HomeMy WebLinkAbout23- Professional Services Agreement - Downtown Bozeman Partnership - Administration of the Downtown Urban Renewal District for FY23
Professional Services Agreement for the Administration and Management of the
Downtown Bozeman Urban Renewal District
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Professional Services Agreement
Regarding the Administration and Management of the
Downtown Bozeman Urban Renewal District
WHEREAS, the Downtown Urban Renewal District was created March 6, 1995 by
Commission Resolution No. 3046; and
WHEREAS, the Downtown Urban Renewal Plan was adopted on November 20, 1995 by
Commission Ordinance No. 1409; and
WHEREAS, the life of the Tax Increment Financing District established under the Urban
Renewal Plan was extended on March 7, 2005 by Commission Ordinance No. 1628; and
WHEREAS, the life of the Tax Increment Financing District established under the Urban
Renewal Plan was extended on December 17, 2007 until the year 2032 with the sale of Tax
Increment Urban Renewal Revenue Bonds by Commission Resolution No. 4073; and
WHEREAS, the adopted Urban Renewal Plan stipulated that an Urban Renewal Agency
would be created and referred to as the Downtown Bozeman Improvement District Board (the
“Board”) pursuant to 7-15-4232 MCA and 7-15-4234 MCA; and
7-15-4232. Authorization to assign urban renewal powers to municipal
departments or to create urban renewal agency. When a municipality has made
the finding
prescribed in 7-15-4210 and has elected to have the urban renewal project powers
exercised as specified in 7-15-4233:
(1) such urban renewal project powers may be assigned to a department or other
officers of the municipality or to any existing public body corporate;
7-15-4234. Urban renewal agency to be administered by appointed board of
commissioners. (1) If the urban renewal agency is authorized to transact business
and exercise powers under this part, the mayor, by and with the advice and consent
of the local governing body, shall appoint a board of commissioners of the urban
renewal agency consisting of five commissioners...
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Professional Services Agreement for the Administration and Management of the
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WHEREAS, the Downtown Board as the designated Urban Renewal Agency is authorized
to employ the necessary staff to implement the Urban Renewal Plan pursuant to 7-15-4238 MCA;
7-15-4238. Employment of necessary staff. The urban renewal agency or
department or officers exercising urban renewal project powers shall be supplied
with the necessary technical experts and such other agents and employees,
permanent and temporary, as are required.
WHEREAS, the Board bylaws state “Should a private organization be responsible for
program administration, such arrangements shall be made by contract with the City of Bozeman.”;
NOW, THEREFORE, the Downtown Bozeman Partnership and City of Bozeman enter into
this Professional Services Agreement defining the administration and management of the
Downtown Bozeman Urban Renewal District.
THIS AGREEMENT is made and entered into this _10th_ day of _January__, 2023
(“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, DOWNTOWN BOZEMAN PARTNERSHIP, LLC,
a limited liability company, with a physical and mailing address of 22 East Main Street #302,
Bozeman, MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 30th day of June, 2023, unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
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4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
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’
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compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
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
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construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
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:
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• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
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opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
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
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damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be David Fine, Economic Development 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 Ellie Staley, Executive 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.
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12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
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shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
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attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
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enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Ellie Staley
Executive Director
Downtown Bozeman Partnership
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Scope of Services: Exhibit “A”
Downtown Urban Renewal District
FY2023 Work Plan and Budget (July 1, 2022 to June 30, 2023)
Downtown URD Mission Statement
The Downtown Bozeman Urban Renewal District board (URD) will foster an economically thriving
district that: 1) attracts investment; 2) stabilizes and strengthens the tax base; and 3) supports the
vitality and diversity of the Gallatin Valley as its social and cultural center.
In 1995, the City Commission adopted the Urban Renewal Plan for downtown Bozeman which was
subsequently amended in 2015. The intent and purpose of the Urban Renewal Plan emphasizes:
1. Bozeman’s historical character as a “working” downtown shall be maintained.
2. Traffic movement and access shall be designed with the emphasis on the downtown as a
designation rather than improving the flow of through traffic.
3. The facilitation of private/public partnerships is encouraged in the implementation of the
Plan.
4. Objectives shall be accomplished by incentives whenever possible.
5. Private property rights will be respected.
6. Administrative practices shall be conducted in a constructive manner which fosters
cooperation.
7. This Plan is further detailed, refined, prioritized and implemented by the “Downtown
Improvement Plan” which outlines specific programs and projects consistent with the
Urban Renewal Plan.
The Urban Renewal Plan established nine “Guiding Principles” to provide direction for improving
Bozeman’s historic downtown. The Urban Renewal Study Committee considered the first three
principles more important than the next three with the last three the least important. However,
the Committee deemed all nine principles to be vital to achieving the vision for downtown. Key
implementation actions were identified for each principle (may apply to multiple principles but are
only listed once below).
1. Strengthen downtown’s economic vitality
2. Improve the safety, security and health of the district
3. The image of downtown shall be continuously improved
4. Downtown’s accessibility shall be improved
5. “Community Partnership” is fundamental to downtown’s success
6. Downtown’s diversity shall be facilitated
7. The cost of projects and programs shall be weighed against their benefits
8. Downtown shall become more user friendly
9. Cultural activities shall be nurtured and expanded downtown
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Downtown URD FY23 Programs, Projects and Initiatives
The Downtown URD anticipates a FY22 year-end balance of $4.3 million and FY23 revenues are
projected to be $1.9 million which totals just under $6.2 million of funding available for FY23. The
proposed FY23 expenditures total $4.79 million with an estimated FY23 year-end balance of $1.37
million. The following work plan and budget outline these projects and projected expenses.
Downtown Bozeman Partnership Management Fee ($203,500)
7% estimated increase over FY22. The increase is to cover inflation, increase to DBP rent
(27% annual increase) and added staffing and bookkeeping needs.
Street Furniture/Streetscape-new purchases ($50,000)
Several new trash and recycling bins were purchased and placed in along newly developed
streetscapes in FY22. Soroptimist Park also underwent a minor facelift with new fencing,
hardscape and replanting summer of 2022. The need in FY23 has shifted to tree and tree
grate updates. There are currently 11 trees that need to be pulled, grinded and replanted.
The stumps are currently presenting a safety hazard. Five of the trees that need to be
replaced is to large of a job for the city to complete and we looking to sign a PSA with
Greenspace Landscaping at the City Commission meeting on May 24 for the work to be
completed through summer 2022. We are also looking to purchase new benches for
redeveloped sites and move into a planning stage for the next for Soroptimist Park.
North Willson Streetscape Project ($75,000)
This project is intended to complete the needed streetscape along the North Willson
parking lot once Armory project was completed. This project was put on hold due to covid
and lack of resources. We would like to reserve funding to complete the work needed in
FY23, just along the city-owned area and to work with other property owners to complete
the remaining areas in collaboration.
URD Grant Programs – The URD grants have been updated to reflect current code updates
and can now be completed online. Although, a substantial audit needs to be made to these
to make sure they are still relevant to the needs of downtown developments and
infrastructure improvement needs. After going to digital forms in 2022, a full audit
continues to be a priority in FY23. The estimated costs below are dependent on
applications received.
• Streetscape Assistance ($50,000)
• Life-safety Grant ($30,000)
• Fiber Infrastructure Grant ($10,000)
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• Technical Assistance Grant ($50,000)
• Residential Incentive Program ($200,000)
Alley Improvements & Planning ($250,000)
We are underway with the North Black to Tracy Alley Improvement Project. We have hired
a project manager and a landscape design team. We have a 6 to 9-month pre-construction
timeline. Civil surveying and landscaping plans will be completed this summer and alley
improvement construction to happen spring 2023. We have rough estimates on cost and
will have a clearer picture once we complete the necessary survey and planning needed.
The final design will include a combination of public art, seasonal planters, pavement
treatments, lighting, seating, and landscaping.
Bozeman Creek Improvements & Planning ($20,000)
An educational and artistic project that started in 2021, is slated to be completed in
summer 2022. The estimated $20,000 has been approved for this project and we look
forward to the final piece to be installed at city hall along the bridge and creek access
point. These encumbered expenses may be paid on FY22 or FY23, depending on
construction timeline. Bozeman Creek improvements has been a URD priority and although
we do not have an additional project in the works for FY23, we’d like to reserve some funds
for future planning with our current partners and have some flexibly to support future
projects that may arise.
Wayfinding and Parking Signage Project ($25,000)
This ranked as a top project on the URD board prioritization exercise to expand and clarify
what amenities and parking are available. This was not completed in FY22 but will become
more crucial in FY23 as visitor numbers rise and if a parking management program is
installed. The cost will be an estimated $15,000 for fabrication and installation of signage,
$10,000 for design and planning for the project.
Intersection Cable Anchor Repairs ($25,000)
Small cable repairs were made in FY22 and more are planned for FY23. These are ongoing
and necessary upgrades, specifically as buildings get redeveloped on those specific corners.
Alternative Transportation Projects $50,000
Not completed in FY22 but continues to be a priority in FY23. It’s intended to alternative
transportation projects including bike & transit connections between downtown and key
destinations, a bike share program, enhance bike and pedestrian links, enhance Black
Avenue as Bozeman’s downtown bike hub.
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Workforce Housing Project – Fire Station One ($1,600,000)
This is an encumbered expense approved for a project with 50 units of work force housing
to be sold at 120% AMI. The $1.6 million approved for this project will be reimbursed at the
certificate of occupancy and when all of the project conditions have been met. This will
likely be reimbursed after FY23 but will be encumbered until paid or approved project
changes.
City Economic Development Specialist ($35,500)
An estimated 7% increase from FY22 to cover inflation. This cost helps fund a portion of
payroll expenses for two City Economic Development Department Specialists. These
employees will work on a variety of tasks directly related to the downtown URD including
parking and tax increment financing.
Transportation Planning ($50,000)
We are moving into the next phase of transportation planning and potentially short-term
transportation infrastructure improvements through FY23. This includes a focus on
pedestrian safety and downtown access along Mendenhall and Babcock. We are currently
developing a scope with short- and long-term attainable solutions. Field surveys are
currently being performed and we hope to confirm a professional services agreement for
this work in the coming weeks and will keep the URD board abreast of the process
throughout.
Soroptimist Park Planning ($25,000)
During the fall 2020 semester, the URD partnered with the CATS Program to envision
options for transforming the park and they presented an array of creative ideas. The next
step is to hire a professional firm/team to further the design concepts developed.
Code Amendments ($20,000)
This would include planning to include more code flexibility Downtown for existing and
new buildings (departures, deviations, relaxations, etc.). As the Unified Development Code
is slated to do a full amendment process, it will be important for us to have some funding
for specific downtown planning to assistance through the city process.
Design Guidelines/Standards ($25,000)
It has been increasingly apparent as larger development projects expand throughout our
district, that we need to develop a set of downtown design guidelines, to create and
support consistent streetscape enhancement and provide developers with the information
they need to properly expand the efforts we have made to beautify and improve our
district. We hope to begin this planning process in FY23.
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Downtown Infrastructure & Public Realm Plan ($50,000)
To develop plan to enhance Downtown’s identity and ensure public realm developments
create a consistent and sustainable environment, establish framework for near term
infrastructure investments that incrementally build to long term vision, provide path for
private investment, while leveraging limited resources. We would like to head into Phase 1
of this plan in FY23. The scope is currently being reviewed.
Employee Paid Parking Permit System ($20,000)
Continues to be a priority as our parking needs change. This could be used to help
advertise any changes to the employee parking system, potentially off-set costs to
employees for permitting or for other general implementation costs with a focus on
assisting the businesses with any changes or concerns.
Utility Infrastructure Improvements ($100,000)
For utility infrastructure improvements within the URD district. Funding could be used
towards poles, pipes, cables, wires, conduits, etc. This could be part of our formalized grant
program in FY23.
Structured Parking Site Plan, Bids ($1,250,000)
As plans for the County Courthouse site progress, we hope to move into the site plan
process. We have a preliminary estimate of $1.25 million based on the cost analysis done
on the projected top sites.
Streetscape Preliminary Engineering ($50,000)
To update and continue planning to extend the streetscape to side streets, Babcock, and
Mendenhall. This could also assist in the development of the design guidelines and
standards project for future downtown development assistance that will include
streetscape updates.
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Downtown Urban Renewal District FY2023 Budget
Category FY23 Budget
Income
Starting Cash Balance $4,263,910
Income from TIF $335,000
COB Interlocal Share $1,504,048
Entitlement Share State of Montana $58,761
Interest Income
Other Income
Total Income $6,161,719
Expenses
Operations
DBP Management Fee $203,500
Total Operations $203,500
Infrastructure Improvements
Street Furniture and Park Maintenance $25,000
Streetscape--new purchases $25,000
North Rouse Streetscape Project
FY21 Encumbered- Streetlamps (26 qty)
FY21 Encumbered- Phase 1 Construction: Conduit
FY21 Encumbered-Phase 2 Construction: Lamps
North Willson Streetscape Project $75,000
Streetscape Assistance Grant Program $50,000
Streetlamp Power Reconfiguration Project
Alley Improvements $200,000
DBIP: Bozeman Creek Improvements $10,000
DBIP: Wayfinding & Parking Signage $15,000
Life-Safety Grant Program $30,000
Fiber Infrastructure
Fiber-Broadband Infrastructure--Grants $10,000
Intersection Cable Anchor Repairs $25,000
DBA Event Stage
Parklet $50,000
Alternative Transportation Projects $50,000
Workforce Housing Project - Fire Station One $1,600,000
Total Improvements $2,165,000
Planning
City Economic Development Specialist $35,500
Technical Assistance Grants $50,000
FY20 & FY21 Encumbered Funds
Residential Incentive Program $200,000
DBIP: Transportation Planning $50,000
FY21 Encumbered- Part Two--Data, Analysis, Cost Est
DBIP: Alley Planning $50,000
DBIP: Bozeman Creek Planning $10,000
DBIP: Soroptimist Park Planning $25,000
DBIP: Code Amendments $20,000
DBIP: Design Standards $25,000
DBIP: Downtown Infrastructure & Public Realm Plan $50,000
DBIP: General Implementation $50,000
DBIP: Employee Paid Parking Permit System $20,000
DBIP: Wayfinding Plan & Parking Signage $25,000
Utility Infrastructure Improvements $100,000
Structured Parking Feasibility Analysis
Structured Parking Informal, Site Plan, Bids $1,250,000
Professional Services Term Contract $75,000
Streetscape Preliminary Engineering $50,000
Total Planning $2,085,500
Parking Structure
Garage Bond Payment $335,000
Total Parking Garage Payments $335,000
Total Expenses $4,789,000
Balance $1,372,719
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