HomeMy WebLinkAbout22- Professional Services Agreement - Montana Outdoor Science School - Year Two of a Direct Student Engagement Pilot Program
Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide
Curriculum – Direct Student Engagement Pilot Program Year Two
FY 2023 – FY 2024
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2022
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, Montana Outdoor Science School, with a mailing
address of PO Box 502, Bozeman, MT 59771, hereinafter referred to as “Contractor.” The City and
Contractor may be referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
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Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide
Curriculum – Direct Student Engagement Pilot Program Year Two
FY 2023 – FY 2024
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a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
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Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide
Curriculum – Direct Student Engagement Pilot Program Year Two
FY 2023 – FY 2024
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Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
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Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide
Curriculum – Direct Student Engagement Pilot Program Year Two
FY 2023 – FY 2024
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incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
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Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide
Curriculum – Direct Student Engagement Pilot Program Year Two
FY 2023 – FY 2024
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The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on both the Commercial General
and Automobile Liability policies. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any
required insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
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Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide
Curriculum – Direct Student Engagement Pilot Program Year Two
FY 2023 – FY 2024
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Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
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Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide
Curriculum – Direct Student Engagement Pilot Program Year Two
FY 2023 – FY 2024
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11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Jessica Ahlstrom, Water Conservation Program Manager, or such other
individual as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or authorizations shall
be issued only by such Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, Contractor may direct its communication or submission
to other designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Molly Ward, Education Director, or such other individual
as Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
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Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide
Curriculum – Direct Student Engagement Pilot Program Year Two
FY 2023 – FY 2024
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13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
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Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide
Curriculum – Direct Student Engagement Pilot Program Year Two
FY 2023 – FY 2024
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such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
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Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide
Curriculum – Direct Student Engagement Pilot Program Year Two
FY 2023 – FY 2024
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21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
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Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide
Curriculum – Direct Student Engagement Pilot Program Year Two
FY 2023 – FY 2024
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agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA Montana Outdoor Science School
By________________________________ By__________________________________
Jeff Mihelich, City Manager Molly Ward, Education Director
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Exhibit A: Scope of Services
Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct
Student Engagement Pilot Program Year 2
I. Background
On January 25, 2022, the City of Bozeman and Montana Outdoor Science School (MOSS) entered into a
professional services agreement to implement the Bozeman Water Conservation and Stormwater
Management Educator Guide Curriculum - Direct Student Engagement Pilot Program (Program). The
intent of the Program was to provide 5th grade students with a solid founding knowledge in Bozeman’s
freshwater resources, hydrologic processes, and the importance of water conservation, through hands-
on, place based learning. More specifically, the Program was intended to provide 5th grade teachers in
Bozeman Public Schools with an opportunity to receive support from MOSS to teach the curriculum
directly to students.
II. Purpose
The City requires an organization with the skills and expertise to educate 5th grade students in Bozeman
Public Schools on Bozeman’s watershed, the importance of water conservation, and stormwater runoff
and pollution through the implementation of the Bozeman Water Conservation and Stormwater
Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year 2. The intent
of this project is to:
Continue to provide 5th grade students with a solid founding knowledge in Bozeman’s
freshwater resources, hydrologic processes, and the importance of water conservation through
hands-on, place based learning;
Expand the reach of the Direct Student Engagement Pilot Program and improve the Program
through the implementation of lessons learned during the 2021-2022 school year; and
Continue to provide 5th grade teachers in Bozeman Public Schools with an opportunity to
receive support from MOSS to teach the curriculum directly to students.
III. Student Learning Objectives
Knowledge in the main components of a watershed and how water moves within Bozeman’s
watershed
Understand major components of the Gallatin and Bozeman Municipal watersheds throughout
the year
Gather information on water use data to calculate, organize, and understand the importance of
implementing water conservation measures
Understand how Bozeman’s stormwater distribution system works and factors that affect water
movement throughout the City
IV. Curriculum Description
Seeing Bozeman’s Watershed:
o Students find out what a watershed is, describe how water flows in a watershed based on
elevation, and use maps to identify key parts and functions of watersheds in general and in
the Gallatin River and Bozeman Municipal Watersheds, specifically.
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Bozeman Home Water Investigation:
o Students discuss Bozeman water sources and water conservation concepts, conduct a
home water investigation, and compare and contrast results with and without the
implementation of water conservation practices. Students then make recommendations
for personal conservation strategies at home based on water and monetary savings.
A Year in the Gallatin River Watershed:
o Students participate in a hands-on exercise to describe how water flows in their
watershed based on elevation and seasons.
Stormwater Hike:
o Students are introduced to City watershed concepts and the Bozeman stormwater
distribution system through an investigation of water flow on their school grounds.
Adding Up Stormwater Pollution:
o Students demonstrate how runoff carries nonpoint source pollution into Bozeman’s
storm sewer system and ultimately into our waterways without going to a treatment
plant. Focus is on everyone’s contribution, group and individual action, the pollution of
water as it flows through the City of Bozeman and how it can be reduced.
V. Contractor Responsibilities
Contractor will provide training to educators within Contractor’s organization to facilitate the Bozeman
Water Conservation and Stormwater Management Educator Guide curriculum in Bozeman Public
Schools. Contractor will engage Bozeman Public Schools to participate in this direct student
engagement program with a goal of recruiting nine 5th grade classes from at least three schools. The
Contractor will offer this program to all 5th grade teachers within the Bozeman Public School District to
allow an equal opportunity of engagement and participation. Contractor will select interested
classrooms based on a first-come, first served application process. Contractor will facilitate the
curriculum in up to nine 5th grade classes from at least three Bozeman elementary schools.
Contractor Responsibilities below include work items that resulted from lessons learned during the
2021-2022 Pilot Program year.
Streamline lesson content so that the content is more focused and will accommodate 90
minutes of class time;
Offer the Stormwater Hike lesson as a supplementary resource to teachers to use with their
students after the Program is completed;
Revise the pre- and post-assessment content to better accommodate quantitative scoring and
ensure that assessment questions directly pertain to student learning objectives;
Adjust the Home Water Investigation worksheet and lesson approach to help students better
understand the math exercise associated with the Bozeman Home Water Investigation lesson;
Hire and train qualified instructors to teach the Bozeman Water Conservation and Stormwater
Management Educator Guide curriculum;
Engage and recruit 5th grade elementary teachers within Bozeman Public Schools and select
classes based on a first come, first served application process;
Provide program and promotional materials;
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Communicate and organize scheduled teaching days with Bozeman 5th grade elementary
teachers;
Provide students with quantifiable pre- and post- curriculum knowledge assessments to track
the effectiveness of this program;
Execute curriculum in nine different 5th grade classes from at least 3 elementary schools;
Provide a summary report to the City outlining program successes, lessons learned and student
impacts after completion of the program – including all pre-post-assessment results.
VI. City Responsibilities
Provide the Bozeman Water Conservation and Stormwater Management Educator Guide
curriculum to Contractor for teaching;
Provide Contractor with relevant teaching materials pertaining to the curriculum;
Provide input on classroom organization and methods for implementing hands on lesson plans
in a COVID safe environment.
VII. Cost and Timeline
Planning
MOSS Education Director Time (adjustment to curriculum, revisions to assessments,
revisions to Home Water Investigation worksheet, upkeep of materials, teacher/school
district communications, instructor training) $2,000
Program Material Goods $200
Promotional Materials $200
Training
Training MOSS instructors to present the program (15 instructors for 8 hours) $2,176
Implementation
Cost to present program in nine 5th grade classrooms (three, 1.5 hour visits per classroom)
in at least three Bozeman elementary schools
Approximate $700 per classroom of ~30 students; includes salary for 2 MOSS instructors for
six instruction hours, curriculum review, prep time, set-up time, travel time, mileage, very
small consumable materials budget $6,300
Project timeline includes the entire 2022-2023 school year
TOTAL $10,876
City shall pay Contractor for work completed based on time and materials. Total cost shall not exceed
$10,876 without written consent by City. Contractor shall invoice City no more often than once
monthly.
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Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum –
Direct Student Engagement Pilot Program Year One Summary & Results
Introduction
On January 25, 2022, the City of Bozeman and Montana Outdoor Science School (MOSS) entered into a
professional services agreement to implement the Bozeman Water Conservation and Stormwater
Management Educator Guide Curriculum - Direct Student Engagement Pilot Program (Program). The
intent of this project was to provide 5th grade students with a solid founding knowledge in Bozeman’s
freshwater resources, hydrologic processes, and the importance of water conservation through hands-
on, place based learning, and to provide 5th grade teachers in Bozeman Public Schools with an
opportunity to receive support from MOSS to teach the curriculum directly to students.
Recruitment
The goal of this Program was to reach at least five 5th grade classrooms in at least three Bozeman Public
Schools. A website and online application was created (http://www.outdoorscience.org/water-wise-
kids) and emailed directly to all of Bozeman’s 5th grade teachers. Five teachers responded to the initial
call for applications and teachers were selected for the Program based on a first-come, first-served
basis. Two teachers from Meadowlark Elementary, three teachers from Morning Star Elementary and
one teacher from the Bozeman Online Charter School participated in the Program. A teacher from
Hyalite Elementary School also applied to participate, but scheduling conflicts prevented their
participation this year. In total, MOSS was able to visit six classrooms in three different schools and
reach 173 students.
School Teacher Number of Students
1 Meadowlark Fergeson 28
2 Meadowlark Pauletti 29
3 Morning Star Babcock 30
4 Morning Star Dore 30
5 Morning Star McIntosh 30
6 Bozeman Online Charter School Rabinsky 26
TOTAL 6 classrooms 173
Table 1: Summary of Program Participation
Classroom Visits
With the exception of Bozeman Online Charter School, in which one MOSS instructor led the Program,
two MOSS instructors visited each school three times. Each visit was approximately two hours long
(although there was some variation due to scheduling) and about one week apart. Between visits,
students were tasked with an at-home water audit to record baseline water use (between the first and
second visit), and a second water audit (between the second and third visit) where water conservation
practices were implemented.
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Classroom visits were structured as follows:
Pre-visit assessment online
Visit 1 Seeing Bozeman’s Watershed
Crumpled Watershed Activity
Blue River Watershed Activity (using chalk)
Bozeman Municipal Watershed (laminated with wet erase markers)
Introduction to Bozeman Home Water Investigation
Students were given Home Water Investigation Day 1 sheet to take home
Visit 2 Discussion of Bozeman Home Water Investigation Day 1 results
Exploration of water saving tools and devices
Brainstorming ideas for water conservation
Discuss reasons why water conservation is important
Students were given Home Water Investigation Day 2 sheet to take home
A Year in the Gallatin River Watershed Activity
Seasonal flow simulation using balls/graphing
Visit 3 Discussion of Bozeman Home Water Investigation Day 2 results
Comparison with Day 1 results
Adding Up Storm Water Pollution Activity
Post-visit assessment online
Table 2: Summary of Classroom Visit Program Content
Each class (which included 25-30 students), was split in two groups for some of the activities in order to
achieve more direct instructor-student engagement. Teachers were also encouraged to participate.
Assessment Data
Table 3: Pre- and Post-Assessment Scores
School
Pre-Assessment
Average
Post Assessment
Average
Point
Improvement
Sample size (number of students who
completed both pre/post assessments)
Morning Star -
Dore 6.32 8.43 2.11 17
Morning Star -
Babcock 6.06 8.18 2.12 23
Meadowlark -
Pauletti 5.02 8.12 3.1 21
Meadowlark -
Ferguson 4.35 8.52 4.17 24
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Results of Program efficacy were measured by comparing the scores of identical content-based pre- and
post-assessments. Data was only collected from students who completed both the pre- and post-
assessments (some students only completed one or the other, and two classrooms did not return any
post-assessment results). Questions were open-ended, which led to some challenges related to student
interpretation and, in turn, difficulty grading. However, despite these challenges, clear improvement of
scores was recorded (quantitatively) and clear advancement in understanding was perceived
(qualitatively).
Chart 1: Change in Assessment Scores after Program Completion based on Classroom
As this was the first year in which the City has worked with MOSS to facilitate these lessons, some
opportunities for improvement were identified by MOSS instructors and/or suggested by teachers, and
are listed below.
Teachers at some schools preferred to include all of their fifth grade classrooms in order to
ensure each class received the same hands-on educational opportunities.
o Solution: Work toward providing all 5th grade classes in all schools with this Program.
The Program would be best run in the warmest months, as two hours was a long time to be
outside in March.
o Solution: Aim to visit schools in the fall semester of each school year.
Open-ended assessment questions made it difficult for some students to interpret the
questions, and in turn made scoring the assessments more challenging.
o Solution: Revise the pre- and post-assessments to be multiple choice and ensure
wording is clear and easy to understand.
Instructors and teachers both suggested shorter visits.
o Solution: Adjust from 2 hour lesson blocks to 1.5 hour lesson blocks and streamline
lesson content and revise so that the content is more focused.
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Instructors and teachers both suggested reworking the Home Water Investigation worksheet.
Students required a lot of help with the math and found it somewhat confusing. They seemed to
understand and succeed in collecting initial data, but ran into issues calculating volumes. This is
developmentally appropriate math in theory for this age group, but came with challenges
nonetheless.
o Solution: Revise, simplify and consider digitizing the Home Water Investigation sheet.
o Solution: Spend more time walking the students through the math exercise and consider
developing tools to assist them in calculating volumes (Excel spreadsheets, etc.).
Some of the concepts in the Program are somewhat abstract.
o Solution: Consider purchasing 3-D watershed maps.
o Solution: Consider scheduling filed trips to Bozeman Creek and other locations within
the watershed.
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