD CAPULONG
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 4th day of October, 2022.
259
__________________________________ CYNDY ANDRUS Mayor
ATTEST:
____________________________________
MIKE MAAS City Clerk APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
260
Memorandum
REPORT TO:City Commission
FROM:Kaitlin Johnson, Budget Analyst
Melissa Hodnett, Finance Director
SUBJECT:Authorize the City Manager to Sign a Grant Agreement with Bridgercare to
Fund Two Licensed Clinical Social Worker Student Interns for One Year.
MEETING DATE:October 4, 2022
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to Sign a Grant Agreement with Bridgercare to
Fund Two Licensed Clinical Social Worker Student Interns for One Year.
STRATEGIC PLAN:3.2 Health & Safety Action: Work with our partners to improve education,
public awareness, and to coordinate programs concerning emergency
services, criminal justice, and important social services.
BACKGROUND:On June 28, 2022, the City Commission approved a grant to Bridgercare to
fund two Licensed Clinical Social Worker student interns at for one year.
From the grant application: "Due to the fact that the pandemic and the state
of our world is causing people a lot of stress, providing completely free
mental healthcare for those in need reduces a barrier that keeps so many
from accessing this critical care. In order to expand this program and be a
part of the City's comprehensive strategy to address mental health issues in
our community, Bridgercare is requesting a $30,000 grant from the City of
Bozeman. This funding will pay for two Licensed Clinical Social Worker
student interns (LCSW) to work at Bridgercare for a year and doubles the
capacity of our Cares Team by raising the total LCSW full time equivalency to
two staff members."
UNRESOLVED ISSUES:None.
ALTERNATIVES:N/A - as adopted in the Fiscal Year 2023 budget by the City Commission June
28, 2022.
FISCAL EFFECTS:Expenditure appropriations are included in the fiscal year 2023 Adopted
Budget approved by City Commission on June 28, 2022.
Attachments:
FY23 Bridgercare Grant Agreement.pdf
Report compiled on: September 22, 2022
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CITY OF BOZEMAN GRANT AGREEMENT
Bridgercare Integrated Behavioral Health Project
THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and
between the City of Bozeman, Montana, a self-governing municipal corporation operating
pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave.,
Bozeman MT 59771 (“City”) as GRANTOR and Bridgercare, a non-profit organization located
at 1288 North 14th Avenue #201, Bozeman, MT 59715 as GRANTEE.
WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866
establishing policies for the granting of funds from the City of Bozeman to a requesting entity;
and
WHEREAS, Bridgercare submitted a proposal to the City Commission for a grant of $30,000.00
for funding two Licensed Clinical Social Worker student interns to work at Bridgercare for one
year (the “Project”) that would benefit from the City funding; and
WHEREAS, the City Commission may make grants of money for public purposes pursuant to
Sect. 7-1-4124(9), MCA; and
WHEREAS, the City Commission determines the granting of funds under this Agreement is for
a public purpose benefitting the community by cultivating a safe, healthy, welcoming, and
inclusive community through strengthening community service networks and developing a
City/County social service network as detailed in the City of Bozeman’s Strategic Plan (3.2); and
WHEREAS, on June 28, 2022, the Commission appropriated $30,000.00 for the Project.
THE PARTIES AGREE:
1. The Grant. The City will grant and release to GRANTEE a sum of up to thirty thousand
dollars ($30,000.00) from its General Fund (the “Grant”) pursuant to the payment terms
in Section 3.
2. Use of Grant Funds. Grant funds in the amount of up to thirty thousand dollars
($30,000.00) will be used by GRANTEE for the sole purpose of funding two (2)
Licensed Clinical Social Worker student interns to work at Bridgercare, each for a one-
year period, and as described in the proposal submitted by GRANTEE to the City
Commission, attached hereto as Exhibit A and by this reference incorporated herein.
3. Payment of Grant Funds
a. GRANTEE may request the Grant funds during the fiscal year ending June 30,
2023 as needed by providing proof of expenses paid. Acceptable forms of proof
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of payment shall be as determined in the sole discretion of the City’s Director of
Finance.
b. Unless otherwise approved by the Director of Finance, any funds from the Grant
not awarded during the fiscal year ending June 30, 2023 will remain in the City’s
General Fund and will be available for other appropriation.
c. The City will have no obligation to pay any Grant funds unless at the time of the
request for payment (i) all of GRANTEE’s representations as set forth in Section
4 are true and correct, and (ii) GRANTEE is not in breach of any term of this
Agreement. If any of the above conditions are not satisfied in sole the
determination of the City, the City shall have no obligation to make payment and
the City’s determination to refrain from paying, or its inability to pay, any of the
Grant funds shall not be or result in a default of this Agreement.
4. Grantee Representations
a. GRANTEE has familiarized itself with the nature and extent of this Agreement
and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect GRANTEE’s performance under
this Agreement.
b. GRANTEE represents and warrants to City that it has the experience and ability
to perform its obligations under this Agreement; that it will perform said
obligations 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 for
GRANTEE to meet this warranty.
c. GRANTEE represents and warrants to City that the Grant funds are necessary to
accomplish the financial requirements of the Project.
5. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE,
GRANTEE will provide to the City a formal written report that includes, at a minimum,
the proof of expenses paid. GRANTEE agrees to develop and/or provide such other
documentation as requested by the City demonstrating GRANTEE’s compliance with the
requirements of this Agreement. GRANTEE must 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 monies provided to GRANTEE pursuant to this Agreement were used in
compliance with this Agreement and all applicable provisions of federal, state, and local
law. GRANTEE will retain such records for seven years after receipt of final payment
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under this Agreement unless permission to destroy them is granted by the City.
GRANTEE shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
6. Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all
required permits, licenses and approvals, and will meet all requirements of all local, state
and federal laws, rules and regulations which must be obtained or met in connection with
the Project.
7. Independent Contractor Status. The parties agree that GRANTEE, its agents,
employees, contractors, or subcontractors, are independent contractors for purposes of
this Agreement and are not to be considered employees or agents of the City for any
purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are 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.
GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to
represent the City or otherwise bind the City in any way.
8. Default and Termination. If GRANTEE fails to comply with any condition of this
Agreement at the time or in the manner provided for, the City may terminate this
Agreement if the default is not cured within fifteen (15) days after written notice is
provided to GRANTEE. The notice will set forth the items to be cured. If this
Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any
Grant funds already delivered to GRANTEE for the Project.
9. Limitation on GRANTEE’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by GRANTEE under this Agreement,
GRANTEE’s damages shall be limited to contract damages and GRANTEE
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 GRANTEE wants to assert a claim for damages of any kind or nature,
GRANTEE must first 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 ninety (90) days of the facts and
circumstances giving rise to the claim. In the event GRANTEE fails to provide
such notice, GRANTEE shall waive all rights to assert such claim.
10. Representatives
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a. City’s Representative. The City’s Representative for the purpose of this
Agreement shall be the City’s Finance Director, Melissa Hodnett, or such other
individual as City may designate in writing. Whenever approval or authorization
from or communication or submission to City is required by this Agreement, such
communication or submission must be directed to the City’s Representative and
approvals or authorizations will be issued only by such Representative; provided,
however, that in exigent circumstances when City’s Representative is not
available, GRANTEE may direct its communication or submission to other
designated City personnel or agents and may receive approvals or authorization
from such persons.
b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of
this Agreement shall be Emily Allison or such other individual as GRANTEE
designates in writing. Whenever direction to or communication with GRANTEE
is required by this Agreement, such direction or communication must be directed
to GRANTEE’s Representative; provided, however, that in exigent circumstances
when GRANTEE’s Representative is not available, City may direct its direction
or communication to other designated GRANTEE personnel or agents.
11. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law,
GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives,
employees, and officers (collectively referred to for purposes of this Section as the City)
harmless against all third party claims, demands, suits, damages, losses, and expenses,
including reasonable defense attorney fees, which arise out of, relate to or result from
GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct.
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). GRANTEE’s indemnification obligations under this Section shall be
without regard to and without any right to contribution from any insurance maintained by
City.
Should any indemnitee described herein be required to bring an action against
GRANTEE to assert its right to defense or indemnification under this Agreement or
under GRANTEE’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
GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the
indemnitee for a claim(s) or any portion(s) thereof.
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In the event of an action filed against City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of
suit.
GRANTEE also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or
property arising from, 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.
In addition to and independent from the above, GRANTEE shall at GRANTEE’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 GRANTEE in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this
Section unless and to the extent coverage for such liability is not reasonably available.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the
City and GRANTEE 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
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an
additional insured on a primary non-contributory basis on the Commercial General
Liability policy. 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.
The City must approve all insurance coverage and endorsements prior to delivery of
Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of
GRANTEE’s receipt of notice that any required insurance coverage will be terminated or
GRANTEE’s decision to terminate any required insurance coverage for any reason.
12. Nondiscrimination, Equal Pay. GRANTEE agrees that all hiring by GRANTEE of
persons performing this Grant Agreement shall be on the basis of merit and
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qualifications. GRANTEE will have a policy to provide equal employment opportunity
in accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. GRANTEE 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.
In addition, GRANTEE 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). GRANTEE must report to the City any violations of
the Montana Equal Pay Act that GRANTEE has been found liable for or guilty of within
30 days of such finding for violations occurring during the term of this Agreement.
GRANTEE shall require these nondiscrimination terms of its subcontractors providing
services under this Grant Agreement.
13. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
14. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents of
either party not contained in this written Agreement may be considered valid or binding.
This Agreement may not be modified except by written agreement signed by both parties.
15. 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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FY 2023 Grant Agreement – Bridgercare Integrated Behavioral Health Project Page 7
16. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights,
including the right to Grant payments, or any other rights or duties arising hereunder,
without the prior written consent of City.
17. No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties’ intent to confer third party beneficiary rights upon any other person or entity.
18. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
19. 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.
20. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
21. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
22. 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.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
indicated below.
_______________________ Date: __________
Jeff Mihelich, City Manager City of Bozeman
_______________________ Date: __________
Print name and Title:___________________________ GRANTEE Approved as to form:
269
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FY 2023 Grant Agreement – Bridgercare Integrated Behavioral Health Project Page 8
_______________________ Date: __________
Greg Sullivan, City Attorney City of Bozeman
270
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FY 2023 Grant Agreement – Bridgercare Integrated Behavioral Health Project Exhibit A
Exhibit A
Grant Proposal Grant Project Overview: Bridgercare’s mission is to provide excellent, affordable
reproductive and sexual healthcare and education in a safe, supportive, empowering
atmosphere. As the only reproductive healthcare clinic serving south central Montana, Bridgercare sees over 5,000 patients a year and no one is ever turned away due to inability to pay. Bridgercare’s funding request is to pay for two (2) license clinical social worker student interns each for a one-year period.
City Commission Award: On June 28, 2022, the Bozeman City Commission approved the grant award in the amount of $30,000.00. This grant award must be used to fund two (2) licensed clinical social work internships.
Grant Term: July 1, 2022 – June 30, 2023 (fiscal year 2023).
271
1
Rachel Harlow-Schalk
From:Julie Hunter
Sent:Friday, March 18, 2022 1:23 PM
To:Rachel Harlow-Schalk; Jeff Mihelich
Subject:FW: *NEW SUBMISSION* - Outside Entity Budget Requests - BRIDGERCARE
Budget request from Bridgercare.
From: webadmin@bozeman.net <webadmin@bozeman.net>
Sent: Friday, March 18, 2022 1:21 PM
To: Julie Hunter <JHunter@BOZEMAN.NET>
Subject: *NEW SUBMISSION* ‐ Outside Entity Budget Requests
A new entry to a form/survey has been submitted.
Form Name: Outside Entity Budget Requests
Date & Time: 03/18/2022 1:20 PM
Response #: 18
Submitter ID: 49589
IP address: 154.27.107.35
Time to complete: 28 min. , 27 sec.
Survey Details
Page 1
1. Entity Name
Bridgercare
2. Entity's Physical Address
Street Address 1288 N 14th Ave
Unit # #201
City Bozeman
Postal/Zip Code 59715
State Montana
3. Number of Years of Operation as a Non‐Profit Organization
50
4. Link to Most Recent Annual Financial Report
https://drive.google.com/file/d/19qU7UtaFNdYW6nlh_gYwnRRPDPk0yvdX/view?usp=sharing
5. Dollar Amount Requested for the Fiscal Year
$30,000
272
2
6. Description of the Funding Request in Relation to the Strategic Plan and/or Citizen Benefit
Bridgercare’s mission is to provide excellent, affordable reproductive and sexual healthcare and education in a safe,
supportive, empowering atmosphere. As the only reproductive healthcare clinic serving south central Montana, Bridgercare
sees over 5,000 patients a year and no one is ever turned away due to inability to pay. We are in a unique position to keep
people healthy, both mentally and physically, while costing them little to no money out of pocket when they visit. As a
Bozeman based organization, we are acutely aware of the physical, emotional, and mental needs of our community.
Through our outreach programs and healthcare services, we make an impact in our community by providing
comprehensive, compassionate, affordable, whole‐person healthcare to community members throughout south central
Montana. Last year, we expanded on this work and made a significant impact by adding free mental healthcare services to
our clinic. It is in this capacity that we feel we closely align with the City of Bozeman’s strategic goals to cultivate a safe,
healthy, welcoming and inclusive community. In collaboration with the City of Bozeman, we are confident we can advance
the following goals: 3.2 a) Strengthen Community Service Networks. Hire an employee to coordinate and strengthen existing
community networks for those with mental health, substance abuse and addiction, and housing challenges. 3.2 c) c) Develop
a City/County Social Service Network. Work with Gallatin County and other community partners to identify needs, develop,
and appropriately fund a comprehensive strategy for addressing mental health, substance abuse and addiction,
homelessness, and housing challenges. 3.3 a) Anticipate, celebrate, and incorporate an increasingly diverse population into
the community, city advisory boards, and city staff. Through our new Integrated Behavioral Health Project, Bridgercare is in
prime position to assist the City of Bozeman in strengthening community networks and services to those with mental health
challenges, as well as advocating for equity and inclusion for the diverse populations we serve. The Integrated Behavioral
Health Project at Bridgercare works to normalize mental health as a component of whole‐person health and provide a
pathway for patients to reach out and receive help. This project is focused on underserved and marginalized demographics,
a population in which screening and treatment is crucial. These individuals are among the least likely to seek behavioral
health care due to limited resources and access to care. This would lead to earlier detection, increased diagnosis, and
increased likelihood of successful treatment. The project fosters long‐term systemic change in that it creates awareness and
education about anxiety and depression in a population of people who may not otherwise recognize their mental health
needs and seek treatment. There is also a critical need for increased behavioral health services across Montana. Depression
and anxiety are among the most treatable psychiatric disorders, but a lack of resources in mental health care has a tangible
impact on our state. Montana has ranked in the top 5 for national suicide rates for the past 30 years. Without access to care
that is affordable, readily accessible, and routine, Montanans will continue to live with untreated mental health issues
within themselves and in their community. Through Bridgercare's Integrated Behavioral Health Project, we will be able to
provide early intervention and accessible, affordable mental health services to our 5000+ patients. Our goal is to keep these
mental healthcare services free through at least the end of 2022 because the need is so acute right now. Due to the fact that
the pandemic and the state of our world is causing people a lot of stress, providing completely free mental healthcare for
those in need reduces a barrier that keeps so many from accessing this critical care. In order to expand this program and be
a part of the City’s comprehensive strategy to address mental health issues in our community, Bridgercare is requesting a
$30,000 grant from the City of Bozeman. This funding will pay for two Licensed Clinical Social Worker student interns (LCSW)
to work at Bridgercare for a year and doubles the capacity of our Cares Team by raising the total LCSW full time equivalency
to two staff members. We have used this structure for the last 9 months and it has been extremely effective. Using paid
LCSW interns is beneficial for two reasons: 1. It allows Bridgercare to carry a caseload of 70 patients at a time, which is twice
as many as our single staff member can handle. 2. It provides an internship to LCSW students which they need to graduate
and are challenging to come by. By providing a way to get these hours in a meaningful and quick way, we are streamlining
this process which should increase the number of mental health professionals in the community in the coming years. As you
well know, despite the known need for mental healthcare and the focus on building up these support systems, our local
mental healthcare resources continue to shrink. The Hope House is closing which means there are very limited options for
someone currently in crisis and psychiatry consultation wait times are more than a month right now. Access to mental
healthcare (regardless of affordability) is shrinking in Bozeman which now makes bridgercare a safety net provider for these
services, and also makes preventative care (i.e. catching people who have lower acuity anxiety and depression earlier when
it is more easily treatable) that much more important. In partnership with the City of Bozeman, we know we can continue
providing the critical services for the mental health challenges in our community.
7. Other Entities Funding has been Requested From AND Other Partners Assisting with Funding Entity (List up to three)
#1 Name Bozeman Health
Amount $ 5,000
#2 Name Private Donor
Amount $ $50,000
273
3
#3 Name Not answered
Amount $ Not answered
8. Contact Information for Entity
First Name Emily
Last Name Allison
Phone Number (406) 587‐0681 ext. 137
Email Address eallison@bridgercare.org
Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
274
Memorandum
REPORT TO:City Commission
FROM:Cynthia L. Andrus, Mayor
SUBJECT:Proclaiming Indigenous Peoples' Day
MEETING DATE:October 4, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Proclaim Indigenous Peoples' Day
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:See Attached
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Attachments:
Proclamation for Indigenous Peoples' Day.docx
Report compiled on: September 28, 2022
275
Proclamation to Recognize and Celebrate Indigenous Peoples’ Day
on the Second Monday of Each October
WHEREAS, the State of Montana recognizes through its highest law, the State Constitution,
Article X § 1(2), the distinct and unique cultural heritage of the American Indians and is
committed in its educational goals to the preservation of their cultural integrity; and
WHEREAS, the City of Bozeman, as a self-governing municipal government operating
pursuant to its Charter and the laws of the State of Montana, embraces its responsibility to
promote equality and the historic integrity of American Indians, especially the thirteen (13)
Tribes of the State that together constitute the largest minority group resident in the State of
Montana; and
WHEREAS, the City recognizes that Indigenous Peoples are the original inhabitants from time
immemorial of the lands that now constitute the City of Bozeman; and
WHEREAS, the City of Bozeman recognizes the fact that Bozeman is built upon homelands and
villages, and traditional use areas of the Bitterroot Salish, Pend O’Reille, Kootenai, Blackfeet,
Northern Cheyenne, Crow, Chippewa Cree, Assiniboine, Gros Ventre, Dakota, and other
Indigenous nations of this region;and
WHEREAS, the City recognizes the important contributions of Indigenous Peoples, the region’s
rich American Indian history and contemporary cultural influences that contribute to our
beautifully diverse community; and
WHEREAS, the City opposes any and all systemic forms of racism toward humanity, expressly
Indigenous Peoples who have been subjugated by policies aimed at assimilating and, at times,
eradicating their cultural existence; and
WHEREAS, the celebration of Columbus Day is an affront to all Indigenous Peoples in the Americas;
and
WHEREAS, The City of Bozeman remains open for business on Columbus Day (a State of Montana
276
holiday); and
WHEREAS, Indigenous Peoples’ Day is a day that recognizes and commemorates the contributions of
Native people; and
WHEREAS, the City recognizes and celebrates the cultural survival and resilience of the Indigenous
Peoples in the face of genocide;and
WHERAS, On June 28, 2022 the Bozeman City Commission unanimously passed ordinance 2109
replacing the term Columbus Day with Indigenous Peoples’ Day and designates the second Monday in
October as the Indigenous Peoples’ Day holiday in Bozeman
NOW THEREFORE, AS THE MAYOR OF BOZEMAN I PROCLAIM THAT the City of
Bozeman, Montana supports the contributions of American Indians to our community, economy and rich
culture by observing and celebrating Indigenous Peoples’ Day;
AND I FURTHER PROCLAIM AND DECLARE that the second Monday of October of each
year shall be Indigenous Peoples’ Day in the City of Bozeman, Montana.
Signed and Proclaimed this 11th day of October, 2021.
_________________________________
Cynthia L. Andrus
Mayor
Bozeman, Montana
277
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Anna Bentley, Community Development Interim Director
SUBJECT:Conditional Use Permits Repeal Text Amendment, Ordinance 2124,
Application 22258
MEETING DATE:October 4, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Recommended Motion: Having reviewed and considered the staff report,
draft ordinance, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 22258 and
move to recommend approval of Ordinance 2124.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:As part of the City's efforts to support affordable housing, the City is
reviewing its land development regulations. On March 1, 2022, the City
Commission directed staff to prepare various amendments to the municipal
code for public review. This proposed ordinance is one of the amendments.
A larger code update project has also begun to upgrade structure,
organization, and presentation of the code and is underway separate from
this amendment.
For details on intent and scope of this application please see the attached
staff report and ordinance.
UNRESOLVED ISSUES:None.
ALTERNATIVES:1. Ordinance not be approved based on findings of non-compliance with
the applicable criteria contained within the staff report;
2. Direct amendments prior to adoption; or
3. Open and continue the public hearing on the application, with specific
direction to staff to supply additional information or to address specific
items.
FISCAL EFFECTS:None.
278
Attachments:
22258 CC Staff Report - CUP Process Repeal.pdf
Ordinance 2124 Removal of CUP review process Prov
Adoption.pdf
Report compiled on: September 20, 2022
279
Page 1 of 13
22258 Staff Report for the Conditional Use Permits Repeal Text Amendment,
Ordinance 2124
Public Hearings:
Community Development – September 19, 2022.
City Commission – October 4, 2022.
Project Description: Repeal Section 38.230.110, Conditional Use Permit and associated
edits to 30 related sections of the municipal code. See Appendix A for the detailed
description.
Project Location: Revision to the text is applicable City-wide.
Recommendation: Meets applicable criteria.
Community Development Board Motion: Having reviewed and considered the staff
report, draft ordinance, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 22258 and move to
recommend approval of Ordinance 2124.
City Commission Recommended Motion: Having reviewed and considered the staff
report, draft ordinance, public comment, recommendation from the Community
Development Board, and all information presented, I hereby adopt the findings
presented in the staff report for application 22258, and move to provisionally adopt
Ordinance 2124.
Report: September 20, 2022
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the proposed ordinance text and public comment received to date.
Unresolved Issues
None
Project Summary
The City periodically reviews its regulations to identify processes and standards which are no
longer necessary or a good fit for community needs. The City Commission directed
preparation of these amendments at their March 1, 2022 work session on the Clarion code
audit which recommended increasing use of administrative development reviews.
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Staff Report for the CUP Repeal Text Amendment 22258 Page 2 of 13
The conditional use process has been in place for decades. Conditional uses applications are
infrequent and routinely approved with few if any special conditions. This indicates that the
additional review effort is redundant to the adopted City standards generally applicable to
development. Removing the CUP process will simplify review of applications while
continuing to require compliance with adopted standards necessary to protect the public. See
Appendix A of this staff report and the full text of the Ordinance for more details.
Elements of the proposed amendments include:
1. Repeal Section 38.230.110, Conditional Use Permit, in its entirety. This removes a review process for development that required a public hearing before approval.
2. Amend Section 38.230.120, Special Use Permit, to move review criteria and procedures to the section that were previously incorporated by reference to conditional use permit wording. The Special Use process provides opportunity for public comment and for the City to establish conditions unique to an individual project to address areas of concern identified during the review process.
3. Amend Division 38.310 Permitted Uses, to change in all zoning districts conditional uses to special uses or principal use. This is necessitated by the deletion of the conditional use process. No new uses are added and no existing uses are being deleted by these amendments.
4. Reflect throughout all of Chapter 38, Unified Development Code, the removal of the
conditional use process and the change to special use or principal use processes to review permitted uses.
Strategic Plan Implementation
4.2 High Quality Urban Approach - Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban approaches
to issues such as multimodal transportation, infill, density, connected trails and parks, and
walkable neighborhoods.
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.
7.3 Best Practices, Creativity & Foresight- Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant to the
governance of the City. Be also adaptable and flexible with an outward focus on the
customer and an external understanding of the issues as others may see them.
Public Comment
Written public comment will be archived and available through the project folder in the
City’s Laserfiche archive. Comments provided orally at public meetings will be available
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Staff Report for the CUP Repeal Text Amendment 22258 Page 3 of 13
through the recordings of those public meetings. Links to recordings will be added to this
report as the review of the project moves forward. No comment received to date.
Community Development Board
The Community Development Board (CDB) met on September 19, 2022 to consider the
proposed amendments. The video recording of the meeting is available through the City’s
website. Discussion of the amendment begins at 11:50 in the recording. Questions to staff
begin at about 20:55 and board discussion at 50:30. No public comment was received. The
Board voted 6-0 to recommend approval of the ordinance as written.
Alternatives
1. Ordinance not be approved based on findings of non-compliance with the applicable
criteria contained within the staff report;
2. Direct amendments prior to adoption; or
3. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Strategic Plan Implementation ............................................................................................ 2
Public Comment.................................................................................................................. 2
Community Development Board ........................................................................................ 3
Alternatives ......................................................................................................................... 3
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 4
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 5
Spot Zoning Criteria ........................................................................................................... 9
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 9
APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION .............. 10
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Staff Report for the CUP Repeal Text Amendment 22258 Page 4 of 13
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 12
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 12
FISCAL EFFECTS ................................................................................................................. 13
ATTACHMENTS ................................................................................................................... 13
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the Staff finds the amendments
meet the minimum criteria for approval as proposed.
The Community Development Board in their capacity as the Zoning Commission will hold a
public hearing on these amendments on September 19, 2022, at 6 pm.
The City Commission will hold a public hearing on the text amendment on October 4, 2022 at
6:00 p.m. and decide whether the amendments should occur or not.
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a legislative
action, the Commission has broad latitude to determine a policy direction. The burden of proof
that the application should be approved lies with the applicant.
A zone text amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone text amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone text
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone text amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigate negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code.
The existing development review processes and standards were previously found to satisfy all of
the following criteria during earlier reviews. The focus of this report is only on the amendments
proposed. Where a finding of Neutral is presented it represents that the criteria is either not
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Staff Report for the CUP Repeal Text Amendment 22258 Page 5 of 13
applicable to the proposed amendments or that the change does not materially advance or detract
from compliance. Therefore, a finding of Neutral is not necessarily an indication of a deficiency
in the proposed amendments or the existing standards.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion is met. A growth policy provides a high level vision of how a community hopes to
develop over time. As a key tool to implement the growth policy, zoning must be in
accordance with the growth policy per 76-2-304(1) (a), MCA. The proposed amendments are
to the zoning text and therefore must conform to the growth policy. Bozeman adopted a new
growth policy in November 2020.
The Bozeman Community Plan 2020 (BCP2020) establishes the City’s policies for land
development. It continues concepts and community priorities that were established in several
prior growth policies. Prior growth policies encouraged creation of development standards
that supported predictable review processes and addressed areas of community concerns.
The BCP2020 includes the following relevant goals and objectives:
DCD-1.2 Remove regulatory barriers to infill.
Goal DCD-4: Implement a regulatory environment that supports the Community Plan
goals.
DCD-4.3 Complete the transition to a form-based code and simplification so that it can
be understood by the general public and consistently applied by planning staff.
The conditional use process, compared with an administrative review such as a site plan,
stresses the use of the property. Both types of reviews must meet applicable site and building
design standards. The CUP goes beyond the physical layout and features of the site and
considers directly the use of property and whether it has features that are inconsistent with a
particular site. Many detailed elements of what a CUP traditionally were used to consider are
now addressed by building codes and the site and building standards that have been
developed over time. The core criteria and processes of the CUP have not substantially
changed in over 30 years.
A conditional use permit requires a public hearing which is a distinguishing feature of the
review process. Scheduling of public hearings before the City Commission can add delay to
project review to the heavy demand for time on agendas compared with administrative
reviews.
Over time the scope of uses subjected to a CUP has steadily decreased. No harm from using
other review processes in place of a CUP has been identified. Objective DCD-4.3 supports
transitions to a more form based code (FBC). An FBC does not ignore uses but places a
much greater proportion of emphasis on the building and site design. The CUP process
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Staff Report for the CUP Repeal Text Amendment 22258 Page 6 of 13
places a strong emphasis on use. Therefore, Objective DCD-4.3 supports lessening or
removal of the CUP process.
The City created a Special Use Process (SUP) several years ago which considers similar use
issues but does not require a public hearing. Public notice and comment opportunity are
provided but a public hearing is not required. The SUP process provides for consideration of
use details when circumstances warrant. The CUP process is therefore redundant to review
needs. The draft amendments also move the required review from CUP or SUP to principal
uses where long experience has shown no material benefit to the extra review criteria and
steps. This removes regulatory barriers to development, including infill, as called for in
Objective DCD-1.2.
No element of the proposed ordinance affects the future land use map as the process
amendments do not change zoning district boundaries. Therefore, no analysis of
correspondence to the future land use map is provided.
B. Secure safety from fire and other dangers.
Criterion is met. Building code standards for fire resistance, exiting, and other protection
remain in place and will continue to protect the public. The requirements to avoid floodplains
and similar physical hazards remain in place. Therefore, access by emergency services,
suitable water and sewer services, and other safety features remain. Review of individual
applications through site plan, subdivision, or other reviews will provide an opportunity to
check for function. General language to impose conditions where needed and justified
remains in the unamended portions of Division 38.100.
C. Promote public health, public safety, and general welfare.
Criterion is met. The existing standards addressing this criterion remain in place such as
floodplain protections, provision of water and sewer services, and similar. See also responses
to Criteria B and D. The amended review processes are not counter to this criterion.
Standards remain for setbacks, light and air, emergency services, and other issues to protect
public health and physical safety.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion is met. The City conducts extensive planning for municipal transportation, water,
sewer, parks, and other facilities and services provided by the City. The adopted plans allow
the City to consider existing conditions and identify enhancements needed to provide
additional service needed by new development. The City implements these plans through its
capital improvements program (CIP). The CIP identifies individual projects, project
construction scheduling, and financing of construction. Site plan, SUP, and subdivision
reviews require demonstration of adequate services to meet this criterion.
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Staff Report for the CUP Repeal Text Amendment 22258 Page 7 of 13
Considering the code as a whole, the standards requiring provision of the infrastructure listed
in this criterion are not being changed with these amendments.
E. Reasonable provision of adequate light and air.
Criterion met. The proposed amendments are amending review processes. No changes to
base standards for setbacks, maximum building height, or similar are included. Considering
the code as a whole, the standards listed in this criterion are not being changed with these
amendments and therefore the standard continues to be met.
F. The effect on motorized and non-motorized transportation systems.
Criterion met. The proposed amendments are amending review processes. No changes to
base standards for dedication of right of way, provision of and construction of streets, and
related standards are included. The CUP process includes a criterion for dedication of right of
way. Other standards and processes also provide for acquisition of right of way and
construction of transportation systems. Considering the code as a whole, the standards listed
in this criterion are not being changed with these amendments and therefore the standard
continues to be met.
G. Promotion of compatible urban growth.
Criterion is met. The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited to,
variety of architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design, density
or use.”
There is no one pattern or method in which to build a community. Many different
configurations of uses and buildings can coexist well. The City has adopted many standards
to identify and avoid or mitigate demonstrable negative impacts of development. The City
retains the ability to establish conditions of approval to mitigate negative impacts identified
during the site plan, SUP, and subdivision processes.
Therefore, considering the code as a whole staff concludes the criterion is met.
H. Character of the district.
Criterion is met. Section 76-2-301 MCA says “Municipal zoning authorized. For the purpose
of promoting health, safety, morals, or the general welfare of the community, the city or town
council or other legislative body of cities and incorporated towns is hereby empowered to
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regulate and restrict the height, number of stories, and size of buildings and other structures;
the percentage of lot that may be occupied; the size of yards, courts, and other open spaces;
the density of population; and the location and use of buildings, structures, and land for trade,
industry, residence, or other purposes.”
Section 76-2-302, MCA says “…legislative body may divide the municipality into districts
of the number, shape, and area as are considered best suited to carry out the purposes
[promoting health, safety, morals, or the general welfare of the community] of this part.”
Emphasis added.
The City has adopted form and intensity standards in Division 38.320 as part of the
implementation of the zoning enabling language cited above. The City has adopted building
and site design standards in Divisions 38.510 and 38.530 also as part of the implementation of
the zoning enabling language cited above. These are applied to all development according to
the district in which the development is located. Uses for districts are established in Division
38. 310. The proposed process amendments do not add or remove permitted uses in districts.
Character of a district is made up of many different elements; including but not limited to uses,
size of lots, and building features. There is no one pattern or method in which to build a
community. The City has adopted a range of zoning districts to address different needs. The
zoning districts are amended from time to time as needs of the City and its residents change.
Many different configurations of uses and buildings can coexist well and the City does not
restrict specific architectural styles. The City’s growth policy and allowed land uses per zoning
district encourage mixed uses. This proposal amends the text only and not the zoning map. The
proposal does not add or delete zoning districts.
The combination of uses and other characteristics remain intact and were previously found to
be consistent with this criterion. Therefore, this criterion remains met.
I. Peculiar suitability for particular uses.
Criterion met. The proposed amendments change review processes, not districts or uses. The
City has adopted a range of zoning districts to address different needs. The zoning districts are
amended from time to time as needs of the City and its residents change. Many different
configurations of uses and buildings can coexist well. The City’s growth policy and allowed
land uses per zoning district encourage mixed uses. This proposal amends the text only and
not the zoning map. The proposal does not add or delete zoning districts.
The combination of uses and other characteristics remain intact and were previously found to
be consistent with this criterion. Therefore, this criterion remains met.
J. Conserving the value of buildings.
Criterion met. The proposed amendments change the review process for non-conforming
structures. The new process is less demanding. This facilitates upkeep, ongoing use, and reuse
of existing buildings. Therefore, the criterion is met.
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K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion is met. The zoning map and future land use map of the growth policy identify areas
where specific uses are generally appropriate. However, both occur at a coarse level of detail
and do not authorize construction. The proposed amendments do not alter the allowed uses in
zones, but does change review processes. Site specific review for compliance with standards
prior for construction will continue to be required. This amendment is consistent with the
growth policy including the future land use map, see Criterion A. Therefore, the criterion is
met.
Spot Zoning Criteria
Amendments to the zoning map may, in certain factual circumstances, constitute
impermissible “spot zoning.” The proposed amendments do not alter the zoning map in any
way at this time. Spot zoning is therefore not a review criteria.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
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APPENDIX A - DETAILED BACKGROUND AND PROJECT
DESCRIPTION
Chapter 1 of the Bozeman Community Plan 2020 includes a section titled “To Grow Or Not
To Grow, If So How?” This section considers the question of whether or not the City should
continue policies encouraging development within City limits. Several different related
issues are discussed and the section concludes that construction within the City is a better
outcome.
Affordable housing is a long standing community concern. It was first addressed in the 1972
Master Plan for the community and then all subsequent community land use plans. Several
reports, studies, and plans including the Community Housing Action Plan and the One
Valley Community Foundation, Gallatin County Regional Housing Study, document the
needs for housing and the challenges in providing housing at costs affordable to residents.
The state legislature has limited the tools the City has to support affordable housing
construction. The City is required to use incentives to encourage construction rather than
mandating the construction of affordable housing. The proposed ordinance places an
increased emphasis on affordable housing as a public benefit in exchange for the flexibility
allowed through the updated Division 38.380.
The City has many ongoing efforts to support creation of housing overall including:
o supporting and completing infrastructure construction,
o primarily of-right development review except where required by state law,
o use of tax increment financing in support of housing,
o general fund support for affordable housing projects, and
o many others.
The City consistently reviews and updates its regulations to keep them relevant and effective.
Over the past 20 years, the City has increased allowed development intensity and removed
possible cost barriers by the following and other actions:
• reduced standards such as land area per home by up to 60%,
• reduced setbacks from property lines by as much as 58%,
• removed requirements for minimum home sizes,
• increased maximum allowed heights,
• authorized accessory dwellings for all residential zoning and reduced standards
related to accessory dwelling several times,
• simplified landscaping standards and encouraged lower water use plantings,
• approved dozens of zone map amendments to allow more intensive uses, and
• simplified review processes.
Despite this work, the cost of housing has continued to escalate, especially compared to
wages.
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The gap between cost of construction and wages is not limited to Bozeman city limits. The
One Valley Foundation prepared a housing study in 2021 looking at the entire county and
affordable housing issues. Across all housing types and locations they found consistent gaps
in available wages and cost of construction. The following image is from that report.
There are no regulations that have such impact that their removal could be even close to
offsetting such large increases in home prices and capital gaps between wages and cost of
construction. The City can, and is, examining what it does control to identify such
incremental improvements as may help. To do so, the City retained Clarion and sub
consultants to review the City’s land use regulations. Clarion provided a report with
recommendations of possible changes. The City Commission considered that report on
March 1st and directed staff to begin drafting amendments to regulations.
Ordinances 2111, 2104, and 2105 made amendments to create new flexibility in application
of standards, support affordable housing through incentives, and update the planned
development process. The Commission also directed staff to undertake other amendments
including the removal of the Conditional Use Permit process to support a greater use of
administrative review of development projects as recommended by Clarion.
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There have not been many CUP applications processed in the last few years. Out of a total
application count of 1,797 CUPs have been:
2022 to date – 2
2021 – 1
2020 – 0
2019 – 2
The proposed ordinance does not add or remove uses to the existing use tables in 38.310, nor
does it modify development standards. The ordinance only changes the process of how
existing uses are reviewed for code compliance. The additional step of a public hearing
typically adds 4-6 weeks to the total review process and can be much more depending on the
demand for time on the City Commission agenda. The public hearing element of a CUP adds
a minimum of 10 hours of combined time required just for City staff and elected officials for
even a simple CUP.
The review process used in place of a conditional use permit will continue to provide for
public notice through multiple means. There will still be opportunity for interested persons to
offer input on review of an application.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was
published in the Bozeman Daily Chronicle on 8/28/2022, 9/4/2022, and 9/18/2022 and
contained all required elements. The notice and text was also provided through the City’s
Community Development web viewer. Notice was provided at least 15 days before the public
hearing before the Community Development Board in their capacity as the Zoning
Commission, and not more than 45 days prior to the City Commission public hearing. The
City exceeded the required notice provision. Hearing dates are on the first page of this report.
No written public comment has been received so far on this Ordinance. Comments are
available through the Laserfiche archive. If comments are received they will be placed in the
project folder in Laserfiche.
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman MT 59771
Report By: Chris Saunders, Community Development Manager
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FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Ordinance 2124
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ORDINANCE 2124
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING BOZEMAN MUNICIPAL CODE SECTION 38.200.010 REVIEW AUTHORITY, 38.200.100 BUILDING PERMIT REQUIREMENTS, 38.200.140 FEE SCHEDULE, 38.200.160 VIOLATION; PENALTY; ASSISTING OR
ABETTING; ADDITIONAL REMEDIES, 38.210.010 PURPOSE OF DRC, DRB, ADR, WRB, AND BOA, 38.220.410 CONTENTS OF NOTICE, 38.220.420 NOTICE REQUIREMENTS FOR APPLICATION PROCESSING, 38.230.030 SPECIAL DEVELOPMENT PROPOSALS ADDITIONAL APPLICATION REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA, 38.230.090 PLAN REVIEW PROCEDURES, 38.230.010 INTRODUCTION, 38.230.110 CONDITIONAL USE PERMIT, 38.230.120 SPECIAL USE PERMIT, 38.250.070 ZONING VARIANCES, 38.250.100 REASONABLE ACCOMMODATION, 38.280.010 NONCONFORMING USES, 38.280.020 CHANGES TO OR EXPANSIONS OF NONCONFORMING USES, 38.280.040 NONCONFORMING STRUCTURES, 38.300.110 COMMERCIAL AND MIXED-USE ZONING DISTRICTS INTENT AND PURPOSE, DIVISION 38.310 PERMITTED USES, SECTION 38.340.040 CERTIFICATE OF APPROPRIATENESS, 38.350.030 USE OF LANDS, BUILDINGS AND STRUCTURES, 38.360.010 PURPOSE, 38.360.230 STABLE, COMMERCIAL, 38.370.020 SPECIAL SUBMITTAL REQUIREMENTS, 38.370.030 USES WITHIN DISTRICTS AND REQUIRED REVIEW PROCEDURES, 38.370.040 STANDARDS, 38.540.020 STALL, AISLE AND DRIVEWAY DESIGN, 38.560.060 SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT, 38.570.110 NONCONFORMING LIGHTING, 38.700.040 C DEFINITIONS, 38.700.150 P DEFINITIONS, AND PROVIDING AN EFFECTIVE DATE, APPLICATION 22258.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and
WHEREAS, after proper notice, the Community Development Board in their capacity as
Bozeman Zoning Commission held a public hearing on September 19, 2022 to receive and
review all written and oral testimony on the proposed amendments; and
WHEREAS, the Community Development Board acting in their capacity as the
Bozeman Zoning Commission recommended to the Bozeman City Commission that Ordinance
2124, be approved as proposed; and
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WHEREAS, after proper notice, the City Commission held its public hearing on October
4, 2022, to receive and review all written and oral testimony on the proposed amendment to the
subdivision regulations; and
WHEREAS, the City Commission has reviewed and considered the applicable
amendment criteria established in Montana Code Annotated § 76-2-304, and found that the
proposed amendments are in compliance with the criteria; and
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana that:
SECTION 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501.
2. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by
Resolution 5133 to establish policies for development of the community.
3. The city commission identifies affordable housing as one of its main strategic goals:
“Housing and Transportation Choices - Vigorously encourage, through a wide variety of
actions, the development of sustainable and lasting housing options for under-served
individuals and families and improve mobility options that accommodate all travel modes.”
4. The Community Housing Needs Assessment (February 2019) was completed to help the
city identify, understand and address the housing challenges and problems faced by local
residents and employees in the city.
5. The Bozeman Community Housing Action Plan was approved by city commission on
November 18th, 2019, and amended on January 13, 2020. The Action Plan outlines a
partnership framework to address affordable housing (also called community housing) in
Bozeman over a five-year period and recommends edits to this chapter.
6. The City retained Clarion and sub consultants to review the City’s land use regulations
with a lens of affordability and Clarion provided a report with recommendations of possible
changes including increasing administrative review of development proposals.
7. A staff report analyzing the required criteria for an amendment to the City’s regulations for
zoning review, including the amendment’s accordance with the BCP 2020, and has found that the required criteria of Montana Code Annotated § 76-1-304 are satisfied.
8. The necessary public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the applicable materials and provide
comment.
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9. The Community Development Board acting in its capacity as the municipal Zoning
Commission considered the application materials, staff analysis and report, all submitted
public comment, and all other relevant information and recommended approval.
10. The City Commission considered the application materials, staff analysis and report, recommendation of the Community Development Board acting in their capacity as the municipal Zoning Commission and Planning Board, all submitted public comment, and all
other relevant information.
11. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of the decision, the required criteria for approval of this ordinance are satisfied.
12. The City Commission determines that the ordinance provides a proper balance of interests,
rights, and responsibilities of all parties affected by the ordinance.
Section 2 That Paragraph 38.200.010.A, of the Bozeman Municipal Code be amended as follows:
A. The city commission has the authority to review and require revisions to all development
proposals subject to this chapter, and delegates that authority in certain circumstances as set
forth below. The purpose of this review is to prevent demonstrable adverse impacts of the
development upon public safety, health or general welfare, or to provide for its mitigation; to
protect public investments in roads, drainage facilities, sewage facilities, water facilities, and
other facilities; to conserve the value of adjoining buildings and/or property; to protect the
character of the city; to protect the right of use of property; advance the purposes and
standards of this chapter and the adopted growth policy; and to ensure that the applicable
regulations of the city are upheld.
1. The city commission retains to itself under all circumstances the review of the following:
a. Subdivisions which do not qualify as a subdivision exemption per article 2 of this
chapter;
b. Amendments to the text of this chapter or amendment to the zoning map including
planned development zones per 38.430.090;
c. Requests for cash-in-lieu of parkland dedications, except:
(1) In the B-3 zone district; or
(2) When by resolution the city commission delegates decisions on cash-in-lieu for
development for which it would not otherwise be the review authority.
d. Extensions of subdivision preliminary plat approvals for periods greater than two
years;
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e. Appeals from administrative interpretations and final project review decisions;
f. Approval of preliminary park master plans when associated with a development
for which the city commission is the review authority;
g. Large scale retail per section 38.360.160;
h. More than two deviations or where deviation is for more than 20 percent of standard.
i. Conditional use permits when no board of adjustment is established;
2. The city commission conducts public hearing for applications under 76-2-402, MCA.
SECTION 3
Section 38.200.100 Building permit requirements of the Bozeman Municipal Code be amended
as follows:
Sec. 38.200.100. Building permit requirements.
A. No building or other structure may be erected, moved, added to or structurally altered and no land use may be changed without valid permits as prescribed in this division.
1. Only minor site surface preparation and normal maintenance is allowed prior to
conditional approval by the appropriate review authority and the issuance of a building permit, provided such activity does not include excavation for foundations or the removal of mature, healthy vegetation. Minor site surface preparation means disturbing less than one-half acre, movement of 30 cubic yards or less of material, or a cut or fill of less than cumulative one foot whichever is less. Any excavation and site disturbance
must be in conformance with an approved stormwater control plan. No excavation of foundations or setting of forms can commence until final site or sketch plan approval has been granted and until building permits have been issued. Proceeding prior to building permit issuance is at the hazard of the landowner.
a. Exception: The issuance of building permits may be allowed prior to completion
of infrastructure improvements, pursuant to the provisions established in division 38.270.
2. Building permit. Within the limits of the city, building permits must be obtained as provided by section 10.02.020.
3. Based upon an approved sketch, site plan, certificate of appropriateness, conditional
special use permit (hereinafter referred to as "plan"), and after any appeals have been resolved, a building permit for the site may be requested and may be granted, provided such building permit is granted within one year of plan approval. Prior to lapse of one year, the applicant may seek an extension as allowed in divisions 38.230.
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SECTION 4
Section 38.200.140, Fee Schedule of the Bozeman Municipal Code be amended as follows:
Sec. 38.200.140. Fee schedule.
A. The city commission must establish a schedule of fees, charges and expenses and a collection procedure for reviews, permits, appeals and other matters pertaining to this chapter. The schedule of fees for the procedures listed below will be set from time to time by the city commission by resolution. The fees must be available in the office of the
community development director and may be altered or amended only by the city commission.
B. No subdivision, or zoning permit allowed by this chapter, zone change, site plan, conditional use, special temporary use, planned unit development, deviation or variance may be issued unless or until such costs, charges, fees or expenses have been paid in full,
nor may any action be taken on proceedings before any advisory body or review authority the administrative design review staff, development review committee, the design review board, the zoning commission, the planning board or the city commission until fees have been paid in full.
SECTION 5
Paragraph 38.200.160.A of the Bozeman Municipal Code be amended as follows:
A. Violation of the provisions of this chapter or failure to comply with any of its requirements including violations of conditions of approval and safeguards established in connection with the grant of variances or conditional uses or any of the required conditions imposed by the
review authority is a misdemeanor. Any person who violates this chapter or fails to comply
with any of its requirements may upon conviction thereof be fined or imprisoned or both, either as set forth in state law regarding subdivision and zoning, or in accordance with section 1.01.210, and in addition must pay all costs and expenses involved in the case except as stated in subsection D of this section.
1. Each day such violation continues is a separate offense and punishable as such.
2. For violations relating to plats each sale, lease or transfer of each separate parcel of land in violation of any provision of these regulations or the Montana Subdivision and Platting Act is a separate and distinct offense.
SECTION 6
Paragraph 38.210.010.A of the Bozeman Municipal Code be amended as follows:
A. Purpose. The development review committee (DRC), design review board (DRB), administrative design review staff (ADR) and, if established, wetlands review board (WRB), is to coordinate, expedite and ensure fair and equitable implementation of this
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chapter. The objective, to be implemented through their procedures and deliberations, is to
encourage development quality that will enhance both the natural and built environments,
with consideration to present and future property values, and to carry out the purposes of this chapter. All bodies authorized or referenced under this division 38.210 may call upon any city staff or other persons with technical expertise, and may testify before any board, commission or other body upon the subjects for which they have responsibility.
1. DRC. The DRC evaluates all proposals subject to the provisions of this chapter. The
DRC is the body charged with reviewing items relating to public health and safety. The DRC acts as an advisory body to the review authority established by section 38.200.010 for site plans, conditional use permits, planned unit developments, divisions of land, zone map amendments, annexations and other actions as requested
by review authority.
2. DRB. The DRB has the duties and responsibilities established by 2.05.3000.
3. ADR. The ADR may review development applications subject to design review for zoning amendments, or applications for moving, demolition or any other kind of permit.
4. WRB. The WRB, if established, has the duties and responsibilities established by
section 2.05.2900.
5. BOA. The BOA, if established, has the duties and responsibilities established by section 2.05.2810.
SECTION 7
Paragraph 38.220.410.B of the Bozeman Municipal Code be amended as follows:
B. Mailed and posted notices required for applications specific to individual sites site plans,
master site plans, certificates of appropriateness, special use permits, conditional use
permits, planned unit developments, deviations, variances and subdivisions must also
include a map of the area of the development so as to indicate its general location and
proximity to surrounding properties.
SECTION 8
Table 38.220.420, Minimum standards for timing, location of noticing area and type of notice of
the Bozeman Municipal Code be amended as follows:
Table 38.220.420
Minimum standards for timing, location of noticing area and type of notice.
Application Distance Notice Type
Text amendment NA Newspaper
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Zone Map Amendment - rezoning or with
annexation
200 Newspaper, post on-
site, mail 1st class
Zone Map Amendment - Resulting from ordinance changes None Newspaper
Variance - Floodplain and zoning 200 Newspaper, post on-site, mail 1st class
Noticing for 76-2-402, MCA claims None Newspaper, post on-site
Deviation 200 Newspaper, post on-site, mail 1st class
Appeals of Administrative Project Decisions 200 Newspaper, post on-
site, mail 1st class
Appeals of Administrative Interpretations None Newspaper
Sketch plan/reuse/change in use/further development None None
Sketch plans for adding dwellings in the
neighborhood conservation overlay district,
demolition of historic structures as defined in article 7 of this chapter, or modification of wetlands.
None Post on-site
Informal/concept plan None None
Preliminary site plan and master site plan 200 Post on-site, mail 1st class
Preliminary Planned Unit Development 200 Newspaper, post on-site, mail 1st class
Conditional Use Permit / Special Use Permit 200 Newspaper, post on-
site, mail 1st class
Floodplain permit 200 Newspaper, mail 1st class
Certificate Of Appropriateness None None
Subdivision exemption None None
Subdivision subject to 76-3-616 MCA including subdivision or other variances 200 Post on-site, mail 1st class
Subdivision subject to 76-3-623 MCA 200 Newspaper, post on-site, certified mail to adjacent owners, mail
1st class all others
Notice of violation per 38.200.160 None Certified mail to landowner
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SECTION 10
Section 38.230.010 Introduction of the Bozeman Municipal Code be amended as follows:
Sec. 38.230.010. Introduction.
A. All non-subdivision development proposals within the city will be subject to plan review
and approval except repair, maintenance, grading below the minimum defined limits of this
chapter, and interior remodeling, or other items specifically exempted in this chapter.
Depending on the complexity of development and status of proposed use in the applicable
zoning district, either sketch plans, site plans, master site plans, or special use permits, or
conditional use permits (referred to herein as a "plan") will be required as specified in this
division 38.230. Although work may be exempt from zoning review it may require review
for other permits before construction may begin.
B. Special development proposals (e.g., PUDs, CUPs, variances, etc.) require other
information to be submitted in conjunction with plans and are subject to requirements
specific to the type of proposal. These additional submittal requirements and review
procedures are outlined in section 38.230.030.
C. When a development is proposed within a neighborhood conservation overlay district or
historic district, or proposes signs which do not specifically conform to the requirements of
this chapter, design review is required in conjunction with plan review per the authority in
section 38.210.010. In such cases, additional submittal requirements and review procedures
apply as outlined in section 38.220.090.
D. Conditional Special uses. Certain uses, while generally not suitable in a particular zoning
district, may, under certain circumstances, be acceptable. When such circumstances can be
demonstrated by the applicant to exist, a conditional special use permit may be granted by
the review authority. Conditions may be applied to the issuance of the permit and periodic
review may be required. No conditional use permit must be special use permit may be
granted for a use which is not specifically designated as a conditional special use in this
chapter.
E. Approval will be granted for a particular use and not for a particular person or firm.
F. This division 38.230 is provided to meet the purposes of section 38.100.040 and all other
relevant portions of this chapter.
G. Applications subject to this division 38.230 are reviewed under the authority established by
division 38.200 of this chapter.
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SECTION 11
Paragraph 38.230.030.B of the Bozeman Municipal Code be amended as follows:
B. Review procedures and review criteria. Additional review procedures and review criteria for
specific development proposals are defined in the following sections and divisions of this
chapter:
1. Section 38.230.080, Certificate of appropriateness;
2. Section 38.230.110, Conditional use;
2 3. Section 38.230.120, Special use permit;
3 4. Division 38.360, Standards for Specific Uses;
4 5. Division 38.370, Telecommunications;
5 6. Division 38.600, Floodplain Regulations; and
6 7. Division 38.250, Appeals, Deviations and Variance Procedures.
SECTION 12
Paragraph 38.230.090.E.2 of the Bozeman Municipal Code be amended as follows:
2. Plan with deviations or variances or conditional use permits. The review authority must
provide an opportunity for the public to comment upon a proposed plan. The notice
must comply with the requirements of division 38.220 of this chapter.
a. The review authority, after receiving the recommendations of the advisory bodies
and considering any public comment must act to approve, approve with conditions
or deny an application. The decision must be in writing and must include any
special conditions which are to be applied to the development.
SECTION 13
Section 38.230.110 Conditional Use Permit of the Bozeman Municipal Code be repealed in its
entirety and the section reserved.
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SECTION 14
Section 38.230.120 – Special use permit of the Bozeman Municipal Code be amended as
follows:
A. The person applying for a special use permit must fill out and submit to the community
development department the appropriate form with the required fee. The request for a
special use permit must follow the procedures and application requirements of this division
38.230.
B. The review authority, in approving a special use permit, must review the application against
the review requirements of section 38.230.100.
C. In addition to the review criteria of section 38.230.100, the review authority must, in
approving a special use permit, determine favorably that applications meet the review
criteria set forth for conditional use permits as set forth in subsections 38.230.110.E through
I.
C. In addition to the review criteria of section 38.230.100, the review authority must, in
approving a special use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate
such use, and all setbacks, spaces, walls and fences, parking, loading and landscaping
are adequate to properly relate such use with the land and uses in the vicinity;
2. That the proposed use will have no material adverse effect upon the abutting property.
Persons objecting to the recommendations of review bodies carry the burden of proof;
3. That any additional conditions stated in the approval are deemed necessary to protect
the public health, safety and general welfare. Such conditions may include, but are not
limited to:
a. Special setbacks, screening, and buffers;
b. Special fences, solid fences, and walls;
c. Surfacing of parking areas and stormwater controls;
d. Regulation of noise, vibrations, lighting, and odors;
e. Regulation of hours for certain activities;
f. Time period within which the proposed use must be developed;
g. Location of use;
h. Duration of use; and
i. Other such conditions as will make possible the development of the city in an
orderly and efficient manner.
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D. In addition to all other conditions, the following general requirements apply to every special
use permit granted:
1. The right to a use and occupancy permit is contingent upon the fulfillment of all
general and special conditions imposed by the special use permit procedure; and
2. All of the conditions constitute restrictions running with the land use, apply and must
be adhered to by the owner of the land, successors or assigns, are binding upon the
owner of the land, their successors or assigns, must be consented to in writing, and
must be recorded as such with the county clerk and recorder's office by the property
owner prior to the issuance of any building permits, final plan approval or
commencement of the conditional use.
E. Applications for special use permits may be approved, conditionally approved or denied by
the review authority. If an application is denied, the denial constitutes a determination that
the applicant has not shown that the conditions required for approval do exist.
F. If the special use permit has been approvedgranted, the permit will be issued upon the
signature of the review authority after completion of all conditions and final plan.
G. Termination/revocation of special use permit approval.
1. Special use permits are approved based on an analysis of current local circumstances
and regulatory requirements. Over time these things may change and the use may no
longer be appropriate to a location. A special use permit will be considered as
terminated and of no further effect if:
a. After having been commenced, the approved use is not actively conducted on the
site for a period of two continuous calendar years;
b. Final zoning approval to reuse the property for another use is granted;
c. The use or development of the site is not begun within the time limits of the final
plan approval in section 38.230.140.
2. A special use which has terminated may be reestablished on a site by either, the review
and approval of a new special use permit application, or a determination by the
community development director that the local circumstances and regulatory
requirements are essentially the same as at the time of the original approval. A denial
of renewal by the review authority may not be appealed. If the review authority
determines that the special use permit may be renewed on a site then any conditions of
approval of the original special use permit are also renewed.
3. If activity begins for which a special use permit has been given final approval, all
activities must comply with any conditions of approval or code requirements. Should
there be a failure to maintain compliance the city may revoke the approval through the
procedures outlined in section 38.200.160.
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SECTION 15
Paragraph 38.250.070.D of the Bozeman Municipal Code be amended as follows:
D. Authorization and limitations on approval.
1. The review authority may, after public notice, opportunity for public comment, and
consideration of the application, deny, approve or conditionally approve all requests
for variances meeting all the criteria of this section, including:
a. Requests to modify dimensional or other numerical requirements of this chapter;
b. Requests for multiple variances;
c. Requests to modify flood hazard district requirements subject to the provisions of
article 6 of this chapter, except that no variance may be granted to allow
construction of buildings within the floodway of a 100-year frequency flood as
defined in title 76, chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.);
and
d. Requests for variances in conjunction with conditional use permits. Approvals of
all such variances must be conditioned upon review authority approval of the
conditional use permit.
2. The scope and extent of the variance must be limited to the minimum relief necessary
to provide reasonable use of the property.
3. In no case may the review authority grant variances to allow uses not already permitted
pursuant to this chapter or alter administrative requirements of this chapter. Permission
to change uses allowed on a parcel may be sought through a zone map amendment, or
an amendment to the text of the applicable zoning district.
4. Notifications of approval for variances related to flood hazard requirements of article 6
of this chapter must notify the applicant that:
a. The issuance of a variance to construct a building below the 100-year floodplain
elevation will result in increased premium rates; and
b. Such construction below the 100-year flood elevation increases risks to life and
property.
SECTION 16
Paragraph 38.250.100.B of the Bozeman Municipal Code be amended as follows:
B. Procedure.
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1. Application. A request for reasonable accommodation must be submitted on an
application form provided by the community development department or in the form of
a letter to the community development director, and must contain the following
information:
a. The applicant's name, address, and telephone number;
b. Address of the property for which the request is being made;
c. Authorization from the owner of the subject property for the applicant to request
the reasonable accommodation;
d. The current actual use of the property;
e. The basis for the claim as follows:
(1) That the individual or group of individuals is considered physically or
mentally disabled or handicapped under the applicable non-discrimination
laws, including identification and description of the disability or handicap
which is the basis for the request for accommodation and current, written
medical certification and description of disability or handicap and its effects
on the person's medical, physical or mental limitations; or
(2) That the individual or group of individuals is a protected class based on race,
color, religion, sex, creed, familial status, marital status, age, or national
origin, as defined under the applicable non-discrimination laws, including
identification and description of the protected class which is the basis of the
request for accommodation.
f. The code provision, regulation, procedure and/or policy from which reasonable
accommodation is being requested;
g. The type and extent of reasonable accommodation sought;
h. The reason(s) why the accommodation is reasonable and necessary for the needs
of the individual(s), including a summary of any potential alternatives contained
in this chapter considered in requesting the accommodation and why other
alternatives contained in this chapter are not feasible;
i. Copies of memoranda, correspondence, pictures, plans or background information
reasonably necessary to reach a decision regarding the need for the
accommodation; and
j. Other supportive information deemed necessary by the department to facilitate
proper consideration of the request, consistent with applicable non-discrimination
laws.
2. Review with other land use applications. If the project for which the request for
reasonable accommodation is being made also requires some other discretionary
approval (including conditional use permit, etc.), then the applicant must file the
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information required by subsection 1 of this section for concurrent review of the
request for reasonable accommodation with the application for discretionary approval.
3. Review authority.
a. Community development director. A request for reasonable accommodation must
be reviewed by the community development director if no approval is sought
other than the request for reasonable accommodation. No fee may be charged for
the review of such a request for reasonable accommodation.
b. Other review authority. A request for reasonable accommodation submitted for
concurrent review with another discretionary land use application must be
reviewed by the authority responsible for the discretionary land use application.
No fee in addition to that charged for the other discretionary land use application
may be charged for the review of such a request for reasonable accommodation.
4. Review.
a. Community development director. The director must make a written
determination within 20 calendar days of the application being deemed complete
and either grant, grant with conditions, or deny a request for reasonable
accommodation. If necessary to reach a determination on the request for
reasonable accommodation, the director may request further information from the
applicant consistent with applicable non-discrimination laws, specifying in detail
the information that is required. In the event that a request for additional
information is made, the 20-day period to issue a decision must be stayed until the
applicant responds to the request.
b. Other review authority. The written determination on whether to grant or deny the
request for reasonable accommodation must be made by the authority responsible
for the discretionary land use application in compliance with the applicable
review procedure for the discretionary review.
5. Notice.
a. Community development director. No advance notice or public hearing is
required for consideration of reasonable accommodation requests by the
community development director.
b. Other review authority. Requests for reasonable accommodation subject to review
by other review authorities require public notice and a public review process
pursuant to the requirements for the other discretionary land use application that is
the subject of the review, including all public notice provisions pursuant to section
38.220.420.
6. Balancing rights and requirements. In reviewing applications for requests for
reasonable accommodation, the city must balance:
a. The privacy rights and reasonable request of an applicant for confidentiality; with
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b. The land use requirements for notice and public hearing, factual findings and
rights to appeal, in the city's requests for information, considering an application,
preparing written findings and maintaining records for a request for reasonable
accommodation.
c. Any document identifying the disability or medical condition of any specific
person must be treated as confidential and is subject to disclosure by the city for
any reason, including for compliance with the Open Records Act, unless ordered
to do so by a court of competent jurisdiction and notice is given to the person who
provided the document to the city. Specifically, any medical records regardless of
source, including statements of medical providers, must not be disclosed. For any
other type of document, such as an application or determination, the document
may be subject to disclosure, but only after the nature or description of the
person's disability or medical condition is redacted by the city. A statement
regarding the city's handling of information subject to this provision must be
printed on the city's reasonable accommodation application form, posted on the
city's website, and printed at the bottom of any written document issued by the
city determining a reasonable accommodation application.
SECTION 17
Paragraph 38.280.010.B of the Bozeman Municipal Code be amended as follows:
B. Except as otherwise specified in this division, the right to operate and maintain a
nonconforming use must terminate when the structure or structures housing such use are
destroyed by any means to an extent of more than 50 percent of its replacement cost at the
time of destruction. However, in the event of damage by natural disaster to the extent
described herein, a said nonconforming use or uses may be reestablished through a
conditional special use permit procedure as set forth in division 38.230 of this chapter. Such
restoration must comply to the maximum extent reasonably feasible with the requirements
of this chapter.
SECTION 18
Section 38.280.020. Changes to or expansions of nonconforming uses of the Bozeman Municipal
Code be amended as follows:
Sec. 38.280.020. Changes to or expansions of nonconforming uses.
A. Lawful nonconforming non-residential use.
1. A lawful nonconforming non-residential use must not be changed except in
conformance with the use requirements of the zone in which it is located. Except,
however, a lawful nonconforming non-residential use may be changed to another
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nonconforming use, provided that the proposed use is not of greater intensity than the
original use, as determined by the criteria in section 38.280.020.A.2, and that a
conditional special use permit is obtained from the review authority. A lawful
nonconforming non-residential use may be expanded only through the granting of a
conditional special use permit by the review authority. In considering the
appropriateness of the conditional use permit application, the review authority must
weigh the criteria set forth in 38.230.110. In addition, the review authority must
consider whether the expansion is reasonable, natural and incidental to the growth and
use of an existing business. In general, proposals to expand nonconforming uses must
not be approved if the expansion would encompass new land or property which was
not in use at the time of the enactment of zoning or a change in zoning.
2. To approve a conditional special use permit to change or expand a nonconforming non-
residential use, the review authority must determine that the proposed nonconforming
use is more appropriate to the district than the existing nonconforming use, and that no
unsafe or unhealthy conditions are perpetuated. In making such a determination, the
review authority must weigh the following criteria in addition to the criteria applicable
to all conditional special use permits:
a. Traffic impacts, both on-site and off-site;
b. Off-street parking and loading requirements;
c. The visual impact on the surrounding area;
d. The degree of compliance with the adopted growth policy and this chapter;
e. The level of conflict with other uses in the surrounding area;
f. The presence of other nonconformities in the surrounding area;
g. The degree to which any existing unsafe or hazardous conditions would be
mitigated;
h. The viability of the subject structure; and
i. On-site and off-site impacts from noise, dust, smoke, surface or groundwater
contamination, or other environmental impacts.
B. Lawful nonconforming residential use.
1. A lawful nonconforming residential use may be reduced in terms of the number of
dwelling units, in an effort to achieve greater conformance with the underlying zoning
designation, through the review process required by divisions 38.340 and 38.230 of
this chapter, without the need to obtain a conditional special use permit from the
review authority. A lawful nonconforming residential use must not be permitted to
increase the number of dwelling units.
2. The maintenance and reconstruction of existing nonconforming residential dwelling
units is allowed, in compliance with applicable fire and building codes, including
expansion of up to 20 percent of the existing total residential area, without the need of
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a conditional special use permit, as long as the number of dwelling units on the lot is
not increased. In instances where new construction is allowed, all appropriate
approvals such as a certificate of appropriateness or building permit must be obtained
prior to the initiation of construction.
SECTION 19
Section 38.280.040. Nonconforming structures of the Bozeman Municipal Code be amended as
follows:
Sec. 38.280.040. Nonconforming structures.
A. Any nonconforming structure lawfully existing upon the effective date of the ordinance
from which this chapter is derived may be continued at the size and configuration existing
upon such date except as hereinafter specified, or in the case of signage as specified in
division 38.560 of this chapter and lighting as specified in section 38.570.110.
B. The right to operate and maintain a nonconforming structure terminates when the structure
is destroyed by any means to an extent of more than 50 percent of its replacement cost at the
time of destruction. However, in the event of damage by natural disaster to the extent
described herein, said nonconforming nonresidential structure may be reestablished through
a conditional special use permit procedure as set forth in division 38.230 of this chapter.
Such restoration must comply to the maximum extent feasible with the requirements of this
chapter.
C. Normal maintenance of a lawful nonconforming structure is permitted, including necessary
structural repairs provided such structural repairs do not enlarge the structure or intensify
the use.
SECTION 20
Paragraph 38.300.110.G of the Bozeman Municipal Code be amended as follows:
G. Northeast historic mixed-use district—intent and purpose.
1. The intent of the northeast historic mixed-use district is to provide recognition of an
area that has developed with a blend of uses not commonly seen under typical zoning
requirements. The unique qualities and nature of the area are not found elsewhere in
the city and should be preserved as a place offering additional opportunities for
creative integration of land uses. The intent of this area is to allow private and case-by-
case determination of the most appropriate use of land in a broad range of both non-
residential and residential uses. Standards for buffering between different land uses are
deliberately not as high as standards elsewhere in the community as it is assumed that
persons choosing to locate in this area are aware of the variety of possible adjacent
land uses and have accepted such possibilities as both acceptable and desirable. It is
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expected that the lots within this district will continue to develop under a variety of
uses which may increase or decrease in scope in any given portion of the district.
2. The clear intent of this district is to support a mix and variety of non-residential and
residential uses. Nothing in division 38.300 of this article shall be interpreted to be
discouraging or prejudicial to any listed use except as set forth as principal and
conditional special uses.
SECTION 21
Division 38.310 Permitted Uses of the Bozeman Municipal Code be amended as follows:
Sec. 38.310.010. Interpretation of land use tables.
A. Uses in the various districts are depicted in Tables 38.310.030—38.310.040. Principal uses
are indicated with a "P," conditional uses are indicated with a "C," special uses are indicated
with a "S", accessory uses are indicated with an "A" and uses which are not permitted
within the district are indicated by a "-."
B. Additional uses for wireless facilities are contained in sections 38.370.010 to 38.370.040.
C. The uses listed are deliberately broad and some are given special definitions in article 7 of
this chapter. The intent of this method is to provide general guidance for uses while
allowing the unique needs and circumstances of each proposal to be specifically addressed
through the review process. Some uses are the subject of special regulations contained in
division 38.360 of this article.
D. Clarification of permitted uses and special conditions:
1. If a * appears after the use, then the use is defined in article 7.
2. Where a code section is referenced after the use, then the use is subject to the
additional standards in that code section.
3. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are
multiple numbers, then the use is subject to all applicable development conditions.
4. Where a number with a "sf" reference appears below a P or CS in the box, it means
that the use is permitted or conditionally permitted up to the (maximum) listed square
footage in gross building area.
5. If more than one letter-number combination appears in the box (e.g., P2, 3), the use is
allowed in the zone subject to different sets of limitations or conditions depending on
the review process indicated by the letter, the general requirements of the code and the
specific conditions indicated in the development condition with the corresponding
number immediately following the table.
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Sec. 38.310.020. Classification of uses; community development director and city
commission authority.
A. When a use is not clearly defined or otherwise identified in the code so that it may be
determined if it is allowed within a district the community development director must
determine the appropriate classification of a particular use. In making this determination,
the community development director must find:
1. That the use is the same as one or more uses permitted in the district wherein it is
proposed to be located; or
2. That the use is so similar to one or more uses permitted in the district wherein it is
proposed to be located as to be interpreted as the same, so long as:
a. The use and its operation are comparable with the uses permitted in the district
wherein the use is proposed to be located, in terms of:
i. The amount, type, and pattern of vehicular traffic anticipated for the use, and
ii. The expected outdoor uses and activities associated with the use;
b. The use will not cause substantial injury to values of property in the neighborhood
or district wherein it is proposed to be located; and
c. Neither the intent of this chapter nor the intent of the district will be abrogated by
such classification.
Persons objecting to a decision of the community development director regarding a classification
of a use carry the burden of proof to establish error in the decision.
B. If a question arises concerning the appropriate classification of a particular use, the
community development director may submit the question to the city commission to
determine whether the particular use is the same or so similar as to be interpreted the same
as a listed permitted or conditional special use. In making such a determination, the city
commission must find that the criteria set forth in either subsection A.1 or 2 of this section
are met.
C. If a specific use is not listed and cannot be interpreted to be the same, or so similar as to be
interpreted the same, as a listed accessory, principal or conditional special use, the use must
not be allowed. However, an amendment to the text of this chapter may be submitted for
review and approval pursuant to the requirements of this chapter to allow such use as a
listed principal, conditional special, or accessory use (as defined in section division
38.700.020).
Sec. 38.310.030. Authorized uses—Residential zoning districts.
Table 38.310.030.A
Permitted general and group residential uses in residential zoning districts
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Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — =
Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
General residential
Accessory dwelling
units* - attached or
detached (38.360.040)
P P P P P P P —
Apartments/apartment
building*
— — — — P P P —
Apartment building,
limited3 (38.360.070)
— — — P P P P —
Cottage housing
(38.360.120)*
P P P P P P P P
Manufactured homes on
permanent
foundations(38.360.170)*
P P P P P P P P
Manufactured home
communities*
— — — — — — — P
Single-household
dwelling (38.360.220)
P P P P P P P P
Two-household dwelling
(38.360.220)
— — P P P P P —
Three household
dwelling or four-
household dwelling
(38.360.220)
— — — P P P P —
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Townhouses* &
rowhouses* (two
attached
units)(38.360.250)
— — P P P P P —
Townhouses* &
rowhouses* (five
attached units or less)
(38.360.250)
— — — P2 P P P —
Townhouses* &
rowhouses* (more than
five attached units)
(38.360.250)
— — — — P P P —
Group residential
Community residential
facilities* with eight or
fewer residents
P P P P P P P P
Community residential
facilities* serving nine or
more residents
— — — S P P P —
Cooperative household* S S S P P P P S
Family day care home* P P P P P P P P
Group day care home* P P P P P P P P
Group living
(38.360.135)*
P P P P P P P P
Lodging houses* — — — S P P P —
Transitional and
emergency housing
(38.360.140)* and related
services
S S S S S S S S
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is
determined by the underlying growth policy land use designation. Where the district
lies over a residential growth policy designation the primary use shall be non-office
uses; where the district lies over a non-residential designation the primary use shall be
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office and other non-residential uses. Primary use shall be measured by percentage of
building floor area.
2. In the R-3 district, townhouse groups must not exceed 120 feet in total width.
3. Supplemental use criteria for apartment building, limited are in section 38.360.070.
Table 38.310.030.B
Permitted accessory and non-residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — =
Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
Accessory uses
Essential
services Type I*
A A A A A A A A
Guest house* A A A A A A A —
Home-based
businesses
(38.360.150)*
A/S A/S A/S A/S A/S A/S A/S A/S
Other buildings
and structures
typically
accessory to
authorized uses
A A A A A A A A
Private or jointly
owned
recreational
facilities
A A A A A A A A
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Signs*, subject
to article 5 of
this chapter
A A A A A A A A
Temporary
buildings and
yards incidental
to construction
work
A A A A A A A A
Temporary sales
and office
buildings
A A A A A A A A
Non-residential uses
Agricultural
uses* on 2.5
acres or more
(38.360.270)
P — — — — — — —
Agricultural
uses* on less
than 2.5 acres
(38.360.270)
C S — — — — — — —
Bed and
breakfast*
C S C S C S C S P P P —
Commercial
stable
(38.360.230)
C S — — — — — — —
Community
centers*
C S C S C S C S C S C S P C S
Day care
centers*
S S S P P P P S
Essential
services Type
II*
P P P P P P P P
Essential
services Type
III*2
C S C S C S C S C S C S C S C S
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Short Term
Rental (Type 1)*
P P P P P P P —
Short Term
Rental (Type 2)*
— — P P P P P —
Short Term
Rental (Type 3)*
— — — — — — — —
General service
establishment*
— — — — — — P5 —
Golf courses C S C S — — — — — —
Offices* — — — — S3 S3 P —
Public and
private parks
P P P P P P P P
Medical offices,
clinics, and
centers*
— — — — C S C S 3 P —
Recreational
vehicle parks
(38.360.210)*
C S — — — — — — P
Restaurant* — — — — — P4 P5, 6 —
Retail* — — — — — P4 P5, 6 —
Veterinary uses S — — — — — — —
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is
determined by the underlying growth policy land use designation. Where the district
lies over a residential growth policy designation the primary use shall be non-office
uses; where the district lies over a non-residential designation the primary use shall be
office and other non-residential uses. Primary use shall be measured by percentage of
building floor area.
2. Only allowed when service may not be provided from an alternative site or a less
intensive installation or set of installations.
3. Only when in conjunction with dwellings.
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4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on
street corner sites within a mixed-use building featuring residential units next to and/or
above subject uses.
5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant.
6. These uses may not include drive-through facilities.
Sec. 38.310.040. Authorized uses—Commercial, mixed-use, and industrial zoning districts.
Table 38.310.040.A
Permitted general sales uses in commercial, mixed-use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — =
Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C S in the box, it means that
the use is permitted or conditionally permitted up to the (maximum) listed square footage in
gross building area.
Uses Zoning Districts
Commercial Mixed Use Industrial PL
I B
-
11
B
-2
B-
2
M
B
-3
UMU
(38.310.050
)
REMU
(38.310.060
)
NEHMU
2
B
P
M
-1
M
-2
General sales
Automobile
fuel sales or
repair
(38.360.080)
*
S S S S S S P — P P —
Convenience
uses
— P P C
P
C P P P — — — —
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(38.360.110)
*
Heavy retail
establishmen
t (Retail,
large scale -
38.360.160)*
— P P C
S
P C S P — P P —
Restaurants* P3 P P P P P P
1,500 sf
— P3 P3 —
Retail*
• 0-5,000sf
GFA
P4 P4 P4 P4 P4 P4,5 A6 C S 7 A6 A6
C
S 7
A6
C
S 7
—
• 5,001-
24,999sf
GFA
— P4 P4 P4 P4 P4,5 A6 C S 7 A6 A6
C
S 7
A6
C
S 7
—
• 25,000sf-
39,999sf
GFA
— P4 P4 P4 P4 — A6 C S 7 A6 A6
C
S7
A6
C
S7
—
• Over
40,000sf
GFA (Retail,
large scale -
38.360.160)*
— P4 P4 — S4 — — — — — —
Sales of
alcohol for
on-premises
consumption
(38.360.060)
S8 S8 S8 S8 S8,9 S8,9 S8 — C
S
8,
10
C
S
8,
10
—
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square
feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district
(see table 38.310.030 for those not listed in this table).
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3. Occupying not more than 20 percent of the gross floor area of a building or 1,500
square feet, whichever is less, or occupying not more than 45 percent of the gross floor
area of a food processing facility.
4. Excluding adult businesses as defined in section 38.700.020 of this chapter.
5. Special REMU district conditions based on the amount of on-site retail uses:
a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square
feet are limited to no more than four structures per 100 acres of contiguous master
planned development and subject to section 38.310.060.C.
b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square
feet are limited to no more than two structures per 100 acres of contiguous master
planned development and subject to section 38.310.060.C.
6. Retail sales of goods produced or warehoused on site and related products, not to
exceed 20 percent of gross floor area or 10,000 square feet, whichever is less.
7. Retail establishments as a primary use require a special use permit. are conditionally
permitted.
8. Also subject to chapter 4, article 2.
9. No gaming allowed.
10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are
permitted with the following conditions:
a. Restaurants serving alcoholic beverages are limited to those with state beer and
wine licenses issued since 1997, prohibiting any form of gambling and occupying
not more than 45 percent of the total building area of a food processing facility;
and/or
b. Retail sales for on-premises consumption of alcohol produced on site, not to
exceed 10,000 square feet or 50 percent of the facility, whichever is less.
Table 38.310.040.B
Permitted services and temporary lodging uses in commercial, mixed-use, and industrial
zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — =
Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
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numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C S in the box, it means that
the use is permitted or conditionally permitted up to the (maximum) listed square footage in
gross building area.
Uses Zoning Districts
Commercial Mixed Use Industrial PL
I
B
-
11
B
-2
B-
2
M
B
-3
UMU
(38.310.05
0)
REMU
(38.310.06
0)
NEHMU2
BP M-
1
M-
2
Personal and general service
Animal
shelters
— — — — — — C S — S S —
Automobile
washing
establishment
*
— P P C
P
C S C S P — P P —
Daycare—
Family,
group, or
center*
P P P P3 P P PS /A4 PS/
A4
C
S
/A
4
C
S
/A
4
C
P
General
service
establishment
*
P P P P P P P C P P C
S
—
Health and
exercise
establishment
s*
P
S
P P P P P P C S/
A4
P P —
Heavy
service
establishment
*
— P P C
S
P C S P — P P —
Medical and
dental
P P P P3 P P P P P P —
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offices,
clinics and
centers*
Mortuary — S S S S — — — — — —
Offices* P P P P3 P P P P5 P P —
Personal and
convenience
services*
P P P P P P A A A A —
Truck repair,
washing, and
fueling
services
— — — — — — C S — C
S
P —
Temporary lodging
Bed and
breakfast*
— — — — — P C S — — — —
Short Term
Rental (Type
1)*
— P P P P P P — — — —
Short Term
Rental (Type
2)*
— P P P P P P — — — —
Short Term
Rental (Type
3)*
— P P P P P — — — — —
Hotel or
motel*
— P P P P P
40,000sf
P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square
feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district
(see table 38.310.030 for those not listed in this table).
3. Use not allowed on the ground floor of buildings in the downtown core (those
properties along Main Street from Grand Avenue to Rouse Avenue and from the alley
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one-half block north of Main Street to the alley one-half block south of Main Street)
unless visitor access is available from an alley and another use not subject to this
footnote is present to a minimum depth of 20 feet from the front building façade
adjacent to a street.
4. If primarily offering services to a single business or group of businesses within the
same building or building complex.
5. Professional and business offices only.
Table 38.310.040.C
Permitted residential uses in commercial, mixed-use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — =
Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
Uses Zoning Districts
Commercial Mixed Use Industrial PL
I B
-
11
B
-2
B-
2
M
B
-3
UMU
(38.310.05
0)
REMU
(38.310.06
0)
NEHMU
2
B
P
M
-1
M
-2
General residential
Accessory
dwelling unit
(38.360.040)
— — — — — P P — — — —
Apartments*3 P4 P4 P5 P5 P P A6 — A6 A6 —
Apartment
buildings*3
— C
S
P P5 P P — — — — —
Cottage
housing*
(38.360.120)
— — — — — P — — — — —
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Single
household
dwelling
(38.360.220)
— — — — — P P — — — —
Three
household
dwelling or
four-
household
dwelling
(38.360.220)
— — — — — P — — — — —
Townhouses
*3 &
rowhouses*
(38.360.250)
— C
S
7
P7 P7 — P8 P — — — —
Two-
household
dwelling
(38.360.220)
— — — — — P P — — — —
Live-work
units*
P P P P P P P — — — —
Ground floor
residential
C
S
P5 P5 — — — — — — —
Group residences
Community
residential
facilities with
eight or
fewer
residents*
P4 P4
, 5
P4,
5
P4
, 5
P4, 5 P P — — — —
Community
residential
facilities
serving nine
or more
residents*
- C
S
C
S
— P P — — — — —
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Cooperative
household*
— — — — — P C S — — — —
Group living
(38.360.135)
*
P4 P4 P5 P4 — P P — — — —
Lodging
houses*
— C
S
C
S 5
C
S
3
P P — — — — —
Transitional
and
emergency
housing and
related
services
(38.360.140)
*
— S S S S S S S S — S
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square
feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district
(some of which aren't addressed in this table).
3. May be subject to the provisions of chapter 38, article 380.
4. When located on the second or subsequent floor, or basement as defined in section
38.700.030 of this chapter. Lobbies associated with residential uses are allowed on the
ground floor.
5. Non-residential uses (except for lobbies associated with residential uses) are required
on the ground floor to a minimum depth of 20 feet from front building façade on
properties adjacent to designated storefront streets per section 38.500.010.
6. For the purpose of this section, accessory means less than 50 percent of the gross floor
area of the building, and not located on the ground floor.
7. Five or more attached units.
8. Five or fewer attached units.
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Table 38.310.040.D
Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning
districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — =
Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
Uses Zoning Districts
Commercial Mixed Use Industrial PL
I B
-
11
B
-2
B-
2
M
B
-3
UMU
(38.310.05
0)
REMU
(38.310.06
0)
NEHMU
2
B
P
M
-1
M
-2
Industrial and Wholesale
Junk salvage or
automobile
reduction/salva
ge yards
— — — — — — — — — C
S
—
Manufacturing,
artisan*
P P P P3 P P P P P P —
Manufacturing
(light)*
— S S C
S3
P4 P5 P P4 P4 P —
Manufacturing
(moderate)*
— C
S
C
S
— — — P P P P —
Manufacturing
(heavy)*
— — — — — — — — C
S
P —
Outside storage — — — — — — P A P P —
Refuse and
recycling
containers
A A A A A A A A A A —
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Warehousing* — — — — — — P — P P —
Warehousing,
residential
storage (mini
warehousing)
(38.360.190)*
— — — — — — P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square
feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district
(some of which aren't addressed in this table).
3. Use not allowed on the ground floor of buildings in the downtown core (those
properties along Main Street from Grand Avenue to Rouse Avenue and from the alley
one-half block north of Main Street to the alley one-half block south of Main Street)
unless visitor access is available from an alley and another use not subject to this
footnote is present to a minimum depth of 20 feet from the front building façade
adjacent to a street.
4. Completely enclosed within a building.
5. Limited to 5,000 square feet in gross floor area.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
Table 38.310.040.E
Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-
use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — =
Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C S in the box, it means that
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the use is permitted or conditionally permitted up to the (maximum) listed square footage in
gross building area.
Uses Zoning Districts
Commercial Mixed Use Industrial PL
I
B-
11
B-
2
B-
2
M
B
-3
UMU
(38.310.05
0)
REMU
(38.310.06
0)
NEHMU
2
B
P
M
-1
M
-2
Public, educational, government and regional
Business,
trade,
technical or
vocational
school
— P P P3 P P P P P P —
Cemeteries* — — — — — — — — — — P
Essential
services
(38.360.130)
• Type I A A A A A A A A A A A
• Type II P P P P3 P P P P P P P
• Type III C
S 4
P P C
S
3,
4
C S C S 4 P
C S
P P P P
Meeting hall — P P P P P — — — — —
Production
manufacturi
ng and
generation
facilities
(electric and
gas)
— — — — — — — — — S —
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Public and
nonprofit,
quasi-public
institutions,
e.g.
universities,
elementary
junior and
senior high
schools and
hospitals
— — — — — — — — — — P
Public
buildings
and publicly
owned land
used for
parks,
playgrounds
and open
space
P
—
P
—
P P P P P P P P P
Solid waste
transfer
station
— — — — — — — — — C
S
P
Solid waste
landfill
— — — — — — — — — — C
S
Truck, bus
and rail
terminal
facilities
— — — — — — P — P P —
Recreational, cultural and entertainment
Adult
business
(38.360.050)
*
— — — — — — — — P P —
Amusement
and
recreational
facilities
— P P — P — P — P C
S
—
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Arts and
entertainmen
t center*
P P P P P P
12,000 sf
— — — — —
Casinos — — — — — — — — C
S
C
S
—
Community
centers
(38.360.090)
*
P P P P P P P P P P P
Accessory and/or other uses
Agricultural
uses*
— — — — — — — — — P —
Home-based
businesses
(38.360.150)
*
A A A A A A A A A A —
Other
buildings
and
structures
(typically
accessory to
permitted
uses)
A A A A A A A A A A A
Temporary
buildings
and yards
incidental to
ongoing
construction
work
— — — — — — A A A A —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square
feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district
(some of which aren't addressed in this table).
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3. Use not allowed on the ground floor of buildings in the downtown core (those
properties along Main Street from Grand Avenue to Rouse Avenue and from the alley
one-half block north of Main Street to the alley one-half block south of Main Street)
unless visitor access is available from an alley and another use not subject to this
footnote is present to a minimum depth of 20 feet from the front building façade
adjacent to a street.
4. Only allowed when service may not be provided from an alternative site or a less
intensive installation or set of installations.
5. Also excludes retail, large scale uses.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
Sec. 38.310.050. Supplemental use provisions for the urban mixed-use zoning district.
Mixed uses required and limited:
A. Development must include a mix of uses.
B. Uses must be grouped as commercial, industrial, office, institutional, and residential. A
combination of at least two different groups of uses must be provided within each site plan.
C. No use group must exceed 70 percent of the total gross building floor area in the entire site
development. Multiple buildings may be shown on a single site plan as allowed in division
38.230 of this chapter. For the purposes of calculating the percentage of a use within the site
development the gross square foot floor area of building for each use must be utilized.
Single use buildings are allowed provided the entire site meets the required use mix
standard.
D. At least 70 percent of the ground level block frontages (see division 38.510) must be
occupied by non-residential uses. To meet this requirement, the depth of non-residential
floor area must be at least 20 feet deep. Ground level lobbies for residential uses on upper
floors may qualify as a non-residential use for the purpose of this standard provided such
lobby occupies no more than 50 feet of the block frontage. Structured parking is classified
as a non-residential use. Structured parking at the ground level must include liner buildings
of usable proportions along at least 40 percent of the building façades facing a street or
greenway.
Sec. 38.310.060. Supplemental use provisions for the residential emphasis mixed-use zoning
district.
A. Uses required and limited.
1. REMU districts are intended to be developed with a mix of uses that encourage a range
of building types, scales, densities, and site configurations.
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2. Developments are encouraged to include non-residential uses, especially commercial
and neighborhood support services, mixed horizontally and/or vertically, to promote
compact, walkable and sustainable neighborhoods.
3. Non-residential uses must not exceed 30 percent of the total gross building square
footage of all uses within the master planned area unless otherwise allowed in this
section, through a master site plan or planned unit development (PUD) review.
4. For the purposes of calculating the percentage of a use within the master planned area,
the gross square foot floor area of building for each use must be utilized.
5. The specific method of tracking will be determined during the master site plan, PUD,
or site plan review.
6. Home-based businesses are not considered non-residential uses and must not be limited
by the provisions of the section.
7. Non-residential uses intended for public benefit and shared public amenities must not
be limited by the provisions of this section. These uses include, but are not limited to,
schools, parks, community centers, city operated services and structured parking
facilities.
B. Development review applications.
1. To accomplish the intent of the district, the REMU district is anticipated to be located
on sites five acres or larger. Development review applications for sites in the REMU
district greater than, or equal to, five acres will first be subject to review as a master
site plan per article 2 of this chapter; or as a PUD per division 38.430 of this chapter,
as determined by the applicant.
2. Project applications for subsequent project phases in compliance with an approved
master site plan or PUD may be reviewed as a site plan review or sketch plan review in
accordance with division 38.230 of this chapter.
3. All development review applications for property in the REMU district smaller than
five acres are subject to the standards in this article and may be subject to review as a
master site plan per division 38.230 of this chapter upon a finding by the city that:
a. The development application is for a site considered a major infill site, having a
significant impact on an existing neighborhood; or may create a center within an
existing neighborhood;
b. The proposed development is located at an intersection deemed to have special
significance;
c. The proposed development may have a significant impact on existing
transportation and open space network, pedestrian and bicycle travel; and/or
d. The proposed development requires a multi-year approval and multiple phases for
completion.
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SECTION 22
Section 38.340.040. Certificate of appropriateness of the Bozeman Municipal Code be amended
as follows:
Sec. 38.340.040. Certificate of appropriateness.
A. A certificate of appropriateness is required before any and all alteration(s) other than those specifically exempted in subsection 1 of this section, or repair(s) as defined in section 38.700.160, are undertaken upon any structure in the conservation district. The review
authority for certificates of appropriateness is established in division 38.200.010 of this
chapter. Compliance with the terms of the final decision is required. The Montana Historical and Architectural Inventory Form must be reviewed and, if necessary, updated to reflect current conditions on the site, prior to the review of the proposal. Application procedures are as follows:
1. No building, demolition, conditional use, sign or moving permit may be issued within
the conservation district until a certificate of appropriateness has been issued by the appropriate review authority, and until final action on the proposal has been taken.
a. Limited exceptions. The following construction located within the neighborhood conservation overlay district, within an established historic district, or at a site
which is individually listed on the National Register of Historic Preservation, does
not require a certificate of appropriateness if the project satisfies the following standards:
(1) Fences meeting all other provisions of this chapter (e.g. height limitations, street vision triangle, finished side out, etc. per section 38.350.060) which
are built of wood, wrought-iron, or any other non-synthetic material and
whose construction allows "transparency" as set forth in Chapter 3, Section F of the design guidelines referenced in section 38.340.050.D. Chain link fencing is not included in this exception.
(2) Basement egress windows whose window material and configuration is
present elsewhere in the structure, and whose window wells are not on the
front or corner-side setback elevation of the structure, and which do not establish or provide egress from an illegal dwelling unit.
(3) Accessory structures under 120 square feet as measured from the outer edge of the exterior walls, which meet the setback requirements, are not more than
14 feet to their highest point and which do not require a building permit.
(4) Alterations in roofing material, if installing wood shingle, slate, tile, or asphalt shingle material, and no changes are made to the roof shape, pitch or slope.
(5) Photovoltaic panels which are flush mounted to a roof.
2. Application, review and public notice procedures for proposals located within the
conservation district are set forth in division 38.230, Plan Review, and division 38.220, Applications and Noticing, of this chapter. If demolition or movement of structures or
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sites subject to the conservation district requirements is proposed, the procedures in
section 38.340.080 apply.
3. The architectural designs of individual affordable housing units used to satisfy the
requirements of section 38.380.030 and are exempt from the review requirements of this
part 1. This exemption does not extend to removal or alterations of existing structures.
SECTION 23
Paragraph 38.350.030.A of the Bozeman Municipal Code be amended as follows:
A. Only uses specifically identified by this chapter are to be built. No building, or structure or
part thereof may be erected, altered or enlarged for a use, nor must any existing building, structure or part thereof, or land, be used for a purpose or in a manner that is not in conformity with the uses listed as authorized uses for the zone in which such buildings, structure or land is situated. In addition, any land, building or structure to be erected or used
for a purpose listed as a conditional or special use in such zone must first receive final
approval of a permit for the use. Existing nonconforming uses and structures must comply with division 38.270 of this chapter.
SECTION 24
Section 38.360.010. Purpose of the Bozeman Municipal Code be amended as follows:
Sec. 38.360.010. Purpose.
The purpose of this section is to further describe the standards and conditions under which
certain uses may be permitted as principal, or special, or conditional uses in specific districts.
SECTION 25
Section 38.360.060, Alcohol sales for on-premises consumption be amended as follows:
Sec. 38.360.060. Alcohol sales for on-premises consumption.
A. Alcohol sales for on-premises consumption, on either a temporary or permanent basis, may
not be conducted on the same lot or premises where an adult business or the sale of auto retail fuel is permitted.
B. Pursuant to section 4.02.020, the restrictions in MCA 16-3-306(1) do not apply to:
1. In zoning districts authorized to serve on premise alcohol, a restaurant if the restaurant
serves alcohol on premises only pursuant to a state issued restaurant beer and wine
license or to a person operating a temporary event using a catering endorsement; or
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2. Restaurants located within the B-2M and B-3 zoning districts if the restaurant serves
alcohol on premise only pursuant to a state issued beer license with wine amendment
as long as such restaurant complies with the following requirements and provides the city an annual certification with its business license application of such compliance:
a. All alcohol is sold for on premises consumption only;
b. The restaurant must have individually priced meals prepared and served for on-
site dining;
c. Must have a dining room, kitchen and necessary employees for preparing food on the premises;
d. The restaurant must serves an evening meal at least four days a week for at least two hours a day between the hours of 5:00 p.m. and 11:00 p.m. and if food is
served beyond these hours may only sell alcohol between the hours of 11:00 a.m.
and 11:00 p.m.;
e. Gambling or gaming is prohibited;
f. Alcohol must be stored on premises; and
g. Must prevent self-service of alcohol.
C. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted
with the following conditions:
1. Restaurants serving alcoholic beverages are limited to those with state beer and wine
licenses issued since 1997, prohibiting any form of gambling and occupying not more
than 45 percent of the total building area of a food processing facility; and/or
2. Retail sales for on-premises consumption of alcohol produced on site, not to exceed
10,000 square feet or 50 percent of the facility, whichever is less.
SECTION 26
Paragraph 38.360.230.E of the Bozeman Municipal Code be amended as follows:
E. All pasture and animal storage areas must be enclosed with fences or walls of a minimum of
four feet six inches in height. The design of these enclosures must be shown on drawings
submitted with the conditional special use permit application.
SECTION 27
Section 38.370.020. Special submittal requirements of the Bozeman Municipal Code be amended
as follows:
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Sec. 38.370.020. Special submittal requirements.
In addition to the materials required by division 38.220 of this chapter for site plans, conditional
or special use permits, and planned unit developments, the materials required by section 38.220.170 must be submitted.
SECTION 28
Section 38.370.030. Uses within districts and required review procedures of the Bozeman
Municipal Code be amended as follows:
Sec. 38.370.030. Uses within districts and required review procedures.
A. Purpose. This section authorizes telecommunication uses in specific districts. Unless specifically exempted by this division 38.370, all other standards and procedures of this chapter must apply. 1. The Montana Subdivision and Platting Act (MCA 76-3-101 et seq.) may require
subdivision review when land interests are created by rent or lease. Depending on how
the ownership and use of land for a facility subject to this division 38.370 is established, subdivision review may be required in addition to site plan review. B. No wireless facility may be permitted except in accordance with the development review processes indicated in Table 38.370.030 in subsection B.1 of this section, based on the
applicable zoning district and scope of the proposed facility. All applications are subject to
the review processes, submittal requirements and other requirements of articles 38.230 and 38.220 of this chapter as may be applicable. 1. Review procedures. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted.
Table 38.370.030
Zoning District Large scale Small scale Micro scale Non-broadcast
PLI P P A P
M-2 P P A P
M-1 P P A P
B-P C S P/ C S 1 A P
B-3 C S P/ C S 1 A P
B-2 C S P/ C S 1 A P
B-2M C S P/ C S 1 A P
B-1 C S P/ C S 1 A P
UMU C S P/ C S 1 A P
REMU S9 P/ C S 1 A C P
NEHMU P P A P
R-O S9 C S1 P C P
R-5 S9 C S1 P C P
R-4 S9 C S1 P C P
R-3 S9 C S1 P C P
R-2 S9 C S1 P -
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R-1 S9 C S1 P -
R-S S9 C S1 P C P
C. Special review requirements by type. Note: 1. Conditional Special use review is required when the proposed facility exceeds the height limitation of the district. 2. Collocation upon a previously approved wireless facility, when such additional
facilities were contemplated as part of the original review, must be reviewed as a
sketch plan in all zones. 3. A wireless facility may be permitted as an accessory use in any non-residential district when: a. It is for the exclusive use of a single on-site business when the business has
otherwise been approved under division 38.230 or 38.430 of this chapter, rather
than offered to additional parties; b. It is in compliance with the maximum building height limitations of the zoning district; c. It complies with all setback and other zoning requirements; and
d. Has eight or less square feet of total antenna surface area.
4. Installations located within the neighborhood conservation overlay district must be reviewed against the criteria of division 38.340 of this chapter as applicable, and a certificate of appropriateness is required before issuance of a building permit. 5. Prior to submitting an application for a large scale or small scale wireless facility, the
applicant complete a concept review per 38.230 must request in writing a pre-
application conference with the community development department. The purpose of the concept review pre-application conference is to acquaint the participants with the applicable requirements of this division 38.370, as well as with any preliminary concerns the department may have.
6. The applicant's concept review submittal written request for a preapplication
conference must include the following information with regard to the proposed facility: a. Location; b. Overall height;
c. Number of antennas proposed, including those of other providers to be collocated; d. Type of wireless communication services to be provided; and e. Coordination of ground equipment shelters. 7. Adequate review of applications may require the city to retain consultants or other third
party assistance to review an application. In such event the applicant must reimburse the city for the actual costs incurred prior to issuance of a building permit. 8. The provisions of division 38.280 of this chapter must apply for all nonconforming facilities subject to this division 38.370. 9. When demonstrated to be necessary to meet federal requirements for continuity of
service in an area.
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SECTION 29
Paragraph 38.370.040.C of the Bozeman Municipal Code be amended as follows:
C. Administrative.
1. An inventory of existing sites utilized by the applicant must be provided. The inventory must note the feasibility of accommodating other users. The city may share this information with other applicants or interested parties to encourage collocation.
2. The public land and agencies exemption from full compliance with zoning in MCA 76-
2-402 does not apply to private entities utilizing publicly owned lands.
3. Any antennas or antenna support structures not utilized for the provision of wireless services for a continuous period of six months will be considered abandoned. All facilities must be removed within six months of the cessation of operations. If a facility is not removed within six months the city may remove the facility at the facility or
landowner's expense. Where multiple users share a facility, the non-operational antennas and associated ground-mounted equipment may be removed, but any common equipment may be retained until all users have terminated the utilization of the site.
4. Any emergency power supply or other equipment installed at the facility must comply
with section 38.520.070.
5. No facilities which require employees to be present on a routine basis may be established in residential areas, with the exception of periodic maintenance activities, unless the zone allows offices as a permitted or conditional use and appropriate review has been completed.
6. Failure to comply with the terms of this chapter is grounds for facilities to be removed by action of the city at the facility or landowner's expense.
7. Any modifications to existing wireless sites shall only occur in compliance with the review procedures required in section 38.370.030.
8. Denial of an application must be made only after the review body has determined that
specific criteria of this chapter cannot be met. Said determination must be made in
writing and must include the reasons for the denial and the evidence which supports
those reasons. Public opposition alone is not sufficient to deny the application.
SECTION 30
Paragraph 38.540.020.F of the Bozeman Municipal Code be amended as follows:
F. Surfacing. Except for one-household development on individual lots, all areas intended to
be utilized for permanent parking space and drive aisles must control dust and drainage. All
proposed parking areas and driveway improvements must require a grading and drainage plan approved by the review authority. Areas must be paved with concrete or asphaltic concrete or approved pavers; an alternative surfacing method such as pervious pavement
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may be used, subject to review and approval by the review authority. Surfacing methods
which minimize stormwater runoff and provide for functional parking and circulation are
encouraged.
1. However, paving is not required for permitted and conditional uses in the R-S zoning districts when all of the following circumstances exist:
a. The use is required to provide fewer than 15 parking spaces and no loading spaces
under the provisions of this section;
b. The lot or tract on which the use is located is not adjacent to a paved street or road; and
c. The applicant must enter into an improvements agreement with the city agreeing that the lot must be paved within nine months of the time an adjacent roadway is
paved.
SECTION 31
Paragraph 38.560.060.B of the Bozeman Municipal Code be amended as follows:
B. Residential zones (R-S, R-1, R-2, R-3, R-4, R-5, RMH, R-O, REMU). The following on-premises signs may be permitted in the indicated zones with an approved sign permit:
1. Subdivision and residential complex signs. For residential subdivisions consisting of more than four residential lots and for residential complexes with more than four dwellings and more than one building, one low profile, freestanding, sign per development entrance may be permitted. No sign may exceed 16 square feet in area or five feet in height from the finished grade. The sign must be set back at least five feet
from the property line.
2. Residential building signs. For properties used for multi-household residential, one wall sign per street frontage may be permitted. No sign may exceed eight square feet in area.
3. Signs appurtenant to residential principal, special and conditional uses, and home
occupations.
a. Signs not to exceed four square feet in total area may be permitted for principal residential uses and permitted home occupations; however, such signs may not be located in any required setback area. In addition, home occupations may be permitted a single one-square foot sign on a mailbox or lamppost or one and one-
half square feet of freestanding signage located a minimum of five feet from the property line.
b. Principal residential uses may be permitted non-commercial signs if such signs do not exceed 32 square feet in total area nor five feet in height. Such signs must be set back at least five feet from the property line.
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c. Permitted non-residential type uses, such as churches, community centers,
veterinary uses, golf courses, day care centers and schools may be permitted
signage as if the underlying zoning were B-1.
d. Permitted conditional and special use residential type uses such as homes used as bed and breakfasts and fraternity and sorority houses may be permitted signage as if the underlying zoning were R-O. Such signs may be illuminated only during the
hours of operation.
4. Legacy planned unit developments. Commercial establishments within planned unit developments where the underlying zoning is residential may be permitted signage as if the lot were in a B-1 zone.
SECTION 32
Section 38.570.110. Nonconforming lighting of the Bozeman Municipal Code be amended as
follows:
Sec. 38.570.110. Nonconforming lighting.
Nonconforming lights can only be replaced with conforming lights. Site plans, conditional use permits, and special use permits require lighting to become compliant. The city may require nonconforming lights to be replaced with modifications/reuse applications.
SECTION 33
Section 38.700.040 C definitions of the Bozeman Municipal Code be amended as follows with
all other elements remaining as presently written:
Conditional use. A public or private use as listed in this chapter which, because of its unique characteristics, cannot be properly classified as a principal use or accessory use in a
particular district.
Conditional use permit. Legal authorization to construct, develop or operate a conditional use as defined by this chapter.
SECTION 34
Section 38.700.150 P definitions of the Bozeman Municipal Code be amended as follows with
all other elements remaining as presently written:
Permitted use. A use which is lawfully established in a particular zoning district and which
conforms to all requirements, regulations and performance standards of such district. A
permitted use may be a principal use, an accessory use or a conditional special use.
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SECTION 35
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 36
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 provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
SECTION 37
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 38
Codification.
The provisions of Section 2-34 shall be codified as appropriate in the Bozeman Municipal
Code. All references within the Bozeman Municipal Code shall be revised to reflect the changes
in this ordinance.
SECTION 39
Effective Date.
This ordinance shall be in full force and effect on _______________, 2022. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ________th day of ____________, 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
_______________ day of ________, 2022.
____________________________________ Cynthia L. Andrus Mayor
ATTEST:
_______________________________
Mike Maas City Clerk
APPROVED AS TO FORM:
____________________________________
Greg Sullivan
City Attorney
341
Memorandum
REPORT TO:City Commission
FROM:BMassey
LClark
MHodnett
SUBJECT:Resolution 5415 - Special Assessment to collect delinquent Water, Sewer,
Stormwater, Garbage and Recycling Charges
MEETING DATE:October 4, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Commission Resolution No. 5415.
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:Notification letters were sent out prior to July 7, 2022 on all delinquent
accounts to notify property owners of delinquent charges outstanding, in
compliance with MCA 7-13-4309. If the charges were outstanding on
previous owner bills, the previous owners also received a notification. The
letter also describes the process of placing those charges as a lien on the real
property should they not be paid. Schedule A includes all accounts that were
still delinquent as of 9/15/22. If delinquent charges have been paid between
loading Schedule A and now, the charges will not be included in the
assessment.
MCA 7-13-4309. Procedure to collect delinquent utility charges.
(1) Sewer or water charges must be collected by the treasurer.
(2) On or before July 7 of each year, notice must be given by the city
treasurer or town clerk to the owners of all lots or parcels of real estate to
which sewer or water service has been furnished prior to July 1 by the city or
town. The notice must specify the assessment owing and in arrears at the
time of giving notice. The notice must be in writing and must state the
amount of arrearage, including any penalty and interest assessed pursuant
to the provisions of the city or town ordinance, and that unless the amount
is paid within 30 days of the notice, the amount will be levied as a tax against
the lot or parcel of real estate to which sewer or water service was furnished
and for which payment is delinquent. The notice must also state that the city
or town may by suit collect past-due assessments, interest, and penalties, as
a debt owing the city or town, in any court of competent jurisdiction,
including city court. The notice may be delivered to the owner personally or
342
by letter addressed to the owner at the post-office address of the owner as
shown in property tax records maintained by the department of revenue.
(3) (a) Except as provided in subsection (3)(b), at the time that the annual
tax levy is certified to the county clerk, the city treasurer or town clerk shall
certify and file with the department of revenue a list of all lots or parcels of
real estate, giving the legal description of the lot or parcel, to the owners of
which notices of arrearage in payments were given and which arrearage
remains unpaid and stating the amount of the arrearage, including any
penalty and interest. The department of revenue shall insert the amount as
a tax against the lot or parcel of real estate.
(b) In cities where the council has provided by ordinance for the collection
of taxes, the city treasurer shall collect the delinquent amount, including
penalty and interest, as a tax against the lot or parcel of real estate to which
sewer or water service was furnished and payment for which is delinquent.
(4) A city or town may, in addition to pursuing the collection of assessments
in the same manner as a tax, bring suit in any court of competent
jurisdiction, including city court, to collect the amount due and owing,
including penalties and interest, as a debt owing the city or town.
BMC 32.02.060 Costs of Collection and Disposal – Collection and Payment –
Solid Waste Fund: The rates established by resolution shall be set as
monthly fees and those fees shall be included on the monthly water and
sewer statement and will become delinquent if not paid by the 15th of the
month in which the bill is received. If the monthly fees are not paid within
thirty days after they have become delinquent the delinquent amount shall
be a lien against the property against which they are severally assessed and
levied until paid and discharged and shall be subject to the same penalties
for delinquency in payment when due and payable as are other special
assessments and levies made by the City and as authorized by the laws of
the state.
BMC 40.04.1050. - Billing of charges; penalties for late payment and
procedure to collect. Stormwater service charges authorized by this section
shall be included with the monthly water and wastewater utility billing.
Should any user fail to pay the stormwater service charge and penalty
within two months of the due date, the city may terminate water service to
the property. The city may also follow the collection procedure outlined in
MCA 7-13-4309.
UNRESOLVED ISSUES:None
ALTERNATIVES:Delinquent charges would not be recovered, this is not recommended as it
will ultimately result in rate increases for home owners who are paying their
bills.
FISCAL EFFECTS:The City will recover charges that have accrued due to water, sewer,
stormwater, garbage and recycling services totaling $16,151.41 which have
not been paid.
343
Attachments:
Resolution 5415 Delinquent Utility Accounts FY23.docx
Schedule A.pdf
Report compiled on: September 21, 2022
344
Version April 2020
RESOLUTION 5415
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN
SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN,
STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT
DELINQUENT WATER, SEWER, STORMWATER, GARBAGE & RECYCLING CHARGES
PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR
IN SECTION 7-13-4309, MONTANA CODE ANNOTATED.
WHEREAS,Section 7-13-4309, Montana Code Annotated, provides that special assessments
shall be made, levied and collected annually for delinquent water, sewer, stormwater, garbage & recycling
charges in the same manner as are other special assessments and levies of the City of Bozeman; and
WHEREAS, to enforce the collection of amounts owed the City for the cost of providing water,
sewer, stormwater, garbage, and recycling service in the City of Bozeman, the Commission hereby
specifically levies the amounts due as set forth in Schedule "A" as an assessment;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
That to collect delinquent water, sewer, stormwater, garbage & recycling charges in the City of
Bozeman, an assessment is hereby levied against the responsible property and the several lots, pieces and
parcels of land thereof within the City of Bozeman as set forth in Schedule "A", which is attached hereto
and made a part hereof, a particular description of each lot and parcel of land with the name of the owner
and/or owners and the delinquent sum assessed against the same is set forth in Schedule "A"; that the several
sums set opposite the names of said owners and the describedlots and parcels of land are hereby levied and
assessed upon and against said lots and parcels of land for said purpose; that the several sums be collected
from the respective owners of said lots and parcels of land described in said assessment list and owned by
345
Version April 2020
them; that the said sums shall be paid and the collection thereof be made in the manner and in accordance
with the laws of the State of Montana governing the collection of special assessments; that failure to pay
such assessment when the same shall become due and payable shall make such persons and such lots and
parcels of land liable to the penalties provided by law relative to delinquent taxes.
Section 2
That the fee for providing water, sewer, stormwater, garbage, and recycling service in the City
of Bozeman shall be the cost of such work, including administrative and enforcement costs. Administrative
and enforcement costs shall not exceed $20.00 per delinquency.
Section 3
That this assessment be levied and billed in October 2022 as are all other special assessments.
Section 4
That upon all assessments levied and assessed, simple interest shall be charged at the rate of 10
percent per year from the date this assessment becomes delinquent (December 1, 2022) to the date the
assessment is paid.
Section 5
That the regular session of the Commission of the City of Bozeman, Montana, to be held in the
Commission Room at City Hall, 121 N Rouse Ave, in said City on the 4th day of October, 2022 at 6:00
p.m., and the same is hereby designated as the time and place at which objections to the final adoption of
the Resolution will be heard by said Commission.
Section 6
That the City Clerk of the City of Bozeman has published in the Bozeman Daily Chronicle, a
daily newspaper printed and published in said City of Bozeman a Notice signed by the City Clerk, stating
that a Resolution levying and assessing a special assessment to collect delinquentwater, sewer, stormwater,
garbage, and recycling charges, plus the costs and expenses incurred thereby, for providing water, sewer,
346
Version April 2020
stormwater, garbage, and recycling services in the City of Bozeman, against the property of which such
service was rendered.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 4th day of October 2022.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
347
Schedule A
FY23
CID LID Final or Current Delinq Owner Current Owner No Amount Due
53277 77790 ANDERSON, MARGARET LUTIGER, JAMES & SHIELA 405 OVERBROOK DR UNIT 5 96.04$
27533 168140 ENGSTROM, LARRY ENGSTROM, LARRY 251 MAGDALENE WAY UNIT C 20.49$
67063 44440 HALE, BRANDON COOLIVY PROPERTIES LLC 1940 W MAIN ST 9.08$
65295 257100 JANGULA, KYLE HIRST PROPERTIES OURAY LLC 2932 WARBLER WAY UNIT B 23.64$
44169 42610 LINN, ED & NANCY 1040 DARTER LLC 501 N 16TH AVE 279.71$
65949 243530 LOWER, JENNIFER MULLER, JENNIFER 520 VALLEY DR 88.95$
52003 79390 MATULICH, NICHOLAS MATULICH, NICHOLAS 205 S YELLOWSTONE AVE UNIT D 7.74$
35971 181900 MCCABE, KAREN RUE, AMY E 3731 POTOSI ST 189.93$
71365 262620 MOOS. ROBERT TYSON, MOLLS OOMIS 942 ABIGAIL LN UNIT A 15.40$
4735 25120 PARTCH, ANNA MVGR LAND LLC 216 N 3RD AVE 192.50$
39695 177170 PETERS, DANIEL TONOKABONI, ANTHONY & RALINE 2406 BOYLAN RD 229.76$
59039 238170 QUIRK, STEPHEN & STEPHANIE HERRICK, ROBB & DANA 4465 SHADOWGLEN DR 114.12$ 76959 10820 ROCHIN, JUSTIN ZELENITZ, FRAN 624 S 7TH AVE 307.55$
57055 111340 ROSS-#687 GKT GALLATIN SHOPPING CENTER CC 2855 N 19TH AVE UNIT A 16.10$
66069 59380 RUNGE, ETHAN TAYLOR &LEIGH ANN WOOD, CHRISTOPHER 18 N 25TH AVE 264.45$
15339 59060 RUSHING II, JOHN KUTZKO, NICK 142 GENA CIR 133.39$
2767 14320 SIEVERT, RAYMOND IRL CASHMAN, JOHN & HEATHER 209 S 8TH AVE 211.53$
73473 254420 SSM OPERATING LLC IDESON, PHILIP 5529 REDHAVEN ST 196.16$
11649 64870 STUCKY, DOYLE & CHRISTINE SMREKAR, AUGUSTUS 315 N YELLOWSTONE AVE 32.37$
4651 24640 TYERS, IDESSA 314 W VILLARD LLC 314 W VILLARD ST 540.47$
81215 263730 VISION DEVELOPMENT WESTLAKE, LYDIA 1315 WINDROW DR 41.84$
49905 66300 KIM, EUN SIL KIM, EUN SIL 716 E MAIN ST 85.28$
50497 163720 PETERSEN LEGACY LLC PETERSEN LEGACY LLC 39 N ROUSE AVE 83.00$
50499 168460 MONTANA OPTICOM LLC MONTANA OPTICOM LLC 3810 BAXTER LN 93.74$
50529 210710 PEUSE, DALLAS J PEUSE, DALLAS J 1013 THOMAS DR 93.74$
13471 73830 BRISTER, WILLIAM L & BARBARA L BRISTER, WILLIAM L & BARBARA L 213 PONDERA AVE 1 124.96$
49905 770 KIM, EUN SIL KIM, EUN SIL 712 E MAIN ST 119.85$
33661 109250 BLAIR, BRENDA BLAIR, BRENDA 515 MICHAEL GROVE AVE 58 136.65$
80319 106200 DUFRESNE, JACOB DUFRESNE, JACOB 4040 RAVALLI ST 75 149.76$
70409 195430 MINNICK, NATHAN MINNICK, NATHAN 3353 N 27TH AVE 20 176.15$
50231 114190 LANDSGAARD, PAUL & PAM LANDSGAARD, PAUL & PAM 1411 BOHART LN 168.74$
22937 73760 EBERHARD, GARY & ANNETTE EBERHARD, GARY & ANNETTE 111 PONDERA AVE 2 193.13$
50521 199840 SMITH, ROGER HOFF SMITH, ROGER HOFF 2305 DURSTON RD 195.38$
65193 72870 617 LLC 617 LLC 617 S 9TH AVE 3 203.15$
74407 105940 RACICOT, THERESA RACICOT, THERESA 4040 RAVALLI ST 70 215.99$
26313 157830 GORSUCH, CAROLYN GORSUCH, CAROLYN 617-619 S 15TH AVE 226.46$
79753 283960 LENEHAN, TIMOTHY LENEHAN, TIMOTHY 324 N 3RD AVE 1 292.28$
27779 146460 SCHUMACKER, CRAIG SCHUMACKER, CRAIG 306 S 13TH AVE 342.23$
67421 227680 GEORGE, CASEY GEORGE, CASEY 2935 WARBLER WAY B 448.58$
14895 77510 BANIS, ROBERT BANIS, ROBERT 1602 N ROUSE AVE 449.66$
66215 239950 DICKINSON, ZACHARY DICKINSON, ZACHARY 1083 ROSA WAY 452.58$
61599 198230 PARRY, TAMMY TOWERS PARRY, TAMMY TOWERS 1393 ADVANCE DR 2,165.98$
62695 78610 BRIDGER PEAKS HOLDINGS LLC BRIDGER PEAKS HOLDINGS LLC 1540 N 19TH AVE 6,722.90$
Total Delinquent Amount 16,151.41$
DELINQUENT UTILITY ACCOUNTS
Water, Sewer, Stormwater, Garbage and Recycling
Service Address
348
Memorandum
REPORT TO:City Commission
FROM:Mike Veselik, Economic Development Program Manager, Parking
Brit Fontenot, Economic Development Director
SUBJECT:Parking Supply and Demand in Downtown Bozeman Work Session #2
MEETING DATE:October 4, 2022
AGENDA ITEM TYPE:Policy Discussion
RECOMMENDATION:Provide direction to city staff on the future of parking supply and demand
management in the downtown core, specifically concerning on-street paid
parking and the construction of a second parking structure
STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant
Downtown, Midtown, and other commercial districts and neighborhood
centers – including higher densities and intensification of use in these key
areas.
BACKGROUND:On February 1, 2022, Staff presented a proposal to the City Commission
relating to the management of parking in Downtown Bozeman. The proposal
was a recommendation to pursue a policy of active curb management
through paid parking. Staff recommended a seasonal paid parking model.
The seasonal model created an on-street paid parking system from May 1-
Spetember 30th of each year. The seasonal model rates are $1.75 per hour
for on-street parking and $1.00 per hour in the garage. Staff recommended
the seasonal model because it assessed charges on the system when
demand was at its peak. The main factor driving the summer peak in parking
demand is Montana’s robust tourism economy.
After a healthy debate and public comment, the City Commission directed
the City Manager to complete a few tasks and conduct some research before
the Commission would make a decision on whether or not to pursue on-
street, paid parking. The attached staff report contains details on the items
Commission tasked staff with completing.
UNRESOLVED ISSUES:No Unresolved Issues
ALTERNATIVES:Based on our community engagement efforts and conversations with the
Downtown Bozeman Partnership, staff is proposing a third option as well.
Staff also recommends the City Commission consider providing two or four
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hours of free parking the Bridger Park Garage and in any second parking
structure.
FISCAL EFFECTS:$250,000 is currently in the FY23 Commission Approved budget for initial
meter installation. The Parking Reserve Fund has reserves to cover even high
end estimates of technology needed to complete the project.
Attachments:
City Commission Parking Supply and Demand Work Session 2-
-100422.pdf
Staff Actions on Commission Request re Parking Supply and
Demand Management.docx
City Commission Memo--Parking Work Session Feb 1 2022--
Final.pdf
Report compiled on: September 22, 2022
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MEMORANDUM
REPORT TO: Bozeman City Commission
FROM: Mike Veselik, Economic Development Program Manager
RE: Parking Supply and Demand Management Work Session
MEETING DATE: October 4, 2022
AGENDA ITEM: Work Session
RECOMMENDATION: Provide direction to city staff on the future of parking supply
and demand management in the downtown core, specifically concerning on-street
paid parking and the construction of a second parking structure.
BACKGROUND: On February 1, 2022, Staff presented a proposal to the City
Commission relating to the management of parking in Downtown Bozeman. The
proposal was a recommendation to pursue a policy of active curb management
through paid parking. Staff recommended a seasonal paid parking model. The
seasonal model created an on-street paid parking system from May 1-Spetember
30th of each year. The seasonal model rates are $1.75 per hour for on-street parking
and $1.00 per hour in the garage. Staff recommended the seasonal model because it
assessed charges on the system when demand was at its peak. The main factor
driving the summer peak in parking demand is Montana’s robust tourism economy.
The model also took into consideration the supply side of the parking equation.
Using a seasonal, cost plus model, staff and our consultants concluded the City will
raise enough revenue to contribute the remaining $9 million of a $16 million 400
space parking garage. Further, the City has options to finance additional supply
including, but not limited to, an expansion of the Bridger Garage or a third parking
garage with surplus on-street paid parking revenue.
Well managed, on-street paid parking in downtown Bozeman provides staff, the
Transportation Advisory Board, and the City Commission with a proven tool to
manage a scare resource—parking supply in downtown. Pricing the on-street
parking system is basic economics. We have an unbalanced supply and demand
equation at the moment. As any business owner or economist would acknowledge,
when a good or service is scarce, it is appropriate to raise the price on said good to
lower demand. Putting a price on parking creates an incentive to turnover the most
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valuable spaces for the primary use of customers and visitors and encourages
employees and other long-term visitors to park in structures or surface lots, or take
an alternative mode of transportation to access downtown while generating the
revenue to cover debt service payments to construct new supply.
CITY COMMISSION ACTION: After a healthy debate and public comment, the City
Commission directed the City Manager to complete a few tasks and conduct some
research before the Commission would make a decision on whether or not to pursue
on-street, paid parking. Those tasks include:
1. Identify the revenue potential of a year round model
2. Secure Site Control for a Second Garage
3. Establish Parking Benefit Zones
4. Research grants to fund future supply
5. Additional Engagement with the Downtown Community on Paid Parking
6. Research an Employee Parking Program
7. Research Downtown-Midtown-Cannery Circulator—cost and operations
Year-round parking revenue: Under the cost plus model, the parking system is
projected to generate $2.47 million in revenue, minus an estimated $571,000 for
operating costs every year. The City will have $1.9 million to spend on debt service
for additional parking supply, bike and pedestrian infrastructure improvements,
employee parking programs, and any other policy initiative with a rational nexus to
parking. Staff is also exploring a year-round and a seasonal option for on-street paid
parking which would retain the two hours free in the garage.
Site Control for a Second Garage: After much discussion, the City Manager reached
an agreement in principle with the Gallatin County Commission to utilize the
existing parking lot behind the Gallatin County Courthouse as a site for a second
downtown parking structure. On September 20, 2022, the City Commission
approved a Memorandum of Understanding (MOU) regarding the use of the parking
lot as a site for a second parking garage owned and operated by the City. In
exchange for the land, the City would reserve up to 75 parking spaces for Gallatin
County’s use. Additionally, the City would provide free parking validation codes for
citizens conducting business at the Gallatin County Courthouse.
Parking Benefit Zones: At the previous work session, Deputy Mayor Cunningham
raised concerns about the “balloon” nature of a parking system. If City put new
parking regulations on the downtown core, then individuals could end up parking in
the neighborhoods around the core. Thus, the Commission tasked staff with
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deciding when and how to activate the Parking Benefit Zone program established by
the City Commission via Ordinance 2033 in 2020.
In order to establish the program parameters, staff brought Resolution 2022-03 to
the Transportation Advisory Board. The Resolution established a standard
procedure for the creation of a Parking Benefit Zone surrounding the downtown
core and created additional methods for residents to request the zone be activated.
Staff is prepared to initiate a Parking Benefit Zone should the data show a need for
additional parking regulations in these adjacent neighborhoods. Residents, via a
petition, or the Commission may also request that the City Manager create a Parking
Benefit Zone.
Special Improvement Districts, Grants or Other Funding Mechanisms:
Several business owners and other members of the community have suggested staff
pursue a Special Improvement District (SID) for the construction of a second
downtown parking structure. Staff is not recommending an SID for several reasons.
An SID is a one-time, one-project funding source. Further, it does not provide a
revenue stream to support operations and maintenance of a garage. Without a
revenue source, future generations will have to bear the burden of supporting an
unfunded garage when maintenance becomes necessary.
As a result of its singular focus as a funding source for a specific project, SIDs are not
able to deliver additional public benefits such as reducing single-occupancy vehicle
trips and new revenue from tourists and visitors for multi-modal projects provided
by on-street paid parking. Similarly, grants are also a one-time funding source for a
structure.
Second, an SID is a new tax on downtown businesses that raises taxes on businesses
and property owners that already pay a higher tax rate than other properties due to
their high land value. Rent is a major cost driver for the small businesses that make
downtown vibrant. The cost of a new tax, like an SID, would likely be passed along
to tenants and increase costs, regardless of customer volume. This could lead to
businesses only further increasing costs on consumers. Staff is not recommending
imposing a new tax on businesses in the downtown core, since we believe it would
be more detrimental to businesses than paid on-street parking. An SID is a tax
businesses pay regardless of how their customers reach downtown, or whether
those customers are able to find free or cheaper parking off-street. An SID causes
businesses to pay for off-street parking, even if their customers do not use that
parking; it asks businesses to subsidize and encourage driving, instead of asking
drivers to pay the actual cost of driving. With paid on street parking, customers have
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the option to choose between price, availability, and convenience in where they
park, or choose alternative transportation.
Third, there is a lack of consensus among the downtown community. In our
community engagement sessions in the March and April 2022, participants were
split on whether or not to pursue a SID for the downtown community. An SID
amounts to a new tax on businesses to be paid every year for about 20 years. Under
State Law, City Staff must develop a complex formula taking into account zoning
requirements, distance from a parking garage, the size of the parcel assessed, the
amount of parking on each parcel, and land value to determine how much each
individual property owner would pay. This leads to an archaic, set in stone formula
determining whether or not we could build a new parking structure. Whereas,
under an on-street paid parking system, higher demand—indicating the need for a
additional supply—will generate the revenue required for a new parking structure.
On-street paid parking in the downtown core provides staff, the Transportation
Advisory Board, and the City Commission with a tool to efficiently fund and manage
our parking supply and system without placing a new tax on businesses and
properties, an SID does not. On-street paid parking provides the City an avenue to
encourage other forms of transportation than single-occupancy vehicle trips, an SID
does not. On-street paid parking provides revenue to fund infrastructure supporting
alternative modes of transportation, an SID does not. On-street paid parking
revenue can subsidize transportation programs for employees working downtown,
an SID does not.
Finally, the creation of an SID could unnecessarily delay the construction of a new
downtown parking structure adding uncertainty and costs. If pursued, staff will
determine the boundaries of any new district and create an assessment formula on
the downtown business owners while complying with all required public noticing
and protest periods. Delays in securing financing for the garage will delay
construction. Given the current pace of inflation, rising construction costs, and labor
scarcity, delays could yield significant cost increases. Delays in construction also
diminish the bonding capacity of the Downtown Urban Renewal District.1 Reduced
bonding capacity for the Urban Renewal District only increases the current funding
gap for the construction of a second downtown parking.
1 Currently, the Downtown Urban Renewal Plan prohibits the District from issuing new bonds against
the remaining Tax Increment. In order to issue new bonds, the City Commission would need to amend
via ordinance the Urban Renewal Plan to eliminate this provision. Additionally, the current bond holder
would have to agree to the issuance of new debt and remove a no new bonds provision.
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Whereas, staff has received positive and encouraging feedback from more than one
financial institution of the ability to sell revenue bonds in a creative fashion based
solely on the on-street paid parking revenue pro forma and the current projections
of the Downtown Urban Renewal District’s tax increment financing. This will allow
construction of a new downtown parking structure to begin sooner than initially
expected perhaps as soon as summer 2023. If given the green light by the City
Commission, staff remains confident a garage could open by the end of 2025 as
promised during the February work session.
The other financing option discussed repeatedly during the February Work Session
was securing grants from the state or federal governments. Staff met with our grant
consultants and staff from our United States Senate offices to determine if any
grants are applicable and available. Neither the consultants nor Senate staff could
identify a grant program which is typically used to fund parking structures. In fact,
many grant programs are moving away from funding parking infrastructure. Rather,
more grants appear available for programs to incentivize alternative modes of
transportation.
The Bridger Park Garage was funded in part through a $4 million grant from the
Federal Transit Administration secured through an earmark Senator Max Baucus
placed in the American Recovery and Reinvestment Act. The United States Congress
has resumed a program for congressionally directed spending, commonly known as
earmarks. No member of the Montana Congressional delegation has chosen to
submit funding requests under the newly established earmark program. Montana
was one of only three states to not receive any funding under this program.
Downtown Engagement: In the winter 2021, staff engaged with downtown
business owners, employees, and residents regarding parking issues in the
downtown core. A key conclusion from the engagement was that staff should pursue
policies based on data and keep the community informed of key decisions. For this
reason, staff brought a recommendation of downtown, on-street paid parking to
efficiently manage increasing demand and create new supply to the City
Commission based on occupancy data collected in August 2021.
During the February 2022 Work Session, the Commission requested an additional
round of public engagement with the downtown community. Staff hosted five
additional engagement sessions—two virtual and three in-person. More than 70
individuals representing various segments of the downtown community including
residents, employees, and property and business owners participated. Full
summaries of the engagement sessions can be found on our Engage BZN webpage.
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The sessions consisted of a 20-25 minute presentation substantially similar to the
one shared with the City Commission on February 1, 2022. Participants asked
clarifying questions regarding facts in the presentation. Then, facilitators from the
City led the group through a conversation on the following three questions:
1. What benefits and unintended consequences do you see in creating an on-
street paid parking environment in downtown Bozeman?
2. What are suggestions for steps to address those unintended consequences?
3. What is the most important issue to address with an employee permit
program? (i.e. cost? availability?)
Participant opinions ranged from staunchly opposed to the idea to enthusiastic
supporters of on-street paid parking. Staff was very pleased with the mix of
participants including business owners, residents, employees, university students,
and transportation and parking professionals. The discussions led to staff placing a
task order on the April 5, 2022 City Commission consent agenda to have the parking
consultants research other employee permit parking programs across the country.
The summary was shared with all participants in the community engagement and
we received no substantive feedback on the summary.
Employee Parking: The City Commission raised concerns during the February 2022
Work Session about how an on-street paid parking environment may impact
employees, especially those in the service industry. Additionally, across all five
community engagement session, participants consistently raised concerns about
how on-street paid parking will impact downtown employees.
In light of feedback from the community engagement sessions, staff directed the
city’s parking consultant to further research employee parking options. They
conducted a survey with more than 600 responses and constructed 15 options for
an employee parking program. At the end of July 2022, the City held two focus
groups with about 20 participants to identify which options generated the most
interest from downtown property owners, business owners, and employees.
Participants had a difficult time settling on the best policies without certainty about
the future of on-street paid parking in downtown Bozeman. Thus, staff decided to
pause discussions on employee parking until the Commission determines whether
or not to pursue on-street paid parking in downtown Bozeman. A key reason for the
pause is uncertainty around the Commission using on-street paid parking revenues
to subsidize parking and other transportation modalities for downtown employees.
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A summary of the focus groups and proposed ideas and survey results are available
on Engage BZN.
Downtown-Midtown-Cannery Circulator: A popular idea for expansion of transit to
serve Downtown is to create a circulator called the Downtown-Midtown-Cannery
circulator. The Commission directed the City Manager to have staff research the
costs of the circulator and how long it would take to create a circulator program.
Streamline staff informed City staff that a circulator route would cost $368,000-
$400,000 annually and that routes have already been created for a circulator. For
context, the estimate of a bond payment for a parking structure is $642,536 with
parking in a better location with no increasing costs of operated a new transit line.
Additionally, without paid on-street parking revenue, there is no revenue for the
City to fund a circulator. If pursued in earnest, the City will need to enter into a final
agreement with the Gallatin County for using part of the Gallatin County
Fairgrounds for additional parking. Any agreement would likely involve significant
capital investment for the parking lot to support the anticipated increase in use.
STAFF RECOMMENDATION: Since the February 2022 work session, staff has
undertaken a great amount of effort to consider and discuss the effects on-street
paid parking as a curb management tool will have on downtown business owners,
downtown employees, visitors to downtown, and residents in the neighborhoods
surrounding downtown. Staff remains in conversation with representatives of the
neighborhood associations and members of the downtown community on these
issues. For several reasons, staff remains steadfast in the conclusion that on-street
paid parking is necessary for effective management of downtown parking and
remains aligned with broad strategic goals of the Commission.
First, in December 2020, the City Commission voted 5-0 (recorded comments and
vote on page 11) to approve the City’s Climate Plan. Climate Plan Goal 4.J.7 clearly
states, “An abundance of free parking encourages and enables the decision to drive
versus walking, biking, carpooling, or using transit.” Not accurately pricing parking
undermines all the other efforts the City is taking to reduce greenhouse gas
emissions and leave a livable planet for future residents of the City of Bozeman.
Second, we have researched extensively what effects paid parking has had on the
business health of downtowns. The Victoria Transportation and Parking Institute
states the following about the economic impacts of paid parking on businesses and
commercial districts:
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Businesses, particularly retailers, often object to parking pricing out of fear
that it will discourage customers. However, experience indicates that
customers will pay for parking in areas with attractive businesses and
pedestrian environments (Kolozsvari and Shoup 2003). Many of the most
successful commercial districts have priced parking, and many commercial
centers with abundant unpriced parking are economically unsuccessful.
Figure 3 illustrates a positive relationship between parking prices and
regional economic productivity. This does not mean that increasing parking
prices will always increase economic productivity; they both tend to increase
with more compact, urban development. However, efficient parking
management, including pricing, help create commercial environments that
maximize economic productivity: affordable, compact, multi-modal
commercial centers.
Critics often claim that parking pricing spoils local economic activity by
discouraging customers, but it actually provides both economic benefits and
costs. It increases turnover which makes finding a parking space easier,
reduces the number of parking spaces required at a location which provides
financial savings, and can reduce traffic problems such as congestion. By
insuring that a parking space is always available, which facilitates freight
deliveries, business trips and errands. The additional revenues can finance
improvements such as new street furniture, more cleaning and security, and
marketing, or reduced taxes and rents. Negative impacts (reduced
customers) are generally local, involving shifts in the location of business
activity within a region, but do not reduce total regional economic activity.
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The introduction of priced parking to a commercial area often appears
harmful because negative impacts (loss of existing customers) tend to be
concentrated and visible, while economic benefits (new customers attracted
by more convenient parking, additional future development, or tax
reductions) tend to be dispersed and long-term. A shop owner is more likely
to hear older customers say, “I’ll quit visiting your store to avoid parking
fees” than to hear new customers say, “I’ll start visiting your store because a
parking space is easier to find.”2
Additionally, a case study of Old Pasadena, California’s implementation of on-street
paid parking shows how paid parking in Old Pasadena, California contributed to
significant reinvestment in downtown Old Pasadena. Further, sales tax revenue
increased significantly in Old Pasadena after the implementation of paid parking in
1993 in comparison to Plaza Pasadena, a shopping mall with free parking. In fact, in
2001, the Plaza Pasadena mall was demolished to make way for a development
similar to Old Pasadena.
Further, staff conducted a relatively exhaustive search of communities that have
implemented paid parking, but then decided to remove it. The only example staff
found in the last 15-20 years where on-street paid parking was reversed and meters
removed is in San Pedro in 2009 in the midst of the Great Recession. However, more
meters were installed in other parts of San Pedro. In some places, like Santa Fe, New
Mexico, the installation of meters that accept debit and credit cards caused revenue
to go up and citations issued to go down. Thus, customers and employees had
greater certainty and were not guessing whether or not enforcement would cite
them for a fine.
The final benefit of on-street paid parking for curb management is that the strategy
provides staff with an additional tool to manage the demand side of the
supply/demand equation.
Time and again, cities have used pricing in their downtown on-street paid parking
systems to encourage people to choose other modes of transportation. When
walking or biking is free, but parking has a monetary value, neighbors and residents
may opt to walk or bike, thus reducing single occupancy vehicle trips—the number
one contributor to greenhouse gas emissions. Less vehicle trips downtown equals
less need for parking in the downtown core which will allow for a more efficient
development pattern on our most valuable real estate in the City. A more efficient
2 https://www.vtpi.org/parkpricing.pdf
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development pattern could lead to more walkable neighborhoods and more regular
public transit, thus even further reducing the single-occupancy vehicle travel. A
reduction in single-occupancy vehicle travels leads to reduced greenhouse gas
emissions which can helps slow the worst impacts of climate change.
Actively managing parking is a truly virtuous cycle which will allow the Citizen
Advisory Boards, City Commission, and staff to achieve the goals established in
plans such as the City of Bozeman Strategic Plan (Goal 2.2, Page 3; Goal 4.2
Approach C, page 6; Goal 7.5, page 11) Community Plan (Goal DCD-3.6, page 34),
Downtown Bozeman Improvement Plan (Goal 3, pages 44-51) Downtown Strategic
Parking Management Plan (Strategy 20, page 32; Strategy 21, page 34; Strategy 24,
Page 41), and the Climate Plan (Focus Area 4, Action 4.J.7).
AN ALTERNATIVE SOLUTION: Up to this point, staff has recommended following
the Cost Recovery Plus model for Downtown Bozeman. The Cost Recovery Plus
Model is $1.75/hour for on-street parking and $1.00/hour for all surface lots and
garages. Staff recommended a seasonal approach during the City Commission
meeting in February. At that time, Commissioners expressed an interest in an
annual model which is included above.
Based on our community engagement efforts and conversations with the Downtown
Bozeman Partnership, staff is proposing a third option as well. Staff also
recommends the City Commission consider providing two or four hours of free
parking the Bridger Park Garage and in any second parking structure. Our parking
consultant modified the model to include these free hours. Below is a table showing
revenue generated with two or four free hours on a seasonal or annual basis.
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As one can clearly see, two or four free hours in the garage still generates sufficient
revenue to cover the operations of an on-street paid parking environment in
downtown Bozeman. Further, the free time in the garage will achieve the goal of
directing locals and employees to park in the garage. Thus, spaces are freed up on
Main Street and other streets for those less familiar with downtown Bozeman. Staff
supports this recommendation as a way to continue to attract locals to downtown to
eat, shop, work, and play.
TRANSPORTATION ADVISORY BOARD RECOMMENDATION: After receiving the
same materials City Commission is receiving, hearing a substantially similar
presentation, and receiving public comment from six members of the public, the
Transportation Advisory Board unanimously recommended the City Commission
direct staff to adopt paid parking as a supply and demand management strategy.
CONCLUSION: Bozeman is a unique community with a thriving downtown
supported by tourists and locals alike. Staff’s proposal for a seasonal on-street paid
parking model allows revenue capture from tourists and those who choose to access
downtown when demand is highest and parking supply is scarcest. Staff, the
Transportation Advisory Board, and the City Commission can use on-street paid
parking revenue to create more infrastructure and services that benefit community
members. The only limit on said infrastructure and services is the creativity of staff,
the Transportation Advisory Board, and the City Commission. Lots of issues facing
the downtown meet the rational nexus standard with parking required to receive
surplus revenue—employee parking, additional parking supply, sidewalk and street
light improvements, bicycle infrastructure, electric vehicle charging. Therefore,
there are opportunities to use the newly captured revenue from individuals
choosing to pay for parking.
On-street paid parking is a key policy evolution for Bozeman to continue to
transition from a large town to a small city. While it is impossible to predict every
outcome of this change, staff is confident that the benefits of a more sustainable
community, more active transportation management practices, and additional
revenue generate by the systems users will better support downtown employees
and improve the city’s transportation infrastructure without increasing the tax
burden on the downtown business community.
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NEXT STEPS FOR PARKING SUPPLY AND DEMAND MANAGEMENT IN BOZEMAN, MONTANA
Ask:Commission Ask Staff Action
Year Round Model How much revenue could be generated in a
year-round model?
The Cost Recovery Plus model generates
$2.47 Million minus $571K in operating costs
nets the City $1.9 Million in projected
revenue (~650K would go to a new garage),
Garage Site Recommendation Secure Site Control for Second Garage City Commission approved an MOU with the
County for lot behind County Courthouse on
September 20, 2022
Parking Benefit Zones Staff to determine when to put in a Parking
Benefit Zone
Transportation Advisory Board adopted
Resolution 2022-03 clearly laying out steps
for PBZ creation and including more citizen
involvement
Staff is ready to implement when needed
Grants to fund future supply Staff look at grants to fund future supply Researched grants with consultant,
determined there are no good options
Will continue to monitor grant options and
apply if they become available
Downtown Engagement Commission request staff engage with
downtown business owners and other
interested parties on the proposal for paid
parking in downtown Bozeman
In March and April 2022, Staff held five
engagement sessions, both virtual and in-
person with more than 75 participants from
the downtown community.
The Engagement led directly to staff holding
an additional two focus groups and survey on
creating an employee parking program.
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Employee Parking Commission raised concerns about how
employees would experience paid parking
downtown
During engagement sessions, the downtown
community raised similar concerns to the
Commission.
Because of these concerns, staff worked with
our parking consultant to survey the
downtown community on an employee
parking program.
Our consultant developed 15 options for
employee parking programs and staff hosted
a focus group of downtown employers and
employees to get their feedback on the
options. The employee program is on hold
until Commission decides whether or not to
pursue paid parking downtown.
Downtown—Midtown—Cannery Circulator Commission asked the City to determine
what would go into a circulator option
HRDC and Streamline could stand up
circulator quickly at a cost of $368,000-
$400,000 on an annual basis
Routes already designed
Would need to enter agreement with County
on using their property and possibly make
upgrades to the county parking lot
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MEMORANDUM
REPORT TO: Bozeman City Commission
FROM: Jeff Mihelich, City Manager
Mike Veselik, Economic Development Program Manager
RE: Parking Supply and Demand Management Work Session
MEETING DATE: February 1, 2022
AGENDA ITEM: Work Session
RECOMMENDATION: Provide direction to the City Manager and staff regarding the
future of parking supply and demand management in the downtown core,
specifically about on street paid parking.
BACKGROUND: Parking in downtown Bozeman is a key component of the long-
term health, vibrancy, and success of the downtown economy. Further, parking is
only one part of a transportation movement. With the creation of the Transportation
Advisory Board, the City of Bozeman now has the capacity to examine parking as
one component to creating a robust transportation network. Taking steps toward
creating supply and managing demand will allow the City to improve the
transportation experience for all users.
In 2016, the Bozeman Parking Commission adopted a Downtown Strategic Parking
Management Plan (DSPMP). The DSPMP lays out 26 strategies to manage the
downtown parking system. Since its adoption in 2016, the Parking Commission and
staff have made significant progress on many of the goals. However, some of the
most consequential goals remain outstanding.
To solicit new community input on these goals, city staff undertook a community
engagement effort in January, February, and March 2021. More than 100 residents
and community members participated in several facilitated conversations. The goal
of the engagement effort was to collect input from community members that do not
attend monthly Parking Commission meetings. Staff received excellent input from
the broader community including 1) desire for action rather than further analysis,
2) more active management effort in the downtown, and 3) exploration future
supply if circumstances merit. The input from the community informed the work of
the Parking Commission and staff through the end of 2021.
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At the April 2021 meeting, the Parking Commission adopted a work plan and
formed two subcommittees based on the input from the community. The
subcommittees consisted of a Policy Subcommittee and a Capacity Subcommittee.
While the Policy Subcommittee focused on parking minimums, the Capacity
Subcommittee focused on topics relating to 1) reducing demand in the downtown
parking management district, 2) creating options for employees, 3) unlocking
existing supply, and 4) creating new parking supply. The Capacity Subcommittee
drafted a set of priorities for the new Transportation Board to consider in creating
capacity. The Parking Commission adopted those priorities via Resolution 2021-06
including:
1. New standards for bike parking
2. Support for the expansion of public transit
3. Encouraging the City to enter into shared use agreements with downtown
property owners
4. Creation of an employee permit program
5. Special event parking and transportation services
6. Support for additional research into the construction of new parking
supply
OCCUPANCY STUDIES OF DOWNTOWN: The main data point for decision making
in parking services for downtown Bozeman is monitoring our occupancy numbers
on-street and off-street in the downtown core so that Parking Services can
efficiently identify trends in occupancy and take the appropriate actions to mitigate
negative effects on the user experience. Prior to this summer, the last manual
occupancy count was done in 2017.
The City regularly monitors occupancy in the garage via fixed license plate reader
(LPR) technology. Staff is in the process of installing standalone occupancy
technology in all the surface lots. Measuring on-street occupancy is the hardest task.
Cities across the country struggle with the best method to monitor on-street
occupancy consistently without major capital investments.
In June 2020, the City of Bozeman began to design a method for collecting on-street
data using the city’s mobile LPR technology typically used for enforcement. Since
then, staff has collected, analyzed, and shared regular occupancy data for on-street
public parking. During this development and trial period, staff noticed discrepancies
in the data that were not aligning with observations. Therefore, to determine the
accuracy of mobile LPR, staff contracted with Walker Consultants (Walker) to
conduct an occupancy study of downtown public parking.
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Luckily, as Walker was conducting the study, staff discovered errors with the data
that have been corrected. The map is now available on the city’s website and is
updated with our most recent data.
Even with the correct data coming in from mobile LPR collection, staff desired to
have the most accurate collection method available to inform decisions—a manual
occupancy count. A manual count is important because mobile LPR collection has a
margin of error of +/- 10 percent. Therefore, a manual count can verify the accuracy
of the mobile LPR collection and provide better information to make decisions.
Walker shared the results of the study with staff and the Parking Commission in
September and October, 2021. The study showed occupancy throughout the
downtown area approaching or above 85%. The 85% rule is a widely accepted
standard in the parking industry of a “full” block or off-street facility. At 85%
occupancy, a parker can expect one open spot per block face in an on-street system
or a few spots open in an off-street facility. Parking programs must increase
management efforts to ensure parking remains readily available when systems
regularly trip the 85% threshold. The best systems will have management tools in
place long before the system is regularly at 85% and adjust the tools as needed to
ensure parking remains available.
CREATING SUPPLY AND MANAGING DEMAND: Regardless of how well Parking
Services is able to manage demand, the City of Bozeman should continue exploring
ways to create more options for parkers in the downtown Bozeman area. As new
residents continue to move in, tourists choose to enjoy the beauty of our
community, and businesses and developments locate downtown, they will look for a
place to park their vehicles. Biking, walking, or taking public transit may not always
be an option. Therefore, the City should continue to pursue shared-use agreements
with willing partners in the downtown and attempt to unlock more private supply.
However, that will likely not be enough. The City must take meaningful action to
fund the creation of a new parking garage similar in size to the Bridger Park Garage.
The simplest and easiest way to contribute to the construction of a new parking
garage is for the City to provide funding to support the effort through an on-street
paid parking program. On street paid parking is a way to manage demand and
generate revenue to support future parking structures in the downtown area.
Further, the users of the parking and transportation system are paying for
improvements and expansion to said system. In addition, the 2016 Downtown
Strategic Parking Management Plan calls for the City to explore a paid parking
solution to expand parking supply when data demonstrates the need. The data
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illustrates a need for paid parking as one of many tools in the Parking Services
program’s toolbox to manage parking in the downtown Bozeman area.
With this in mind, after the required RFQ process, staff selected Walker Consultants
(Walker) for a term contract to provide support to the program in exploring the
options for paid on street parking in the downtown core. Walker provided a pro
forma study of the revenue that could be generated by charging for on street
parking. The figure below shows the rates that could be charged from May 1
through September 30, the time with the highest tourist demand on the system, and
the amount of revenue generated. In all three rate scenarios, Walker calculated the
cost of debt service on bonds issued to support the construction of a new parking
structure. Staff are confident in the accuracy of the model because of Walker’s
experience in the industry working with other municipalities and their conservative
financial assumptions.
UNINTENDED CONSEQUENCES OF PAID PARKING: An efficient paid on-street
parking system could lead to unintended consequences like rent seeking behavior of
parkers in the downtown—i.e. parking in unregulated areas outside of the
downtown core. To remedy this potential negative outcome, past Parking
Commissions and the City Commission adopted Ordinance 2033 in August of 2020
which allows for the creation of parking benefit zones (PBZ). A PBZ is an inclusive
permit program that provides permits to residents in the permit area—eligible
neighborhoods extend 1,000 feet from the downtown B-3 zone—first at a low rate
and is enforced by the Parking Division. Should additional capacity exist in the
system, the City could sell permits at a premium to commuters or others who do not
qualify for a resident permit.
Further, paid on-street parking could burden employees who park downtown for
work, especially those in service industry jobs such as the hospitality and retail
establishments. Staff proposes creating an employee permit program as
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recommended in Parking Commission Resolution 2020-06. The program will
encourage employers to purchase permits for their employees by offering
discounted permits for bulk purchases in the surface lots or parking garage. In
addition, should paid on street parking generate enough revenue to cover all
operational expenses, excess revenue could be used to subsidize permits for select
users.
Staff remains committed to addressing unintended consequences of creating a paid
on street parking system as they arise. The system will require fine tuning as we
learn how the public reacts to paid-on street parking downtown. Staff, the
Transportation Board, the City Commission, and the general public must all work
together to perfect the system.
COMMUNITY ENGAGEMENT AROUND PAID PARKING: Staff believes the
engagement conducted in the winter of 2021 provided sufficient public input on
whether or not to pursue paid on street parking in the downtown core. Additionally,
staff continues to discuss the parking system with the Downtown Bozeman
Partnership, downtown property owners, business owners, and residents.
Staff will, however, benefit from additional public input on the allocation of any
additional revenue generated from paid on street parking beyond the basic costs of
operating the system. The options staff would like to present to community
members include 1) funding a new garage/additional supply, 2) a grant program to
support multimodal transit projects, 3) funding streamline, and 4) subsidizing
employee parking permits.
ACHIEVING THE GOALS OF THE CITY OF BOZEMAN: The City Commission has
adopted many plans and goals designed to provide a basis for the City to make
policy decisions. Implementing paid on street parking to fund projects such as a new
garage, more transit, bike and pedestrian transportation options, and an employee
permit program meet several City goals including goals 2.2 Infrastructure
Investments, 4.2 A High-Quality Urban Approach, 4.4 Vibrant Downtown Districts
and Centers, 4.5 Housing and Transportation Choices, 6.3 Climate Action, and 7.3
Best Practices, Creativity, and Foresight. Additionally, implementing paid on street
parking allows for the City to encourage additional uses of multimodal
transportation. The City can make progress toward goals in the Strategic Plan
(Urban Design), Climate Plan, Downtown Plan, and the Transportation Plan.
TRANSPORTATION ADVISORY BOARD MEETING: On Wednesday, January 26,
2022, the Transportation Advisory Board received a substantially similar memo,
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report from Walker, and presentation. After questions, public comment, and a board
discussion of the presentation, the Board voted 7-0 to recommend the City
Commission support paid parking as a strategy to manage parking supply and
demand in downtown Bozeman.
CONCLUSION: Staff has conducted data collection showing a need for increased
parking supply and a more active management strategy for parking demand. Paid on
street parking is a proven method in communities across the country to manage a
parking system and as a tool to increase parking supply. Paid on street parking
allows for the City to place the cost burden of operating the system on the users of
the system rather than assessing individual property owners or businesses. Further,
the seasonal approach to paid on street parking allows the City to capture revenue
when parking assets are in highest demand, mostly by out of town guests and daily
visitors. Finally, revenues generated from paid on street parking provides the City
with funds to invest in projects for the future of the transportation system and to
support a thriving downtown.
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Memorandum
REPORT TO:City Commission
FROM:Taylor Chambers, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Appointment to the Historic Preservation Advisory Board.
MEETING DATE:October 4, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:I move to appoint one member to the Bozeman Historic Preservation
Advisory Board to the at-large member position with a term expiring on June
30, 2024.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:The Bozeman Historic Preservation Advisory Board was created under
Chapter 2, Article 5, and Division 6 of the Bozeman Municipal Code. This
chapter is designed as a measure to establish a local historic preservation
program designed to promote the preservation of historic and prehistoric
sites, structures, objects, buildings, and historic districts by addressing
historic preservation issues at the local level and integrating them into local,
state, and federal planning and decision-making processes. The historic
preservation program includes identification, evaluation, and protection of
historic resources within the city (Ordinance No. 1180, Section 2, 1985). The
Bozeman Historic Preservation Advisory Board shall serve in an advisory
capacity to the City Commission and other staff members or boards seeking
advice on historic preservation issues (Ordinance No. 1454, Section 2, 1998;
Ordinance No. 1180, Section 3, 1985).
Members are appointed to staggered two-year terms comprised of up to
seven members per Ordinance 1927 via any combination of the following:
1. At least three members shall meet the Secretary of the Interior's
Professional Qualification Standards in the disciplines of history, planning,
archaeology, architecture, architectural history, historic archaeology, or
other historic preservation-related disciplines such as cultural geography or
cultural anthropology.
2. At least one member shall be an architect holding state or NCARB
registration. Retired professionals shall be given consideration equal to that
of practicing professionals. Residency within the city shall not be a
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prerequisite for membership as a professional representative.
3. At least one member shall live in or own property in a Bozeman historic
district, on file at the city planning office. A member may be chosen from a
locally or nationally designed district.
4. At least four members shall be at-large representatives who reside or own
property within the city limits.
This board currently has one vacancy. The City Clerk’s Office has received
one application, with their relevant qualifications indicated below:
One At-Large Member Position with a term expiring June 30, 2024 |
Qualifies: A. Brekke
Applicants:
Allison Brekke
Commissioner Coburn is the City Commission liaison for this board. Bozeman
Historic Preservation Advisory Board appointments are Commission
appointments.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None.
Attachments:
Allison Brekke.pdf
Report compiled on: September 16, 2022
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From:City of Bozeman, MT
To:Agenda
Subject:*NEW SUBMISSION* Citizen Advisory Board Application
Date:Thursday, July 7, 2022 7:33:21 AM
Citizen Advisory Board Application
Submission #:1795529
IP Address:161.7.21.89
Submission Date:07/07/2022 7:33
Survey Time:32 minutes, 33 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
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Applicant Information
Full Name
Allyson Bristor Brekke
Physical Address
1002 Mountain Ash Avenue
Bozeman, MT 59718
Primary Phone
4065795525
Additional Phone
Current Occupation
Deputy Planning Officer for Gallatin County (Assistant Planning Director)
Employer
Gallatin County
Email
allycaroline@gmail.com
Which position are you applying for?
Historic Preservation Advisory Board
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
11 years or more
Have you ever served on a City or County Board or Commission?
No
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Where, how long, and what Board?
While not a City/County Board, I did serve on the Sweet Pea Festival Board for a few years as well as the Western
Central Chapter Board of the American Planning Association and the MT Planning Assoc.
Please describe your professional and personal experiences, interest, and qualifications that make you a good fit
for this board.
I hold a Bachelor of Arts in Historic Preservation from the University of Mary Washington and a Master of City
Planning from the University of Pennsylvania. Following school, I served as the City of Bozeman's Historic
Preservation Planner for about three years and served as the Staff Liaison for the Board and carried out the City's
Historic Preservation goals. I then moved into an Associate Planner role and performed Neighborhood Conservation
Overlay COA project review with a focus of downtown.
The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged
in to expand your understanding of DEI.
I am a graduate of the Northwest Women's Leadership Academy (while working in the State of Washington), a nine
month program sponsored by the Washington City/County Management Association. The core mission of the
Academy is to address the underrepresentation of women in leadership roles. The Academy helps to prepare and
promote more women from diverse backgrounds who are interested in serving as City Managers/Administrators.
Additionally as a Director in Gallatin County, I understand DEI efforts
References
Read-Only Content
Reference #1 Full Name
Ben Lloyd
Phone
4065814383
Email
blloyd@henneberyeddy.com
Section Break
Reference #2 Full Name
Bonnie Martin
Phone
4065398650
Email
martin6217@gmail.com
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If
appointed, do you understand you will be expected to take online and in person ethics training?
Yes
How did you hear about this board or vacancy?
Planner Sarah Rosenberg
Is there any other information that you feel we need to know?
I feel that I have a wonderful opportunity to serve on a City Advisory Board that I previously invested much of my
professional career toward. It is my understanding the Board would value from a Preservation professional as it
assists the City in formulating plans and updates to the City's preservation goals during times of immense
development pressures. While I did leave Bozeman for five years to promote my career, it was always a goal to
return and support the great City of Bozeman community.
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Thank you,
City Of Bozeman
This is an automated message generated by Granicus. Please do not reply directly to this email.
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