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HomeMy WebLinkAbout04-11-23 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.Authorize Absence E.FYI F.Commission Disclosures G.Consent G.1 Accounts Payable Claims Review and Approval (Waters) G.2 Ratify the Signature of the City Manager on the The Foundation of Montana History Grant THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, April 11, 2023 This meeting will be held both in-person and also using Webex, an online videoconferencing system. You can join this meeting: Via Webex: Click the Register link, enter the required information, and click register. Click Join to enter the meeting; you will need to confirm the name and email used to register and provide the WebEx registration ID that was sent to your email. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-person United States Toll +1-650-479-3208 Access code: 2558 405 4342 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. Public comments will be accepted in-person during the appropriate agenda items. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this hybrid meeting. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 Agreement for Fred Willson Multiple Properties Project(Rosenberg) G.3 Authorize the City Manager to Certify and Submit the Adult Drug Court Discretionary Grant Application(Boundy) G.4 Authorize the City Manager to Sign a Notice of Award to Omdahl Excavation & Utilities, Inc. for the Construction of the 2022 3rd, 4th, and 5th Avenue Water Renovations Project(Johnson) G.5 Authorize the City Manager to Sign a Professional Services Agreement with Nine dot Arts for Art Consulting Services(Ziegler) G.6 Authorize the City Manager to Sign a Professional Services Agreement with Sanderson Stewart for Glen Lake Rotary Park Parking Lot Phase 1(Jadin) G.7 Authorize City Manager to sign a Professional Services Agreement with Lance, Soll & Lunghard LLC and agree to the End User Terms and quote with Vertosoft/Workiva for implementation of Workiva software to prepare the City's Budget Document, Annual Comprehensive Financial Report (ACFR) and other Financial Reports.(Hodnett) G.8 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement for Banking Services with US Bank(Hodnett) G.9 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with Western Skies to Extend the Existing Contract through June 1, 2023(Porteen) G.10 Resolution 5481, Intent to Create a Special Improvement Lighting District 779 for Norton East Ranch Phase 6(Hodnett) G.11 Resolution 5488, Setting the Annual Salary for the Municipal Judges for Fiscal Year 2023(Tozer) G.12 Ordinance 2129 Final Adoption, the 1001 Thomas Drive Annexation to Annex 15.115 acres and Adjacent Right-of-Way and Amending the City Zoning Map for the Establishment of a Zoning Designation of REMU (Residential Emphasis Mixed Use) at 1001 Thomas Drive, Application 22067(Rogers) H.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. Written comments can be located in the Public Comment Repository. I.Special Presentation 2 I.1 Help Center J.Action Items J.1 Continue the Public Hearing for the Gran Cielo II Annexation Requesting Annexation of 81.468 Acres and Amendment of the City Zoning Map for the Establishment of a Zoning Designation of R-4 (Residential High Density District) for Property Located South of West Graf Street Between South 27th Avenue and Fowler Lane, Application 22090 to May 9, 2023(Rogers) J.2 Decision on a Reconsideration of a Prior Commission Decision Regarding the Cloverleaf Zone Map Amendment Requesting Amendment of the City Zoning Map for a City Block Bounded by East Cottonwood Street, Ida Avenue, East Peach Street, and Plum Avenue Consisting of Approximately 3.1995 Acres Including the Adjacent Rights-of-way from NEHMU (Northeast Historic Mixed Use) to B-2M (Community Business District Mixed), Application 22218 Continued from March 28, 2023(Rogers) K.Work Session K.1 UDC Project - Review and Advise Regarding the Update to the Unified Development Code, Chapter 38, Bozeman Municipal Code to Address Potential Changes to Standards Relating to Levels of Service and Traffic Studies, Application 21381(Ross) L.FYI / Discussion M.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. 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. 3 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:April 11, 2023 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 claims to be presented to the City Commission within one year of the date the claims accrued. 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. 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: April 6, 2023 4 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg Anna Bentley Erin George Brian Krueger SUBJECT:Ratify the Signature of the City Manager on the The Foundation of Montana History Grant Agreement for Fred Willson Multiple Properties Project MEETING DATE:April 11, 2023 AGENDA ITEM TYPE:Grant RECOMMENDATION:NA 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 City of Bozeman applied for a grant with the Foundation for Montana History for a National Register of Historic Places Multiple Properties Submission to document buildings designed by Fred Willson. Several of Bozeman’s NR districts include Willson-designed properties, but scores throughout the city remain unlisted and/or unidentified, and many have already been lost. This documentation is necessary to identify, raise awareness, and ensure these properties remain a vital part of the community’s cultural fabric well into the future, benefitting residents and visitors alike. The Foundation awarded Bozeman $6000 to assist with this project. Nine properties have been chosen to be part of the initial submission and the property owners have been contacted and agreed to being part of the project. The City and Historic Preservation Advisory Board will provide services to match the grant. The $6000 will go towards hiring Metcalf Archeological to assist in technical components and local historian and Fred Willson expert, Richard Brown for research findings. This project will run from May 2023-June 2024. The full grant application is attached. UNRESOLVED ISSUES:NA ALTERNATIVES:NA FISCAL EFFECTS:$6000 of grant award funds incoming Attachments: 5 Fred Willson Multiple Property Submission Agreement.pdf Fred Willson Multiple Property Submission Grant Application.pdf Report compiled on: March 30, 2023 6 Sarah Rosenberg City of Bozeman Printed On: 27 March 2023 2023 The Foundation for Montana History Grant Program 1 Fred Willson Multiple Property Submission 2023 The Foundation for Montana History Grant Program City of Bozeman Ms Sarah Rosenberg 20 E. Olive Street Bozeman, MT 59715 srosenberg@bozeman.net O: 406-582-2297 Ms Sarah Rosenberg 20 E. Olive Street Bozeman, MT 59715 srosenberg@bozeman.net O: 406-582-2297 7 Sarah Rosenberg City of Bozeman Printed On: 27 March 2023 2023 The Foundation for Montana History Grant Program 2 FollowUp Form Grant Agreement Please note that if your project is overseen by a fiscal sponsor, the fiscal sponsor must electronically sign this grant agreement. To invite your fiscal sponsor to sign this agreement, click the blue "Collaborate" button in the upper right-hand corner of your screen. Project Name Fred Willson Multiple Property Submission Grant Amount Requested $10,000.00 Amount Granted If the amount granted and the amount requested are not the same, a new budget and budget narrative must be submitted for the amount granted. $6,000.00 Grant Period: Date of this signed agreement - 04/01/2023 Final Report Due: 06/30/2024 This agreement is entered into by and between the Foundation for Montana History and the Grantee listed above. By signing this agreement, you agree to the following: PURPOSE* Grantee will use the funds solely for the purpose outlined in the grant application. Grant funds will not be used for overhead, indirect, or administrative costs. All expenses will be incurred during the above noted grant period. PAYMENT* •For grants over $5,000, The Foundation will advance 75% of the grant amount to Grantee upon return of this signed agreement. The remaining installment will be released to Grantee upon acceptance of final report. •For grants $5,000 and less, the Foundation will advance 100% of the grant amount to Grantee upon return of this signed agreement. •Any funds not expended at the project’s completion will be promptly returned to the Foundation for Montana History with the final report. 8 Sarah Rosenberg City of Bozeman Printed On: 27 March 2023 2023 The Foundation for Montana History Grant Program 3 ACKNOWLEDGMENT* •Grantee will clearly designate the Foundation for Montana History as the sponsor of the project in any publication supported by the project (print or electronic), publicity related to the project, publication of the results of the project, or tangible result of project activity, such as productions, displays, signage or exhibits. •To the extent practicable, publicity and publications should include the Foundation for Montana History logo, available here. •A copy of any PR relating to the project funded with this grant will be uploaded with Grantee's final report. •Invitations to celebrations and events relating to grant projects is appreciated by the Foundation staff who attend the events whenever possible. PHOTO RELEASE* •Grantee understands and agrees that any photographs submitted will become the property of the Foundation for Montana History and may be used for but not limited to annual reports, newsletters, Facebook and Instagram posts, the Foundation's website, and press releases. •Grantee hereby irrevocably authorizes the Foundation for Montana History to copy, exhibit, publish, or distribute any submitted photos. In addition, Grantee waives the right to inspect or approve the finished product, including written or electronic copy. •Grantee waives any right to royalties or other compensation arising or related to the use of photographs. REPORTS* 1. Grantee will submit an online Final Report by June 30, 2024. 2. This report will include project photographs, including but not limited to a description of the work completed, annual reports, newsletters, Facebook, the Foundation for Montana History’s website, or press releases. Please review the Grantee Photo Guide. 3. The final report will include a scan of receipts for expenses paid with the Foundation and required matching funds. Any remaining grant installments will be released after the final report is accepted. Failure to provide these reports in a timely manner will preclude the Grantee from applying for the Foundation for Montana History grants in the future. Financial records must be kept for inspection and/or audit for a period of five years following the submission of the final report. The Foundation for Montana History or its authorized representatives may, at its discretion, inspect at any reasonable time records related to this grant or visit the project itself. If you have any questions about the grant, or if any concerns or problems arise relating to your project, email Program Director Ciara Ryan at grants@mthistory.org or call (406) 449-3770. By typing in your Name, Title, and Date in the spaces below, you confirm that you are authorized to make legal contracts for the Grantee and that you agree to enter into this agreement by electronic means. On behalf of the grantee, I accept this grant and agree that the Grantee will abide by the provisions of my grant application and this agreement. 9 Sarah Rosenberg City of Bozeman Printed On: 27 March 2023 2023 The Foundation for Montana History Grant Program 4 Full Name* Title* Date* 10 Sarah Rosenberg City of Bozeman Printed On: 27 March 2023 2023 The Foundation for Montana History Grant Program 5 File Attachment Summary Applicant File Uploads No files were uploaded 11 Sarah Rosenberg City of Bozeman Printed On: 31 March 2023 2023 The Foundation for Montana History Grant Program 1 Fred Willson Multiple Property Submission 2023 The Foundation for Montana History Grant Program City of Bozeman Ms Sarah Rosenberg 20 E. Olive Street Bozeman, MT 59715 srosenberg@bozeman.net O: 406-582-2297 Ms Sarah Rosenberg 20 E. Olive Street Bozeman, MT 59715 srosenberg@bozeman.net O: 406-582-2297 12 Sarah Rosenberg City of Bozeman Printed On: 31 March 2023 2023 The Foundation for Montana History Grant Program 2 Application Form Application Information Due Date: January 13, 2023 at 5:00 PM The Grant Portal will be closed after 5:00pm. We encourage you to review our funding criteria prior to submitting an application. Please note that organizations with an open grant from MHF (work is still ongoing and/or reports have yet to be submitted) are not eligible to apply for this grant cycle unless the final report is submitted by December 1, 2022. To discuss close out procedures-- including final reporting and final installment payout-- contact Ciara Ryan at grants@mthistory.org or (406) 449-3770. Reminder: Please make sure that your organization's 501(c)(3) status is up-to-date. If you have questions about the application, please reach out to Ciara Ryan, Program Director, at 406-449- 3770. Organization Name* City of Bozeman Organization EIN / Tax ID* 81-6001238 Project Name* Provide a short name and/or description of project. For example: Bannack State Park Apex Mill Roof Repair; Cameron Photo Collection Digitization; History in Peril Oral History Project in Sidney, MAM Helping Hands Project. Fred Willson Multiple Property Submission Project Location* Provide project address, including: street address, city, and zip code. 20 E. Olive Street, Bozeman, MT 59715 Project Location (County)* Please choose the county within which the project will take place. This is not necessarily your organization's county. If the project is taking place in more than one county, please choose the primary county. 13 Sarah Rosenberg City of Bozeman Printed On: 31 March 2023 2023 The Foundation for Montana History Grant Program 3 Gallatin Type of Project* Choose the category most applicable to project. Submit applications for planning grants, studies, surveys, assessments and education-related projects under Outreach and Project Development (including National Register of Historic Places nominations). Outreach and Project Development Project Summary* Briefly describe your project. Include: •the applicant organization •what the project is •who will do the work •who will benefit •why the project is necessary and important •how and where the work will be accomplished •when the work will be accomplished •how much the work will cost •how much grant funding is requested The City of Bozeman seeks $10,000 from MHF for a National Register of Historic Places (NR) Multiple Properties Submission (MPS) to document buildings designed by Bozeman’s most prominent and prolific architect, Fred Willson. Several of Bozeman’s NR districts include Willson-designed properties, but scores throughout the city remain unlisted and/or unidentified, and many have already been lost. This documentation is necessary to identify, raise awareness, and ensure these properties remain a vital part of the community’s cultural fabric well into the future, benefitting residents and visitors alike. Although we were not awarded a grant last year from MHF, the Historic Preservation Officer (HPO) and Historic Preservation Advisory Board (HPAB) have dedicated time and resources to this project. They received property research training and identified nine properties to be inventoried. It is expected that HPAB will organize much of the research on the properties but the City will hire Metcalf Archeological to assist with the technical components and Richard Brown for some of his research findings on Willson. To be completed by June 2024, the project will cost approximately $20,000, with $10,000 in cash and in-kind contributions. Organization/Applicant Information* Describe your organization's history, mission, purposes, goals, programs, activities, and accomplishments. Define your organization's overall target audience and what your organization's qualifications are to do the project. If you are applying under a fiscal sponsor, focus on your own organization instead of the fiscal sponsor's organization. Designated a Certified Local Government (CLG) in 1986, Bozeman embraced historic preservation as a community priority and initiated a preservation program over 35 years ago that helped establish the Neighborhood Conservation Overlay District (NCOD), created 10 NR districts, and 46 individually listed properties. The City understands that preserving historic properties creates a unique sense of place and community and we strive to provide guidance, information, and technical assistance to our residents, visitors, property owners, and community partners. Since doing the original MPS in 1987, the City has continued to recognize, document, and preserve heritage places to ensure they continue to inform and enhance the 14 Sarah Rosenberg City of Bozeman Printed On: 31 March 2023 2023 The Foundation for Montana History Grant Program 4 community well into the future. This includes dedicating resources to continuing to survey new properties and update old historic inventories. The City has used this data to help direct the program and its policies. HPAB has also created a work plan that holds them accountable to enhancing preservation efforts through education and outreach projects, events, and training. The seven members of the board are advocates for Bozeman’s history and preservation program. To ensure that the Fred Will MPS project will be met, we will work with Metcalf, Richard Brown, and the State Historic Preservation office. Project Description* Describe the problem or need. Consider including: •how the project is related to the goals and purpose of the organization •the goals of the project •how the project will benefit and engage community members •how the project addresses Montana's cultural and/or geographic diversity •experts consulted, as appropriate •the significance of your collection, artifact, building, structure, or subject •events or people associated with the history of your project •threats to the subject Over the years, scattered projects and surveys have indicated that approximately 131 Willson-designed properties still stand. While 20 of these properties are listed as contributors within the city’s historic districts, none are documented and designated for their association with the architect so the City does not have a comprehensive understanding of his legacy in the community. Preliminary inventories identified 51 more that are eligible for NR-listing, and an additional 60 to be surveyed and evaluated in which some of these are at risk of demolition and redevelopment. HPAB has identified inventorying Fred Willson properties as a priority since 2015 and it has become more vital since one of Willson’s designs, the Deaconess Hospital, has been demolished and others are under threat. The City wants to take a more proactive approach in its preservation program and is looking to reframe it this next year. The goal is to develop a local landmark program and preservation policies that incorporate intangible heritage not only for well-known histories, but for those that are not proportionally represented. However, since a MPS hasn’t been conducted since 1987, we believe that the Fred Willson MPS not only is important to do, but it can also teach staff, HPAB, and interested community members how to evaluate historic context and narratives. A MPS consists of a cover document, the Multiple Properties Documentation (MPD) form that presents historic context, property types, and evaluation standards for a group of properties that have a common thematic history. This project is a prime proponent for the National Register and utilizing the MPD can help guide us to highlight a very important figure in our community and also teach us how to continue this sort of work. Bozeman’s exponential growth has threatened much of the historic fabric of our community and some of the community has vocalized how the city has lost its sites on preservation goals. Some of this may be because the City’s preservation policies haven’t evolved with other policies risking in more demolition and losses of our historic resources. It is the hope that the Willson MPS project will bring awareness and education on the important narratives of our community and that the City is invested in these efforts. It will provide research and documentation experience for its volunteers and HPAB while also directly engaging with property owners and interested parties city-wide. The education and awareness around this project during fieldwork, public meetings, and the press will keep the community informed of the progress and discoveries while also making the case for the preservation of important places and people. The structures that Fred Willson designed tell a story of our community that is worth preserving. 15 Sarah Rosenberg City of Bozeman Printed On: 31 March 2023 2023 The Foundation for Montana History Grant Program 5 Project Methods* Describe who will perform the work and their credentials. Include the project timeline, the sequence of the work that will be accomplished, and how the work will be accomplished. In order to complete and use the MHF funds within the one-year window, the MPD inventory forms and NR nomination will be tackled concurrently. Since applying for the grant last year, HPAB and staff have dedicated time to this project such as receiving training in property and people research and selecting a list of nine properties to be inventoried. It is the hope that these nine properties will lay the foundation of the MPD, however, if an owner does not want to be part of the MPS, HPAB would select another property from the list. Preliminary discussions with some property owners have resulted in interest to be involved. The timeline is as follows: January- April 2023: Letters are sent to property owners informing them of the project and if they want to opt-in. HPAB will research properties and coordinate any logistics with property owners. May 2023: The City will enter a contract with Metcalf and Richard Brown on the project. Metcalf will assist with the nomination forms that HPAB puts together and write one National Register nomination. Richard Brown will provide any data based on his research to be included with the forms. May – August 2023: Properties will be photographed throughout the summer. Metcalf will conduct research and documentation of the NR nomination. September – December 2022: The HPO and HPAB will draft up notes and forms based on research. The City of Bozeman GIS Department will develop maps for forms. The City and Metcalf will work together on the context of both MPS and NR nominations. January 2024: The HPO and HPAB will submit draft property records to Metcalf. February 2024: HPAB will hold a public meeting to make a formal recommendation of the nomination and send drafts to SHPO for review. March 2024: The HPO and HPAB will make adjustments to forms if needed. Final edits will be sent to Metcalf. April – June 2024: Metcalf will complete forms and provide the City and SHPO with the final MPD forms and nominations by June. Project Sustainability* Describe future plans for this project after the grant work is accomplished. How will this project benefit the community after the work is accomplished? Will work continue on this project after grant period is over? If so, how, when, and why? The MPS is a multiyear effort with the goal to continue adding properties to it annually. The City dedicates funds to inventory work each year and it is expected that some of the funds will be allocated to surveying Willson properties in future years. HPAB will identify properties of Willson’s annually that should be surveyed and added to the MPS. Once the MPS is established, the project will be displayed on the City’s website providing a central location for the community to be able to access. This information will also be presented as GIS StoryMap to create an immersive story of Willson’s legacy on Bozeman. The City will not be able to nominate all of Willson’s properties on its own and will look to property owners for assistance. This effort will establish bonds between historic property owners and the City. The MPD form will be available to property owners who are interested in being part of the MPS and the City will provide a level of guidance on how to proceed with a submission. The templates used for survey work and form will be available to use by the public to expand on this project which will also educate the public on how beneficial it is to tell the story of Willson and Bozeman’s early history. 16 Sarah Rosenberg City of Bozeman Printed On: 31 March 2023 2023 The Foundation for Montana History Grant Program 6 Attachments Required Board of Directors* Attach a roster of your organization's current board members. HPAB Roster.pdf Fiscal Sponsor Board Resolution Attach a board resolution indicating that the sponsoring organization is willing to accept full responsibility for the use of the grant and subsequent reporting. This letter must be signed by the fiscal sponsor. A board resolution is required only if applicant is using a fiscal sponsor. Letter of Permission from Property Owner If property upon which project work will be conducted is not owned by the applicant organization, attach a letter of permission from the property owner. For example, if your organization is working to restore a historic cemetery on property owned by the local city, please upload a letter of permission from the city. Property Owner Letters.pdf Proposal Budget Grant Amount Requested* How much are you requesting from the Montana History Foundation? Grant amounts are between $500 and $10,000. Funding from the Montana History Foundation must be used between April 2023 and June 2024. $10,000.00 Total Project Cost* This is the total cost for the project. This includes the amount requested from MHF and all matching funds and in- kind contributions. The total project cost is the sum of all line items on the project budget template form. If this one phase of a multi-year project, please estimate your subsequent costs in the project description. $20,000.00 17 Sarah Rosenberg City of Bozeman Printed On: 31 March 2023 2023 The Foundation for Montana History Grant Program 7 Project Budget* Instructions: Please use the MHF budget template provided in the blue hyperlink below. Only this template will be accepted. Click on the blue hyperlink to download. Open budget document and SAVE to your hard drive. Please save as a .xlsx or .pdf file. If using a Mac computer, please save as a .pdf file. Once you have completed the budget, please upload below. 2023 MHF Grant Budget UPLOAD completed budget by using the "Upload a file" button below : *If you fill the budget out online, everyone who opens this link will see it, please don't forget to download it! 2023-MHF-Grant-Budget-Template.xlsx Budget Narrative* Describe, in detail, all line item expenses on your project budget template. The proposed amount requested in the MHF grant and City organizational match reflects the total cost to begin the Fred Willson MPS project. The funds from the grant will fund the research and writing of the MPD and National Register nomination. These funds will be allocated to hire Metcalf Archaeology and Richard Brown. As stated above, many of Willson’s properties have some level of documentation but are outdated. Nine properties have been identified to start the creation of the MPS. One property will be nominated to the National Register. The City and HPAB will dedicate $10,000 of services, or 400 hours, to the project. Nine properties have been chosen to be part of the initial MPS and the property owners have been contacted. Some have expressed interest in participating in the project and want to learn more at the January 18 HPAB meeting. HPAB will research and document the chosen properties and draft up the MPD document. Each individual property will be evaluated within the context of the MPD prepared by the City and HPAB. The City and HPAB will also take photos and create maps for the MPD document. Hiring Metcalf to assist in the project will cost $3000 to go towards writing a National Register Nomination. Richard Brown has an abundant amount of research and findings on Fred Willson. His fees include $360 per property for research findings. This will not exceed $3000. Contractor Fees* In your budget, are you requesting funds to pay a contractor more than $1,000? Yes Contractor Quote or Bid If you are requesting funds to pay a contractor more than $1,000, upload a quote and/or bid from the contractor. ContractorBid.pdf 18 Sarah Rosenberg City of Bozeman Printed On: 31 March 2023 2023 The Foundation for Montana History Grant Program 8 Additional Attachments Provide additional attachments as necessary, including photographs, reports, and other applicable information. If uploading photographs, please upload only one high resolution photo per upload area. Photograph 1* One photo is required. Photo Guidelines •Ensure that each photo has its own detailed caption, with date (ex. Water damage on east elevation of Matt King House, pre-restoration, February 2020.) •Submit only one photo per upload area •Avoid adding text to photos (text on historic digitized photos is ok) •For buildings and structures, photos of the overall structure AND photos that illustrate the work that needs to be done, or the problem that needs to be fixed, are encouraged. •.JPGs or .PNGs preferred IMG_6900.JPEG Photograph 2 You are encouraged to attach photographs. IMG_6901.JPEG Photograph 3 You are encouraged to attach photographs. IMG_6903.JPEG Photograph 4 You are encouraged to attach photographs. IMG_6904.JPEG Photograph 5 You are encouraged to attach photographs. Letters of Support Up to 5 letters of support may be submitted in a single, combined file by scanning and saving as a PDF. IMG_6902.JPEG 19 Sarah Rosenberg City of Bozeman Printed On: 31 March 2023 2023 The Foundation for Montana History Grant Program 9 Other informational documents Examples include: engineering reports, resumes for consultants or principal contacts if applicable, work plans, strategic plans, sample oral history questions and release forms, etc. Note: If uploading multiple documents, please combine them into one file before uploading below. If your files are too large to upload, please contact the Heritage Projects & Grants Manager at kate@mthistory.org. Selected Fred Willson Properties2.pdf Briefly describe your uploaded photographs* Houses designed by Fred Willson that are part of the first round of structures to be part of the MPS. Authorized Legal Signatory Authorized Legal Signatory* The authorized legal signatory is the Chief Elected Official of a Tribal/City/County government or the Executive Director of the Organization (or equivalent). This signatory certifies that the organization is committed to fulfilling the work outlined in the application. Jeff Mihelich Legal Signatory Title* City Manager Signatory Email* jmihelich@bozeman.net Fiscal Sponsor Information If you are applying for a grant and your organization does not have a 501(c)(3) status or is not an exempt government unit, you must have a fiscal sponsor. The following information must be provided regarding your fiscal sponsor. Fiscal Sponsor (FS) Organization Name FS Tax Identification Number (Use format xx-xxxxxxx) FS Mailing Address (Post Office Box or Street Address) 20 Sarah Rosenberg City of Bozeman Printed On: 31 March 2023 2023 The Foundation for Montana History Grant Program 10 FS City FS State FS Zip Code FS County FS Website FS Email FS Telephone Number FS Executive Director Name FS Executive Director Title FS Executive Director Email FS Executive Director Telephone FS Executive Director Cell Phone 21 Sarah Rosenberg City of Bozeman Printed On: 31 March 2023 2023 The Foundation for Montana History Grant Program 11 File Attachment Summary Applicant File Uploads • HPAB Roster.pdf • Property Owner Letters.pdf • 2023-MHF-Grant-Budget-Template.xlsx • ContractorBid.pdf • IMG_6900.JPEG • IMG_6901.JPEG • IMG_6903.JPEG • IMG_6904.JPEG • IMG_6902.JPEG • Selected Fred Willson Properties2.pdf 22 Historic Preservation Advisory Board Members Name Role Jacey Anderson At-Large Allyson Brekke At-Large Elizabeth Darrow Historic District Representative Savannah Donnelly Chair, Professional Designation Chelsea Holling Professional Designation Linda Semones Vice Chair, At-Large Michael Wiseman Architect Christopher Coburn City Commission Liaison Sarah Rosenberg Staff Liaison 23 Sarah Rosenberg From: Larry Merkel <larry@churncreek.net> Sent: Sunday, January 8, 2023 6:15 PM To: Sarah Rosenberg Cc: Sarah Rosenberg Subject: fw CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Sarah Rosenberg Hello Sarah: My name is Larry Merkel. I am writing this letter to support and encourage your effort to bring recognition to the homes that architect Fred Willson designed in Bozeman. I grew up in a home of his design on South Willson. His contribution in regard to the many buildings in our community should be a part of the historic preservation for the decades to come. The history of Bozeman and the legacy that many significant people like Mr. Willson a have left in the area need recognition. The goal of the Historic Preservation Advisory Board to preserve and recognize the designs that Fred Willson created needs the support of State funding. I support your efforts to secure funding from the state. Thank you Larry Merkel 24 1 Sarah Rosenberg From:Sam Miller <sammydm1@gmail.com> Sent:Friday, December 30, 2022 10:31 AM To:Sarah Rosenberg Subject:Willson home at 412 W. Cleveland St CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Sarah, Reviewed the letter from HPAB. Happy to have our home considered for the National Register. May be unable to attend Jan meeting, but let us know how we can help further. Sam Miller Sent from my iPad 25 1 Sarah Rosenberg From:dianeearly8@gmail.com Sent:Monday, January 9, 2023 1:02 PM To:Sarah Rosenberg; savannahapedaile@gmail.com Subject:RE: 311 S Willson Ave CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Sure. We’re happy to help in any way you’d like. We’re very interested in learning more about the house’s history as well! Just let us know what you need. -Diane From: Sarah Rosenberg <SRosenberg@BOZEMAN.NET> Sent: Monday, January 9, 2023 12:12 PM To: Diane Early <dianeearly8@gmail.com>; savannahapedaile@gmail.com Subject: RE: 311 S Willson Ave Hi Diane, It sounds like 311 S. Willson could have an affiliation with Fred Willson via a house remodel or addition. This would require some research to determine if the affiliation to Fred Willson is significant enough to be part of this project. If it’s okay with you, we would like to do a preliminary review of the residence to determine this. Cheers, ---- Sarah Rosenberg, AICP Associate Planner | Historic Preservation Officer City of Bozeman LGBTQ+ Liaison 406.582.2297 Pronouns: she/they From: Sarah Rosenberg Sent: Thursday, January 5, 2023 5:11 PM To: Diane Early <dianeearly8@gmail.com>; savannahapedaile@gmail.com Subject: RE: 311 S Willson Ave Hi Diane, Thank you for bringing this to our attention. When selecting the properties, we were searching through a large list of addresses affiliated with Fred Willson. The board member on the Historic Preservation Advisory Board that started this project has the list. I am waiting to hear from her about this property. Cheers, ---- Sarah Rosenberg, AICP Associate Planner | Historic Preservation Officer City of Bozeman LGBTQ+ Liaison 406.582.2297 26 2 Pronouns: she/they From: Diane Early <dianeearly8@gmail.com> Sent: Wednesday, January 4, 2023 7:46 PM To: savannahapedaile@gmail.com; Sarah Rosenberg <SRosenberg@BOZEMAN.NET> Subject: 311 S Willson Ave CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, My husband and I own the house at 311 S Willson Ave. We received your letter about Fred Willson project and would be thrilled to be on the national register, but we are wondering if there is an error. We had never heard before that our house was designed by Fred Willson and we believe it was built in 1890 when he was only 13. Of course it’s possible that we’re mistaken so we’re wondering what information you have about the house. Thanks for any additional information you can provide. -Diane Early 406-570-2037 City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. 27 Project Budget The Montana History Foundation 2023 Grant Application DIRECTIONS: Please enter a line item description under the appropriate budget subheading. Then, break out the expense for that line item between MHF Request, Organizational Match, and Other Sources. The total for each line item will autosum into the Subtotal per Line Item column. The totals for each budget subheading section will also autosum, as will the total requested at the bottom of this budget template. If you encounter any issues, or have questions regarding the use of this template or allowable expenses, please contact Ciara Ryan, at grants@mthistory.org or 406-449-3770. Requested from MHF Organizational Match Other Sources Subtotal per Line Item Include other grant funds, in- kind labor, and cash match Include funds provided by partner organizations Total request must be between $500-$10,000 MHF requires a 25% organization match BUDGET ITEM In-Kind Labor MHF counts volunteer labor at $25 per hour. This labor can be used as organizational match. Historic Preservation Officer & HPAB dedicated time (400 hours)$10,000 $10,000.00 $- Total $-$10,000.00 $-$10,000.00 Contractor/Consultant Labor & Services For contractor or consultant fund requests above $1,000, attach a quote or bid to the application. Metcalf services - National Register Nomination (1)$6,000 $6,000.00 Metcalf services - Multiple Property Document form assistance $1,000 $1,000.00 Richard Brown - research services $3,000 $3,000.00 Total $10,000.00 $-$-$10,000.00 TOTAL $10,000.00 $10,000.00 $-$20,000.00 The Montana History Foundation does not fund: *Operating expenses, including salaries and personnel expenses unrelated to a specific project, rent, utilities, or other maintenance costs *Entertainment, including speakers, lectures, re-enactments, or other public presentations *Sponsorship requests *Indirect Costs 28 214 S. Willson Ave., Suite B Bozeman, Montana 59715 (406) 219-3535 WeAreMetcalf.com Submitted via email January 6, 2023 Sarah Rosenberg, Associate Planner/Historic Preservation Officer Community Development Department City of Bozeman 20 East Olive St. Bozeman, MT 59715 SRosenberg@bozeman.net RE: Fred Willson MPD and new NRHP property nomination Dear Ms. Rosenberg, Metcalf Archaeological Consultants, Inc. (Metcalf), a 100 percent employee-owned company, is pleased to offer this scope and cost estimate to partner with Community Development and Bozeman’s Historic Preservation Advisory Board on the preparation of a National Register Multiple Properties Documentation Form (MPD) for a Fred Willson Historic District. As currently understood, the MPD form, including associated historic contexts and property types, will be prepared by City staff and HPAB. To support this endeavor, Metcalf’s tasks will be as follows: 1. Review the completed MPD form and provide feedback. 2. Prepare one (1) NRHP nomination for a to-be-determined Fred Willson property in Bozeman, including content, photos, and maps. This form will be included as part of the MPD submission and will be provided in electronic format following guidelines prepared by the National Park Service for NRHP nominations. Metcalf understands the project as currently defined is dependent on the award of a Montana History Foundation grant and has a not-to-exceed budget of $7,000. We have allocated approximately 14% ($1,000) of the budget to Task 1 and 60% ($6,000) to Task 2. This scope and estimate rely on the following conditions/assumptions: 1. The budget includes a reasonable amount of time for correspondence between Metcalf, Community Development, and HPAB, but attendance at meetings is excluded. 2. The nomination prepared by Metcalf is dependent on the historic and architectural contexts prepared by Community Development and HPAB. It is expected that portions of those contexts will be used in the nomination form. 3. All communication with property owners (e.g., permissions) will be handled by City staff. 4. One round of review of Metcalf’s nomination form by Community Development and HPAB, and one round of review of the MP form by Metcalf’s Architectural Historian. 29 S. Rosenberg, 1/6/2023 Page 2 Thank you very much for considering us for this project. We look forward to continuing to work with you to document the City’s historic architecture. If you have any questions or need anything more, please do not hesitate to contact me by email or phone. Sincerely, Jennifer Borresen Lee Project Manager/Principal Investigator jlee@metcalfarchaeology.com 406.219.3535 office 303.817.5875 mobile 30 Richard Brown 507 West Babcock Bozeman, MT 59715 Twodotmt2@gmail.com INVOICE January 9, 2023 Sarah Rosenberg, AICP Associate Planner | Historic Preservation Officer City of Bozeman 20 East Olive St. Bozeman, MT 59771 Dear Sarah, As requested, following is my invoice in reference to the “Fred Willson MPS and New NRHP Property Nomination:” I shall bill $360 per property for research findings, not to exceed $3000. Thank you, 31 32 33 34 35 36 List of Selected Fred Willson Properties for MPS 1. Fred Browning residence 412 W Cleveland a. Bon Ton Historic District b. Sam & Heather Miller 412 W. Cleveland Street Bozeman, MT 59715 2. Fabric Residence 612 W Story a. Cooper Park Historic District b. Horace Dodge 612 W. Story Street Bozeman, MT 59715 3. Bon Ton Bakery 42 W Main a. Main Street Historic District b. Joseph & Janet Colombo Living Trust 74 Hitching Post Road Bozeman, MT 59715 4. Bath Residence 405 W Cleveland a. Bon Ton Historic District b. Scott & Lori Lawson 405 W. Cleveland Street Bozeman, MT 59715 5. Ellen Theatre 17 W Main a. Main Street Historic District b. Montana Theaterworks Inc PO Box 28 Bozeman, MT 59771 6. Clark Apartments 616 S Grand a. Bon Ton Historic District b. #780 Pioneer Exchange c/o 124 Degrees LLC 104 Turtle Road Twin Bridges, MT 59754 7. Judge Stewart Residence 804 S Willson a. Bon Ton Historic District b. Clifford Stocks & Renee Riggan-Stocks 804 S. Willson Avenue Bozeman, MT 59715 8. Walsh Residence 311 S Willson a. Bon Ton Historic District b. Diane Early & Daniel Gigone 311 S. Willson Avenue Bozeman, MT 59715 9. Williamson Home at 1 W Garfield a. Not in a historic district 37 b. Glen & Karen Brookhart 1 W. Garfield Street Bozeman, MT 59715 38 Memorandum REPORT TO:City Commission FROM:Renee Boundy SUBJECT:Authorize the City Manager to Certify and Submit the Adult Drug Court Discretionary Grant Application MEETING DATE:April 11, 2023 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to Certify and Submit the Adult Drug Court Discretionary Grant Application. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The Bureau of Justice Assistance Adult Treatment Court Discretionary Grant (O-BJA-2023-171509) will be used to plan and implement a misdemeanor DUI Court in the Bozeman Municipal Court. This grant is very similar to the planning and implementation grant used to start the Bozeman VETS Treatment Court. This program is a collaborative effort between both city and county agencies and community stakeholders. Gallatin County Justice Court and Bozeman Municipal Court issued a combined 805 DUI citations in 2022. The evidence-based Bozeman Regional Impaired Drivers Gaining Effective Rehabilitation Services (BRIDGERS) DUI Court complements the Streets Are For Everyone (SAFE) Engagement Project with an evidence-based program that increases treatment, support, and accountability for offenders with multiple and aggravated DUI Convictions. This results in reduced recidivism which enhances public safety and reduces tax payer burden. It will also complement the work of the Gallatin County Mental Health Coalition and the strategic planning efforts of the Gallatin County Criminal Justice Coordinating Committee. The application is due on April 18th. UNRESOLVED ISSUES:Some of the required supporting documentation for the grant application including letters of support and Memorandums of Understanding with community partners need to be gathered. These will be complete by the April 18 grant deadline. ALTERNATIVES:No alternatives for starting a Misdemeanor DUI Treatment Court have been explored. FISCAL EFFECTS:The grant is for $900,00 over a four year period. The grant requires $300,000 of matching funds. The matching funds will be a combination of 39 salaries and supplies already employed by City of Bozeman staff and community partners. No additional funding will be requested from the general operating budget to meet the match requirements. Post grant the BRIDGERS DUI Court will be funded through a collaboration between all community partners. Attachments: Notice of Funding Availability.pdf Project Abstract.pdf Grant Narrative Com.pdf Project Budget Com.pdf Report compiled on: March 2, 2023 40 FY 2023 Adult Treatment Court Discretionary Grant Program Cover Page Solicitation Title: BJA FY 2023 Adult Treatment Court Site-Based Solicitation Short Title: BJA FY 23 ATC ACS Template Name: FY23 Drug Courts BJA Assistance Listing Number: 16.585 Grants.gov Opportunity Number: O-BJA-2023-171509 Solicitation Release Date: January 17, 2023 Step 1: Application Grants.gov Deadline: 8:59 p.m. eastern time on April 11, 2023 Step 2: Application JustGrants Deadline: 8:59 p.m. eastern time on April 18, 2023 Overview The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) seeks applications for funding to plan, implement, and enhance substance use treatment courts, including service coordination, management of treatment court participants, fidelity to the model, and recovery support services. This program furthers the DOJ’s mission by providing resources to state, local, and federally recognized tribal governments to support treatment court programs for individuals involved with the justice system who have substance use disorders, including stimulant, opioid, and other substances, and for those at risk of overdose. This solicitation incorporates guidance provided in the OJP Grant Application Resource Guide which provides additional information for applicants to prepare and submit applications to OJP for funding. If this solicitation expressly modifies any provision in the OJP Grant Application Resource Guide, the applicant is to follow the guidelines in this solicitation as to that provision. Solicitation Category Competition ID Category Number of Awards Dollar Amount for Award Performance Start Date Performance Duration (Months) C-BJA-2023-00008-PROD 1 9 $900,000 10/1/23 48 C-BJA-2023-00009-PROD 2 30 $1,000,000 10/1/23 48 C-BJA-2023-00010-PROD 3 3 $2,500,000 10/1/23 48 Eligibility For Category 1: Planning and Implementation and Category 2: Enhancement, the following entities are eligible to apply: State governments; Special district governments; City or township governments; County governments; Public housing authorities/Indian housing authorities; Native American tribal governments (Federally recognized) 41 2 Other: Public or private entities acting on behalf of a single treatment court through agreement with state, city, township, county, or tribal governments For Category 3: Statewide, the following entities are eligible to apply: State agencies such as the State Administering Agency, the Administrative Office of the Courts, and the State Substance Abuse Agency State criminal justice agencies and other state agencies involved with the provision of substance use and/or mental health services, or related services. BJA will consider applications under which two or more entities would carry out the federal award; however, only one entity may be the applicant. Any others must be proposed as subrecipients (subgrantees). For additional information on subawards, see the OJP Grant Application Resource Guide. An applicant entity may submit more than one application, if each application proposes a different project in response to the solicitation. Also, an entity may be proposed as a subrecipient (subgrantee) in more than one application. BJA may elect to fund applications submitted under this FY 2023 solicitation in future fiscal years, dependent on, among other considerations, the merit of the applications and the availability of appropriations. Contact Information Name: OJP Response Center Title: Technical Assistance Phone: 800-851-3420, 301-240-6310 (TTY for hearing-impaired callers only) Email: grants@ncjrs.gov Agency Contact Description For assistance with the requirements of this solicitation, contact the OJP Response Center at 800-851-3420, 301-240-6310 (TTY for hearing-impaired callers only), or grants@ncjrs.gov. TheOJP Response Center operates from 10:00 a.m. to 6:00 p.m. eastern time (ET) Monday–Friday,and 10:00 a.m. to 8:00 p.m. ET on the solicitation close date. Pre-application Information Session BJA will hold a solicitation webinar on February 15, 2023, at 2:30 p.m. ET. This presentation will provide a detailed overview of the solicitation and allow an opportunity for interested applicants to ask questions. Preregistration is required for all participants. Register by clicking on this link https://ndcrc.org/solicitations/ to locate the webinar and then follow the instructions. To use the time most efficiently, BJA encourages participants to review the solicitation and submit any questions they may have in advance and no later than February 8, 2023. Submit your questions to Gregory.Torain@usdoj.gov with the subject as “Questions for BJA FY 2023 ATC Webinar.” Submission Information Registration: Before submitting an application, all applicants must register with the System for Award Management (SAM). You must renew and validate your registration every 12 months. If 42 3 you do not renew your SAM registration, it will expire. An expired registration can delay or prevent application submission in Grants.gov and JustGrants. Registration and renewal can take up to 10 business days to complete. Submission: Applications must be submitted to DOJ electronically through a two-step process via Grants.gov and JustGrants. Step 1: The applicant must submit by the Grants.gov deadline the required Application for Federal Assistance standard form (SF-424) and a Disclosure of Lobbying Activities (SF-LLL) form when they register in Grants.gov at https://www.grants.gov/web/grants/register.html. Submit the SF-424 and SF-LLL as early as possible, but no later than 48 hours before the Grants.gov deadline. If an applicant fails to submit in Grants.gov, they will be unable to apply in JustGrants. For technical assistance with submitting the SF-424 and a SF-LLL in Grants.gov, contact the Grants.gov Customer Support Hotline at 800-518-4726, 606-545-5035, Grants.gov Customer Support, or support@grants.gov. The Grants.gov Support Hotline operates 24 hours a day, 7 days a week, except on federal holidays. Step 2: The applicant must submit the full application, including attachments, in JustGrants at JustGrants.usdoj.gov by the JustGrants application deadline. For technical assistance with submitting the full application in JustGrants, contact the JustGrants Service Desk at 833-872-5175 or JustGrants.Support@usdoj.gov. The JustGrants Service Desk operates 7 a.m. to 9 p.m. ET Monday–Friday and 9 a.m. to 5 p.m. ET on Saturday, Sunday, and Federal holidays. OJP encourages applicants to review the “How To Apply” section in the OJP Grant Application Resource Guide and the JustGrants website for more information, resources, and training. Applicants should maintain all receipts and confirmations received from SAM.gov, Grants.gov, JustGrants systems. 43 4 Program Description Overview OJP is committed to advancing work that promotes civil rights and racial equity, increases access to justice, supports crime victims and individuals impacted by the justice system, strengthens community safety and protects the public from crime and evolving threats, and builds trust between law enforcement and the community. With this solicitation, BJA seeks to provide financial and technical assistance to states, state courts, local courts, units of local government, and federally recognized Indian tribal governments to plan, implement, and enhance the operations of adult treatment courts. Adult treatment courts effectively integrate evidence-based substance use disorder treatment, mandatory drug testing, incentives and sanctions, and transitional services in judicially supervised criminal court settings that have jurisdiction over persons with substance use disorder treatment needs in order to reduce recidivism, increase access to treatment and recovery support, and prevent overdose. Samples of previous, successful applicants can be found at https://ndcrc.org/grant-writing-resources/. Statutory Authority: Public Law No. 90-351, Title I, Part EE (codified at 34 U.S.C. 10611 - 10619); Department of Justice Appropriations Act, 2023 (Public Law No. 117-328). Specific Information The purpose of the Adult Treatment Court (ATC) Discretionary Grant Program is to reduce the misuse of opioids, stimulants, and other substances by people involved in the criminal justice system. Recognizing the significant increase in overdose deaths and their public health impact, BJA also encourages applicants to focus on preventing overdose and overdose deaths. In the proposal narrative, the applicant is required to describe a plan to provide access to medication- assisted treatment (MAT) in serving individuals with substance use disorders. An ATC is an evidence-based model based on key components and best practices. Applications will be assessed in part on how well they comply with the model and other application requirements, as outlined in this section. Recent data highlighted in the Painting the Current Picture: A National Report on the Treatment Courts in the United States Highlights and Insights publication demonstrate a need to address equity and inclusion in treatment courts. In the proposal narrative, BJA requires the applicant to describe a plan to collect and examine access and retention data to identify and eliminate disparities that exist for race, color, religion, national origin, sexual orientation, gender, gender identity, or disability in admission protocols or elsewhere in the ATC program. The plan may include use of the National Association of Drug Court Professionals (NADCP) Equity and Inclusion Assessment Toolkit (https://www.ndci.org/wp-content/uploads/2019/02/Equity-and- Inclusion-Toolkit.pdf) or incorporate the American University Racial and Ethnic Disparities (RED) Program Assessment Tool (RED Program Assessment Tool (redtool.org)). Note: The applicant must demonstrate that eligible participants promptly enter the treatment court program following a determination of their eligibility. BJA will not award an applicant whose treatment court requires an initial period of incarceration unless the period of incarceration is 44 5 mandated by statute for the offense in question. In such instances, the applicant must demonstrate that the person receives evidence-based withdrawal and treatment services, if available, while incarcerated and will begin treatment services immediately upon release consistent with guidance reflected in the BJA and National Institute of Corrections (NICs) forthcoming Guidelines for Managing Substance Withdrawal in Jail. Eligible Adult Treatment Court Types Adult drug courts (ADCs), driving while intoxicated (DWI)/driving under the influence (DUI) courts, co-occurring courts (participants diagnosed with both substance use and mental health disorders), and tribal healing to wellness courts (THWCs) are eligible. Applicants should refer to their relevant local statutes for definitions of the legal age of an “adult.” In addition, where relevant, the proposed program design must function in accordance with the requirements of the court model’s key components as discussed below. The Key Components BJA provides applicants the flexibility to identify the most appropriate court type on which to base their treatment court in order to accommodate the needs and available resources of their jurisdiction, so long as the chosen type conforms to NADCP’s 10 key components for drug courts. These components are described in the BJA and NADCP publication, Defining Drug Courts: The Key Components, available at: https://www.ojp.gov/pdffiles1/bja/205621.pdf. THWCs are described at: https://www.ncjrs.gov/pdffiles1/bja/188154.pdf DWI courts are described at: https://www.dwicourts.org/wp- content/uploads/Guiding_Principles_of_DWI_Court_0.pdf Best Practice Standards NADCP has identified 10 best practice standards for ATCs, which represent the most current evidence-based principles and practices. BJA strongly encourages applicants—particularly those proposing to enhance existing treatment courts—to design their proposed programs with the intention of moving toward fully incorporating them. For more information on NADCP’s 10 Best Practice Standards, volumes I and II, visit: https://www.ndci.org/standards. These standards represent a cumulative body of the most current evidence-based practices available to treatment courts. Medication-assisted treatment The use of FDA-approved medications to treat substance use disorders , in combination with counseling and behavioral therapies, is an effective, evidence-based treatment for substance use disorders (SUDs), including opioid use disorder. When ATC participants are diagnosed with an SUD, BJA requires grantees, where possible, to make all forms of FDA-approved medications to treat substance use disorder available to the participants under the care and prescription of a physician. BJA will offer technical assistance to grantees to build or expand their capacity to provide access to medication-assisted treatment (MAT). For more information regarding BJA’s provisions on MAT, visit: https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/adc-faq-medication-assisted- treatment.pdf. Note: 45 6 Initially declared a public health emergency in October 2017, the opioid crisis remains a significant public health emergency. This crisis continues to take a devastating toll on the lives of individuals, families, and communities across the nation. In recent years, the increase in synthetic opioids in the nation’s drug supply has only served to exacerbate and expand the reach of this devastation with over 100,000 drug overdose deaths in 2021, an increase of almost 15 percent from the prior year. Centers for Disease Control and Prevention data also show that overdose deaths disproportionately impact Black and American Indian/Alaska Native people. To combat the morbidity and mortality of overdose and the chronic disease of opioid use disorder (OUD), it is critical that individuals with OUD have access to evidence-based, FDA- approved treatments. The Biden–Harris Administration has made addressing the overdose epidemic a priority, including increasing access to evidence-based treatment—namely, medications for opioid use disorder (MOUD) —across all settings. In April 2022, the Department of Justice’s Civil Rights Division published guidance further clarifying protections under the Americans with Disabilities Act (ADA) for individuals with OUD, including potential violations of the ADA by facilities or programs that do not allow individuals to be able to continue taking doctor-prescribed MOUD. Recent agreements with state and county correctional facilities resolved allegations that the entities’ refusal to permit the use of and provide MOUD violates the ADA. Similarly, a DOJ findings report regarding suicides and failure to provide MOUD in a county jail also helps to illustrate specific instances that were considered to violate the 8th and 14th Amendment rights of institutionalized persons. Both the guidance and enforcement matters reflect the federal government’s position that a correctional facility’s refusal to permit incarcerated individuals to continue or initiate treatment for opioid use disorders when clinically needed may violate the ADA, the Constitution, or both. This information is intended to educate and inform you and your partners in considering your application to this solicitation; ways that this and other funding opportunities could help to further enhance your capacity to identify, screen, and assess individuals that may have substance use disorder treatment and recovery support needs; and your work generally in support of the treatment and long-term recovery of individuals with substance use disorder. Note: Applicants are strongly encouraged to use BJA funds to provide overdose education, make take-home naloxone available to treatment court participants, and provide access to other harm-reduction strategies consistent with the ATC model. Controlled Substance Act Award recipients are prohibited from using federal funds to support programs or activities that violate the Controlled Substances Act, 21 U.S.C. § 801, et seq, regardless of local or state practices or laws. Programs or activities funded under a BJA ATC award must ensure that participants are tested periodically for the use of controlled substances, including medical marijuana. See: 34 U.S.C. § 10611, et seq. Violent Offender Prohibition Under the Adult Drug Court Discretionary Grant Program authorization, BJA funds may not be used to serve persons who are “violent offenders.” See: 34 U.S.C. § 10613. This prohibition 46 7 applies to programs or activities funded by the BJA award, including match funds contributed by the grantees. A violent offender is a person who is presently charged with or previously convicted of an offense that is punishable by a term of imprisonment exceeding 1 year and which involves: Carrying, possessing, or using a firearm or dangerous weapon The death of or serious bodily injury to any person Use of force against the person of another Note: Not included in the violent offender definition is a person whose charges are dropped or reduced to a nonviolent offense or charge, a conviction punishable by less than 1 year in incarceration, and/or a prior felony arrest even if the offense involved the threat or use of force or illegal use, possession, or carrying of a firearm or dangerous weapon. Note: Grantees may use, and are encouraged to use, other funds for their treatment court programs and serve these participants using those other funds. Grantees must be able to track these expenditures to ensure the separation of funds. Documentation must be maintained to show to an auditor if necessary. National Drug Court Resource Center (NDCRC) NDCRC is a BJA-funded resource for the treatment court field that serves as a clearinghouse for treatment court training, technical assistance, publications, funding resources, and other practitioner-specific resources. Applicants are encouraged to visit: https://ndcrc.org/solicitations/ for useful information regarding this solicitation. The FY 2023 ATC Discretionary Grant Program solicitation offers the following three grant categories: CATEGORY 1 PLANNING AND IMPLEMENTATION: Competition ID: C-BJA-2023-00008- PROD Planning and Implementation grants are available to eligible jurisdictions ready to commit to a 6- month planning phase followed by an implementation phase for an evidence-based adult treatment court. The ATC must have core capacity to provide critical treatment services, case management and coordination, judicial supervision, sanctions and incentive services, and other key services such as transitional housing, relapse prevention, employment, and peer recovery support to reduce recidivism. Note: The 6-month planning phase requires grantees to participate in the BJA-sponsored, free foundational training for adult drug courts, if they did not receive it in the past 12 months. This foundational training provides court teams with the skills necessary to build a program that integrates court and treatment functions and adheres to best practice standards. See: https://www.ndci.org/resource/training/foundational-training/ for details. CATEGORY 2 ENHANCEMENT: Competition ID: C-BJA-2023-00009-PROD Enhancement grants are available to eligible jurisdictions with an operational adult treatment court. Funding may be used to assist a jurisdiction to scale up its existing court program’s capacity; provide access to or enhance treatment capacity or other critical support services; enhance court operations; expand or enhance court services; build or enhance collection and 47 8 use of key drug operation and outcome data; or improve the quality and/or intensity of services based on needs assessments. Note: It is recommended that an eligible entity (i.e., unit of local government or county) applying to Category 1 or Category 2 on behalf of an adult treatment court attach a fiscal agent memorandum of understanding (MOU). See Additional Application Components in the Proposal Narrative discussion. CATEGORY 3 STATEWIDE: Competition ID: C-BJA-2023-00010-PROD State applicants may apply for funding to improve, enhance, or expand adult treatment court services statewide. Statewide activities may include: Scaling up an ATC program’s capacity. Helping a local/rural jurisdiction to launch a new ATC as a grant subrecipient. Expanding treatment and services. Conducting an audit of the practice and the technical assistance for adherence to the key components and best practices. Data collection and analysis to assess the practice and track recidivism and participant outcomes. Delivering training and technical assistance (TTA). Supporting a treatment court alumni network and/or peer recovery programs to serve treatment court participants. Supporting the staff needed to expand services statewide. Note: For applicants seeking to launch a new adult treatment court and/or scale up an existing one, this program includes a subaward component, whereby the subrecipient is required to comply with all federal subaward requirements as described in 31 U.S.C. § 7502 and in Title 2 C.F.R. § 200 (including, but not limited to, the sections on "Subrecipient Monitoring and Management" contained in Subpart D and audit requirements applicable to subrecipients contained in Subpart F) and the OJP Financial Guide. Note: Applicants may request funds to support a veterans treatment court (VTC) docket and veteran-related services in all three categories of this ATC solicitation; however, funding to specifically plan, implement, and enhance a VTC is available under the BJA Veterans Treatment Court Discretionary Grant program. For more information, please visit: Veterans Treatment Court Grant Program | Overview | Bureau of Justice Assistance (ojp.gov). Goals, Objectives, Deliverables Goals To provide adult treatment courts and professionals in the criminal justice system with the resources needed to plan, implement, enhance, and sustain evidence-based treatment court programs for individuals with nonviolent charges and convictions as specified above with substance use disorders who are involved in the criminal justice system. 48 9 To accomplish this goal, BJA recognizes that sites may need assistance to evaluate their needs, identify the target population, ensure equity and inclusion in programming, track program implementation, and to map critical resources in the community. To that end, BJA encourages the exploration of partnerships with research experts to facilitate these evaluation and assessment activities. Objectives An applicant should address all the objectives listed below in the Goals, Objectives, Deliverables, and Timeline web-based form. Ensure treatment court practitioners have the tools to effectively provide judicial and community supervision, mandatory and random drug testing, substance use and mental health disorder treatment, and appropriate incentives and sanctions. Utilize evidence-based practices and principles that incorporate NADCP’s 10 Best Practice Standards and other relevant research. Build and maximize capacity to ensure all potential participants are identified and assessed for risk and need using a validated risk and clinical assessment tool to determine their eligibility. Ensure that all individuals eligible for the treatment court program have equivalent access as measured by the collection and examination of program data. Enhance the provision of recovery support services, including transitional recovery housing assistance and peer and family support, to support ongoing recovery. Ensure treatment court participants have access to all types of FDA-approved medications to treatment substance use disorders, and include training on overdose prevention. Enhance collaboration between states and local and/or tribal jurisdictions to support the operations and enhancements of adult treatment court activities. Deliverables Category 1: Document that the grantee has planned and implemented a new ATC program that adheres to the requirements of this solicitation, including NADCP’s 10 Best Practice Standards and consistent with NADCP’s 10 key components for drug courts. Category 2: Document that the grantee has enhanced and/or expanded the operations of the ATC, consistent with the requirements of this solicitation, including NADCP’s 10 Best Practice Standards and 10 key components for drug courts. Category 3: Document that the grantee has enhanced and/or expanded the state’s capacity to coordinate activities and increase services that support the needs of ATCs in the state, consistent with the requirements of this solicitation, including NADCP’s 10 Best Practice Standards and 10 key components for drug courts. The goals, objectives, and deliverables are directly related to the performance measures that show the completed work’s results, as discussed in the “Application and Submission Information” section. 49 10 Often applicants want to know if their proposals meet the ATC Discretionary Grant Program’s goals, objectives, and deliverables. Please note that BJA is open to a wide variety of approaches, so there is no one answer, and BJA supports innovative endeavors that eventually can stand on their own after federal assistance ends. Evidence-Based Programs or Practices OJP strongly encourages the use of data and evidence in policymaking and program development for criminal justice, juvenile justice, and crime victim services. For additional information and resources on evidence-based programs or practices, see the OJP Grant Application Resource Guide. Information Regarding Potential Evaluation of Programs and Activities OJP may conduct or support an evaluation of the projects and activities funded under this solicitation. For additional information and applicable documentation to be included in the application, see the OJP Grant Application Resource Guide section entitled “Information Regarding Potential Evaluation of Programs and Activities.” Priority Areas The Department of Justice is committed to advancing work that promotes civil rights and racial equity, increases access to justice, supports crime victims and individuals impacted by the justice system, strengthens community safety and protects the public from crime and evolving threats, and builds trust between law enforcement and the community. 1. Priority Considerations Supporting Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government In support of this Executive Order, OJP will provide priority consideration when making award decisions to the following: A. Applications that propose project(s) that are designed to promote racial equity and the removal of barriers to access and opportunity for communities that have been historically underserved, marginalized, and adversely affected by inequality. To receive this consideration, the applicant must describe how the proposed project(s) will address potential racial inequities and contribute to greater access to services and opportunities for communities that have been historically underserved, marginalized, and adversely affected by inequality, and identify how the project design and implementation will specifically incorporate the input or participation of those communities and populations disproportionately impacted by crime, violence, and the criminal justice system overall. Examples addressing this requirement include, but are not limited to, the following: budgeted project planning and/or implementation meetings with community stakeholders representing historically underserved and marginalized communities; outreach and/or public awareness campaigns specifically tailored to historically underserved and marginalized communities to encourage participation in the proposed project(s); budgeted incorporation of members representing historically underserved and marginalized communities in program evaluation, surveys, or other means of project feedback; and partnership with organizations that primarily serve communities that have been historically underserved, marginalized, and adversely affected by inequality. 50 11 B. Applicants that demonstrate that their capabilities and competencies for implementing their proposed project(s) are enhanced because they (or at least one proposed subrecipient that will receive at least 40% of the requested award funding, as demonstrated in the Budget Web-Based Form) identify as a culturally specific organization. To receive this additional priority consideration, applicants must describe how being a culturally specific organization (or funding the culturally specific subrecipient organization(s)) will enhance their ability to implement the proposed project(s) and should also specify which populations are intended or expected to be served or to have their needs addressed under the proposed project(s). Culturally specific organizations are defined for the purposes of this solicitation as private nonprofit or tribal organizations whose primary purpose as a whole is to provide culturally specific services to racial and ethnic groups, including, among others, Black people, Hispanic and Latino people, Native American and other Indigenous peoples of North America (including Alaska Native, Eskimo, and Aleut), Asian Americans, Native Hawaiians, and/or Pacific Islanders. Note: Addressing these priority areas is one of many factors that OJP considers in making funding decisions. Receiving priority consideration for one or more priority areas does not guarantee an award. Federal Award Information Awards, Amounts and Durations Anticipated Number of Awards: 42 Anticipated Maximum Dollar Amount of Awards: $2,500,000 Period of Performance Start Date: 10/1/2023 12:00 AM ET Period of Performance Duration (Months): 48 Anticipated Total Amount to be Awarded Under Solicitation: $45,600,000 Continuation Funding Intent BJA may, in certain cases, provide additional funding in future years to awards made under this solicitation through continuation awards. OJP will consider, among other factors, OJP’s strategic priorities, a recipient’s overall management of the award, and the award-funded work’s progress, when making continuation award decisions. Availability of Funds This solicitation, and awards under this solicitation, are subject to the availability of appropriated funds and to any modifications or additional requirements that may be imposed by the agency or by law. In addition, nothing in this solicitation is intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Type of Award BJA expects to make awards under this solicitation as grants. See the “Administrative, National Policy, and Other Legal Requirements” section of the OJP Grant Application Resource Guide for a brief discussion of important statutes, regulations, and award conditions that apply to many (or in some cases, all) OJP grants. 51 12 Financial Management and System Controls Award recipients and subrecipients (including recipients or subrecipients that are pass-through entities) must, as described in the Part 200 Uniform Requirements as set out at 2 C.F.R. 200.303, comply with standards for financial and program management. See the OJP Grant Application Resource Guide for additional information. Budget Information The budget must explicitly describe how the proposed budget items directly apply to the program design and how they will assist the applicant in meeting the program objectives. In addition to unallowable costs identified in the DOJ Grants Financial Guide, award funds may not be used for the following: Prizes, rewards, entertainment, trinkets, or any other monetary incentives Client stipends Gift cards Vehicle purchases Food and beverages Applicants should estimate the costs of travel and accommodations for up to three (Categories 1 and 2) or eight (Category 3) team members to attend up to two conferences and/or trainings each year. The applicant may select and include in the application the trainings and/or conferences, although BJA will approve their selections after the award is made. Note that BJA can also make recommendations on relevant training events and conferences. All expenses must be reasonable, allowable, and necessary to the project. The estimates must provide a breakdown of all costs and adhere to the federal per diem. For federal per diem rates, see: https://www.gsa.gov/travel/plan-book/per-diem-rates. The applicant should identify within their budget which items, services, etc., will/would be covered by matching sources and explain what type of match will be provided. See below for details. The use of BJA grant funds for unmanned aircraft systems (UAS), including unmanned aircraft vehicles (UAV) and/or any accompanying accessories to support UAS or UAV devices/systems, is unallowable. Cost Sharing or Matching Requirement This solicitation requires a 25 percent cash or in-kind match based on the total project’s cost. Federal funds awarded under this solicitation may not cover more than 75 percent of the total costs of the project being funded. An applicant must identify the source of the 25 percent non-federal portion of the total project costs and how they will use match funds. If an award recipient’s proposed match exceeds the required match amount, and OJP approves the budget, the total match amount in the approved budget becomes mandatory and subject to audit. (“Match” funds may be used only for purposes that would be allowable for the federal funds.) Recipients must satisfy this match requirement with cash or in-kind match. 52 13 How to Calculate Match Formula Step 1 Federal ÷ % of Federal Share = Total Request Project Cost Amount Step 2 Total - Federal Request = Minimum Required Project Cost Amount Match Example Match Requirement – 75/25 (Federal Request/Non-Federal Share)) Federal Request Amount = $850,000 Step 1 $850,000 ÷ 75% Federal Share = $1,133,334 (rounded up) Step 2 $1,113,334 - $850,000 = $283,334 (total minimum match required) See the OJP Grant Application Resource Guide for additional information on this match requirement. For step-by-step instructions for entering match amounts in the budget, see the Budget Summary Match Guide. Pre-agreement Costs (also known as Pre-award Costs) See the OJP Grant Application Resource Guide for information on pre-agreement costs (also known as pre-award costs). Limitation on Use of Award Funds for Employee Compensation; Waiver See the OJP Grant Application Resource Guide for information on the Limitation on Use of Award Funds for Employee Compensation; Waiver. Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs See the OJP Grant Application Resource Guide for information on Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs. Costs Associated with Language Assistance (if applicable) See the OJP Grant Application Resource Guide for information on Costs Associated with Language Assistance. Costs Associated with Recovery Support Services (if applicable) Applicants are encouraged to provide recovery support services, which include transitional or recovery housing and peer recovery support services to encourage and support enrollment of new participants and to support the stabilization of active participants in their treatment court programs. Applicants may use up to 40 percent of the total budget for these services and are encouraged to consider strategies to ensure access to FDA-approved MAT, consistent housing, and peer and family support to include childcare. For more information on recovery support 53 14 services, visit: https://ndcrc.org/wp- content/uploads/2022/01/Examples_and_Definitions_of_Recovery_Support_Services.pdf. For guidance on recovery housing, please see the U.S. Department of Housing and Urban Development’s Policy Brief. Per the Substance Abuse and Mental Health Services Administration, transitional housing typically involves a temporary residence for up to 24 months with wraparound services to help people stabilize their lives. Transportation services may also be included in the budget. These services may be provided to individuals who are engaged with the courts and have community corrections appointments or treatment- and/or recovery support-related appointments and activities or require other necessary services to support their treatment and recovery but have no means of obtaining transportation to them. Forms of transportation services may include public transportation, ride services, or a licensed and insured driver who is affiliated with an eligible program provider. If such costs are included, the applicant must certify that they are nonredeemable, nontransferable, and that their use by participants is auditable. The applicant must have written policies for determining eligibility, tracking distribution, and ensuring that passes are only used for transportation related to the program’s activities. Eligibility Information For eligibility information, see the solicitation cover page. For information on cost sharing or match requirements, see the “Federal Award Information” section. For the purposes of this solicitation, “state” means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Notice regarding law enforcement agencies: State, local, and university or college law enforcement agencies must be certified by an approved independent credentialing body or have started the certification process to be eligible for FY 2023 DOJ discretionary grant funding. To become certified, the law enforcement agency must meet two mandatory conditions: (1) the agency’s use-of-force policies adhere to all applicable federal, state, and local laws, and (2) the agency’s use-of-force policies prohibit chokeholds except in situations where use of deadly force is allowed by law. The certification requirement also applies to law enforcement agencies receiving DOJ discretionary grant funding through a subaward. For detailed information on this certification requirement, please visit https://cops.usdoj.gov/SafePolicingEO to access the Standards for Certification on Safe Policing for Safe Communities, the Implementation Fact Sheet, and the List of Designated Independent Credentialing Bodies. All recipients and subrecipients (including any for-profit organization) must forgo any profit or management fee. Application and Submission Information Content of Application Submission and Available Surveys 54 15 The following application elements must be included in the application to meet the basic minimum requirements to advance to peer review and receive consideration for funding: Proposal Abstract Proposal Narrative Budget Web-Based Form (The web-based form includes the budget details and the budget narrative.) Timeline web-based form If OJP determines that an application does not include these elements, it will neither proceed to peer review, nor receive further consideration. Information to Complete the Application for Federal Assistance (SF-424) in Grants.gov The SF-424 must be submitted in Grants.gov. It is a required standard form used as a cover sheet for submission of pre-applications, applications, and related information. See the OJP Grant Application Resource Guide for additional information on completing the SF-424. In Section 8F of the SF-424, please include the name and contact information of the individual who will complete the application in JustGrants. JustGrants will use this information (email address) to assign the application to this user in JustGrants. Intergovernmental Review: This solicitation (“funding opportunity”) is not subject to Executive Order (E.O.) 12372. In completing the SF-424, an applicant is to answer question 19 by selecting “Program is not covered by E.O. 12372.” Standard Applicant Information (JustGrants SF-424 and General Agency Information) The “Standard Applicant Information” section of the JustGrants application is pre-populated with the SF-424 data submitted in Grants.gov. The applicant will need to review the Standard Applicant Information in JustGrants and make edits as needed. Within this section, the applicant will need to add ZIP codes for areas affected by the project; confirm their Authorized Representative; and verify and confirm the organization’s unique entity identifier, legal name, and address. Proposal Abstract A Proposal Abstract (no more than 400 words) summarizing the proposed project—including its purpose, primary activities, expected outcomes, the service area, intended beneficiaries, and subrecipients (if known) — must be completed in the JustGrants web-based form. This abstract should be in paragraph form without bullets or tables, written in the third person, and exclude personally identifiable information. Abstracts will be made publicly available on the OJP and USASpending.gov websites if the project is awarded. See the OJP Grant Application Resource Guide for an example of a proposal abstract. They must also clearly describe the following for each court: Category of funding requested: Category 1: Planning and Implementation, Category 2: Enhancement, Category 3: Statewide If the applicant is seeking priority consideration, the applicant must provide the following information: For which priority consideration are they applying—1(A) or 1(B)? 55 16 Note on what pages in the proposal narrative the applicant provides documentation of their plan to respond to the priority consideration. For applicants seeking priority consideration 1(B), note the subrecipient that is proposed to receive the funding and the amount of funds proposed. Whether the court is pre-or post-adjudication. Type of adult treatment court(s) for which funds are requested: ADC, Co-occurring, DWI/DUI court, or THWC. If requesting to fund activities for any of the four court types in combination with a VTC docket or to include veteran-related services, please include the amount of funding requested for the ADC and the VTC (e.g., ADC: $500,000 and VTC: $400,000). State the name, location, and address where the proposed treatment court program is or will be operating. State the total federal amount requested for the duration of the grant period (48 months). This total amount should be the same amount listed on the SF-424 form and in the required budget attachment. (Note: The total amount of federal funds being requested should not exceed the category’s grant maximum.) State the total number of participants proposed to receive services with these grant funds over the life of the grant. Identify the minimum, maximum, and average length of program participation. Briefly describe the target population and affirm whether the jurisdiction has access to all types of MAT services. Indicate which of the NADCP's 10 Best Practice Standards will be addressed and indicate the page numbers where each item is discussed in the proposal narrative. Indicate whether the applicant’s jurisdiction is leveraging any other federal funding sources (e.g., Second Chance Act, Comprehensive Opioid, Stimulant and Other Substance Abuse Program, Coordinated Tribal Assistance Solicitation, Justice Reinvestment, or Justice Assistance Grant Program) to support the treatment court. Indicate whether the applicant’s jurisdiction has an active treatment court grant with BJA, the Substance Abuse and Mental Health Services Administration or the Office of Juvenile Justice and Delinquency Prevention (include the grant number). Proposal Narrative, Budget and Associated Documentation and MOUs Proposal Narrative The Proposal Narrative should be submitted as an attachment in JustGrants. The attached document should be double-spaced, using a standard 12-point font; have no less than 1-inch margins; and should not exceed 20 numbered pages. If the Proposal Narrative fails to comply with these length restrictions, BJA may consider such noncompliance in peer review and in final award decision. The applicant may include tables, charts, and graphs as part of the proposal 56 17 narrative, but they must be in a legible font no smaller than 12-point. These items will count toward the page limit unless included as a separate attachment. The Proposal Narrative must include the following sections: a. Description of the Issue Within this section, the applicant should explain their inability to fund the program adequately without federal assistance. For each category, the applicant must provide verified sources for the data that support the description of the issue (i.e., U.S. Census or other federal, state, and local databases). Category 1: Planning and Implementation Applicants Describe the nature and scope of SUDs for individuals in the jurisdiction, including criminal justice contacts. Include data on race, ethnicity, age, gender, arrest volume (i.e., specifics of the general arrestee population, including the percentage screened for treatment court and what percentage of those are admitted into treatment court), and crime patterns for adult defendants. Explain the problems with the current court’s response to cases involving SUDs; identify how and to what extent the proposed program will address the current arrest volume; and describe how the current number of treatment slots meets the needs of anticipated referrals. Describe current resources and gaps to address the needs of persons to be served. Describe the proposed target population, including the criminogenic risk levels (high, medium, low), SUD treatment and recovery needs, and the average jail or prison sentence that potential participants face, if any. Provide the target number of people for whom services will be provided under this program during the grant period (48 months). Describe how the applicant will prioritize court resources and services for individuals with high criminogenic risk and treatment needs, including persons with repeat criminal justice involvement and substance use disorders. Describe any current planning or coordination with related projects that shows the jurisdiction is preparing to plan and implement an adult treatment court. Category 2: Enhancement Applicants Describe the immediate issues that the enhancement grant seeks to address. The applicant is encouraged to include in its proposal how they will use funding to incorporate the evidence-based program principles included in NADCP’s 10 Best Practice Standards, and to specify which standard(s) will be addressed and how the standard(s) will be implemented. Describe the current operation of the adult treatment court, addressing: Referral, screening, and assessment process Eligibility requirements 57 18 Target population Current capacity Length and phases of the program Case management process Community supervision Recovery support services delivery plan, including vocational and/or educational, transitional housing, and peer recovery services Family support services Strategies to prevent and respond to risk for overdose Judicial supervision Process for randomized drug testing Incentives and sanctions Graduation requirements and expulsion criteria (include which treatment court members are present when it is decided and communicated that a participant is terminated from the program) Restitution costs and all fees required for program participation Describe the mechanism that prioritizes court resources and services for individuals with high criminogenic risk and treatment needs, including persons with repeat criminal justice involvement and substance use disorders. Indicate whether the treatment court team to be funded has received training on the treatment court model. Describe current efforts and planning that document the jurisdiction is ready to enhance its adult treatment court. Identify the treatment service(s) and/or practice(s) available for participants, including access to MAT, and how those services are currently monitored or will be monitored for quality and effectiveness. Confirm that access to all types of MAT will be provided. Discuss the evidence that shows the substance use and other treatment service(s) and/or practice(s) are evidence-based and effective with the target population. If the evidence is limited or nonexistent for the target population, provide other information to support the intervention selection. Provide local data and any evaluation findings that demonstrate the program’s impact with regard to participant recidivism and functional outcomes. 58 19 Category 3: Statewide Applicants Describe the state’s current role and strategy to support existing and build new adult treatment courts or other problem-solving approaches in courts. Describe the extent to which the state and these courts meet the needs of the eligible population, if they are operating at capacity, and the nonbudgetary reasons if they are not operating at capacity. Describe the issue or need. Provide information about the extent to which the proposed enhancement incorporates evidence-based treatment practices and/or services. Address access to treatment options including MAT, reducing risk for overdose and overdose fatalities, and supporting the provision of coordinated recovery support services such as transitional housing, peer support, and family related services. Describe how the project proposes to enhance the potential for the long term success of participants and graduates, including building positive supports for those in recovery in the programs. Describe how the applicant seeks to enhance the capacity of treatment courts to use data and research, implement with fidelity to the ATC model, best practice standards, 10 key components, and track program outcomes. Provide state data and any evaluation findings that demonstrate the state treatment court program’s impact on the community and individuals involved in the criminal justice system. Describe the gaps the applicant seeks to address with grant funding, particularly those that impact the collection of key program, recidivism, and treatment-related outcomes data to assess the efficacy of the adult treatment courts. Describe other enhancements being proposed to support ATCs in the state. Describe areas where the state needs to enhance the capacity of treatment courts and practitioners statewide. Needs may be different based on the geographical location of the treatment court program (i.e., urban, suburban, or rural). If planning to implement or enhance TTA statewide, provide the target number of treatment courts for which TTA services will be provided. BJA will measure the grantee against this target number. Include the data source used to determine the target number. For applicants seeking to help local or rural jurisdictions to launch a new adult treatment court and/or scale up an existing one: Describe the nature and scope of SUDs in the jurisdictions to be targeted. Include data on race, ethnicity, age, gender, arrest volume (i.e., specifics of the general arrestee population, including the percentage screened for treatment court and what percentage of those are admitted into treatment court), and crime patterns for adult defendants. Explain the problems with the local jurisdiction’s current response to cases involving SUDs. Identify how and to what extent the proposed program will address the current 59 20 arrest volume. Describe how the current number of treatment slots meets the needs of anticipated referrals. Explain what other challenges these jurisdictions face, including overdose and overdose fatalities, co-occurring mental health challenges, and other public health and homelessness challenges. Describe the proposed target population, including criminogenic risk levels (high, medium, low), substance use disorder treatment needs, and the average jail or prison sentence that potential participants face, if any. Provide the target number of people for whom services will be provided under this program during the grant award period (48 months). Describe current efforts that document the jurisdiction is ready to plan and implement an adult treatment court. Indicate whether the treatment court team to be funded has received training on the treatment court model. Document the commitment of the state and its local jurisdictions to prioritize court resources and services for individuals with high criminogenic risk and treatment needs, including persons with repeat criminal justice involvement and substance use disorders. Describe how the applicant will map and develop more resources to support the program and how those services would be monitored for quality and effectiveness. Provide local data and describe how the applicant will assess and use any evaluation findings that demonstrate the program’s impact with regard to participant recidivism and functional outcomes. Describe gaps and/or the locations that have more significant needs or limited capacity and services. b. Project Design and Implementation For this section, the applicant should address the following items and then address the specific category requirements below. If the applicant is seeking priority consideration for Priority 1(A), it should address in this section how the proposed project(s) will promote racial equity and the removal of barriers to access and opportunity for communities that have been historically underserved, marginalized, and adversely affected by inequality, and identify how the project design and implementation will specifically incorporate the input or participation of these communities. Demonstrate that the treatment court programs for which funds are being sought will not deny any eligible participant access to the program because of their use of FDA-approved medications for the treatment of a substance use disorder as discussed under “Medication-assisted treatment.” Describe the plan to provide treatment and services to address substance use disorders and co-occurring SUD and mental health disorder needs. This should include how participant treatment will be funded and the range of treatment modalities that will be provided. 60 21 Describe how the treatment provider(s) will be selected and address how the treatment court will monitor the provider(s). This monitoring should ensure the treatment is effective. Describe the evidence base for the substance use and other treatment intervention(s) to be used and how responsive they are to the needs of the target population. Describe which, if any, evidence-based principles and practices included in NADCP’s 10 Best Practice Standards will be implemented as discussed under “Best Practices Standards.” Describe how the treatment court will identify, assess, and prioritize participation and services for high risk/high needs persons. Identify the validated assessment tool that will be used and provide information on why it was selected. Discuss the applicant’s commitment to admit and provide evidence-based interventions to participants with opioid, stimulant, and other substance use disorders, including strategies for early assessment and entry into treatment to prevent overdose. Describe the strategies that will be used during this phase to assess for the risk of overdose, the need for critical access to treatment services, and how to prevent overdose. Demonstrate that eligible treatment court participants promptly enter the treatment court program following a determination of their eligibility. The applicant must also explain that people receive treatment services while incarcerated, if available, and will begin treatment services immediately upon release. Describe a plan that demonstrates how all individuals eligible for the treatment court program will have equivalent access to the program. This should include protocols for collecting and examining access and retention data. The ATC Discretionary Grant Program’s authorizing statute requires participants to pay for treatment and restitution; however, it does not allow imposing a fee on a participant that would interfere with their rehabilitation. In the application, indicate how participants will be notified of the fee and include provisions for determining how these costs would not interfere with their rehabilitation or graduation. Provide a community reintegration or continued care strategy detailing services to assist program graduates as they reintegrate into the community. The applicant should emphasize client access to drug-free or transitional housing, including recovery housing. If applicable, the applicant is encouraged to consider and describe how their state’s planned Medicaid expansion, waivers, and other amendments as allowed under the Patient Protection and Affordable Care Act, will increase future program capacity or sustainability. Provide a sustainability plan detailing how the adult treatment court operations will be maintained after federal assistance ends. The sustainability plan should describe how current collaborations and evaluations will be used to leverage ongoing resources. BJA encourages the applicant to ensure sustainability by coordinating with local, state, and other federal resources such as the Edward Byrne Memorial Justice Assistance Grant (JAG) Program which has purpose areas to support court services and substance use disorder treatment. Discuss how activities anticipated for the Byrne State Crisis Intervention program will be coordinated with the proposed activities in this application. 61 22 Demonstrate how the proposal conforms to the framework of the state treatment court strategy, if one exists. The required Timeline web-based form should address the key steps tied to the program design outlined in this section. Category 1: Planning and Implementation Applicants For the planning phase, describe activities the court will take to prepare for program implementation, to include the following: Describe the staffing needs to implement a treatment court program. Briefly describe any training the treatment court plans to have its members participate in during the 6-month planning stage. Discuss how the community will be engaged in the planning process and describe the community partnerships that currently exist that will support the treatment court program. Describe how data collected in the community mapping of resources will be used to enhance access to relevant and needed services. For the implementation phase, describe the planned treatment court program, to include the following: Referral, screening, and assessment process Eligibility requirements Structure of the treatment court (pre-, post-, plea, etc.) Length and phases of the program Case management process Community supervision Availability of evidence-based treatment services Recovery support services delivery plan Judicial supervision Process for randomized drug testing Incentives and sanctions: Demonstrate an understanding that relapse is a part of the substance use disorder recovery process, and it is taken into consideration in the development of incentives and sanctions. Describe how the applicant will employ strategies to ensure due process and reduce the potential for unintended harm in the application of incentives and sanctions. 62 23 Graduation requirements and expulsion criteria Restitution costs and all fees required for program participation, including identifying how fees will be absorbed back into the program. Include whether the program fees present a barrier to participation and the measures available to reduce or waive fees for indigent participants. Discuss how the treatment court will make efforts to engage and support participants’ families. If trauma-informed care is proposed, discuss how the model will be implemented. If a post-adjudication drug court model is proposed, discuss how the concept of “early intervention” will be implemented. Category 2: Enhancement Applicants Describe the proposed enhancement and its specific objectives, including how they tie to the ATC Program’s purpose. Provide the target number of people for whom services will be provided. Explain how this target number was derived. BJA will measure the grantee’s success using this target number. Describe the focus of the treatment court (pre-, post-, plea, etc.) Identify the enhancement options for which funds are being requested and explain how each will be accomplished. In the explanation, address the following: Describe the detailed and randomized drug testing process and how it will occur throughout all components or phases of the program. Describe the mechanism which the treatment court will use to ensure coverage and coordination of drug testing among all available agencies associated with clients. Describe the proposed frequency of judicial status hearings and related criteria. Describe how the program will ensure consistent procedures in the status hearings. Describe the process the treatment court will use to ensure actual as well as any perception of procedural fairness throughout all court and program operations. Describe any strategies to enhance the court’s capacity to assess and reduce the risk of overdose and overdose fatalities, including use of naloxone and access to MAT. Describe the plan to provide treatment and services to address opioid, stimulant, and other substance use disorders. Describe how participant treatment will be funded. Discuss how the treatment court will make efforts to engage and support participants’ families. 63 24 If trauma-informed care is proposed, discuss how the model will be implemented. If delivering recovery support services, describe the agency and personnel that will administer the services and how those services are coordinated. Describe how this application will enhance access to recovery support services such as educational and/or vocational and transitional housing services or peer support such as supporting alumni networks or peer recovery activities. Category 3: Statewide Applicants Describe the specific design and objectives for the proposed statewide enhancement program. Describe which, if any, of the following statewide strategies will be implemented: Building capacity to ensure diversity, equity, and inclusion in programs for all eligible participants, including alternative tracks based on the risk and need principles, programming that addresses the cultural needs of participants, and the ability to review and assess equal access to the program, services, and sanctions and incentives. Enhancing courts’ capacity to provide participants with access to evidence-based substance use treatment, such as MAT, prevent overdose fatalities, and/or provide key peer recovery services such as educational and/or vocational services and transitional housing. Building or enhancing peer recovery activities such as alumni networks and family support activities for parents in treatment courts. Implementing best practice standards and fidelity assessments. Expanding courts’ capacity to divert nonviolent individuals with substance use disorders from incarceration. Developing or enhancing a statewide TTA program and/or strategy for operational treatment court teams. Enhancing data and research capacity, including automated collection of core data for all treatment courts in the state. Making subawards to local courts. Disseminating statewide ATC information to enhance or strengthen programs for persons in the criminal justice system. Describe which, if any, evidence-based principles and practices included in NADCP’s 10 Best Practice Standards will be implemented and how the proposed use of funds will assist in their implementation. If the state is proposing to increase or improve implementation of its own state standards, describe those standards and how they will be implemented. Describe the state’s current strategy and process for coordinating TTA to treatment courts statewide. If relevant, detail how the state will assess, implement, and monitor treatment courts’ TTA needs. Plans may include support from BJA’s National Adult 64 25 Treatment Court TTA providers that offer no cost training to support state training activities. Describe how the applicant will address gaps in transitional housing, peer support, and other key recovery support services. Describe how the program will enhance family support services for adult treatment court participants. Describe how the state will enhance local courts’ capacity to assess and reduce the risk of overdose and overdose fatalities including use of naloxone and access to MAT. Describe how the enhancement efforts will be maintained after federal assistance ends and how current collaborations and evaluations will be used to leverage ongoing resources. For applicants seeking to make subawards to local courts, provide the following information on state efforts to implement new and/or scale up existing adult treatment courts to better meet the existing and eligible defendant population that is high risk/high needs. Demonstrate how this proposal will assist in implementing that state strategy: Describe the detailed and randomized drug testing process and how it will occur throughout all components or phases of the local program. Describe the mechanism which the program will use to ensure coverage and coordination of drug testing among all available agencies associated with clients. Describe the proposed frequency of judicial status hearings and related criteria in the program. Describe how the program will ensure consistent procedures in the status hearings. Describe the process the state will use to ensure a perception of procedural fairness throughout all court and program operations. Describe the state’s plan for sustaining local treatment court programming after federal funding has ended. c. Capabilities and Competencies If the applicant is seeking priority consideration under Priority 1(B), it should describe within this section how being a culturally specific organization (or funding a culturally specific subrecipient organization at a minimum of 40% of the project budget) will enhance its ability to implement the proposed project(s), should also specify which populations are intended or expected to be served or have their needs addressed under the proposed project(s), and should include the website address (if applicable) and formal or informal mission statement or principles of the culturally specific organization. Category 1: Planning and Implementation Applicants Indicate whether the current adult treatment court team members have received the BJA-sponsored, free foundational training for adult drug courts or a training through another opportunity. For information on ATC training, visit: https://www.ndci.org/resource/training/foundational-training/. 65 26 Identify each member of the treatment court team and briefly describe their role and responsibilities. Key team members must include a judge, prosecutor, defense attorney, treatment provider, researcher/evaluator/management information specialist, and treatment court coordinator. Another member can be a case management coordinator to support the provision of key services including treatment, recovery support, peer support, housing, and family support services. Describe how effective communication and coordination among the team members will be implemented throughout the program period. Describe the treatment court program’s proposed treatment and recovery support partners and the history of these partnerships. Describe how the court will ensure these substance use disorder treatment providers will use evidence-based treatment services, including MAT. Indicate whether the team includes members from local law enforcement and probation departments. If applicable, describe the roles of these members as they relate to staffing, attendance, home visits, and court appearances. Describe any research partners or analytical staff members who will support data collection, analysis, and research, including their roles and goals. Describe how they will support equity and inclusion in access to program services, effective targeting and implementation fidelity, and program evaluation. Attach an MOU signed by each key treatment court team member with the responsibilities outlined for each as discussed under “Memorandum of Understanding Signed by Key Treatment Court Team Members” in the Additional Application Components section. Attach job descriptions and résumés/CVs of key staff members. Attach a letter of support from the local court outlining its commitment to the project. Category 2: Enhancement Applicants Identify each adult treatment court team member who will have a significant role in implementing the enhancement and describe their role, responsibilities, and qualifications to ensure the proposed enhancement program’s success. Key team members must include a judge, prosecutor, defense attorney, treatment provider, researcher/evaluator/ management information specialist, community supervision representative, and treatment court coordinator. Another member can be a case management coordinator to support the provision of key services including treatment, recovery support, peer support, housing, and family support services. Identify personnel other than the team members who are critical to the enhancement program’s success and discuss their roles, responsibilities, and qualifications. Discuss the organizational capabilities or competencies that will directly impact the ability to successfully implement the proposed enhancement. Describe the treatment court program’s proposed treatment and recovery support partners, the history of the partnerships, and how the court will ensure that these 66 27 substance use disorder treatment providers use evidence-based treatment services and monitor the quality and effectiveness of service delivery. Describe any research partners or analytical staff members who will support data collection, analysis, and research, including their roles and goals. Describe how they will support equity and inclusion in access to program services, effective targeting and implementation fidelity, and program evaluation. Describe how effective communication and coordination among the team members will be implemented throughout the program period. Attach an MOU signed by each key treatment court team member with the responsibilities outlined for each as discussed under “Memorandum of Understanding Signed by Key Treatment Court Team Members” in the Additional Application Components section. Attach the job descriptions and résumés/CVs of key staff members. Category 3: Statewide Applicants Identify the personnel who are critical to the program’s success and discuss their roles, responsibilities, and qualifications. Discuss the organizational capabilities or competencies that will directly impact the ability to successfully implement the proposed enhancement, and/or coordination of a state-based TTA program, and/or subawarding funding to support new treatment courts. Describe any needed support from BJA and its national TTA partners to implement the project, including efforts to train treatment court staff and partners, collect data and conduct analysis, audit fidelity of the courts, enhance practices or access to evidence-based treatment, such as MAT, and recovery support services, or support national recidivism studies. Describe how the applicant will coordinate with BJA and its TTA partners to implement these efforts. Describe any research partners or analytical staff members who will support data collection, analysis, and research, including their role and goals. Describe how they will support equity and inclusion in access to program services, effective targeting and implementation fidelity, and program evaluation. Attach the job descriptions and résumés/CVs of key staff members. For applicants seeking to provide subawards to help launch a new adult treatment court and/or scale up an existing adult treatment court: Identify each treatment court team member who will have a significant role in implementing the treatment court program. Describe their role, responsibilities, and qualifications. Key treatment court team members must include a judge, prosecutor, defense attorney, treatment provider, researcher/evaluator/management information specialist, community supervision representative, and treatment court coordinator. 67 28 Identify personnel other than the team members who are critical to the program’s successful implementation and/or enhancement and discuss their roles, responsibilities, and qualifications. Discuss the organizational capabilities or competencies that will directly impact the ability to successfully implement the proposed application. Describe the treatment court program’s proposed treatment partners, the history of the partnerships, and how the court will ensure that these substance use disorder treatment providers use evidence-based treatment services and monitor the quality and effectiveness of service delivery. Indicate whether the treatment court team members have received the BJA-sponsored, free foundational training for adult drug courts or training through another opportunity. If not, describe any training received or planning completed. Describe how effective communication and coordination among the team members will be implemented throughout the program period. Indicate whether the treatment court team does or will include members from local law enforcement and probation departments. If applicable, describe the roles of these members as they relate to staffing, attendance, home visits, and court appearances. Attach an MOU signed by each key treatment court team member, with the responsibilities outlined for each. d. Plan for Collecting the Data Required for this Solicitation’s Performance Measures The applicant must describe its current ability to collect and analyze client-level demographic, performance, and outcome data and to conduct regular assessments of program service delivery and performance. All applicants must indicate their willingness and ability to report the data through BJA’s Performance Measurement Tool (PMT) as well as identify the person responsible for collecting the data. Statewide applicants are expected to report on behalf of their subrecipients. In addition, grantees are expected to map community resources to support their programs, conduct or support evaluation of the programs, and to be able to assess equity and inclusion in their programs. Categories 1 and 2 Describe the steps the treatment court will take to develop a performance management and evaluation plan. The plan should include strategies to collect data, review data, and use data to improve program performance, and it should discuss how the treatment court will work with an evaluator when appropriate. Describe the program’s screening tool and referral process to ensure that participants screened and referred to the court mirror the jurisdiction’s SUD arrestee percentages. Describe the process and who will be responsible for the quarterly report on the actual number of participants served using grant funds as compared to the target number of participants to be served. The timeline plan must reflect when and how the jurisdiction plans to reach the targeted capacity as measured on a quarterly basis. 68 29 Category 3: Statewide Applicants Provide a plan detailing how the enhancement activities will be managed and evaluated. Describe who will be responsible for the quarterly reporting of the number and type(s) of state-based TTA services. Describe efforts at the state level to collect and share key efficacy evaluation data on the state’s treatment courts to support reducing recidivism rates and improving outcomes for participants. Note: An applicant is not required to submit performance data with the application. Rather, performance measure information is included as a notification that award recipients will be required to submit performance data as part of each award’s reporting requirements. Some measures are presented as examples, while others are the exact measures that every recipient will be expected to address. OJP will require each award recipient to submit regular performance data that show the completed work’s results. The performance data directly relate to the goals, objectives, and deliverables identified in the “Goals, Objectives, and Deliverables” discussion. Applicants can visit OJP’s performance measurement page at www.ojp.gov/performance for an overview of performance measurement activities at OJP. BJA will require award recipients to submit performance measure data in the Performance Measurement Tool (PMT) and separately submit a semi-annual performance report in JustGrants. BJA will provide further guidance on the post-award submission process, if the applicant is selected for award. Note: For applicants seeking to launch a new adult treatment court and/or scale up an existing adult treatment court, the application must describe how the applicant will collect, store, assess, and report performance data from subrecipients. Note on Project Evaluations An applicant that proposes to use award funds through this solicitation to conduct project evaluations must follow the guidance in the “Note on Project Evaluations” section in the OJP Grant Application Resource Guide. Goals, Objectives, Deliverables, and Timeline The applicant will submit the project’s goals, objectives, deliverables and timeline in the JustGrants web-based form. The applicant will also enter the projected fiscal year and quarter that each objective and deliverable will be completed. Please refer to the Application Submission Job Aid for step-by-step directions. Goals. The applicant should describe the project’s intent to change, reduce, or eliminate the problem noted in the previous section and outline the project’s goals. Program Objectives. The applicant should explain how the program will accomplish its goals. Objectives are specific, quantifiable statements of the project’s desired results. They should be measurable and clearly linked to the goal. 69 30 Deliverables. Project deliverables refer to outputs—tangible or intangible—that are submitted within the scope of a project. Budget and Associated Documentation Budget narratives should demonstrate cost effectiveness in relation to potential alternatives and the objectives of the program. The total amount being requested must be identified on the SF- 424 and proposal abstract. Budget Web-Based Form The applicant will complete the JustGrants web-based budget form. For additional information, see the OJP Grant Application Resource Guide and the Complete the Application in JustGrants – Budget training. If the applicant is seeking priority consideration under Priority 1(A) and has proposed activities (such as community or stakeholder meetings, community outreach or public awareness campaigns, community participation in project design, implementation, or evaluation, etc.) to incorporate the input and participation of communities that have been historically underserved, marginalized, and adversely affected by inequality, financial support for the identified activities and participation must be reflected in the web-based budget form. If the applicant is seeking priority consideration under Priority 1(B) based on the identification of at least one proposed subrecipient as a culturally specific organization, the proposed funding for the subrecipient in the web-based budget form must reflect a minimum of 40% of award funding. The budget narrative must also describe how the activities that will be funded with the (minimum) 40% of award funding provided to the subrecipient specifically relate to the priority consideration requested and described in the Capabilities and Competencies section of the application. Pre-Agreement Cost See the section on Costs Requiring Prior Approval in the DOJ Grants Financial Guide Post Award Requirements for more information. Indirect Cost Rate Agreement (if applicable) If applicable, the applicant will upload their indirect cost rate agreement as an attachment in JustGrants. See the OJP Grant Application Resource Guide for additional information on indirect costs. Consultant Rate See the DOJ Grants Financial Guide for information on the consultant rates which require prior approval from OJP. Employee Compensation Waiver See the OJP Grant Application Resource Guide for information on the Limitation on Use of Award Funds for Employee Compensation for Awards over $250,000; Waiver. Financial Management Questionnaire (including applicant disclosure of high-risk status) The applicant will download the questionnaire, complete it, and upload it as an attachment in JustGrants. See the OJP Grant Application Resource Guide for the link to the questionnaire and additional information. 70 31 Disclosure of Process Related to Executive Compensation If applicable, the applicant will upload a description of the process used to determine executive compensation as an attachment in JustGrants. See the “Application Attachments” section of the OJP Grant Application Resource Guide for information. Memoranda of Understanding (MOUs) and Other Supportive Documents Applicants should include for each named partner, a signed Memorandum of Understanding (MOU), Letter of Intent, or subcontract that confirms the partner’s agreement to support the project through commitments of staff time, space, services, or other project needs. Applications submitted from two or more entities are encouraged to develop and submit signed MOUs or signed Letters of Intent that provide a detailed description of how the agencies will work together to meet project requirements. Each MOU or Letter of Intent should include the following: (1) names of the organizations involved in the agreement; (2) scope of the direct service(s) and other work to be performed under the agreement; (3) duration of the agreement. Subcontracts, MOUs, or Letters of Intent should be submitted as one separate attachment to the application. Additional Application Components, Disclosures and Assurances Additional Application Components The applicant will attach the additional requested documentation in JustGrants. Curriculum Vitae or Résumés Provide résumés of key personnel. Tribal Authorizing Resolution (if applicable) An application in response to this solicitation may require inclusion of tribal authorizing documentation as an attachment. If applicable, the applicant will upload the tribal authorizing documentation as an attachment in JustGrants. See the OJP Grant Application Resource Guide for information on tribal authorizing resolutions. Timeline web-based form (Required) A timeline is required and should outline when the objectives will be met during the program period. It must summarize the major activities, responsible parties, and expected completion dates for the principal tasks required to plan, and/or implement and manage the drug court program. Applicants must indicate the number of program participants to be served each quarter to demonstrate how they will reach the target number of participants to be served before the end of the grant period. State Substance Abuse Agency Director or Designee Letter (recommended) Nontribal applicants are encouraged to include a letter from the State Substance Abuse (SSA) director or designated representative in support of the application and include confirmation that the proposal conforms to the framework of the state strategy of substance abuse treatment. Applicants will submit the letter by uploading it as an attachment in JustGrants. A listing of SSAs can be found on the Substance Abuse and Mental Health Services Administration’s website at: https://www.samhsa.gov/sites/default/files/ssa-directory.pdf. 71 32 Memorandum of Understanding Signed by Key Treatment Court Team Members or by a Designated Agency Representative (recommended) Attach an MOU signed by either the key drug court team members or by a designated agency representative, with the general responsibilities and expectations for coordination agreed upon by each member. Key drug court team members include a judge, prosecutor, defense attorney, treatment provider, researcher/evaluator, management information specialist, community supervision representative, and treatment court coordinator. Applicants will submit the MOU by uploading the document as an attachment in JustGrants. Fiscal Agent Memorandum of Understanding Signed by Applicant and Treatment Court Administrator (recommended) An entity (i.e., unit of local government or county) applying for funding on behalf of an adult treatment court must attach a Fiscal Agent MOU that describes how it will coordinate directly with the treatment court for which funding is being sought and reflects agreement it will serve as the fiscal agent. The MOU must address the overall objectives of the treatment court program as well as show support for efforts to adhere to the evidence-based program principles included in NADCP’s 10 Best Practice Standards and the 10 key components. Note: The treatment court administrator is a member of the court program and has authority to make decisions on behalf of the court. Applicants will submit the MOU by uploading it as an attachment in JustGrants. Chief Justice, State Court Administrator, or Designee Letter (recommended) Nontribal applicants are encouraged to include a letter from the chief justice of the state’s highest court, the state court administrator, or a designee (e.g., the state treatment or problem-solving court coordinator) describing how the proposed application would enhance statewide efforts related to treatment courts and/or is part of the state’s treatment court strategy. The letter should be addressed to the BJA Director. Applicants will submit the letter by uploading it as an attachment in JustGrants. Research and Evaluation Independence and Integrity If an application proposes research (including research and development) and/or evaluation, the applicant must demonstrate research/evaluation independence and integrity, including appropriate safeguards, before it may receive award funds. The applicant will upload documentation of its research and evaluation independence and integrity as an attachment in JustGrants. For additional information, see the OJP Grant Application Resource Guide. Statewide Applicants Managing Subawards Applicants are required to submit as an attachment their written policies and procedures for administering subawards, including: A detailed description of the formal selection process, including information on the applicant’s process for requesting proposals (e.g., posting a notice on its website, invitations via email or traditional mail, advertisements, etc.); reaching out to stakeholders, including webinars; receiving applications and processing them; conducting programmatic and financial reviews of the applications; evaluating and scoring them, including the criteria used; and award notification. A description for monitoring subrecipients that, at a minimum, must include a plan for (a) reviewing financial and performance reports submitted by the subrecipients; (b) following up and ensuring the subrecipients act to address deficiencies found through audits, onsite 72 33 reviews, and other means; and (c) issuing a management decision based on the audit findings that pertain to the subaward. Disclosures and Assurances The applicant will address the following disclosures and assurances. Disclosure of Lobbying Activities Complete and submit the SF-LLL in Grants.gov. Once the applicant submits in Grants.gov, this information will pre-pend into JustGrants. See the OJP Grant Application Resource Guide for additional information. Applicant Disclosure of Duplication in Cost Items Complete the JustGrants web-based Applicant Disclosure of Duplication in Cost Items form. See the OJP Grant Application Resource Guide for additional information. DOJ Certified Standard Assurances Review and accept the DOJ Certified Standard Assurances in JustGrants. See the OJP Grant Application Resource Guide for additional information. DOJ Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements; Law Enforcement and Community Policing Review and accept in JustGrants the DOJ Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements; Law Enforcement and Community Policing. See the OJP Grant Application Resource Guide for additional information. Applicant Disclosure and Justification – DOJ High Risk Grantees If applicable, submit the DOJ High Risk Disclosure and Justification as an attachment in JustGrants. A DOJ High Risk Grantee is an award recipient that has received a DOJ High Risk designation based on a documented history of unsatisfactory performance; financial instability; management system or other internal control deficiencies; noncompliance with award terms and conditions on prior awards or is otherwise not responsible. See the OJP Grant Application Resource Guide for additional information. How to Apply, Submission Date and Time and Add Sections How to Apply Registration: Before submitting an application, all applicants must register with the System for Award Management (SAM). You must renew and validate your registration every 12 months. If you do not renew your SAM registration, it will expire. An expired registration can delay or prevent application submission in Grants.gov and JustGrants. Registration and renewal can take up to 10 business days to complete. Submission: Applications must be submitted to DOJ electronically through a two-step process via Grants.gov and JustGrants. 73 34 Step 1: After registering with SAM, the applicant must submit the SF-424 and SF-LLL in Grants.gov at https://www.grants.gov/web/grants/register.html by the Grants.gov deadline. Submit the SF-424 and SF-LLL as early as possible, but no later than 48 hours before the Grants.gov deadline. If an applicant fails to submit in Grants.gov, they will be unable to apply in JustGrants. Step 2: The applicant must then submit the full application, including attachments, in JustGrants at JustGrants.usdoj.gov by the JustGrants deadline. Within 24 hours after receipt of confirmation emails from Grants.gov, the individual in Section 8F of the SF-424 will receive an email from DIAMD-NoReply@usdoj.gov with instructions on how to create a JustGrants account. Register the Entity Administrator and the Application Submitter with JustGrants as early as possible but no later than 48-72 hours before the JustGrants deadline. Once registered in JustGrants, the Application Submitter will receive an emailed link to complete the rest of the application in JustGrants. The Entity Administrator also will need to log into JustGrants to review and invite the applicant’s Authorized Representative(s) before an application can be submitted. Submit the complete application package in JustGrants at least 24 – 48 hours prior to the JustGrants deadline. Some of the application components will be entered directly into JustGrants, and others will require uploading attached documents. Therefore, applicants will need to allow ample time before the JustGrants deadline to prepare each component. Applicants may save their progress in the system and revise the application as needed prior to hitting the Submit button at the end of the application in JustGrants. For additional information, see the “How to Apply” section in the OJP Grant Application Resource Guide and the DOJ Application Submission Checklist. Submission Dates and Time The SF-424 and the SF-LLL must be submitted in Grants.gov by 8:59 p.m. eastern time on April 11, 2023. The full application must be submitted in JustGrants by 8:59 p.m. eastern time on April 18, 2023. OJP urges applicants to submit their Grants.gov and JustGrants submissions prior to the due dates with sufficient time to correct any errors and resubmit by the submission deadlines if a rejection notification is received. To be considered timely, the full application must be submitted in JustGrants by the JustGrants application deadline. Failure to begin the SAM.gov, Grants.gov, or JustGrants registration process in sufficient time (i.e., waiting until the date identified in this solicitation) is not an acceptable reason for late submission. Experiencing Unforeseen Technical Issues Preventing Submission of an Application OJP will only consider requests to submit an application after the deadline when the applicant can document that a technical issue with a government system prevented application submission. If an applicant misses a deadline due to unforeseen technical issues with SAM.gov, Grants.gov, or JustGrants, the applicant may request a waiver to submit an application after the deadline. However, the waiver request will not be considered unless it includes a tracking number 74 35 generated when the applicant contacts the applicable service desks to report technical difficulties. Tracking numbers are generated automatically when an applicant emails the applicable service desks; and for this reason applicants are encouraged to email the appropriate service desk, even if they also intend to call the service desk for phone support. Experiencing wait times for phone support does not relieve the applicant of the responsibility of getting a tracking number. An applicant experiencing technical difficulties must contact the associated service desk indicated below to report the technical issue and receive a tracking number: • SAM.gov - contact the SAM Help Desk (Federal Service Desk), Monday – Friday from 8 a.m. to 8 p.m. ET at 866-606-8220. • Grants.gov - contact the Grants.gov Customer Support Hotline, 24 hours a day, 7 days a week, except on federal holidays, at 800-518-4726, 606-545-5035, or support@grants.gov. • JustGrants - contact the JustGrants Service Desk at JustGrants.Support@usdoj.gov or 833-872-5175, Monday – Friday from 7 a.m. to 9 p.m. ET and Saturday, Sunday, and Federal holidays from 9 a.m. to 5 p.m. ET. If an applicant has technical issues with SAM.gov or Grants.gov, the applicant must contact the OJP Response Center at grants@ncjrs.gov within 24 hours of the Grants.gov deadline to request approval to submit after the deadline. If an applicant has technical issues with JustGrants that prevent application submission by the deadline, the applicant must contact the OJP Response Center at grants@ncjrs.gov within 24 hours of the JustGrants deadline to request approval to submit after the deadline. Waiver requests sent to the OJP Response Center must - describe the technical difficulties experienced, include a timeline of the applicant's submission efforts (e.g., date and time the error occurred, date and time of actions taken to resolve the issue and resubmit; and date and time support representatives responded), include an attachment of the complete grant application and all the required documentation and materials, include the applicant’s Unique Entity Identifier (UEI), and include any SAM.gov, Grants.gov, and JustGrants Service Desk tracking numbers documenting the technical issue. OJP will review each waiver request and the required supporting documentation and notify the applicant whether the request for late submission has been approved or denied. An applicant who does not provide documentation of a technical issue or who does not submit a waiver request within the required time period will be denied. For more details on the waiver process, OJP encourages applicants to review the “Experiencing Unforeseen Technical Issues” section in the OJP Grant Application Resource Guide. 75 36 Application Review Information Review Criteria Merit Review Criteria Applications that meet the basic minimum requirements will be evaluated by peer reviewers on how the proposed project/program addresses the following criteria: Description of the Issue (20%) - evaluate the applicant’s understanding of the program/issue to be addressed. Project Design and Implementation (40%) - evaluate the adequacy of the proposal, including the goals, objectives, timelines, milestones, and deliverables. Capabilities and Competencies (20%) - evaluate the applicant’s administrative and technical capacity of the applicant to successfully accomplish the goals and objectives. Plan for Collecting the Data Required for this Solicitation’s Performance Measures (15%) - evaluate the applicant’s understanding of the performance data reporting requirements and the plan for collecting the required data. Budget (5%) - evaluate for completeness, cost effectiveness, and allowability (e.g., reasonable, allocable, and necessary for project activities). Other Review Criteria/Factors Other important considerations for BJA include geographic diversity, strategic priorities (specifically including, but not limited to, those priority areas already mentioned, if applicable), available funding, past performance, pre-award risk rating, and the extent to which the Budget Web-Based Form accurately explains project costs that are reasonable, necessary, and otherwise allowable under federal law and applicable federal cost principles. Review Process Applications submitted under this solicitation that meet the basic minimum requirements will be evaluated for technical merit by a peer review panel(s) in accordance with OJP peer review policy and procedures using the review criteria listed above. OJP screens applications to ensure they meet the basic minimum requirements prior to conducting the peer review. Although specific requirements may vary, the following are common requirements applicable to all OJP solicitations: The application must be submitted by an eligible type of applicant. The application must request funding within programmatic funding constraints (if applicable). The application must be responsive to the scope of the solicitation. The application must include all items necessary to meet the basic minimum requirements. Pursuant to the Part 200 Uniform Requirements, before award decisions are made, OJP also reviews information related to the degree of risk posed by the applicant entity. Among other 76 37 things to help assess whether an applicant with one or more prior federal awards has a satisfactory record of performance, integrity, and business ethics, OJP checks whether the applicant entity is listed in SAM as excluded from receiving a federal award. In addition, if OJP anticipates that an award will exceed $250,000 in federal funds, OJP also must review and consider any information about the applicant entity that appears in the non-public segment of the integrity and performance system accessible through SAM (currently, the Federal Awardee Performance and Integrity Information System, FAPIIS). Important Note on FAPIIS: An applicant may review and comment on any information about its organization that currently appears in FAPIIS and was entered by a federal awarding agency. OJP will consider such comments by the applicant, in addition to the other information in FAPIIS, in its assessment of the risk posed by the applicant entity. Absent explicit statutory authorization or written delegation of authority to the contrary, all final award decisions will be made by the Assistant Attorney General, who may consider not only peer review ratings and BJA recommendations, but also other factors as indicated in this section. Federal Award Administration Information Federal Award Notices Generally, award notifications are made by the end of the current Federal fiscal year, September 30th. See the OJP Grant Application Resource Guide for information on award notifications and instructions. Administrative, National Policy, and Other Legal Requirements If selected for funding, in addition to implementing the funded project consistent with the OJP- approved application, the recipient must comply with all award conditions and all applicable requirements of federal statutes and regulations, including the applicable requirements referred to in the assurances and certifications executed in connection with award acceptance. For additional information on these legal requirements, see the “Administrative, National Policy, and Other Legal Requirements” section in the OJP Grant Application Resource Guide. Information Technology Security Clauses An application in response to this solicitation may require inclusion of information related to information technology security. See the OJP Grant Application Resource Guide for more information. General Information about Post-Federal Award Reporting Requirements In addition to the deliverables described in the “Program Description” section, all award recipients under this solicitation will be required to submit certain reports and data. Required reports. Award recipients typically must submit quarterly financial reports, quarterly, performance reports, final financial and performance reports, and, if applicable, an annual audit report in accordance with the Part 200 Uniform Requirements or specific award conditions. Future awards and fund drawdowns may be withheld if reports are delinquent. (In appropriate cases, OJP may require additional reports.) See the OJP Grant Application Resource Guide for additional information on specific post- award reporting requirements, including performance measure data. 77 38 Performance Report Frequency (Select one) quarterly semi-annual annual-calendar annual-fiscal annual-other Federal Awarding Agency Contact(s) For OJP contact(s), contact information for Grants.gov, and contact information for JustGrants, see the solicitation cover page. Other Information Freedom of Information and Privacy Act (5 U.S.C. §§ 552 and §§ 552a) See the OJP Grant Application Resource Guide for information on the Freedom of Information and Privacy Act (5 U.S.C. §§ 552 and §§ 552a). Provide Feedback to OJP See the OJP Grant Application Resource Guide for information on how to provide feedback to OJP. Performance Measures A list of performance measure questions for this program can be found at: https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/TreatmentCourt-Measures.pdf. . 78 39 Application Checklist BJA FY 2023 Adult Treatment Court Discretionary Grant Program This application checklist has been created as an aid in developing an application. For more information, reference The OJP Application Submission Steps in the OJP Grant Application Resource Guide and the DOJ Application Submission Checklist. Pre-Application Before Registering in Grants.gov: •Acquire or renew your Entity’s System Award Management (SAM) Registration Information (see OJP Grant Application Resource Guide) Register in Grants.gov •Acquire an Authorized Organization Representative (AOR) and a Grants.gov username andpassword (see OJP Grant Application Resource Guide) •Acquire AOR confirmation from the E-Business Point of Contact (E-Biz POC) (see OJPGrant Application Resource Guide) Find the Funding Opportunity •Search for the funding opportunity in Grants.gov using the opportunity number, assistancelisting number, or keyword(s) •Select the correct Competition ID: for Category 1: C-BJA-2023-00008-PROD, Category 2:C-BJA-2023-00009-PROD, and Category 3: C-BJA-2023-00010-PROD •Access the funding opportunity and application package (see Step 7 in the OJP GrantApplication Resource Guide) •Sign up for Grants.gov email notifications (optional) (see OJP Grant Application ResourceGuide) •Read Important Notice: Applying for Grants in Grants.gov •Read OJP policy and guidance on conference approval, planning, and reportingavailable at https://www.ojp.gov/funding/financialguidedoj/iii-postaward-requirements#6g3y8 (see OJP Grant Application Resource Guide) Review the Overview of Post-Award Legal Requirements •Review the “Overview of Legal Requirements Generally Applicable to OJP Grants andCooperative Agreements - FY 2023 Awards” in the OJP Funding Resource Center. Review the Scope Requirement •The federal amount requested is within the allowable limit(s) of $900,000 for Category 1,$1,000,000 for Category 2, and $2,500,000 for Category 3. Review Eligibility Requirement: •Review the Eligibility section on the cover page and Eligibility Information section in thesolicitation. Application Step 1 Submit the SF-424 and SF-LLL in Grants.gov •In Section 8F of the SF-424, include the name and contact information of the individual whowill complete the application in JustGrants. and SF-LLL in Grants.gov 79 40 Within 48 hours after the SF-424 and SF-LLL submission in Grants.gov, receive four (4) Grants.gov email notifications: •a submission receipt •a validation receipt •a grantor agency retrieval receipt •an agency tracking number assignment If no Grants.gov receipt and validation email is received, or if error notifications are received: •Contact Grants.gov Customer Support Hotline at 800-518-4726, 606-545-5035,Grants.gov customer support, or support@grants.gov regarding technical difficulties (seeOJP Grant Application Resource Guide) Within 24 hours after receipt of confirmation emails from Grants.gov, the individual in Section 8F of the SF-424 will receive an email from JustGrants with login instructions. •Proceed to Application Step 2 and complete application in JustGrants Application Step 2 Submit the following information in JustGrants Application Components •Standard Applicant information (SF-424 information from Grants.gov) •Proposal Abstract* •Proposal Narrative* Budget and Associated Documentation •Budget Web-Based form* •Indirect Cost Rate Agreement (if applicable) (see OJP Grant Application ResourceGuide) •Financial Management and System of Internal Controls Questionnaire (see OJP GrantApplication Resource Guide) •Disclosure of Process related to Executive Compensation (see OJP Grant ApplicationResource Guide) Additional Application Components •State Substance Abuse Agency Director or Designee Letter (recommended) •Memorandum of Understanding Signed by Key Treatment Court Team Members or by aDesignated Agency Representative (recommended) •Fiscal Agent Memorandum of Understanding Signed by Applicant and Treatment CourtAdministrator (recommended) •Chief Justice, State Court Administrator or Designee Letter (recommended) •Tribal Authorizing Resolution (if applicable) (see OJP Grant Application Resource Guide) •Research and Evaluation Independence and Integrity (see OJP Grant Application Resource Guide) •Statewide Applicants Managing Subawards (if applicable) •Timeline web-based form * •Résumés of key personnel (if applicable) Disclosures and Assurances •Disclosure of Lobbying Activities (SF-LLL) (see OJP Grant Application Resource Guide) 80 41 •Applicant Disclosure of Duplication in Cost Items (see OJP Grant Application ResourceGuide) •DOJ Certified Standard Assurances (see OJP Grant Application Resource Guide) •DOJ Certifications Regarding Lobbying; Debarment, Suspension and OtherResponsibility Matters; and Drug-Free Workplace Requirements (see OJP GrantApplication Resource Guide) •Applicant Disclosure and Justification – DOJ High Risk Grantees (if applicable) (see OJPGrant Application Resource Guide) *Note: Items designated with an asterisk must be submitted for an application to meet the basic minimum requirements review. If OJP determines that an application does not include the following elements, it will neither proceed to peer review, nor receive further consideration. Review, Certify and Submit Application in JustGrants •Any validation errors will immediately display on screen after submission. •Correct validation errors, if necessary, and then return to the “Certify and Submit” screento submit the application. Access the Application Submission Validation Errors QuickReference Guide for step-by-step instructions to resolve errors prior to submission. •Once the application is submitted and validated, a confirmation message will appear atthe top of the page. Users will also receive a notification in the “bell” alerts confirming submission. If no JustGrants application submission confirmation email or validation is received, or if error notification is received: •Contact the JustGrants Service Desk at 833-872-5175 orJustGrants.Support@usdoj.gov regarding technical difficulties. See the OJP GrantApplication Resource Guide for additional information. 81 42 Standard Solicitation Resources OJP Grant Application Resource Guide provides guidance to assist OJP grant applicants in preparing and submitting applications for OJP funding. DOJ Grants Financial Guide serves as the primary reference manual to assist award recipients in fulfilling their fiduciary responsibility to safeguard grant funds and to ensure funds are used for the purposes for which they were awarded. It compiles a variety of laws, rules and regulations that affect the financial and administrative management of DOJ awards. This guide serves as a starting point for all award recipients and subrecipients of DOJ grants and cooperative agreements in ensuring the effective day-to-day management of awards. JustGrants Resources Website is an entryway into information about JustGrants and the grants management system itself. Through this portal both award recipients and applicants can access training resource and user support options, find frequently asked questions and sign-up for the JustGrants Update e-newsletter. JustGrants Application Submission Training Page offers helpful information and resources on the application process. This training page includes e-learning videos, reference guides, checklists and other resources to help applicants complete an application. Virtual Q&A Sessions are advertised here and provide opportunities for users to receive topic- specific training, direct technical assistance and support on JustGrants system functionality. 82 Bureau of Justice Assistance Adult Treatment Court Discretionary Grant Project Abstract The Bozeman Municipal Court proposes to use the Bureau of Justice Assistance Adult Treatment Court Discretionary Grant Program Category 1 funding to plan and implement the BRIDGER DUI Treatment Court Program at the Bozeman Public Safety Center (901 N Rouse, Bozeman, MT 59715.) The anticipated budget is $1,200,00 with $900,00 of this amount supplied through this grant. The project is a collaboration between the City of Bozeman, Gallatin County, and community stakeholders. This court will serve up to 25 post-conviction participants with 2nd, 3rd, and Aggravated DUI charges in Gallatin County. This court is designed to take a minimum of 12 and maximum of 18 months to complete. The average time in the program will be 13-15 months. The treatment court will follow all of the NADCP’s 10 Best Practice Standards. This court will promote racial equity through phases of design, implementation, and maintenance (Priority Consideration 1.A.). Finally, the court will support all appropriate medication-assisted treatments. Project activities will include organizing a multi-disciplinary team to guide participants through the treatment court program, developing a leadership team to oversee policy and procedure drafting, facilitating a steering committee to map long-term sustainable funding streams, developing an operations and participant manual, reaching out to potential referral sources and implementing a DUI treatment court. Expected outcomes include serving 50 DUI offenders over the course of the 4-year grant, developing long-term sustainable funding, and developing an aftercare program for graduates of the treatment court. 83 Page 1 of 20 a. Description of the Issue The City of Bozeman is requesting start-up funding from the Bureau of Justice Assistance to implement Bozeman Regional Impaired Drivers Gaining Effective Rehabilitation Services (BRIDGERS) DUI Court to reduce DUI recidivism and enhance public safety in Gallatin County. This jurisdiction has no other applications pending for Federal funding and lacks alternative funding sources to implement this program. Planned Evidence-Based Practices (EBP) and Guiding Principles (GP) are noted throughout the application. Nature and Scope of the Substance Use Disorder Problem - Bozeman is the largest city and the economic and political center of Gallatin County, the third largest county in Montana with an estimated population of 122,000 in 2021. Gallatin County’s annual growth rate is 3.2%, making it one of the fastest growing counties in the state. Gallatin County’s population is predominately white (94.5%), with 2.1% of residents identifying with two or more races. The County is made up of 3.1% non-White, single race members: 0.5% Black or African American alone, 1.0% Indian and Alaska Native alone, and 1.7% Asian alone. Hispanic and/or Latinx (of any race) individuals make up 4.5% of the population (2020 Census). The Bozeman Municipal Court alone processed 5,617 cases in 2022. This does not include the two Gallatin County Justice Courts, 5 District Courts, and City Courts in Belgrade, Manhattan, and West Yellowstone. Consistent with other jurisdictions, these Courts have found that most criminal violations occur when the defendant is under the influence of an intoxicating substance. The 2020 Gallatin County Community Health Needs Assessment (CHNA) reports 90% of surveyed public health professionals identified substance abuse as a major or moderate problem in the community. The CNHA also found that 33.5% of respondents (37,5234 individuals) reported excessive or binge drinking in the last month. This exceeds average rates in 84 Page 2 of 20 both Montana (20.1%) and the US (27.2%). Additionally, 3.4% of respondents (4,012 individuals) reported driving after having too much to drink in a one-month period. According to the National Highway Traffic Safety Association 2018 report, Montana has the highest per capita occurrence of impaired driving fatalities at 7.4 fatalities per 100,000 population. The national average is 3.2. Impaired driving is a factor in 43.4% of Montana traffic fatalities compared to the national average of 28.8%. The Montana Department of Transportation Crash Data for 2011-2020 places Gallatin County in the top 5 Montana counties every year for rural serious injury or fatality crashes. Bozeman is in the top 5 for urban settings. DUI filings in both the Bozeman Municipal Court and Gallatin County Justice Court have increased steadily since 2020. Reports from the Full Court Enterprise database revealed that in 2022, the Bozeman Municipal Court and the Gallatin County Justice Court received 805 Misdemeanor DUI filings. Of those, 286 were DUI 2nd, 3rd, and Aggravated. Problems with Current Court Response - Currently, misdemeanor DUIs are processed in the traditional court system. The jurisdiction lacks programs that connect these defendants with treatment and wraparound services that facilitate long-term behavior change. BRIDGERS Court will serve defendants with multiple or aggravated DUIs over the course of the 4-year grant in accordance with evidence-based DUI Treatment Court practices. BRIDGERS Court will reduce recidivism, promote public safety, and reduce taxpayer burden. BRIDGERS Court will follow EBP the ten GP of DWI Courts with a model of integrated treatment and supervision through collaboration between both city and county agencies, and community treatment providers. Current Gaps in Resources - The CHNA identified access to mental health and substance use treatment as a significant health concern in Gallatin County. Additionally, the City 85 Page 3 of 20 of Bozeman Equity Indicator Project (EIP, 2021) identified service gaps and disparities in housing, transportation, health, justice, and civic health. Over 70% of survey respondents indicated a large or moderate need for both access to mental health care and substance abuse services. Hispanic or Latinx respondents reported the highest levels of need for access to substance abuse services when compared to other racial and ethnic groups. BRIDGERS Court will contract with a regional substance use and mental health provider to provide services for participants. By identifying and removing barriers, the BRIDGERS Court will increase access to services for participants. Target Population and # of DUIs - To better understand the recidivism risk and treatment needs of DUI offenders passing through the Bozeman Municipal Court, the DUI Risk and Needs Triage (DUI-RANT®) was administered to DUI 2nd, 3rd and Aggravated cases between January and March 2023. Below is a summary of the DUI-RANT® findings. High risk Low risk High Need 16.7% 20.8% Low Need 41.7% 20.8% BRIDGERS Court will serve post-conviction 2nd, 3rd, and Aggravated DUI offenders in Gallatin County who are high-risk/high-need (HR/HN) and reveal moderate to severe substance use disorders after a clinical assessment. Using the above DUI-RANT® data, the number of HR/HN individuals with eligible charges is estimated to be 45 each year, but not all HR/HN individuals will choose to participate in the BRIDGERS Court. BRIDGERS Court will serve 65 offenders over the course of the 4-year grant. If a greater need is indicated, partnerships with other city and county courts will be leveraged to increase capacity. Following EBP, screening assessments and 86 Page 4 of 20 eligibility criteria will prioritize resources and services for those most likely to reoffend. The maximum jail sentence for these qualifying offenses is 12 months. Current Planning and Coordination - BRIDGERS Court received a grant from the Gallatin County DUI Task Force to gather data on the target population and will continue to work with this group. Additionally, Gallatin County has two major strategic plans that address access to mental health and substance use disorder treatment in the area. Three members of BRIDGERS Court’s leadership team serve on the Criminal Justice Coordinating Committee’s sub-committee currently developing a strategic plan to identify boundaries to treatment for individuals with mental health and substance use disorders involved in the criminal justice system. Additionally, he Gallatin Behavioral Health Coalition has a strategic plan designed to remove barriers to treatment in Gallatin County. Finally, the coordinator serves on Bozeman’s Belonging in Bozeman group which is developing Bozeman’s Equity and Inclusion Plan. b. Project Design and Implementation Priority Consideration 1A - BRIDGERS Court seeks priority consideration for Priority 1(A). The City of Bozeman’s Equity Indicator Project identified service gaps and disparities in housing, transportation, health, justice, and civic health. Bozeman’s Equity and Inclusion Plan seeks to address these service gaps and disparities in partnership with local providers and agencies. The plan will be completed in Fall 2023 and the BRIDGERS Court leadership team will adopt any applicable recommendations from this plan. The BRIDGERS Court will use the community liaison model to integrate stakeholder feedback into the Court’s planning, implementation, and evaluation phases. Community liaisons are compensated, well-connected, trusted leaders and relationship builders who represent underserved neighborhoods or communities. They will represent marginalized populations as the 87 Page 5 of 20 leadership team designs policies and procedures and reviews program equity measures. Bozeman has successfully used community liaisons in the development of both the City’s Parks, Recreation, & Active Transportation Plan and Equity and Inclusion Plan. In the planning phase, the leadership team will develop program metrics specific to the treatment court setting. These will include demographics for charged and incarcerated individuals and demographics of defendants who are referred to, accepted by, and complete the BRIDGERS Court program. These metrics will be monitored quarterly, and gaps will be addressed annually. The leadership team, including community liaisons, will address any gaps in service and consult with appropriate community stakeholders when necessary. Medication Assisted Treatment Policy - BRIDGERS Court will honor existing prescriptions of new participants, including prescriptions for any Medication Assisted Treatment (MAT). Participants will be referred to a local MAT provider based upon clinical assessment indicators. Available Treatment and Treatment Funding - BRIDGERS Court will offer substance use disorder treatment through a single provider. Through this provider, the Court will offer a spectrum of evidence-based treatment options from Level 1 outpatient services to Level 2.1 outpatient services. Level 3 in-patient services are available in Montana and the BRIDGERS team will work with these programs when participants require inpatient services. Ideally, the provider will provide a representative licensed for both mental health and substance use disorder treatment to the team Alternatively, the provider will refer participants to a local mental health provider specializing in co-occurring disorders. The court coordinator will facilitate communication between the mental health provider and BRIDGERS Court treatment team. 88 Page 6 of 20 Insured participants will cover their treatment costs. The court will assist uninsured participants with the Medicaid application process and cover 80% of treatment costs for Medicaid-ineligible participants until the healthcare marketplace open enrollment period. If a participant chooses not to enroll in insurance during the open enrollment period, they will be fully responsible for treatment costs. Participants will be financially responsible for any needed residential treatment regardless of insurance status. Selecting a Treatment Provider - Per the City of Bozeman Purchasing Plan, the treatment provider will be selected using a publicly announced RFQ during the planning period. The city uses a lowest, most-responsible decision-making process. The leadership team and City Attorney’s office will develop the RFQ, selection criteria, and selection team. The treatment provider will designate a representative to serve on both the treatment and leadership team. The treatment provider will use Treatment modalities listed in the Office of Justice Program’s list of evidence-based programs, CrimeSolutions.ojp.gov. BRIDGERS Court will monitor treatment effectiveness through progress in the treatment court program and achievement of integrated case plan goals. The coordinator will review treatment fidelity upon participant relapse or participant demonstration of non-compliant behavior (especially proximal behaviors). Evidence Based Principles and Practices - BRIDGERS Court will implement 10 key components as defined in the National Center for DWI Court’s “The Ten Guiding Principles (GP) of DWI Courts” and the Evidence Based Practices (EBP) as defined in Drug Court Best Practices, Volume 1 and 2. Full incorporation of these evidence-based strategies will optimize treatment and service delivery. If any recommended principles or practices are unavailable, BRIDGERS Court will work towards implementation or support others’ efforts to address those 89 Page 7 of 20 deficiencies. BRIDGERS Court leadership team will do an annual self-assessment of adherence to these principles and will participate in the State of Montana Peer Review Program. Prioritizing High Risk/High Need Individuals - BRIDGERS Court will use the DUI- RANT® to determine criminogenic risks and treatment needs of each applicant during the initial screening appointment. This screening tool was chosen because it is specifically designed and validated for DUI offenders. Additionally, the coordinator will request substance use disorder evaluation from a licensed addiction counselor. The treatment team will use objective eligibility criteria to determine admission into the program. The leadership team will monitor eligibility decisions to ensure that the program prioritizes HR/HN individuals that match the demographics of individuals convicted of eligible charges. Preventing Overdose - The treatment provider will assess an applicant’s risk of overdose during the screening process. There are two MAT providers in the region. Following Bozeman's Purchasing Policy, the BRIDGERS Court will select a MAT provider. If a MAT referral is made during the initial assessment or at another time during the program, the case manager will refer participants to the contracted MAT provider. In addition, all team members will be annually trained to recognize overdose risk factors and administer naloxone in crisis interventions. Each participant will receive overdose prevention education when they develop their relapse prevention plan during phase one of the program and have access to take home naloxone kits. Prompt Access to Treatment Court - Upon sentencing, eligible participants will be asked to contact the court coordinator. The court coordinator will set up an orientation meeting within 7 days. At that meeting, either the coordinator or the case manager will prioritize the participant’s needs and develop an initial case plan. The participant will be inducted at the next 90 Page 8 of 20 bi-weekly status hearing. If the clinical assessment indicates the need for a more immediate court appearance, one will be scheduled. The judge, prosecutor, and defense attorney will be present at induction at which point the participant will begin the program. The case manager will meet with the participant following court, fill out a safety plan and make referrals to any necessary services, including MAT, immediately following the court appearance. Equity and Inclusion - The court coordinator will enter data into the National Drug Court Institute’s (NDCI) Equity and Inclusion Assessment Tool to gather information on program outcomes for participants of diverse race, ethnicity, gender identity, age, and sexual orientation. In addition, Bozeman’s EIP will collect data on traffic stops and arrests by race/ethnicity, gender, and age. BRIDGERS Court will collect the same data on referrals, inductions, and graduations from the program. BRIDGERS Court leadership team will review the data quarterly and address gaps on an annual basis with input from community liaisons and stakeholders. Indigent Barriers to Participation - Participants are required to pay for their treatment. The case manager will connect participants with treatment funding resources. Participants can apply to the non-profit formed to support the mission of BRIDGERS Court for funding. If needed, participants can also apply to BRIDGERS Court for a waiver of fees and greater assistance with treatment. BRIDGERS Court is a post-conviction court and cannot enforce a complete payment of restitution before graduation. All participants will be required to follow payment plans for restitution and court fines at graduation. The sentencing courts are required by statute to give defendants reasonable payment options. Defendants can claim indigency and have fines and restitution waived or they can do community service in lieu of fines, fees, and restitution. 91 Page 9 of 20 Aftercare Planning - From point of entry into the BRIDGERS Court participants will plan for recovery management and graduation. During the program, they will focus on treatment and developing recovery capitol, a pro-social network, and a personal toolbox for handling setbacks. Before graduation, participants will present a recovery management plan to the treatment team. The treatment provider will provide a peer support specialist (PSS). The PSS will make contact with participants at 1 month, 3 months, 6 months, and 12 months post- graduation and, when indicated, facilitate referrals to aftercare services. The PSS, the coordinator, and the case manager will facilitate an aftercare group that meets monthly to provide a peer network for BRIDGERS Court graduates. Sustainability - BRIDGERS Court receives support from the cities of Bozeman and Belgrade as well as Gallatin County. A facilitator will work with BRIDGERS Court in the first and third year to develop a strategic plan including developing long-term sustainable funding streams. Following the grant, the court will be supported in part by these entities. The Court will also seek funding from the Montana Department of Transportation and State of Montana treatment court program. BRIDGERS Court will establish a non-profit to fund participants’ needs, ongoing training, and other needs not covered in the BRIDGERS Court budget. The State of Montana was recently awarded the Byrne State Crisis Intervention Grant. It is anticipated that there will be an application process and that the funds could be used to support treatment courts. The coordinator will monitor this process. Conformity with the State Drug Court Strategy – Montana uses a peer review process to ensure that treatment courts comply with EBP and Vol. 1 and Vol. 2 Drug Court Standards. BRIDGERS Court will follow the State Drug Court Strategic Plan which calls for courts to be reviewed for their use of EBP at least every three years, participate in a monthly treatment court 92 Page 10 of 20 coordinator’s call, and attend a biannual statewide training conference. The BRIDGERS Court will coordinate development and improvement efforts with the statewide drug court coordinator according to the Montana Drug Court Orientation Manual. Planning Phase Staffing - During the planning phase, the leadership team will include the treatment team (a municipal court judge, a defense counsel, a city prosecutor, a police liaison, a treatment provider, a case manager, a court coordinator, and a misdemeanor probation officer) and judges from other courts of limited jurisdiction in the county, police liaisons with other county police units, and city and county prosecutors from other limited Court jurisdictions in the county. The team will meet at least monthly during the planning phase to finalize the operations manual and supporting documents. The grant will support a .50 FTE Case Manager, and consulting contracts with defense counsel and the treatment provider. All other leadership team members will be supported by their respective agency’s salaries. Training - During the 6-month development period the treatment team will participate in Equity and Inclusion Training, Confidentiality Training, Motivational Interviewing, overdose prevention training, and a workshop designed to identify roles within the treatment team. In addition, the expanded leadership team will participate in a facilitated community mapping project to identify community resources. Additionally, the case manager and court coordinator will participate in Ohio Risk Assessment System (ORAS) training. BRIDGERS Court will prioritize additional training identified during the finalization of the Operations Manual, Participant Manual, and supporting documents. Community Engagement - BRIDGERS Court has developed a communication plan to guide community stakeholder outreach. This plan defines the goals and methods of community 93 Page 11 of 20 outreach and will be reviewed annually with the leadership team. The leadership team currently has representatives from both county agencies (Gallatin County Attorney’s Office and Gallatin County Court Services) and city agencies (City of Bozeman Police Department, City Attorney’s Office, Bozeman Municipal Court) as well as community partners (Cedar Creek Counseling Agency and private defense attorneys). It will add two community liaisons to the leadership team during the planning phase. Community Mapping - BRIDGERS Court leadership team will use information from the Criminal Justice Coordinating Committee Strategic Plan and Gallatin County Behavioral Health Coalition strategic plan to inform a facilitated community mapping activity during the planning phase of the grant. The case manager will develop a list of resources from this activity. The leadership team will annually review the community mapping activity and the case manager will then update the resource list. Implementation Phase Referral, Screening, and Assessment - The court coordinator will receive the initial referral and schedule an intake appointment to gather information about charges. The DUI- RANT® will be administered at this appointment. The court coordinator will then coordinate a clinical assessment that includes a mental health screening and assessment for the efficacy of MAT. The participant will also be required to observe one court session. The coordinator will present the clinical assessment, the DUI-RANT® score, and any other supporting documentation to the treatment team for an eligibility decision. The treatment team, based on the eligibility criteria, will determine the applicant’s eligibility. The court coordinator will communicate this decision to the applicant and their defense attorney. The coordinator will then refer the applicant to the BRIDGERS Court’s defense attorney to review the contract. 94 Page 12 of 20 Eligibility Criteria - Applicants eligible for BRIDGERS Court must meet the following criteria: 1. Have an eligible charge in a court of limited jurisdiction in Gallatin County 2. Reside in Gallatin County 3. Be an adult (18 years of age or older) 4. Score HR/HN on the DUI-RANT® 5. Have an eligible charge (DUI 2nd, DUI 3rd or Aggravated DUI) 6. Not be registered as a sexual offender 7. Not be convicted of a violent offense as defined by Federal guidelines 8. Have treatment needs that the Court can meet while maintaining public safety If someone with a violent offense applies, they will be considered on a case-by-case basis. Federal grant funds will not be used to support their program in the BRIDGERS Court. Structure of the Treatment Court - BRIDGERS Court will be a post-conviction court. The incentives offered will be standardized across the jurisdictions participating in the treatment court. Failure to complete the court will result in a petition to revoke and a referral to the sentencing court. Length and phases of the program - BRIDGERS Court will have 5 phases. Participants will spend a minimum of 12 months in the BRIDGERS Program. Phase Length Homework/Tasks 1-Acute Stabilization 30 days Initial Case Plan with Relapse Prevention Plan 2-Clinical Stabilization 60 days Engage in Treatment Start MRT Initiate a prosocial support network 3-Adaptive Habilitation 105 days Stable Housing Stable Employment Update Case Plan 4-Social Habilitation 105 days Developing Sober Social Network Self-Care Plan 95 Page 13 of 20 Begin Recovery Management Plan 5-Continuing Care 60 days Update Case Plan/Create Recovery Management Plan Case Management Process - BRIDGERS Court participants’ progress will be guided by an integrated case plan. The participant and case manager will write this plan with input from the treatment provider, Ohio Risk Assessment System, and treatment team. This case plan will identify both treatment and ancillary needs and will be updated with the participant at two points during the program. When indicated, the case manager will help participants access support for mental health, medical, employment, vocational, parenting, and housing needs. Community Supervision - Gallatin County Court Services Misdemeanor Probation Officers (MPOs) and BRIDGERS Court case manager will provide community supervision. During the first two phases of the program, participants will receive case management from the BRIDGERS Court case manager. The MPO and case manager will meet jointly with participants in Phase 3 and then their case management will transfer to the MPO from phase 3 to 5. The Case Manager will have a maximum caseload of 40 treatment court participants. The MPOs have a caseload of 65. The case manager and MPOs will conduct virtual home visits. If a need is indicated the police liaisons will do home checks. Participants sentenced to misdemeanor probation will be monitored by misdemeanor probation as outlined in the sentencing order. Availability of Evidence-based Treatment - BRIDGERS Court will work with a licensed clinic that provides evidence-based treatment across the spectrum from Level 1.0 Outpatient Treatment to Level 2.1 Intensive Outpatient Treatment. There are two residential treatment facilities in Montana. BRIDGERS Court will facilitate in-patient treatment if recommended by the clinical assessment. BRIDGERS Court will address decision-making skills through Moral Reconation Therapy (MRT). Both the case manager and court coordinator are certified to provide MRT. 96 Page 14 of 20 Recovery Support Delivery - Participants will begin recovery management planning when they develop the relapse prevention plan in Phase 1. They will develop sober social networks and self-care activities that support sobriety throughout the program. Participants will graduate with a well-developed recovery management plan that they will present to the treatment team. In addition, a PSS will offer an aftercare group that meets monthly for participants in phase 5 and graduates of the program. Post-graduation, the PSS will contact participants at 1-month, 3- month, 6-month, and 1-year intervals and facilitate needed referrals. Judicial Supervision - Status hearings will be held biweekly. The judge is responsible for monitoring behavior and offering incentives and sanctions. She receives updates on each participant during the confidential staffing meeting preceding court. She will use Motivational Interviewing when interacting with participants for at least 3 minutes each. Her incentive and sanction decisions will be informed by team input, an incentive and sanctions grid based on research in the treatment court field, applicable statute, and policies and procedures. Therapeutic adjustments will be used with otherwise compliant participants who struggle with sobriety. Process for Testing - During the first 90 days participants will be required to submit to continuous alcohol monitoring along with random UAs. Following that, participants will participate in a color line with Gallatin County Court Services. They will be tested randomly at least 2x per week with the possibility of testing 7x per week (because the beginning of the week will reset randomly). Whenever possible the testing will be observed. There will be no testing on holidays, but EtG’s will be used randomly after holiday weekends. Incentives and Sanctions, Treatment Responses - The leadership team will develop procedures to analyze non-compliant participant behavior according to its severity and the participant’s ability to control the behavior. Incentives and sanctions will be imposed 97 Page 15 of 20 immediately after non-compliant behavior and determined by a grid that factors participant behavior and phase. Participants will be offered a chance to admit or deny any violations and will have the right to a hearing if they deny. The level of evidence required is a preponderance of evidence. Sanctions will not be issued to otherwise compliant participants who are struggling with sobriety. Instead, evidence-based therapeutic adjustments will be offered as recommended by the treatment provider. Graduation requirements and expulsion criteria - Participants graduate when they meet all the criteria for each phase. This will include a period of sobriety before graduation, completing MRT, presenting a recovery management plan to the team, and being current on any payment plans for fines/fees and restitution. A participant can be terminated for: • Failure to engage in the recommended treatment program • Failure to progress in treatment areas as evidenced by ongoing anti-social behaviors • New criminal charges • Tampering with a UA sample • Repetitive dishonesty • Abusive or violent behavior towards staff When the treatment team recommends termination, a hearing is scheduled. BRIDGERS Court defense counsel and prosecutor may present evidence. The judge determines the termination of the participant. If terminated, the participant is referred to the sentencing court. Fines/Fees and Restitution - Fines, fees, and restitution are the responsibility of the original sentencing court. To graduate, participants must be current with any payment plans. Required participant program fees will be used to offset the costs of the treatment court. If participants are unable to pay the program fees, they can apply to have those fees reduced or 98 Page 16 of 20 waived. Participants will also be able to apply for financial assistance from the non-profit established to support the BRIDGERS Court. Engaging Families - If integrated case plans indicate a need for parenting or couples support, the case manager will facilitate necessary referrals. In addition, families will always be encouraged to attend status hearings. This is an area that will be addressed in more detail during the 6-month planning period. Early Intervention - BRIDGERS Court is a post-conviction court. In accordance with EBP, BRIDGERS Court will aim to start participants within 50 days of their charge. A Gallatin Deputy County Attorney, a Bozeman City Prosecutor’s office, and two private Defense Attorneys have formed a subcommittee that will develop a list of accepted conditions for plea agreements to streamline case processing in the court system. Once referred, a defendant will receive an eligibility decision from BRIDGERS Court within 3 weeks. c. Capabilities and Competencies Training -The BRIDGERS Court leadership team completed the DUI Court Foundational Training in August 2022. Four members of the team also attended Montana’s State Drug Court Conference and two members attended the NADCP national conference in July of 2022. A defense attorney on the team attended the Office of the State Public Defender Treatment Court Training in February 2023. Team Composition Role Person Responsibilities Judge J. Colleen Herrington Provide judicial supervision of participant’s behaviors, leadership of the treatment team and the leadership team Coordinator Renee Boundy Facilitate treatment and leadership team, grant management; public outreach; administration; monitor recovery support services Case Manager Delaney Connor Develop and monitor treatment plan; case management; identify housing and family support resources 99 Page 17 of 20 Misd. Probation Michelle Jurkovski Community Supervision and case management; testing City Prosecutor Ashley Carroll Represent the interests of the state; preserve public safety Defense Attorney Eric Brewer and Herman Watson Represent the rights of the defendant Police liaison Captain Joe Swanson Assist with supervision, random checks on participants Treatment Provider Jessie Holton Provide and follow treatment plan; offer treatment recommendations to the team; conduct clinical assessments; consult on recovery support services. Evaluator Independent evaluator will collect and analyze data to determine adherence to the 10 key components Team Communication - The team will communicate daily using encrypted email, phone, and the Drug Court Information Management System (DIMS). Staffing notes will be disseminated the Monday afternoon before court via encrypted email. Participant-specific conversations will happen via phone and encrypted email. All leadership team members will have access to a Microsoft Team that contains program manuals and documents including the Operations Manual, Participant Manual, and other supporting documents. Treatment Partners - BRIDGERS Court has partnered with a treatment provider from Cedar Creek Integrated Health to support the development of the court. They have also provided community treatment representation to the Bozeman VETS Court. BRIDGERS Court will follow Bozeman’s Purchasing Policy to choose a licensed treatment agency. As indicated, the provider will be licensed or certified to provide evidence-based treatments listed on CrimeSolutions.ojp.gov. The treatment provider will appoint a representative to the treatment team. That representative will attend staffing and court and will provide a treatment plan that details the evidence-based treatments used for each participant. The treatment provider will contract with the BRIDGERS Court to provide aftercare services. BRIDGERS Court will partner with a MAT provider in the community to provide MAT. These two providers will work together to ensure best practices are met. 100 Page 18 of 20 Law enforcement and probation involvement - The team includes both a Misdemeanor Probation Officer (MPO) and Law Enforcement Officer (LEO). As members of the treatment team, MPOs will engage in the development and implementation of the participant case plan throughout the program. The case manager and MPOs will conduct virtual home visits. If ordered to MPO supervision, participants will be supervised through all phases. As members of the treatment team, LEOs attend staffing and court. LEOs can provide random home checks with PBTs when a need is indicated. Analytical Staff Members - The court coordinator will collect data from several sources for the leadership team to review. DIMS provides both program and participant analytics. In addition, BRIDGERS Court will use NDCI’s Equity and Inclusion Assessment to track the Court’s equity and inclusion data. The Bozeman EIP tracks arrest data based on race/ethnicity, age, and gender. This data will be compared with the race/ethnicity, age, and gender of participants who enter and complete BRIDGERS Court. The court coordinator will share data with the BRIDGERSs Leadership Team at the quarterly meetings. The court coordinator and case manager will complete self-assessments annually using the checklist provided by the Montana State Drug Court Coordinator. This self-assessment will evaluate adherence to the GP and EBP and will be reviewed annually by the leadership team. Adjustments to the Operations Manual will be made as needed. The court will also participate in the State of Montana’s Peer Review process. Finally, BRIDGERS Court will contract with an independent evaluator during the grant period to evaluate the fidelity of the program’s implementation. d. Plan for Collecting the Data Required for Performance Measures 101 Page 19 of 20 Performance management and evaluation plan – BRIDGERS Court Leadership team will meet 4 times a year during months that have 5 Tuesdays. At every meeting, the coordinator will share a brief program data update. Additionally, these meetings will address key program operations areas with the following schedule: Meeting Topic Data Sources Actions Quarter 1 Evidence-Based Practices Guiding Principles - Annual Self-Assessment - State of Montana Peer Review - Technical Assistance Site Visit - Grant Evaluator - DIMS (participant database) Analytics - Evaluate adherence to program model - Update Operations Manual Quarter 2 Diversity, Equity, and Inclusion Boundaries to Success - Bozeman Equity and Inclusion Project - DIMS Analytics - NDCI’s Equity and Inclusion Assessment - Address Equity and Inclusion Issues - Update Operations Manual Quarter 3 Community Mapping - Gallatin County Mental Health Coalition Strategic Plan - Criminal Justice Coordinating Committee Strategic Plan - Community Stakeholders - Gallatin County Community Health Needs Assessment - Identify and Address Boundaries to recovery - Update resource list Quarter 4 Communication Plan - Current communication plan - Identify and address issues with community outreach and engagement - Update communication plan Additionally, BRIDGERS Court will work with an independent evaluator the first year to set up an evaluation plan with data tracking, in the second and third year to monitor the evaluation plan and data tracking, and in the fourth year to complete an independent evaluation of the BRIDGERS Program. Equity and Inclusion in Program Entry – Participating Courts will provide defendants with qualifying charges information about the BRIDGERS Court. This information will also be 102 Page 20 of 20 available in Spanish. BRIDGERS Court staff will use the language line during the referral and screening process to accommodate non-English speakers. Public outreach to attorneys will contain educational information about equity and inclusion issues as well as the measures that BRIDGERS Court takes to address them. Finally, BRIDGERS Court will regularly analyze and address equity and inclusion issues in the referral and screening process. Reporting Responsibility – The Court coordinator will gather information from a variety of sources (DIMS, Bozeman EIP, and NDCI Equity and Inclusion Assessment tool) and use it to complete the quarterly Performance Management Tool. This will include the number of participants served by the program as compared to the target number of participants. 103 Year One 2023-2024 Year Two 2024-2025 Year Three 2025-2026 Year 4 2026-2027 Total Personnel 142200 1 0.5 FTE Case Manager 31200 32000 33000 34100 130300 2 Community Liaisons 2800 3000 3000 3100 11900 Fringe Benefits 45100 1 0.5 FTE Case Manager 10300 10600 10900 11300 43100 2 Community Liaisons 500 500 500 500 2000 Travel 54800 NADCP Annual Conference 12000 12000 12700 12400 49100 Grant Fiscal Management 3700 3700 Adv.Fiscal Management Training 2000 2000 Equipment 21700 Continuous Alcohol Monitoring 21000 21000 Cell Phone 700 700 Supplies 8000 Office Supplies 500 500 500 500 2000 Printing Program Materials 3000 3000 MRT Supplies 1800 1800 Outreach Materials 1200 1200 501100 Defense Counsel 11700 11700 11700 11700 46800 Treatment 26200 86000 86100 86100 284400 Program Evaluation 3400 1000 1000 13300 18700 DIMS (Participant Database)2500 2500 2500 2500 10000 DUI RANT (Assessment Software)1250 1250 1250 1250 5000 Cell Phone 600 700 600 700 2600 Continuous Alcohol Monitoring 4900 7400 10000 12400 34700 Language Line 1300 2600 2600 2600 9100 Training 21000 6000 6000 6000 39000 Clinical Assessments 3000 4500 9000 3000 19500 DASSE (Sober Social Activities)10200 11900 13200 14700 50000 107000 Conference Registration 4500 4500 4500 4500 18000 Testing (Urinalysis)5000 12900 15600 19500 53000 Transportation Support 2000 6000 8000 10000 26000 Video PSA's for outreach 5000 5000 10000 Totals 191250 219550 237650 250150 898600 Adult Court Discretionary Grant 4 Year Budget Summary Consultants/Contracts Other 104 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Engineer II Shawn Kohtz, City Engineer SUBJECT:Authorize the City Manager to Sign a Notice of Award to Omdahl Excavation & Utilities, Inc. for the Construction of the 2022 3rd, 4th, and 5th Avenue Water Renovations Project MEETING DATE:April 11, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the Notice of Award to Omdahl Excavation & Utilities, Inc. for the total combined schedule 1 and 2 bid in the amount of $1,780,840.00 STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of the bid results for the above mentioned project. The project generally includes: Replacement of existing water mains consisting of 6” asbestos concrete, 6” cast iron, and 4” cast iron. The mains are located within: N 4th and 5th Ave from W Peach St to W Villard St, N 3rd St from W Peach St to W Lamme St, W Peach St from N 5th Ave to N 3rd Ave, and W Villard St from N 6th Ave to N 3rd Ave. These mains are to be replaced with approximately 4839 linear feet of 8” ductile iron water main and appurtenances. Additional work includes replacement of existing 10-inch cast iron water main located in the W Beall St intersection with N 3rd Ave with approximately 52 linear feet of 10-inch ductile iron pipe. The purpose of this work is to replace the City water main generally back in its existing location which will improve reliability and maintenance operations for City Staff. Bids for the above-referenced project were opened on March 08, 2023 with 2 bids submitted. The lowest bid was submitted by Omdahl Excavation & Utilities, Inc. in the amount of $1,780,840.00 for the total combined Schedule 1 and Schedule 2 bid. The bid tabulation for the project is attached. In addition to the contract price $20,000.00 has been added for materials testing. UNRESOLVED ISSUES:None ALTERNATIVES:Disapprove 105 FISCAL EFFECTS:This project will be paid for with approved funding from the annual water replacement fund for fiscal year FY24 and a grant from the American Rescue Plan Act of 2021. Attachments: 14-NoticeOfAward Bid Sheet - 2022 3rd, 4th, and 5th Ave Water Renovations Rebid Rebid BidWorksheet_8391211_Eval Report compiled on: March 27, 2023 106 NOTICE OF AWARD Dated: __________________ TO: Omdahl Excavation & Utilities, Inc. ADDRESS: 659 Morning Mist Road, Manhattan, MT 59741 PROJECT: 2022 3rd 4th and 5th Avenue Water Renovation CONTRACT FOR: 2022 3rd 4th and 5th Avenue Water Renovations You are notified that your Bid opened on March 08, 2023, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: 2022 3rd 4th and 5th Avenue Water Renovation. The Contract Price of your Contract is: One Million Seven Hundred Eighty Thousand Eight Hundred Forty Dollars & 00/100 ($1,780,840.00). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. One (1) set of the contract Documents will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date you receive this Notice of Award: 1. You must deliver to the OWNER Three (3) fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (Article 20), and the General Conditions (paragraph 5.01). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (Article 5) and Supplementary Conditions (paragraphs SC-5.04 and SC-5.06). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you two fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________ BY: ____________________________ (CITY MANAGER) (CITY CLERK) DATE: _______________________________ 107 NAME & ADDRESS Contractor License # Bid Price Omdahl Excavation & Utilities 659 Morning Mist Rd Manhattan, MT 59741 37068 Yes Yes $ 1,686,436.00 Timberlake Construction 20550 N Whittier Dr Greenleaf, ID 83626 268564 Yes Yes 1,849,239.00$ Mike Maas Karl A. Johnson City Clerk Engineer Bid Check:Delivered to Finance:Accepted By:Date: 1 2 3 4 City of Bozeman BID - 2022 3rd, 4th, & 5th Ave Water Renovations Rebid NON- DISCRIMINATION BID BOND DocuSign Envelope ID: ABC51446-8C4B-4EF1-90E9-4E3BAE0B89FC 108 2022 3rd 4th and 5th Avenue Water Renovation Rebid (#8391211)Owner: Bozeman MT, City ofSolicitor: Bozeman MT, City of03/08/2023 03:00 PM MSTEngineer EstimateOmdahl Excavation & Utilities, Inc.Timberlake ConstructionSection Title Line Item Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price ExtensionSchedule 1$1,414,446.00 $1,656,436.00 $1,819,239.00101 101 Taxes, Bonds, Insurance LS 1 $30,000.00 $30,000.00 $58,000.00 $58,000.00 $65,000.00 $65,000.00102 102 Mobilization LS 1 $80,000.00 $80,000.00 $85,000.00 $85,000.00 $135,000.00 $135,000.00103 103 Connect to Existing Main Ea 9 $2,500.00 $22,500.00 $2,500.00 $22,500.00 $2,750.00 $24,750.00104 104 8" MJ Gate Valve w/ Valve Box Ea 29 $3,000.00 $87,000.00 $4,500.00 $130,500.00 $3,750.00 $108,750.00105 105 10" MJ Gate Valve w/ Valve Box Ea 2 $3,500.00 $7,000.00 $5,000.00 $10,000.00 $7,330.00 $14,660.00106 106 8" x 6" MJ Reducer Ea 4 $850.00 $3,400.00 $1,000.00 $4,000.00 $2,700.00 $10,800.00107 107 8" x 4" MJ Tee Ea 1 $1,200.00 $1,200.00 $1,500.00 $1,500.00 $1,250.00 $1,250.00108 108 8" x 6" MJ Tee Ea 6 $1,300.00 $7,800.00 $1,600.00 $9,600.00 $1,500.00 $9,000.00109 109 8" x 8" MJ Tee Ea 4 $1,400.00 $5,600.00 $1,600.00 $6,400.00 $2,500.00 $10,000.00110 110 8" x 8" MJ Cross Ea 3 $2,200.00 $6,600.00 $2,250.00 $6,750.00 $2,500.00 $7,500.00111 111 10" x 8" MJ Cross Ea 1 $2,500.00 $2,500.00 $2,750.00 $2,750.00 $3,200.00 $3,200.00112 112 90 Degree MJ Bend Ea 1 $1,000.00 $1,000.00 $1,100.00 $1,100.00 $1,700.00 $1,700.00113 113 8" MJ Cap Ea 1 $500.00 $500.00 $750.00 $750.00 $1,400.00 $1,400.00114 114 8" Class 51 Ductile Iron Pipe Ln Ft 4839 $88.00 $425,832.00 $110.00 $532,290.00 $105.00 $508,095.00115 115 10" Class 51 Ductile Iron Pipe Ln Ft 52 $93.00 $4,836.00 $140.00 $7,280.00 $145.00 $7,540.00116 116 Remove & Dispose Existing Asbestos Cement Pipe Ln Ft 2464 $46.00 $113,344.00 $20.00 $49,280.00 $23.00 $56,672.00117 117 Service Reconnection Within Trench 2" & Smaller Ea 87 $900.00 $78,300.00 $1,000.00 $87,000.00 $1,500.00 $130,500.00118 118 Service Reconnection Within Trench 4" & Larger Ea 1 $2,000.00 $2,000.00 $4,200.00 $4,200.00 $10,500.00 $10,500.00119 119 Service Reconnection Beyond Trench 2" & Smaller Ln Ft 31 $90.00 $2,790.00 $160.00 $4,960.00 $188.00 $5,828.00120 120 Fire Hydrant 6.0' BuryEa 1 $6,500.00 $6,500.00 $7,500.00 $7,500.00 $8,500.00 $8,500.00121 121 Fire Hydrant 7.0' BuryEa 2 $6,500.00 $13,000.00 $7,800.00 $15,600.00 $10,500.00 $21,000.00123 123 Connection to Existing Hydrnat Ea 3 $2,000.00 $6,000.00 $1,500.00 $4,500.00 $4,500.00 $13,500.00124 124 Remove Existing Hydrant Ea 2 $1,000.00 $2,000.00 $1,000.00 $2,000.00 $3,500.00 $7,000.00125 125 Insulation Ln Ft 4402 $12.00 $52,824.00 $28.00 $123,256.00 $15.00 $66,030.00126 126 Import Trench Backfill Cu Yd 724 $35.00 $25,340.00 $60.00 $43,440.00 $28.50 $20,634.00127 127 Flowable Fill Pipe Crossing Ea 14 $250.00 $3,500.00 $1,800.00 $25,200.00 $2,800.00 $39,200.00128 128 Traffic Control LS 1 $40,000.00 $40,000.00 $72,000.00 $72,000.00 $85,000.00 $85,000.00129 129 Asphalt Surface Restoration Sq Yd 3226 $80.00 $258,080.00 $80.00 $258,080.00 $105.00 $338,730.00130 130 Temporary Water System LS 1 $120,000.00 $120,000.00 $76,000.00 $76,000.00 $85,000.00 $85,000.00131 131 Locate & Repair Sewer Service Ea 5 $1,000.00 $5,000.00 $1,000.00 $5,000.00 $4,500.00 $22,500.00Miscellaneous Work$25,000.00 $25,000.00 $25,000.00132 132 Miscellaneous Work Ea 25000 $1.00 $25,000.00 $1.00 $25,000.00 $1.00 $25,000.00Schedule 2$82,016.00 $94,404.00 $101,291.00204 204 8" MJ Gate Valve w/ Valve Box Ea 1 $2,500.00 $2,500.00 $4,500.00 $4,500.00 $3,700.00 $3,700.00208 208 8" x 6" MJ Tee Ea 1 $1,200.00 $1,200.00 $1,600.00 $1,600.00 $1,500.00 $1,500.00209 209 8" x 8" MJ Tee Ea 1 $1,200.00 $1,200.00 $1,600.00 $1,600.00 $2,500.00 $2,500.00214 214 8" Class 51 Ductile Iron Pipe Ln Ft 290 $88.00 $25,520.00 $110.00 $31,900.00 $105.00 $30,450.00219 219 Service Reconnection Beyond Trench 2" & Smaller Ln Ft 87 $90.00 $7,830.00 $160.00 $13,920.00 $188.00 $16,356.00222 222 Fire Hydrant 7.5' BuryEa 1 $6,500.00 $6,500.00 $7,800.00 $7,800.00 $10,500.00 $10,500.00225 225 Insulation Ln Ft 48 $12.00 $576.00 $28.00 $1,344.00 $15.00 $720.00227 227 Flowable Fill Pipe Crossing Ea 1 $250.00 $250.00 $1,800.00 $1,800.00 $2,500.00 $2,500.00228 228 Traffic Control LS 1 $6,000.00 $6,000.00 $6,000.00 $6,000.00 $4,300.00 $4,300.00229 229 Asphalt Surface Restoration Sq Yd 193 $80.00 $15,440.00 $80.00 $15,440.00 $105.00 $20,265.00230 230 Temporary Water System LS 1 $15,000.00 $15,000.00 $8,500.00 $8,500.00 $8,500.00 $8,500.00Schedule 2 Miscellaneous Work$5,000.00 $5,000.00 $5,000.00232 232 Miscellaneous Work Ea 5000 $1.00 $5,000.00 $1.00 $5,000.00 $1.00 $5,000.00Base Bid Total:$1,444,446.00 $1,686,436.00 $1,849,239.00Total Combined Schedule 1 and Schedule 2 Bid:$1,526,462.00 $1,780,840.00 $1,950,530.00 109 Memorandum REPORT TO:City Commission FROM:Max Ziegler - Facilities Project Coordinator Jon Henderson - Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Nine dot Arts for Art Consulting Services MEETING DATE:April 11, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign professional services agreement with Nine dot Arts for art consulting services. STRATEGIC PLAN:5.2 Support for Public Art: Encourage and support partnerships for public art and other arts and cultural initiatives in the city. BACKGROUND:On November 10th, 2020 the City of Bozeman adopted Ordinance No. 2056 'An Ordinance of the City Commission of the City of Bozeman, Montana Establishing A Percent for Art Program and Amending Chapter 2, Article 6 of the Bozeman Municipal Code to Add Division 11, Public Art'. The purpose of this ordinance is to establish a Percent for Art Program for city-funded capital improvement projects and to provide for the funding, selection, and maintenance of public art and establish responsibilities relating to administering the Percent for Art Program. The purpose of the Percent for Art Program is to include works of art within certain city capital improvement projects equal to one percent (1%) of construction costs of the project. While adopted in 2020, the first eligible capital improvements project under this program will be the Bozeman Public Library Renovation project. Other upcoming eligible projects include the renovation of the Bozeman Swim Center, the construction of a new Fire Station #2, the renovation of the Lindley Center as well as renovation work at Bogert Pool. City staff evaluated several courses of action to implement this program, and recommended that the City contract with an established art consultant to provide services related to integrating art into preliminary architectural designs, lead the art selection process, and provide programmatic and policy advising for the execution of the City's Percent for Art program. Contracting with an outside art consultant will provide critical industry specific skills, knowledge and experience to ensure that selected art is of high quality, 110 diverse, and well suited for the installation location. Additionally their professional experience with municipal art programs will support the nascent Percent for Art program in developing processes and best practices. NINE dot ARTS was selected through a competitive qualification based evaluation process. The City of Bozeman published a Request for Qualification on December 11th, 2022 which attracted a number of responses from local and regional firms. A five person selection committee comprised of members of the Strategic Services Dept., Economic Development Dept. and the Library thoroughly evaluated the responses and found NINE dot ARTS to be the most qualified respondent. The recommendation of the selection committee was to enter a multi-year term contract with NINE dot ARTS to provide continuity across multiple projects subject to the Percent for Arts Program. Once under contract, NINE dot ARTS will immediately start work on the Public Library renovation project with a public art budget of $40,000. Additionally they will join the design teams of other active City construction projects to support the integration of public art into the architectural design of the buildings. It is anticipated that active and upcoming projects will have public art budgets totaling over $200,000 over the next four years. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Fiscal effects will be project dependent and funded from project budget, with 1% of eligible construction costs on projects identified as having a Percent for Art requirement. Of the 1% of construction costs allocated for the acquisition of public art, 64% of the funds will go directly to the purchase and framing of art, 11% will be allocated to installation costs, and the remaining 25% for consulting fees. Attachments: PSA - NINE dot ARTS - Art Consultant Services.pdf RFQ - Art Consultant - 1% for Art Program.pdf NINE dot ARTS_The City of Bozeman RFQ Submission.pdf Report compiled on: March 10, 2023 111 Version 8 30 21 Professional Services Agreement for Art Consulting Services Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS 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, NINE dot ARTS, 3734 Osage St, Denver, CO 80211, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 1st day of April, 2026, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: This scope of work is Exhibit A to the Professional Services Agreement to provide various professional and technical (other) services for City projects requiring art consultant services, as requested by the City of Bozeman. Specific projects requested to be completed will require authorization to proceed based on individual task orders issued by Jeff Mihelich, City Manager, or City of Bozeman Department Directors. The technical services provided include art consulting, art procurement and installation, art policy advising, or other similar consulting (other) services for the City of Bozeman. 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. 112 Version 8 30 21 Professional Services Agreement for Art Consulting Services Page 2 of 11 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’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. 113 Version 8 30 21 Professional Services Agreement for Art Consulting Services Page 3 of 11 Contractor agrees to give preference to artists who are bona fide residents of Montana. 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 construed to negate, abridge, or reduce any common-law or statutory rights of the City as 114 Version 8 30 21 Professional Services Agreement for Art Consulting Services Page 4 of 11 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:  Workers’ Compensation – statutory; 115 Version 8 30 21 Professional Services Agreement for Art Consulting Services Page 5 of 11  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 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. 116 Version 8 30 21 Professional Services Agreement for Art Consulting Services Page 6 of 11 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 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 117 Version 8 30 21 Professional Services Agreement for Art Consulting Services Page 7 of 11 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 Max Ziegler 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 Zachary Gilmore 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. 118 Version 8 30 21 Professional Services Agreement for Art Consulting Services Page 8 of 11 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 119 Version 8 30 21 Professional Services Agreement for Art Consulting Services Page 9 of 11 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. 21. Dispute Resolution: 120 Version 8 30 21 Professional Services Agreement for Art Consulting Services Page 10 of 11 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 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 121 Version 8 30 21 Professional Services Agreement for Art Consulting Services Page 11 of 11 than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than a term of five years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 122 EXHIBIT A 123 Exhibit A: Scope of Services Agreement CLIENT CONTACT: CONTRACTOR CONTACT: City of Bozeman 121 N. Rouse Ave. Bozeman, Montana 59715 NINE dot ARTS 3734 Osage Street Denver, CO 80211 Primary Contact: Max Ziegler – Facilities Project Coordinator Primary Contact: Zachary Gilmore – Business Development Manager Term: April, 2023 to April 1, 2026 Project Overview: Upon written notification from the City of Bozeman, NINE dot ARTS will provide the following services on a per project basis through the Agreement term: 124 Service Performance Details: Minimum timelines for project stages: ● Stage 1, 3 weeks ● Stage 2, 6 weeks ● Stage 3, 8 weeks NINE dot ARTS will advise on the feasibility of project schedules with requested accelerated timelines less than the minimum for each stage. Compensation: Compensation is determined as set forth under Ord. 2056, which governs the City’s Percent for Art Program. Specifically, 1% of eligible construction costs of city capital improvement projects over $500,000 to construct or remodel any public or city building, structure, park or any portion thereof, must be allocated for public art. Upon written notification to proceed from the City of Bozeman for a new project that falls within the City’s Percent for Art Program, and upon provision of the overall project budget, NINE dot ARTS will allot individual project budgets according to above requirements, and the following schedule: ● 64% Art & Framing* ● 11% Installation ● 25% Consulting Fees *If NINE dot ARTS determines a project can be completed on an accelerated timeline per the City of Bozeman’s request, a rush fee of $750/stage will be deducted from the art & framing budget. NINE dot ARTS will invoice the City of Bozeman for approved projects based on the following schedule: ● 50% Consulting Fees at time of project notification ● 50% Art & Framing at beginning of Stage 2 ● 50% Art & Framing, 25% Consulting Fees, 100% Installation at beginning of Stage 3 ● 25% Consulting Fees after installation 125 Page 1 of 23 REQUEST FOR QUALIFICATIONS (RFQ) ART CONSULTANT – 1% FOR ART PROGRAM CITY OF BOZEMAN Bozeman, MT City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 December 2022 126 Page 2 of 23 NOTICE IS HEREBY given that the City of Bozeman (City) is seeking qualifications from firms to provide art consulting services to support the City’s 1% for Art program. Copies of the Request for Qualifications are available on the City’s website at https://www.bozeman.net/government/city-clerk/bids-rfps-rfqs. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address below. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. Deliver RFPs via email to the City Clerk by January 20, 2023 at 2:00 PM MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. The email address for submission is: agenda@bozeman.net NON-DISCRIMINATION AND EQUAL PAY The City of Bozeman is an Equal Opportunity Employer. Discrimination in the performance of any agreement awarded under this RFQ on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. As such, each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. Failure to comply with the above may be cause for the City to deem the submittal non-responsive. 127 Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk (406) 582-2321, agenda@bozeman.net. Questions relating to the RFQ should be directed to: Max Ziegler, Facilities Project Coordinator, (406) 582- 2439, wziegler@bozeman.net. DATED at Bozeman, Montana, this December 11, 2022. Mike Maas City Clerk City of Bozeman For publication on: Sunday, December 11, 2022 Sunday, January 20, 2023 128 I. INTRODUCTION The City of Bozeman (Owner), is seeking qualifications from firms to provide art consulting services to support the City of Bozeman’s newly enacted 1% for Art program. The Owner intends to enter into a contract with the selected firm that will include providing art consulting and advising services related to the execution of the City of Bozeman’s 1% for Art program. Services to be provided include solicitation and procurement of public art, coordinating with project architects and managers to integrate public art into the design phases of construction projects, evaluating art proposals, and providing policy recommendations for the administration of the 1% for Art program. This RFQ shall not commit the Owner to enter into an agreement, to pay any expenses incurred in preparation of any response to this request, or to procure or contract for any supplies, goods or services. The Owner reserves the right to accept or reject all responses received as a result of this RFQ if it is in the Owner’s best interest to do so. This procurement is governed by the laws of the State of Montana and venue for all legal proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform services under this RFQ, all Submitters agree to be bound by the laws of the State of Montana and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc. II. SCOPE OF PROJECT - PROJECT BACKGROUND AND DESCRIPTION Introduction The City of Bozeman established a municipal Percent for Art Program in December 2020 through the adoption of Ordinance No. 2056. The program seeks to include public works of art into city-funded capital improvement projects by allocating 1% of construction costs towards the purchase of public art. The goals of the City of Bozeman Percent for Art Program are: A. Develop a public art program that is unique to Bozeman. B. Increase the understanding and enjoyment of public art by Bozeman residents. C. Invite public participation in the interaction with public spaces. D. Provide challenging employment opportunities for artists. E. Encourage collaborations between artists and architects and engineers. F. Support artist participation on design teams for planning public projects. G. Encourage a variety of art forms: temporary and permanent, object and event, single or dispersed locations. H. Spread commissions among a wide number of artists and strive for overall diversity in style, scale and intent. 129 The first City capital improvement project that this program will apply to is the currently ongoing renovation of the Bozeman Public Library and will be followed by the construction of the new Fire Station No. 2, which is currently in the design phase. It is expected that there will be several additional projects in the coming fiscal years which will be subject to the Percent for Art program. The City seeks to enter a multi-year term contract with the selected Art Consultant in order to provide continuity in program execution across several projects. III. SCOPE OF SERVICES A. Project Coordination o Meet with City Staff / Project Team, Architects and Contractors to integrate public art into the preliminary design of the construction project. o Advise on possible ways to incorporate public art, including possible locations, formats, themes, and example of types of art within each project’s Percent for Art budget. o Develop budget breakdown for the art procurement, from design through installation of the art. B. Artist Recruitment o Create and administer RFPs / Call for Artists in accordance with the City of Bozeman’s purchasing policy, Percent for Art Ordinance, and design decisions made in the project coordination phase. o Employ outreach strategies to ensure diversity, equity and inclusion in the selection process. o Conduct site visits for artists if necessary C. Artist Selection o Design, communicate, document, and lead the process of artist selection in accordance with the City of Bozeman Purchasing Policy. o Pepare a shortlist of artists and works of art for presentation to the Project Team and/or City Management and lead the final selection process. o Notify artists of selection outcome and develop a contract with the selected artist. D. Art Creation and Installation o Manage all aspects of art design, approval, fabrication and installation in coordination with the Project Team and artists. o Create documentation for the installed artwork(s), including artist background information, details of the artwork such as concepts, themes and materials. o Develop signage for installed art. IV. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS As the initial submittal to the Owners, RFQs MUST BE DELIVERED NO LATER THAN 2:00 PM, MOUNTAIN TIME, January 20, 2023, in PDF format by email addressed to: 130 Art Consultant – 1% for Art Program Bozeman City Clerk The email address for submission is: agenda@bozeman.net RESPONSES THAT ARE UNSIGNED OR SUBMITTED BEYOND THE DEADLINE SHALL NOT BE CONSIDERED AND SHALL BE REJECTED. A. Contact Information ALL QUESTIONS AND CONTACTS REGARDING THIS RFQ MUST BE SUBMITTED IN WRITING TO: Max Ziegler Facilities Project Coordinator (406) 582-2250 wziegler@bozeman.net Amendments to Solicitation Any interpretation or correction of this request will be published on the City’s webpage. The deadline for questions related to this document is 12:00 PM MST on Monday, January 16, 2023. B. Selection Timeline Advertising dates: December 11, 2022 and January 8, 2023 Receipt of RFQs: No later than 2:00 p.m. MST January 20, 2023 RFQ Review Complete by Committee: January 27, 2023 Interviews: February 3, 2023 Selection: February 10, 2023 With the exception of the advertising dates and advertised due date, the City reserves the right to modify the above timeline. V. SELECTION PROCEDURE A. STATEMENT OF QUALIFICATIONS Respondents must comply with the mandatory requirements provided in this solicitation. The selection process shall be conducted pursuant to all applicable Montana law including those criteria set forth in §18-8-204, MCA and applicable City policy. 1. Evaluation of RFQs. The selection committee shall consist of no less than three persons representing the City. The selection committee will review 131 conforming RFQ responses using the criteria listed above. RFQ responses that do not contain the required documentation will be deemed nonresponsive to this solicitation and may be rejected. 2. Revisions. Responses will be accorded fair and equal treatment with respect to opportunity for discussion and revision of responses, and such revisions may be permitted, after submissions and prior to award for the purpose of obtaining best and final responses. 3. Evaluation & Elimination. After evaluating all conforming responses based on the criteria herein the selection committee may eliminate one or more or all Respondents from further review if they do not meet the qualification criteria specified herein. Any Respondents eliminated by the selection committee, at any time, or for any reason, shall have no opportunity to make revisions or participate further in the selection process. 4. Interviews. After reviewing conforming RFQ responses, the selection committee may decide to schedule interviews with qualified respondents. Interviews will be held on February 3, 2023 at the Professional Building, 20 East Olive Street, Bozeman MT 59715. Each firm selected for interview will be notified of the specific time for their interview. The format of the interview will be left up to the proposing firm; however, interviews will be [45] minutes inclusive of questions from the selection committee, with 15 minutes between interviews for transitions and set up between Respondents. 5. Selection and Final Recommendation. The selection committee will tally the scores for the RFQ. At that time contract negotiations will take place between the City and successful Respondent. The City may negotiate a contract with the next highest ranked Respondent if a contract cannot be made. B. RFQ – FORM AND CONTENTS Deliver one (1) original digital copy (via email in PDF format), prepared as follows: i. General Instructions: a. RFQ responses must be signed by an officer or principal of your firm. b. RFQ responses must be contained in a single searchable PDF document not to exceed 20 pages total including whatever pictures, charts, graphs, tables, and text the firm deems appropriate to be part of the review of the firm's qualifications. A separate transmittal letter, cover page, cover sheets, and dividers are exempted from the page limit. c. Schedules may be submitted in addition to the page limit. ii. Firm Information: a. Experience. Respondent must demonstrate successful experience and capacity to act as a contractor on projects of similar size, type and complexity. Provide the name and location of each project, the client, and the contact person and phone number. Describe experience and qualifications of the professional 132 personnel to be assigned to this project. Describe your recent and current work for the City of Bozeman, if any. b. Firm Background. Provide information about the firm, including location. Describe the firm’s history. Include information identifying the firm’s annual volume of business, financial/bonding capacities, and speak to the firm’s stability in the marketplace. Information identifying the firm’s strengths and weaknesses along with special capabilities that may be appropriate to the Project will assist in the evaluation. c. Firm Workload. Provide the status of current and anticipated work within the firm in terms of time and magnitude for the anticipated Project schedule as it relates to availability of key personnel and your firm. Describe the firm’s capability to meet time and project budget requirements. d. Claims. At any time in the last ten (10) years has your firm been assessed and paid liquidated damages after completion of a project under a contract with a public owner? e. References. Provide detailed contact information for the Owner for at least five (5) project undertaken by your firm within the past five years. C. EVALUATION CRITERIA Qualifications will be evaluated by the Selection Committee who will individually score them out of a total of 100 possible points based on the criteria below.The scoring criteria and possible point values are: 1. Respondent’s experience with projects of similar size and design: Possible Points: 45 2. Firm’s Qualifications: Possible Points: 20 3. Capabilities to meet time schedule and project budget requirements. Possible Points: 15 4. Present and projected workloads: Possible Points: 5 133 5. Past projects/experience working with the City of Bozeman: Possible Points: 5 6. Office(s) location: Possible Points: 10 VI. FORM OF AGREEMENT The contractor will be required to enter into a contract with the City in substantially the same for as the professional services agreement attached as Attachment B. VII. CITY RESERVATION OF RIGHTS All proposals submitted in response to this RFQ become the property of the City and public records and, as such, may be subject to public review. A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE. A. This RFQ may be canceled or any or all responses may be rejected in whole or in part, as specified herein, when it is in the best interests of the City. If the City cancels or revises this RFQ, all Respondents who submitted will be notified using email. B. The City reserves the right to accept or reject any and all submissions; to add or delete items and/or quantities; to amend the RFQ; to waive any minor irregularities, informalities, or failure to conform to the RFQ; to extend the deadline for submitting proposals; to postpone award for up to 60 days; to award one or more contracts, by item or task, or groups of items or tasks, if so provided in the RFQ and if multiple awards are determined by the City to be in the public interest. C. The City reserves the right to reject the submission of any person/firm who previously failed to perform properly to the satisfaction of the City, or complete on time agreements of similar nature, or to reject the submission of any person/firm who is not in a position to perform such an agreement satisfactorily as determined by the City. D. The City reserves the right to determine the best qualified Respondents and negotiate a final scope of service and cost, negotiate a contract with another Respondents if an agreement cannot be reached with the first selected Respondents, or reject all proposals. 134 E. The successful Respondents will be required to enter into a contract with the City, which will incorporate the Respondents' scope of service and work schedule as part of the agreement. F. This RFQ does not commit the City to award a contract. The City assumes no liability or responsibility for costs incurred by Respondents in responding to this request for qualifications or request for interviews, additional data, or other information with respect to the selection process, prior to the issuance of an agreement, contract or purchase order. The Respondents, by submitting a response to this RFQ, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFQ. G. This project is subject to the availability of funds. VIII. NONDISCRIMINATION AND EQUAL PAY POLICY The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate form provided, that it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, sexual preference, gender identity, or disability in fulfillment of a contract entered into for the services identified herein and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts it enters into in the fulfillment of the services identified herein. Failure to comply with this requirement shall be cause for the submittal to be deemed nonresponsive. The City also requires each entity submitting under this notice shall affirm it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. IX. MISCELLANEOUS A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent of the City shall affect or modify any term of this solicitation. Oral communications or any written/email communication between any person and City officer, employee or agent shall not be considered binding. B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent agreement, or any other contract entered into as a result of this solicitation, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the respondent and the City. C. Employment Restriction and Indemnity. No person who is an owner, officer, employee, 135 contractor, or consultant of a respondent shall be an officer or employee of the City. No rights of the City’s retirement or personnel rules accrue to a respondent, its officers, employees, contractors, or consultants. Respondents shall have the responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums appurtenant thereto concerning its officers, employees, contractors, and consultants. Each Respondent shall save and hold the City harmless with respect to any and all claims for payment, compensation, salary, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums in any way related to each respondent’s officers, employees, contractors and consultants. D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons with sensory impairments. For further information please contact the ADA Coordinator Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301. E. Procurement. When discrepancies occur between words and figures in this solicitation, the words shall govern. No responsibility shall attach to a City employee for the premature opening of an SOQ not properly addressed and identified in accordance with these documents. F. Governing Law. This solicitation and any disputes arising hereunder or under any future agreement shall be governed and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. X. ATTACHMENTS The following exhibits are incorporated in this RFQ: Appendix A: Non-Discrimination Affirmation Appendix B: Sample Form of Public Services Agreement Contract Appendix C: Ordinance 2056 – Establishing Municipal Percent for Art Program END OF RFQ 136 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 137 Attachment B PROFESSIONAL SERVICES AGREEMENT THIS 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, ____________, _______________, 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 _____ day of ______________, 2022, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Contractor’s performance. 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. 138 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’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. 139 Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or 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. 140 Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically 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; 141  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 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 142 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. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be _________________ 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 143 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 _____________________ or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. 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. 144 Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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. 145 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 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. 146 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than - __________________________. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 147 Attachment C 148 Page 1 of 11 ORDINANCE NO. 2056 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA ESTABLISHING A PERCENT FOR ART PROGRAM AND AMENDING CHAPTER 2, ARTICLE 6 OF THE BOZEMAN MUNICIPAL CODE TO ADD DIVISION 11, PUBLIC ART. WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and Montana law to establish administrative programs designed to enhance and protect the public welfare; and WHEREAS, the City finds it promotes and protects the public welfare to enhance the beauty of public areas of the City; and WHEREAS, the City finds that such enhancement adds to the quality of life of the City’s citizens, attracts tourism, and encourages businesses and other organizations to locate in the City, adding to the City’s economic vitality. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the Bozeman Municipal Code be amended by adding a new division 11, Public Art, to Chapter 2, Administration, Article 6, Finance, as follows: 169 DocuSign Envelope ID: F417F015-F107-43B8-8320-38D7BDC49338 149 Ordinance 2056, Percent for Art Program Page 2 of 11 DIVISION 11. – PUBLIC ART 2.06.1960. – Title and purpose. This division shall be known as the “City of Bozeman Percent for Art Ordinance.” The purpose of this division is to establish a Percent for Art Program for city-funded capital improvement projects and to provide for the funding, selection, and maintenance of public art and establish responsibilities relating to administering the Percent for Art Program. The purpose of the Percent for Art Program is to include works of art within certain city capital improvement projects equal to one percent (1%) of construction costs of the project. 2.06.1970. – Percent for Art Program established. There is hereby established a Percent for Art Program. The city manager or their designee shall be responsible to administer the Percent for Art Program as described in this division and in 2.05.1420. The City shall endeavor to develop a collection of public art of high quality, encompassing a broad aesthetic range reflecting the city, in order to improve the quality of life in the area, be accessible to all individuals, and be a source of pride to residents. A. The Percent for Art Program shall apply to both new and remodeled city-owned public spaces and structures. B. The following categories of projects are exempt from the Percent for Art Program requirements: 1. Water, stormwater, or wastewater facilities, except for office buildings. 2. Street construction and repair; public right of way improvements, such as curb, sidewalk, trails, pedestrian pathways, and traffic control facilities; and landscaping. C. The Percent for Art Program requires one percent (1%) of eligible construction costs of city capital improvement projects over $500,000 to construct or remodel any public or city building, structure, park or any portion thereof, to be allocated for public art. No less than eighty percent (80%) of the one percent appropriation will be used for on-site artwork; up to twenty percent (20%) of this one percent shall be held in a public art operations fund to be used for program administration and maintenance of the art, as determined necessary by the city manager to carry out the provisions of this division. 170 DocuSign Envelope ID: F417F015-F107-43B8-8320-38D7BDC49338 150 Ordinance 2056, Percent for Art Program Page 3 of 11 D. The art may serve a function, express a theme, or commemorate an important person. It may underscore or provide a counterpoint to the architecture and surrounding site. It may serve as a landmark that adds definition to the city. E. The city manager is authorized to adopt such additional processes and policies by Administrative Order not inconsistent with this division 11 as they may deem necessary to implement the Percent for Art Program in accordance with the objectives of this division. 2.06.1980. – Objectives. The Percent for Art Program objectives include: A. Develop a public art program that is unique to Bozeman. B. Increase the understanding and enjoyment of public art by Bozeman residents. C. Invite public participation in the interaction with public spaces. D. Provide challenging employment opportunities for artists. E. Encourage collaborations between artists and architects and engineers. F. Support artist participation on design teams for planning public projects. G. Encourage a variety of art forms: temporary and permanent, object and event, single or dispersed locations. H. Spread commissions among a wide number of artists and strive for overall diversity in style, scale and intent. 2.06.1990. - Definitions. A. “Architect” is the person or firm designing the project to which the one percent (1%) funding applies. Where the architect is a firm, the term architect shall mean the principal of that firm in charge of designing the project for which the one percent (1%) funding applies. B. “Artist” is a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and recognized ability who produces artworks and is not a member of the project architectural/design firm. C. “Artwork” includes but is not limited to, paintings, murals, inscriptions, stained glass, fiber work, statues, reliefs or other sculpture, monuments, arches, or other structures 171 DocuSign Envelope ID: F417F015-F107-43B8-8320-38D7BDC49338 151 Ordinance 2056, Percent for Art Program Page 4 of 11 intended for ornament or commemoration. Also included are carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, crafts, both decorative and utilitarian in clay, fiber, wood, metal, glass, plastics and other materials. Landscape items include the artistic placement of natural materials or other functional art objects. Artwork may be portable as well as permanently sited. D. “Capital Improvement Plan” (CIP) means the annual capital improvement plan adopted for city-financed public improvement projects. E. “Capital Improvement Project” means any public works project undertaken by the city to construct or remodel any public or city building, structure, park or any portion thereof. F. “Construction Cost” is the contracted sum for construction of the designated project including any change orders included in the initial contract notice of award. Construction costs do not include costs such as professional fees, cost of land, rights of way and financing. G. “Contractor” is any firm, individual, joint venture or team of firms or individuals with which the city contracts for design, engineering, or construction services. H. “Deaccessioning” is a procedure for the withdrawal of an artwork from the public collection. I. “Eligible Construction Cost” is that portion of the construction cost of any capital improvement project paid for solely by the city to construct or remodel any building, decorative or commemorative structure, parking facility, park, recreational facility, or any portion thereof, located on city property, provided that the source of funds for such project(s) is not restricted by law or regulation as to its use for artworks. J. “Maintenance” is the periodic work on a facility or asset required to maintain its original functionality. K. “Remodel” is work required to substantially change or enhance the functionality of a facility. 2.06.2000. – Procedure to select public art for eligible projects. A. Upon adoption of the capital improvement plan the finance director will identify all projects for which the Percent for Art Ordinance applies. 172 DocuSign Envelope ID: F417F015-F107-43B8-8320-38D7BDC49338 152 Ordinance 2056, Percent for Art Program Page 5 of 11 B. All Percent for Art Program projects, whether they are permanent or temporary artworks, will be developed to respond to a specific site or building location, with the exception of artworks that are conceptually intended to circulate among various sites or facilities within the project area. C. The selection of artist(s) who will provide art integral to the project will be made as early in the conceptual design stage as practical, so artist(s) will be able to work with the contractor from the beginning of the project. D. The city manager or their designee is responsible for identifying, investigating, and selecting the artist(s) or artwork(s). For each project, the city manager or their designee will develop a formal structure in which to select, develop and maintain public art as well as further public accessibility to the arts in accordance with the objectives of the Percent for Art Program. The city manager may choose to work in cooperation with an independent contractor or nonprofit arts organization in the selection process. E. The city manager or their designee shall work with city staff and/or the independent contractor or nonprofit arts organization to analyze and discuss appropriate locations, suitable art forms, artists’ prerequisites, and specifics of artist/artwork selection process. F. A call for artists, request for proposals, or other form of advertisement as provided by the city’s procurement policy will be prepared by city staff and/or the independent contractor or nonprofit arts organization and advertised by the city clerk. The proposals will be evaluated by the city manager or their designee. The city manager may form a selection committee for this purpose. If the city manager has enlisted an independent contractor or nonprofit arts organization to assist in the selection process, that contractor or organization will evaluate the proposals and make a recommendation regarding the final selection to the city manager. The city manager will make the final selection determination. G. In the response to the city’s request for proposals, artists must include information relating to the proposed artwork’s lifecycle. H. The city manager is responsible for providing staff and other resources to meet the city’s obligations under this division. In the event of a disagreement as to whether an expense is eligible pursuant to 2.06.2020, the city manager shall make the final determination. 173 DocuSign Envelope ID: F417F015-F107-43B8-8320-38D7BDC49338 153 Ordinance 2056, Percent for Art Program Page 6 of 11 I. Contractors invited to submit a proposal for an applicable construction or renovation project shall be advised of the requirements of this division. The contractor shall work closely with the city manager or their designee on the designation of appropriate sites and shall incorporate the artist’s or artwork’s special requirements within the construction documents, including the time of delivery and installation of the artwork. The selected artwork must be placed so that it is the public view. J. Artists will be selected in accordance with the city’s procurement policy, on the basis of their qualifications as demonstrated by past work, appropriateness of the proposal to the particular project, and its probability of successful completion as determined by the selection committee. K. The city has the option of making no selection. If no proposal is accepted, the city has the right to reopen the competition or to propose other methods of selection. L. Upon the selection of an artwork, the artist shall enter into a contract with the city for the artist’s services or for the purchase and installation of the artwork. This contract shall require the artist to produce or deliver the artwork for a price guaranteed to be no greater than the maximum contracted cost, and shall require the transfer of all rights in and to the artwork to the city, including all intellectual property rights. The contract must be reviewed by the city attorney. M. Where the city manager determines that an expenditure for a specific artwork is inappropriate, the city manager may approve the transfer of those funds to another Percent for Art project. 2.06.2010. – Criteria for selection of artwork(s). A. In making the final selection, the city shall be guided by the goals and purposes of this ordinance and the criteria set forth in this document and any regulations promulgated to fulfill the criteria. B. Each proposed artwork will also be evaluated as to its artistic excellence, appropriateness in terms of scale, material and content relative to the immediate and general architectural, social and historic context; technical feasibility; and long term durability against vandalism, weather, and theft. Consideration must be given to materials, construction, durability, maintenance costs, public access and safety. 174 DocuSign Envelope ID: F417F015-F107-43B8-8320-38D7BDC49338 154 Ordinance 2056, Percent for Art Program Page 7 of 11 2.06.2020. – Conflict of interest. A. No artist sitting on a nonprofit arts organization’s board of directors may submit for Percent for Art projects over which that organization has approval authority or administrative responsibility during his/her tenure. B. No staff member of a nonprofit arts organization or member of a staff member’s household may submit for Percent for Art projects over which that organization has approval authority or administrative responsibility. C. No artist sitting on a selection committee may submit for the project for which the committee was formed. D. The selection process must comply with the Code of Ethics, article 3, division 4 of this chapter. 2.06.2030. - Eligible expenses for the Percent for Art Program. A. Appropriations for Percent for Art Program projects may be spent for: 1. The artwork itself, including but not limited to: a. Artist’s design fees. b. Additional labor and materials required for production and installation of the artwork. c. Artist’s operating costs. d. Travel related to the project. e. Transportation of the artwork to the site and installation. f. Any required permitting fees. 2. Identification plaques and labels. 3. Frames, mats, mountings, anchorages, containments, pedestals, or materials necessary for the installation, location or security of the artwork. 4. Photographs of completed artworks. 5. Communication and other indirect costs including insurance. 6. Expenses for special advisors or consultants. 7. Historical artifacts displaced by construction. 175 DocuSign Envelope ID: F417F015-F107-43B8-8320-38D7BDC49338 155 Ordinance 2056, Percent for Art Program Page 8 of 11 8. Expenses related to the administration of carrying out the directives of this division, including but not limited to: a. Technology services and subscriptions (e.g., a web-service for promoting an art- call). b. Advertising, publicity, promotion, and invitation expenses. c. Expenses related to public events related to artwork (e.g., rental of public address equipment and catering expenses). d. Due diligence expenses required for the responsible consideration of artwork (e.g., engineering or environmental consultation). e. Expenses related to augmenting artwork (e.g., addition of lighting, landscaping or general enhancements to artwork), if such components are not included in the artwork itself. B. Appropriations for Percent for Art Program projects may not be spent for: 1. Reproduction, by mechanical or other means, of original artworks, except in cases of film, video, photography, printmaking or other media arts. 2. Those elements generally considered to be components of a landscape architectural design or landscape gardening. 3. “Art objects” which are mass produced of standard design, such as playground sculptures. 4. Directional or other functional elements, such as supergraphics, signs, color coding, maps, etc. except where a recognized artist is employed. C. The city manager shall make the final determination of the eligibility of a particular expense. 2.06.2040. – Public Art Management/Maintenance. A. All artworks remain under the ownership of the city. Artworks will be insured for property damage in accordance with the city’s policies for insuring city property. B. The city will be responsible for the ongoing care and maintenance of all artworks purchased or commissioned pursuant to this division. C. The city manager or their designee shall inform the city attorney if an artwork is damaged or stolen. 176 DocuSign Envelope ID: F417F015-F107-43B8-8320-38D7BDC49338 156 Ordinance 2056, Percent for Art Program Page 9 of 11 D. Monies to maintain artworks shall come from the public art operations fund. 2.06.2050. – Deaccessioning. Deaccessioning will be considered only after a careful and impartial evaluation of the artwork within the context of the collection as a whole. At the beginning of the process, the city manager or their designee will make a reasonable effort to notify any living artist whose work is being considered for deaccessioning. The city manager may consider the deaccession of artwork for one or more of the following reasons in the event that it cannot be re-sited: A. The artwork has been damaged or has deteriorated and repair is impractical or unfeasible. B. The artwork endangers public safety. C. In the case of site-specific artwork, the artwork is destroyed by severely altering its relationship to the site. D. The artwork requires excessive maintenance or has faults of design or workmanship. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full force and effect. 177 DocuSign Envelope ID: F417F015-F107-43B8-8320-38D7BDC49338 157 Ordinance 2056, Percent for Art Program Page 10 of 11 Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. This ordinance shall be codified as indicated in Section 1. Section 6 Effective Date. This ordinance shall be in full force and effect 30 days after final passage and approval. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 27th day of October, 2020. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk 178 DocuSign Envelope ID: F417F015-F107-43B8-8320-38D7BDC49338 158 Ordinance 2056, Percent for Art Program Page 11 of 11 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 10th day of November, 2020. The effective date of this ordinance is December 10, 2020. ________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney 179 DocuSign Envelope ID: F417F015-F107-43B8-8320-38D7BDC49338 159 THE CITY OF BOZEMAN OUR STATEMENT OF QUALIFICATIONS FOR 1160 3 FIRM BACKGROUND 16 PROJECT TEAM 20 PROJECT EXPERIENCE 27 REFERENCES table of contents 2161 Dear Mr. Maas, With over a decade of award-winning expertise in art curation, consulting, and community art planning (“art master planning”), our NINE dot ARTS team is pleased to present our qualifications to provide art consulting services in support of the City of Bozeman’s 1% for Art Program. Our firm has deep knowledge and expertise about the current and generational impacts of a city’s public art program, as well as comprehensive strategic consulting, public engagement, and project management skills that can propel ideas into reality. We’re confident that NINE dot ARTS can help deliver incredible outcomes that improve the vitality of the City of Bozeman. As a certified DBE, W/MBE, and SBE company, NINE dot ARTS offers unmatched experience that spans various business categories. Our services include everything from art curation and commission management to widespread artist outreach, art location planning, budget development, architectural integration, contract administration, stakeholder consensus building, fulfillment of public art requirements, and more. We have performed such services for commercial clients in the corporate office, hospitality, multifamily, and healthcare industries, as well as for municipalities and cities such as Denver’s River Mile Metropolitan District; the City of Kirkland, Washington; the Denver International Airport; the City of Wichita, Kansas; the Arapahoe Libraries Network; 6th Street in Austin, Texas; the River District in Charlotte, North Carolina; and more. Our team has successfully collaborated with artists, engineers, designers, developers, architects, fabricators, communities, city officials, and others to complete nearly 1,000 projects spanning 39 states and five countries. This work has allowed us to support hundreds of emerging and underrepresented artists and generate more than $40 million in revenue for the creative economy. Since our inception in 2009, our team has grown to include over 30 professionals with specialized expertise in art curation and consulting, art master planning, urban planning, community engagement, project management, facilitation of public-private partnerships, and more. Unlike many sole proprietors, we leverage our diverse team of experts to provide clients with robust service offerings and a holistic experience. Plus, we provide exemplary customer service as we oversee the entire art process, from artist recommendations and contract administration to city approvals and comprehensive project management. We do the heavy lifting to give you peace of mind, executing our projects on time and on budget, every time. And by partnering with artists and creatives who are local to the project site, we create one-of-a-kind places that honor local culture and history, bring pride to residents and visitors, and ensure much of the project budget is reinvested in the local creative community. This document provides the requested information about NINE dot ARTS, your proposed consulting team, examples of past projects, and other details that demonstrate our ability to successfully fulfill the City’s scope of services. We look forward to the opportunity to partner with the City and its residents to develop a robust public art program that can help shape Bozeman's evolution, improve the health of its residents and visitors, and grow its social, cultural, and financial capital for years to come. Thank you for considering us as your partner in placemaking. Sincerely, Molly Casey Chief Curator and Co-founder NINE dot ARTS molly@ninedotarts.com 3162 FIRM BACKGROUND 4163 • Nearly 1000 projects in real estate development across 39 states and 5 countries • Boutique hotels to 20,000-acre community art plans just the facts on NINE dot ARTS Over $40M in revenue generated for the creative economy since 2009 EXPERIENCE IMPACT NETWORK • Dotfolio, our proprietary artist database with 100,000+ artworks available for our curators to search • International creative community with 10,000+ artist relationships 5164 As a partner in placemaking, we help our clients transform spaces into one-of-a-kind experiences through the power of original art.Here’s how: COLLABORATIVE PROCESS We engage with the community to understand local culture and source artists who reflect it. By partnering with local artists and community leaders, we: • Draw positive attention for the project • Generate community goodwill • Reflect the culture and history of a place • Uplift local and emerging artists • Curate meaningful art collections with an authentic story Our proven creative process makes art curation a collaborative, efficient, and enjoyable working experience. And by being involved early, we help create spaces for bold, iconic artwork that would be impossible anywhere else. Plus, we do the heavy lifting to give you peace of mind. • Visioning and Roadmap • Community engagement • Research and curation • Art acquisition • Installation and engagement We hold ourselves accountable to ensure diversity, equity, inclusion, and belonging are core components of our firm’s ethos at every level. Our curated collections help clients demonstrate their DEIB values. • Certified W/MBE, SBE, and DBE firm • Support underrepresented artists • Honor the culture and history of a place CONNECTION TO COMMUNITY As a national art consultancy with over 30 specialists, we can support projects of any size and scale. Our size allows us to deliver quality, scope, and scale. • From boutique hotels to 20,000-acre community art plans • Comprehensive project management • On time, on budget, every time • Network of 10,000+ artists • Available nationwide COMMITMENT TO DEIB As your strategic partners, we understand your project’s brand, vision, and goals. And with this knowledge, we deliver. • Bring your brand to life • Connect to the community • Spark conversation • Create a sense of place STRATEGIC PARTNERSHIP A TEAM OF SPECIALISTS our company PILLARS 6165 COMMUNITY ART PLAN COMPONENTS: COMPREHENSIVE RESEARCH: • Situational analysis of industry trends and demographic landscape • Policy analysis of past arts and cultural plans • Arts and culture inventory • Benchmark studies • Historical context • Synthesis of surveys, focus groups, and interviews • Cultural asset mapping • Vision development workshops ROBUST RECOMMENDATIONS: • Mission, vision, and guiding principles for programming • Financing and organizing strategies • Management of percent-for-art requirements • Recommendations for the public art selection process including artist RFQ/RFP development and suggested art typologies, criteria, and locations • Committees dedicated to implementing the plan • Metrics for evaluating implementation • And more • Public/Private Partnerships • Government Agencies • Cities • Municipalities • Communities • Universities • Nonprofit Organizations • Arts And Cultural Coalitions NINE dot ARTS develops extensive community art plans (traditionally called “art master plans”) for large-scale developments, municipalities, cities, and communities big and small. These plans vary by project but can include anything from guidance for art and cultural programming to artwork financing and selection strategies. From community engagement to financing and implementation, our comprehensive community art plans have helped public and private sector clients around the country develop memorable, art-filled places that support cross-cultural connections, economic development, and community wellbeing. PAST COLLABORATORS: community art planning OVERVIEW 7166 NINE dot ARTS has generated over $40 million for the creative economy by collaborating artists who are local to the places we work in - as we intend for the City of Bozeman. Doing so allows much of the project budget will be reinvested back into the local creative community, thereby providing career-building opportunities and strengthening connections among the local arts ecosystem. Our award- winning curatorial work demonstrates that investing in art is not only good business, but good for employees, visitors, and society at large. OUR FIRM’S PROJECT EXPERIENCE INCLUDES: • public spaces • mixed-use developments • hospitality • commercial offices • multifamily residential properties • healthcare • universities • and life sciences facilities COLLABORATION AND PARTNERSHIPS WITH: • artists and fabricators • developers/designers/architects • government agencies • communities • municipalities • and cities The following pages explain our proven four-stage process for art curation and our expertise in commissioning high-impact, site-specific art installations. art curation & COMMISSIONING 8167 art curation OVERVIEW When it comes to curating an art collection, our team of specialists guides clients through a collaborative four-stage process with a proven track record for success, culminating in a high-quality art experience delivered on time and on budget. From vision development to art installation and everything in between - we do the heavy lifting to give you peace of mind. PROVEN PROCESS + CLIENT DELIVERABLES 9168 our comprehensive SERVICES As art consultants, we're your partners in developing a thoughtful plan that culminates in a unique art experience and connects your audience to your brand story. As curators, we find talented artists who create the perfect art collection for your space. Unlike art galleries or brokers with limited inventories, NINE dot ARTS works with artists from around the world to help clients fill varied spaces with murals, multimedia installations, and everything in between. Our comprehensive services deliver incredible outcomes that support local artists, spark conversation, reflect community culture, and bring value to developers. 10169 About 75% of the artwork we curate for our public and private sector clients is original or commissioned work - all of which we contract, acquire, and install on time and within budget. Here’s how: 1. We first identify the art locations that are most fitting for commissioned pieces, thinking critically about the experience our clients are trying to create. 2. We research artists whose practice, style, and artwork align with creating that experience. We tap into the local creative community, attend exhibitions and artist events, and connect with nearby universities, organizations, and institutions to find local talent. 3. We gather a list of artists (often via administration of a public request for qualifications/proposals) who have the necessary experience to meet the scope of the project. We create a scoring system and organize a portfolio review to learn more about their practice, availability, timeline, and pricing. 4. With the client’s support, we select a short list of artists to create a custom design solution for the identified art location. Each artist receives a stipend for their design, and then presents their solution either virtually or in-person to our team and the client. Presentations may include tailored questions for artists to understand the extent of their experience on similar public art projects, determine if their art submission is structurally sound and of low maintenance, ensure their design is suitable for the space, and more. 5. Following all presentations, our team convenes the necessary project stakeholders to review and select the final design for each art location. Altogether, our team oversees the entire commission process, from researching artists to selecting and contracting the final artwork. We also provide the client with timely progress photos and updates at 30%, 60%, and 90% of artwork completion. With all commissioned work, we aim to select artists who are experienced and qualified, yet could reap career-building benefits from this kind of high-impact professional opportunity. art COMMISSIONS art curation &commissioning experience 11170 NINE dot ARTS, Corp Type of Business: S-Corporation Certifications: DBE, W/MBE, and SBE Number of Years in Business: 13 Offices: Denver Headquarters 3734 Osage St Denver, CO 80211 Seattle Office 3146 Portage Bay Place E Unit G Seattle, WA 98102 Claims:NINE dot ARTS have never been assessed, nor paid liquidated damages after completion of a project under a contract with a public owner. Volume of Business, Financial Capacities, and Stability in the Marketplace: NINE dot ARTS is closely tied to new construction starts and the AEC industry as a whole. We can confidently generate stable cash flows and returns in any construction environment due to our diversification within the industry. In 2022, we had significant sales across various industries and market segments: Multifamily (31%), Hospitality (28%), Government (18%), Corporate Office (15%), Mixed Use (6%) and Other (2%). Further, we are geographically diversified with 2022 sales across the United States: Mountain West (53%), Midwest (22%), Southeast (9%), West Coast (9%) and Southwest (6%). Our revenue in 2022 totalled $5,012,000.000. Non-Discrimination and Equal Pay: NINE dot ARTS does not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability. We recognize any contract with the City of Bozeman will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to NINE dot ARTS. Additionally, NINE dot ARTS agrees to abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), as well as the “best practices” outlined by the State of Montana for Equal Pay for Equal Work. company PROFILE 12171 client LIST REAL ESTREAL ESTAATETE 303 Investors, LLC Aimco Akara Partners Alexan, Downtown Denver & Littleton Alissa and Matt Joblon Aparium Bitzer Real Estate BMC Investments Cardinal Group Cassidy Turley CBRE Confluent Development Corum Real Estate Crescent Communities Cushman & Wakefield East West Partners Equity West Investment Partners Flank Focus Property Group Granite Properties Gravitas Development Greystar Harris Bay HealthCare Realty Highside Hines Holland Partners Hunt Companies JacksonShaw Jones Lang LaSalle (JLL) Kairoi Residential Lake Union Partners Left Lane Development Legacy Partners Lincoln Property LMC MAVDevelopment Magellan development MainStreet Property Group MCRE McWhinney Means Knaus Milender White Narrate Companies NAVA Real Estate Newland Communities Nichols Partnership Northstar Commercial Partners Norwood Development Group NuovoRE OTO Development Panattoni Patrinely Group Portman Holdings Prime West Pure Development RedPeak Properties Regulf Revesco Properties Stormont Hospitality Stream Realty Sullivan Hayes The Avenues at Crofton Park The Pauls Corporation The Sugar Cube The Vault Tidal Real Estate Partners Touchstone Trammell Crow Transwestern Commercial Services Unico Urban Villages Virtu Investments Whitman Peterson Westcore Properties Westside Investment Partners, Inc. Zeller Realty Group Zeppelin Development GENERAL PRGENERAL PROFESSIONAL SEROFESSIONAL SERVICESVICES Environmental Resources Management McKinsey & Company FINANCEFINANCE American National Bank Bankers’ Bank of the West Billtrust Cirrus Asset Management Citrus Park Investors Clifton Gunderson Colorado Business Bank Financial Management Partners FirstBank First Data FM Partners Janus Capital KPMG KRG Capital Madison Capital Management Mantucket Capital Oppenheimer Funds Pershing Advisor Solutions S&P Global Inc. T. Rowe Price TD Ameritrade Vectra Bank LELEGALGAL Allonhill Armstrong Teasdale Cooley, LLP Davis & Ceriani, PC Fairfield and Woods, PC Featherstone Petrie DeSisto, LLP Gallagher Industries Hogan Lovells, LLP Kamlet Reichert, LLP Kennedy, Childs & Fogg, PC Kilpatrick, Townsend & Stockton, LLP Kutak Rock, LLP Lathrop & Gage, LLP Lewis Roca Roghberger Long & Page, LLP Moye White, LLP Otten Johnson Pearson, Horowitz, Poskus & Burnett, PC Perkins Coie, LLP R.W. Beck Ridley, McGreevy & Winocur, PC Robinson Waters and O’Dorisio, PC Ryley, Carlock & Applewhite Senter Goldfarb & Rice, LLC Sherman & Howard Snell & Wilmer Spencer Fane & Grimshaw, LLP Townsend and Townsend and Crew, LLP Wheeler, Trigg & O’Donnell FFOOD & BEVERAOOD & BEVERAGEGE BNGC Dean Foods Five 9s Kachina Bar & Grill at The Westin Westminster Kacina Bar & Grill at The Dairy Block Milepost Zero Molson Coors Brewing Company Range The Emporium (2) The Original The Peregrin Bar Tom’s Urban Diner Udi’s Urban Farmer WhiteWave Foods HEALHEALTHCARETHCARE Black Hills Surgical Hospital Boston Scientific Children’s Hospital Colorado Cochlear CPC Clinical Research Craig Hospital Eating Recovery Center Exempla Saint Joseph Hospital HCA Healthcare HealthONE/HCA HealthGrades LifeLink Medical Center of Aurora National Jewish Presbyterian St. Luke’s Rocky Mountain Hospital for Children Rose Hospital Sanford Consortium SkyRidge Medical Center The Denver Hospice University Park Hematology/Oncology Vibra Hospital Young Dentistry HOSPITHOSPITALITYALITY AC Beverly Hills AC Kierland AC Raleigh Durham Ace Gillett’s Aparium Hotel Group Bray Whaler International Benjamin West CatBird Hotel Choice Hotels Clayton Members Club & Hotel Colorado National Bank Hotel Courtyard Design Force DoubleTree Suites by Hilton El Capitan, The Manizer, and Tioga Element 52 Resort Fairfield Inn & Suites Grand Hyatt Hampton Inn & Suites H Hotel LAX Halcyon Hotel Hensel Phelps Hilton Hilton Garden Inn Homewood Suites Hotel Indigo Denver Host Hotels & Resorts Hotel Commonwealth Hyatt House Hyatt Regency Colorado Convention Center Joinery Hotel KSL Le Meridien/AC Denver Left Lane Mariott Hotel The Moxy Hotel Oceanside SpringHill Suites Origin Hotel Perry Lane Portman Renaissance Aruba Resort & Casino Residence Inn The Armstrong Hotel The Curtis Hotel The Crawford Hotel at Denver Union Station The Elizabeth Hotel The Embassy Suites The Guild Hotel The Maven Hotel The Oxford Hotel The Rally Hotel The Ramble The Ritz Carlton 13172 client LIST HOSPITHOSPITALITYALITY The Westin Tidal Real Estate Sage Hospitality Shakopee Mdewakanton Sioux Community SpringHill Suites Stonebridge Companies Summit Hotel Properties Valiant Products Corporation INSURANCEINSURANCE Allied Insurance Jackson National Life Insurance MIXED USEMIXED USE Dairy Block Alley/Dairy Block Offices The Exchange at BLVD One The Nichols Building Union Hall MULMULTIFTIFAMILAMILYY 7/S Denver Haus 21 Fitzsimmons Belleview Station Bromwell Clovis Point Cycle Edit Fremont Highland Lofts Hill Place Juxt Apartments Kenect Nashville Latitude 47 Line 28 Neon Local Madera Washington Park Madera Capital Hill Madera LoHi Park 40 Platform Porch + Park, WA Pullman Railway Flats Ride Apartments Solera Senior Living SOVA Spectra Steele Creek St. Paul Collection The Pinnacle Union LARLARGE SCALE DEVELGE SCALE DEVELOPMENTOPMENT 6th Street Austin, TX Broadway Station, Denver, CO City of Avon, CO City of Broomfield, CO City of Englewood, CO Colorado Convention Center, Denver, CO Denver International Airport, Denver, CO Denver Theatre District, Denver, CO Midtown Square, Seattle, WA River Mile, Denver CO Town of Avon, CO Town of Milliken, CO NANATURAL RESOURTURAL RESOURCESCES Atmos Energy Berry Petroleum DCP Midstream Denver Water Emerald Oil Encana FourPoint Energy Intrepid Potash Layne Energy Linn Energy MarkWest Hydrocarbon Newfield Mining Newmont Mining Corporation QEP Resources SM Energy OFFICEOFFICE 105 Edgeview Dr. 1125 17th Street 1515 Wynkoop 1601 Wewatta 6900 Layton Aspen Police Station Block 162 Bonfils Stanton Circa Building Hines Market Center Rev 360 Tabor Center The Link TETECHNOLCHNOLOGYOGY Arrow Electronics CoorsTek Comcast Compri CoreSite CoStar Group Harris Corporation Home Advisor Imagine Communications MBS Dev Merkle MPEG LA Oracle Pinnacle Architectural Lighting SendGrid Sierra Nevada Startek StorageTek Sun Microsystems TriZetto ZipWhip ARARCHITECHITECTURE/DESIGNCTURE/DESIGN Acquilano Leslie Adair Group AECOM B2SJ Britina Design Group Catalyst Consilium Partners Design Force Gallun Snow Gensler GH Phipps Construction Highgate Heggem-Lundquist Hyatt Studios JG Johnson Architects Karpinski Residences Kieding Office Architects Kully Residence LIV Sotheby’s International Realty Looney & Associates Milender White Construction Mortenson Construction Provident Construction Redpeak Sasaki Simeone Deary Studio Collaborative Tres Birds Workshop Tryba Architects Vida Design EDUCAEDUCATIONTION Arapahoe Libraries Bridgepoint Education Colorado School of Mines Colorado State University (Spur Campus) University of Denver-Iliff School of Theology McGraw Hill Metropolitan State University of Denver MUNICIPMUNICIPALAL/NONPR/NONPROFITOFIT Behavior Analyst Certification Board Boettcher Foundation Bonfils Stanton Foundation Calvary Baptist Church Colorado Convention Center Colorado Health Foundation Denver Theatre District Gates Family Foundation Metropolitan State University of Denver Rose Community Foundation University of Denver-Iliff School of Theology Visit Denver 14173 PROJECT TEAM 15174 project TEAM NINE dot ARTS is known for our thoughtful customer service capabilities, which prioritize the client at all times. As your strategic partners, we are dedicated to providing high-quality, cross-functional collaboration with the City of Bozeman and relevant project stakeholders. NINE dot ARTS' in-house team includes everyone from Studio and Administrative Associates to Senior Project Managers, Curators/Consultants, and Client Success Managers - each specializing in various aspects of the project. Our team of specialists allows us to complete projects of any size and scale (we average between 100 and 160 active projects at any given time, ranging from $50,000 to $2 Million+), utilizing a full suite of hiring, communication, collaboration, and accounting software to ensure staff capacity aligns with project requirements and to support seamless project management throughout the lifecycle of any project. With staff in the Mountain West and flexible remote working policies, your team can be available on-site as needed for client meetings, presentations, public engagement activities, art installations, and all other logistics - ensuring our work is completed on time and on budget while meeting your terms and conditions. MOLLY CASEY PRINCIPAL IN CHARGE Role: Provide executive level guidance and oversight of the public art program development • NINE dot ARTS Chief Curator and Co-founder • 15+ years of art consulting experience, from city-wide public art programming to the development of private corporate art collections • Experience leading and supervising interdisciplinary creative teams through the research, curation, acquisition, and installation of a variety of national art experiences, as well as the development of extensive arts master plans for large-scale developments, municipalities, and cities • Passionate advocate for artists, with relationships worldwide • Serves on the Board of Think 360 Arts for Learning • Degree in Fine Arts (Sculpture) VALERIA SERRANO CONSULTANT AND CURATOR Role: Lead the development of the public art program and execution of all items in the scope of services including management of artist recruitment and selection and art installation • Bilingual (Spanish/English) art consultant and curator with comprehensive community art planning expertise • 8+ years of art consulting, curating, and project management experience in the nonprofit, for-profit, and government sectors • Distinguished project portfolio spanning hotels, corporate offices, mixed-use properties, community spaces, and public art • Masters Degree in Art History, with a focus on Latin American and Global Contemporary Art 16175 project team STEPHANIE MOORE SENIOR PROJECT MANAGER SAMANTHA SKEEN STUDIO AND ADMINISTRATIVE ASSOCIATE Role: Support comprehensive project management, cross-functional collaboration, and stakeholder communications • 14+ years of project management experience in commercial development & construction in the hospitality, multifamily, office, and industrial markets • Project financial management including budgeting, AR, AP, and forecasting for 100+ projects • Analyzes and mitigates project risks through strong contract knowledge, vendor management, and appropriate insurance coverage • CREW Charlotte Co-Chair for the Authentic Leadership Committee • Degree in Art (Digital Art & Ceramics) with Business Minor Role: Assist consultant and project manager with research, outreach, and public art program development and maintenance; Provide on- call administrative support as needed • Supports consulting and curatorial team with artist research and collection development • Assists with all art collection logistics, from coordinating with vendors to researching the project site to implementing arts programming and installations • Bachelor's degree in Business Administration with an emphasis in accounting 17176 Molly Casey CHIEF CURATOR AND CO-FOUNDER Summary Molly Casey and Co-founder Martha Weidmann formed NINE dot ARTS in 2009 with the vision of building a forward-thinking art consulting company that both curates incredible art experiences and advocates for art and artists. Since then, the firm has completed over 1000 projects in real estate development across 39 states and five countries, generating more than $40 million in revenue for the creative economy. Currently, their artist app, Dotfolio, features over 10,000 artists from around the world. Molly’s leadership and consulting expertise includes working directly with private and public sector clients, including architects, designers, developers, and communities, on projects ranging from curated corporate art collections to robust community art master plans. As Chief Curator, Molly leads, mentors, and supervises interdisciplinary creative teams through the research, curation, acquisition, and installation of a range of national art experiences. Molly has performed art valuations for collections with over 1,000 pieces as well as relocation, revitalization, and integration of existing artworks. Her intimate and longtime connection to the national art community allows her to develop localized collections spanning medium, scale, and subject matter, meanwhile uplifting local creatives. Molly’s innovative approach to art curation and consulting includes building a global community of artists to support education, advocacy, and career-building opportunities. Professional Experience Chief Curator and Co-founder, NINE dot ARTS®, Denver, CO 2009-present Art Consultant, McGrath and Braun, Denver, CO 2005-2009 Gallery Assistant, Plus Gallery, Denver, CO 2005 Art Elective Teacher, Ebert Elementary School, Denver, CO 2003-2005 Project Highlights National Jewish Health, Denver, CO 2021-2022 Catbird Hotel, Denver, CO 2020-2022 Porch + Park, Redmond, WA 2019-2022 El Capitán/La Mainzer, Merced, CA 2020-2021 Broadway Station, Denver, CO 2020 Denver International Airport, Denver, CO 2019-2020 The Rally Hotel, Denver, CO 2019-2020 Denver Water, Denver, CO 2018-2020 Dairy Block, Denver, CO 2016-2018 The Colorado Convention Center, Denver, CO 2012-2018 TD Ameritrade, USA 2012-2017 Jackson National Life, Lansing, MI 2013-2016 The Crawford Hotel at Union Station, Denver, CO 2012-2014St. Joseph Hospital, Denver, CO 2012-2015 Rocky Mountain Hospital for Children, Denver, CO 2010-2011 Volunteer Experience Board Member, Think 360 Arts for Learning 2016-present Quarterly Artist Portfolio Tutorial, NINE dot ARTS 2013-present Guest Judge, University of Colorado at Denver 2013 Events Volunteer, Museum of Contemporary Art Denver 2008-2010 Guest Judge, Boulder Open Studios 2007 Education Bachelor of Art, University of Colorado Denver 2005 Independent Art History Study, Paris, FR 2001 18177 PROJECT EXPERIENCE 19178 Benchmark Research:We surveyed 25 public art programs and art administrators across university campuses, private developments, and entertainment districts to identify best practices and synthesize some of the most successful elements from each. Interviews:We interviewed a range of Colorado artists and art administrators to understand key factors for success across a variety of civic spaces. Establishing Selection Criteria:To ensure cohesion among the campus’ collection and its depiction of the intersections between water, animals/humans, and agriculture, we developed the public call for artist proposals and identified four criteria to guide the art and cultural vision for the years to come. Public art programming will be: • Innovative by offering new ways of thinking • Engaging by interacting with audiences • Imaginative by fostering play, delight, surprise, orentertainment • Relevant by honoring the surrounding land, culture, andcommunity Defining Art Typologies and Locations:Lastly, we established interior and exterior art locations in alignment with three typologies. • Landmark: A visual announcement of place. • Plaza: An area for social gatherings. • Play: An opportunity for surprise and delight. As the CSU Spur campus continues to grow, our community art plan will lay the groundwork for future art experiences, meanwhile educating and inspiring visitors through an engaging mix of art and science. JOCELYN HITTLE COLORADO STATE UNIVERSITY SYSTEM (303) 718-0931 CSU Spur CLIENT: CSU SPUR INDUSTRY: PUBLIC VENUE, LIFE SCIENCES REGION: MOUNTAIN WEST SCOPE OF WORK: ART MASTER PLAN Colorado State University’s new Spur campus consists of three world-class research centers that will support university curricula and community-wide programs focused on water, agriculture, and animal and human health. Our team partnered with faculty and administrators, city and state officials, developers and architects, and other collaborators to develop the community art plan for CSU Spur, paving the way for engaging and educational art experiences across all three buildings. Our work included: project experience 20179 Colorado Convention Center INDUSTRY: GOVERNMENT / PUBLIC VENUE REGION: MOUNTAIN WEST CLIENT: COLORADO CONVENTION CENTER SCOPE OF WORK: Public art planning and consultation for new artworks across 2 million square feet; facilitation of private-public partnership between Denver Arts & Venues and the convention center management company (SMG Property Management) CLIENT VISION: Curate fresh new artworks to expand the public venue’s art program and showcase the next generation of local creatives NINE DOT ARTS VALUE ADD: Our team curated 14 new art installations for this highly-trafficked public venue, nearly doubling its permanent collection. To create this breakthrough art program, we helped to launch an innovative public- private partnership between Denver Arts & Venues, the city agency that oversees the Convention Center, and SMG Property Management, the management firm for the venue. Each large-scale artwork activates the specific space in which it was placed, creating a captivating experience of discovery for convention center visitors. As a highly visible tribute to Colorado, this public art program proudly and cohesively highlights both the established and emerging artists of the state. • 14 large-scale installations made by 17 Colorado artists activate 2 million square feet • New additions included a 160-square foot installation spanning an entire corridor, a 1200-square foot mural, and a 30-square foot installation under the stairs • The art program became the inspirational launching pad for Denver’s Cultural Plan, Imagine 2020 JOHN ADAMS COLORADO CONVENTION CENTER JADAMS@DENVERCONVENTION.COM (303) 228-8028 project experience 21180 project experience Kirkland Fire Stations PROJECT UNDERWAY INDUSTRY:MIXED-USE, PUBLIC ART REGION:WEST COAST CLIENT: CITY OF KIRKLAND, WASHINGTON SCOPE OF WORK: Art Master Plan The City of Kirkland, Washington hired NINE dot ARTS in 2021 to manage the public art selection and installation of artwork across four Kirkland Fire Stations from 2021 through 2025. Our team performed extensive research on the history of the Kirkland Fire Department, as well as its assets and those of the surrounding city. We met with the Kirkland Cultural Arts Commission and other project stakeholders to determine areas for collaboration and support, including art program direction and site approval, artist recruitment and selection, and art procurement and installation. Our firm has conducted the initial visioning session with project leaders to gather visual preferences and input on the narrative of the collection. We have also developed a detailed project roadmap that will guide the project’s timeline and budget, as well integrate the artwork cohesively with architecture, engineering, and design. Additionally, our team created a comprehensive call for entry to solicit artist proposals for various fire station locations. We are currently guiding project stakeholders through the proposal scoring and selection process. Selected artwork will honor the unwavering commitment of the fire service people and their legacy in the community with artistic elements that reinforce themes of hope, resiliency, and inclusivity. ANNEKE DAVIS KIRKLAND FIRE STATIONS ADAVIS@KIRKLANDWA.GOV (425) 587-3828 22181 The Exchange at Boulevard One INDUSTRY: MIXED-USE REGION: MOUNTAIN WEST CLIENT: CONFLUENT DEVELOPMENT SCOPE OF WORK: Public artwork and community programming for a 1.5-block mixed-use redevelopment CLIENT VISION: Use art to entice visitors, create synergies, and revitalize the suburban area into an attractive urban destination NINE DOT ARTS VALUE ADD: Our team curated several vibrant installations to amplify the public spaces connecting various retail, restaurant, office, and entertainment areas. Engaging murals range from human scale to monumental, and unexpected installations create moments of surprise and delight as visitors navigate through the space. In addition to overseeing the allocation of public funding for art through the Denver Urban Renewal Authority (DURA), our team developed a guide for ongoing art activities for employees and the larger community. • Public murals by Lio-Bravo Bumbakini and Magik Studios add color and life to traditionally gray spaces like the utility storage and parking garage. • Kirileigh Jones’ massive wrap-around mural spans 4 walls, creating an iconic sense of place. • Airworks Studio’s whimsical kinetic installation transforms a passageway, while Scott Froschauer’s promenade art signs spark joy and curiosity among visitors. • Ongoing art activations encourage frequent community gathering and creative expression. NICK KITAEFF DEVELOPMENT DIRECTOR, CONFLUENT DEVELOPMENT (617) 771-9350 project experience 23182 Metro Center INDUSTRY: MIXED-USE REGION: MOUNTAIN WEST CLIENT: NAVONA INVESTORS, LLC SCOPE OF WORK:ART MASTER PLAN NINE dot ARTS worked closely with Navona Investors, LLC and the designer and architect partners (Gensler, Norris Design, and KTGY) to develop a robust art master plan that would infuse art, culture, and community into the site and create synergies among its retail, entertainment, residential, and public spaces. With this plan as a foundation, Metro Center will evolve into an active, arts-infused neighborhood known for civic engagement, social cohesion, and economic prosperity. Our team has also been hired by developers who are building within the site to curate their property’s art collection in line with the unified art goals established in the site’s community art plan. The community art plan, architectural design guidelines, and focus on the public realm will establish an identity that will be recognized throughout the city. Our work included: • Identifying the art vision, criteria, and locations to guide future art selection and procurement • Creating a process and guiding principles for public art selection • Developing maintenance and sustainability protocols • Designating three art typologies (Murals, Unexpected, Monumental), and developers of the project must incorporate at least one into their planning BILL PARKHILL METRO CENTER BILL@PARKHILLDEVELOPMENT.COM (303) 359-7514 project experience 24183 6th Street Austin INDUSTRY: MIXED USE REGION: SOUTH CENTRAL CLIENT: STREAM REALTY PARTNERS SCOPE OF WORK: Art Master Plan CLIENT VISION: Create a public art program that will amplify the area’s historic architecture and mercantile heritage while celebrating the progress of the future NINE DOT ARTS VALUE ADD: NINE dot ARTS is currently developing the art master plan for the comprehensive redevelopment of Austin’s famous 6th Street, formerly known as Pecan Street. The plan will provide strategic direction for future artwork placement, selection, budgeting, scheduling, and cultural programming. Artwork will celebrate Austin’s tech savvy reputation using innovative technologies, materials, and installation methods, as well as honor the street’s mercantile and musical past using abstract and realistic visual expression. The collection will integrate the city’s natural streetscapes and architecture, creating cohesion from the historic 6th and Brazos to the urban oasis of 6th and I-35 corridor. Our art program will capture the city’s unique character by commemorating the voices and stories of the past while pushing artistic boundaries and moving us into the future. Highlights include: • Art and architectural integration plans • Art placement based on traffic flow • RFP process for artist selection • Community engagement initiatives • Supervision of installation, lighting, and structural requirements for site-specific artwork • Art Criteria: discoverable, reflective, diverse, innovative, responsive, destination-worthy, storytelling Art Typologies: iconic, mural, temporary, discovery, functional, aerial, multimedia CAITLYN RYAN 6TH STREET AUSTIN CRYAN@STREAMREALTY.COM (512) 947-4468 project experience 25184 REFERENCES 26185 client REFERENCES Stacey Stegman Senior VP of Communications, Marketing, and Customer Service, Denver International Airport 303-342-2276 stacey.stegman@flydenver.com Project: Denver International Airport Jocelyn Hittle Associate Vice Chancellor, Colorado State University System 303-718-0931 Jocelyn.Hittle@colostate.edu Project: Colorado State University Spur Campus Walter Isenberg CEO, Sage Hospitality Group 303-595-7251 walter.isenberg@sagehospitalitygroup.com Projects: The Maven Hotel, Catbird Hotel, DoubleTree by Hilton Hotel Austin, Halcyon Hotel, Hotel Commonwealth, Perry Lane Hotel, Springhill Suites San Diego Oceanside, UNC Charlotte Marriott Hotel and Conference Center, The Rally Hotel, and several others Chad McWhinney CEO, McWhinney 970-227-6057 ccm@mcwhinney.com Projects: Dairy Block Alley, Centerra Art Master Plan, Foothills Mall, Kinston Hub, Loveland Station, Railway Flats, Park 40 Apartments, Hyatt House at Denver International Airport, and several others (NINE dot ARTS is on retainer as McWhinney’s primary art consultant) Development Director, Confluent Development 617-771-9350 nkitaeff@confluentdev.com Project: The Exchange at Boulevard One Nick Kitaeff 27186 303.999.0383 Molly@NINEdotARTS.com 3734 Osage Street, Denver, CO, 80211 WE'RE READY TO CREATE SOMETHING MEMORABLE LET’S WORK TOGETHER TO DEVELOP AN AMAZING ART PLAN FOR THE CITY OF BOZEMAN 28187 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter NINE dot ARTS, Corp NINE dot ARTS, Corp ZACHARY GILMORE, BUSINESS DEVELOPMENT MANAGER 29188 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Sanderson Stewart for Glen Lake Rotary Park Parking Lot Phase 1 MEETING DATE:April 11, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with Sanderson Stewart for Glen Lake Rotary Park Parking Lot Phase 1 STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:The City of Bozeman (the City) and Bozeman Sunrise Rotary Club (BSRC) are working together with the common goal of building out the Glen Lake Park Master Plan (formerly East Gallatin Recreation Area) adopted by the City Commission via Resolution 4812 (Conceptual Park Master Plan) and Resolution 5146 (Master Plan Narrative). Sanderson Stewart designed park improvements for Glen Lake Rotary Park under a separate contract with Bozeman Sunrise Rotary Club (BSRC). Master Site Plan and Phase I Site Plan approval have been obtained from the City of Bozeman (the City) for the improvements and the Phase I Parking Lot Project (the Project) is being scheduled for construction in the summer of 2023. The Project will be funded in partnership between BSRC and the City. The City's portion of the Project is $135,000 from the Parks and Recreation Department's Park Improvement Grant and the project will be managed by City staff. A general Memorandum of Understanding (MOU) defining the BSRC and City collaboration was approved by the City Commission on March 21, 2023. A second project-specific MOU will be created to define the payment terms for BSRC to the City and to clarify responsibilities for completion of the Project. UNRESOLVED ISSUES:NA ALTERNATIVES:Per Commission 189 FISCAL EFFECTS:The cost of the project improvements will be shared by City Parks and Trails District and Bozeman Sunrise Rotary. Attachments: GLRP-Ph1ParkingLot_SandersonStewart_PSA.docx ExhibitA_GLRP-Ph1ParkingLot_SOW Report compiled on: March 16, 2023 190 Professional Services Agreement for Glen Lake Parking Lot Construction Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT THIS 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, SANDERSON STEWART, 106 E. Babcock St., Suite L1, 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 upon completion of services described in Exhibit A, 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 in Exhibit A. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the 191 Professional Services Agreement for Glen Lake Parking Lot Construction Page 2 of 10 Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 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 192 Professional Services Agreement for Glen Lake Parking Lot Construction Page 3 of 10 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 obligationsshall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of 193 Professional Services Agreement for Glen Lake Parking Lot Construction Page 4 of 10 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, Contractorshall 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. 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. 194 Professional Services Agreement for Glen Lake Parking Lot Construction Page 5 of 10 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under 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 195 Professional Services Agreement for Glen Lake Parking Lot Construction Page 6 of 10 Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Addi Jadin, Park Planning and Development 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 Danielle Scharf, Principal, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed 196 Professional Services Agreement for Glen Lake Parking Lot Construction Page 7 of 10 to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c.Notices:All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. 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). 197 Professional Services Agreement for Glen Lake Parking Lot Construction Page 8 of 10 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. Contractorshall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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 198 Professional Services Agreement for Glen Lake Parking Lot Construction Page 9 of 10 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 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. 199 Professional Services Agreement for Glen Lake Parking Lot Construction Page 10 of 10 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** 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 SANDERSON STEWART, CONTRACTOR By________________________________By__________________________________ Jeff Mihelich, City Manager Print Name: Danielle Scharf Print Title: Principal APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 200 Scope of Work – Glen Lake Rotary Park Bidding and Construction Administration Services 3/21/23 Sanderson Stewart is pleased to provide this scope of work for bidding and construction administration services for the Glen Lake Rotary Park Phase 1 Improvements. The park improvements were previously designed under a separate contract with Bozeman Sunrise Rotary and site plan approval has been obtained from the City of Bozeman. This scope of work includes bidding and construction administration services for the park improvements, as well as construction staking. A detailed list of assumptions and scope of services for the project are outlined below. Scope of Work: Phase 1 – Construction Bidding This phase of the project will consist of construction bidding services, including the following: • Prepare bid advertisement • Updated opinion of probable cost with two bid alternates • Contractor coordination throughout bidding, prepare up to two addenda • Facilitate pre-bid meeting, prepare agenda, and distribute minutes • Attend bid opening, prepare bid tabulation and recommendation of award letter • Process contract documents for a single contract (electronic copies) Phase 2 – Construction Administration and Inspection This phase of the project will consist of construction contract administration and construction observation tasks, including the following: • Facilitate pre-construction meeting, prepare agenda, and distribute minutes • Shop drawing review • Construction observation and documentation based on assumed part-time observation for 4 hours each day and a 60-calendar day construction contract • Respond to Contractor RFI’s • Construction materials testing coordination and review • Process pay applications submitted by Contractor and any necessary work change directives, verify material quantities on all contractor pay requests 201 Page 2 of 3 • Process the Certificate of Substantial Completion, coordinate final inspection, prepare punch lists and verify completion • Prepare as-built (record) drawings • Prepare City of Bozeman close-out submittal • Conduct two-year warranty walkthrough, prepare punch list and verify completion Phase 3 – Construction Staking This phase of the project consists of the construction layout, anticipated to include the following: • Stake demolition limits • Stake subgrade cuts for the road/trails one time; 25-foot spacing; 2 to 3-foot offset from back of curb and edge of path • Stake horizontal layout of curb ramps with vertical benchmark for grade one time • Stake culvert locations one time • Stake signs one time • Layout striping one time The following items are specifically excluded from this scope of work: • Material testing (through City term contract) • SWPPP permitting and operation (by contractor) 202 Page 3 of 3 Fees and Billing Arrangements: Phase Fee 1. Construction Bidding $4,000 2. Construction Administration and Inspection $27,000 3. Construction Staking $3,500 Total $34,500 Sanderson Stewart will bill for its services on a time and materials basis with a project total of $34,500. Sanderson Stewart shall submit invoices to the Client for work accomplished during each calendar month. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. Such invoices shall also include, separately listed, any charges for consultants retained by Sanderson Stewart, and reimbursable costs. Project Schedule: The anticipated schedule for this project will consist of bid documents within one week of notice to proceed. The remaining schedule will be based on the timing of City review comments, the timeframe required for a public bidding process and the anticipated 60-calendar day construction contract. 203 Memorandum REPORT TO:City Commission FROM:Melissa Hodnett, Finance Director SUBJECT:Authorize City Manager to sign a Professional Services Agreement with Lance, Soll & Lunghard LLC and agree to the End User Terms and quote with Vertosoft/Workiva for implementation of Workiva software to prepare the City's Budget Document, Annual Comprehensive Financial Report (ACFR) and other Financial Reports. MEETING DATE:April 11, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign a Professional Services Agreement with Lance, Soll & Lunghard LLC and agree to the End User Terms and quote with Vertosoft/Workiva for implementation of Workiva software to prepare the City's Budget Document, Annual Comprehensive Financial Report (ACFR) and other Financial Reports. STRATEGIC PLAN: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. BACKGROUND:The City Finance Department is required to produce at least two financial reports per year, an Adopted Budget and an Annual Comprehensive Financial Report (ACFR). The City also submits these reports to the Government Finance Officers Association (GFOA) awards program and has received the award for the ACFR for 38 consecutive years and the Budget award for 31 years. The budget document has over 200 pages and is produced twice per year, once for our City Manager Recommended Budget and again for the City Commission Adopted Budget. Historically this document has been prepared internally through numerous Naviline exports, Excel files, pictures and Word documents. The document creation is both cumbersome and manual. Due to the manual process, there is a lot of room for errors and the document requires many eyes and rounds of review and revision before publication. It is estimated that City staff combined spent over 100 hours solely writing and reviewing this document last year. The ACFR has historically been prepared by auditors, most recently Anderson 204 Zurmuehlen (AZ), as part of the scope of work of the annual audit. As a result of an acquisition, AZ will no longer be performing local government audits. In March, the City issued a Request for Proposals and recently selected a new audit firm. An audit contract will be proposed to the Commission in late April or early May. The contract includes an optional task to prepare our ACFR, but the price of this task has increased significantly in the last few years and the Finance Department would prefer to have capacity to prepare our own ACFR in house. Similarly, to the budget document, the ACFR is over 200 pages and our ability to prepare in house would be limited to the systems we have and would be equally cumbersome and manual. The Workiva software has the capability to automate the preparation of the entire budget document and ACFR. It can link directly to City data, and with the click of a button make updates and changes throughout the book. In addition, it allows real time collaboration for the finance team and other City departments that provide inputs to the documents. Lance, Soll & Lunghard LLC, who Workiva has assigned to assist in implementing the software includes CPAs and prior Government Finance Officer Association (GFOA) award reviewers. The implementation of Workiva software meets the City Commission's strategic plan priorities to implement best practice, creativity, and foresight, improve departmental collaboration, and create a culture of innovation. Implementation of Workiva software will reduce staff time spent on preparing documents and allow resources to be shifted to long-term financial modeling, revenue strategies and other necessary work. UNRESOLVED ISSUES:N/A ALTERNATIVES:The City could continue to prepare documents manually. The cost of preparing the ACFR externally is $35,000 per year, which the City could continue paying. Implementation of Workiva software for the budget document is proposed to reduce staff time spent on preparing documents and allow resources to be shifted to long-term financial modeling, revenue strategies and other work. There will be less capacity for that work if these agreements are not approved. FISCAL EFFECTS:Implementation costs will be billed hourly per the hourly rates in the attached scope of work. The City will assist with implementation as much as possible to reduce total implementation costs. The software is an annual subscription priced at $35,000 per year for the first year for both Budget and Financial Reporting modules. The subscription will have no fiscal year 2024 impacts. The City has $35,000 in the Fiscal Year (FY) 2024 Recommended Budget for preparation of the ACFR by our new auditors, which would not be needed if the City implements the software in time to prepare the 2024 ACFR. 205 Attachments: Professional Services Agreement with Lance, Soll & Lunghard LLC .docx Exhibit A to PSA with LSL.pdf City SaaS Agreement_Vertosoft.pdf Exhibit A-Workiva_Quote_for_City_of_Bozeman__MT_-_Q- 02081.pdf Exhibit B-Cloud Services Questionnaire_Workiva.pdf Report compiled on: April 5, 2023 206 Professional Services Agreement for Implementation of Workiva Software Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 11th day of April2023(“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, Lance, Soll & Lunghard LLC 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: 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 207 Professional Services Agreement for Implementation of Workiva Software Page 2 of 10 perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 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. 208 Professional Services Agreement for Implementation of Workiva Software Page 3 of 10 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 obligationsshall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether 209 Professional Services Agreement for Implementation of Workiva Software Page 4 of 10 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, Contractorshall 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. 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: 210 Professional Services Agreement for Implementation of Workiva Software Page 5 of 10 a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under 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. 211 Professional Services Agreement for Implementation of Workiva Software Page 6 of 10 d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10.Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Melissa Hodnett, Finance Director or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be 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 writingand may receive approvals or authorization from such persons. b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Gail Gray 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 212 Professional Services Agreement for Implementation of Workiva Software Page 7 of 10 designated Contractor personnel or agents. c.Notices:All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. 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 213 Professional Services Agreement for Implementation of Workiva Software Page 8 of 10 been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 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. 214 Professional Services Agreement for Implementation of Workiva Software Page 9 of 10 19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 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 215 Professional Services Agreement for Implementation of Workiva Software Page 10 of 10 parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31.Extensions:this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 216 Page 1 of 1 203 N. Brea Blvd, Suite 203, Brea, CA 92821 1611 E. Fourth Street, Suite 200, Santa Ana, CA 92701 2151 River Plaza Dr., Suite 150, Sacramento, CA 95833 21 Waterway Avenue, Suite 300 The Woodlands, TX 77380 www.lslcpas.com (714) 672-0022 (714) 569-1000 (916) 503-9691 (936) 828-4587 /contact-us LANCE, SOLL, & LUNGHARD LLP Technological Consulting Team EXHIBIT A This statement of work (“SOW”), effective upon the latter of the two signatures below, is entered into and governed by a Master service agreement (the “Agreement”) by and between The City of Bozeman, MT (herein referred to as the Customer and Lance, Soll & Lunghard, LLP (herein referred to as the “Consultant”). This SOW and the Agreement constitute the complete agreement regarding services and deliverables provided under this SOW. The terms and conditions of this SOW shall prevail over any conflicting terms or conditions of the Agreement. ENGAGEMENT DETAILS Project Name: City of Bozeman, MT - Connected Financial Reporting - Government SOW Start (effective) Date: The earlier of April 5, 2023, or upon the latter of the two signatures below. Consultant Contact: Gail Gray, Partner Gail.Gray@lslcpas.com P: 936-828-4587 End Client: City of Bozeman, MT MT | 121 N. Rouse Ave., P.O. Box 1230, Bozeman, MT 59715 mhodnett@BOZEMAN.NET P: 406-582-2318, C: 406-595-5366 DELIVERABLES AND FEES The Consultant will provide the following hourly services For the Customer. FINANCIAL REPORTING AUTOMATION Low Estimated Hours High Estimated Hours Estimated Blended Rate Low Estimated Total Low Estimated Total Budget Book Onboarding Budget Book Implementation and Consulting Services 120 200 210$ 25,200$ $42,000 Document Setup hours 50 70 210$ 10,500$ $14,700 ACFR Onboarding ACFR Implmentation and Consulting Services 120 160 210$ 25,200$ $33,600 Document Setup hours 40 60 210$ 8,400$ $12,600 Specialist Consulting Governmental Best Practices and Reporting Assistance from CPA/Partner 20 40 280$ 5,600$ $11,200 GRAND TOTAL:74,900$ 114,100$ PERSONNEL LEVEL HOURLY RATE* Group Training Rate $460 Partner $340 Senior Manager $260 Manager $220 Supervisor $195 Senior $170 Staff - Experienced $145 Staff - Standard $125 Staff – Auxiliary/Clerical $100 *Please expect an annual increase at the calendar year These services will be billed at the rates according to personnel level current to the time of service. 217 End User Terms / Software as a Service Agreement This Software as a Service Agreement (“Agreement”), is made and entered into this 11th day of April, 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, Vertosoft LLC, hereinafter referred to as “Provider.” The City and Provider 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. Definitions. a. “Aggregated Statistics” means data and information related to the City's use of the Services that is used by Provider in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services. b. “Authorized User” means the City's employees, consultants, contractors, and agents (i) who are authorized by the City to access and use the Services under the rights granted to the City pursuant to this Agreement and (ii) for whom access to the Services has been purchased hereunder. c. “Confidential Information” means, subject to Montana’s Open Records Law, all written or oral information, disclosed by either Party to the other, related to the operations of either Party or a third party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential. With respect to the City, Confidential Information must also include any and all information transmitted to or stored by Provider in connection with performance of its obligations under this Agreement, including, but not limited to, personally identifiable information (“PII”) of residents, employees or people included within the City’s data, including name, address, phone number, e-mail address, date of birth, social security number, patient records, credit card information, driver’s license number, account numbers, PINs and/or passwords, any other information that could reasonably identify a person, and products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, and whether or not marked, designated, or otherwise identified as “confidential.” Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or 218 - page 2 of 16 - (d) independently developed by the receiving Party without reference to or use of the disclosing Party’s Confidential Information. d. “City's Data” means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of the City or an Authorized User through the Services, including, without limitation, the City's meter data and other energy data related to the City's facilities located in the State of Montana. This information, data, and content may also include that which is considered Confidential Information. e. “Data Incident” means a breach of the City or the Provider’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the City’s Data through the Services licensed to the City by the Provider. f. “Documentation” means Provider’s user manuals, handbooks, and guides relating to the Services provided by Provider to the City either electronically or in hard copy form/end user documentation relating to the Services. g. “Intellectual Property Rights” or “IP Rights” means any and all rights that may exist under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, whether or not such rights are registered or perfected. h. “Provider IP” means the Services, the Documentation, and any and all intellectual property provided to the City or any Authorized User in connection with the foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics and any information, data, or other content derived from Provider’s monitoring of the City's access to or use of the Services, but does not include the City's Data. i. “Services” means the on-premise software-as-a-service license or the Workiva software. 2. Purpose. City agrees to enter into this Agreement with Provider to provide for the City the Services incorporated into this Agreement including the End User Terms attached as Exhibit A. 3. Term and Termination. a. Term. The initial term of this Agreement begins on the Effective Date and, unless terminated earlier pursuant to this Agreement’s express provisions, will continue in effect for 12 months from such date (the “Initial Term”). This Agreement will automatically renew for additional successive one (1) year terms unless earlier terminated pursuant to this Agreement’s express provisions. The Parties may extend this Agreement for three (3) additional one (1) year terms. b. Notice of Non-Renewal. A Party to this Agreement gives the other Party written notice of non-renewal at least thirty (30) days prior to the expiration of the then- 219 - page 3 of 16 - current term (each a “Renewal Term” and together with the Initial Term, the “Term”). c. Termination. i. Provider may terminate this Agreement, effective on written notice to the City if the City: 1) fails to pay any amount when due hereunder, and such failure continues more than sixty (60) days after Provider’s delivery of written notice thereof; or 2) breaches any of its obligations under Paragraph 6 of this Agreement ii. Any Party to this Agreement may terminate their obligations under this Agreement, effective on written notice to the other Parties, if another Party materially breaches this Agreement, and such breach: 1) is incapable of cure; or 2) being capable of cure, remains uncured sixty (60) days after the non-breaching Party provides the breaching Party with written notice of such breach; or iii. Any Party to this Agreement may terminate this Agreement, effective immediately upon written notice to the other Parties, if the other Party: 1) becomes insolvent or is generally unable to pay or fails to pay its debts as they become due; 2) files or has filed against it a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; 3) makes or seeks to make a general assignment for the benefit of its creditors; or 4) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. d. Expiration. Provider must notify the City 90 days in advance of this Agreement’s expiration date. e. Effect of Expiration or Termination. No expiration or termination will affect the City's obligation to pay all Fees that may have become due before such expiration or termination or entitle the City to any refund. 4. Services. Provider must perform the work and provide the services in accordance with the requirements of the End User Terms. For conflicts between this Agreement and the End User Terms, unless specifically provided otherwise, this Agreement governs. Provider agrees to be bound by its responses to the City’s Cloud Questionnaires, incorporated into and attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Provider’s performance. 220 - page 4 of 16 - 5. Access and Use. a. Provision of Access to Services. Subject to and conditioned on the City's payment of fees and compliance with the terms and conditions of this Agreement, Provider grants the City a non-exclusive, non-transferable license to the Services during the Term. This license to the Services is solely for use by the City and its Authorized Users and must be accessed and used in accordance with the terms and conditions set forth in this Agreement. Such access and use is limited to the City's internal use. If applicable, Provider must provide to the City the necessary passwords and network links or connections to allow the City to access the Services. b. Documentation License. Subject to the terms and conditions contained in this Agreement, Provider grants to the City a non-exclusive, non-sublicensable, non-transferable license to use the Documentation during the Term solely for the City's internal business purposes in connection with its use of the Services. c. Designated Authorized Users. The City may designate the number of Authorized Users permitted to access the Services. d. Reservation of Rights. Provider reserves all rights not expressly granted to the City in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to the City or any third party any intellectual property rights or other right, title, or interest in or to the Provider IP. e. Suspension. Notwithstanding anything to the contrary in this Agreement, Provider may temporarily suspend the City's and any Authorized User’s access to any portion or all of the Services if: i. Provider reasonably determines 1) there is a threat or attack on any of the Provider IP; 2) the City's or any Authorized User’s use of the Provider IP disrupts or poses a security risk to the Provider IP or to any other Customer or vendor of Provider; 3) the City, or any Authorized User, are using the Provider IP for fraudulent or illegal activities; or 4) Provider’s provision of the Services to the City or any Authorized User is prohibited by applicable law; ii. any vendor of Provider has suspended or terminated Provider’s access to or use of any third-party services or products required to enable the City to access the Services; or iii. in accordance with Section 5(a)(iii) (any such suspension described in sub-section (i), (ii), or (iii), a “Service Suspension”). Provider must use commercially reasonable efforts to provide written notice within five (5) business days prior to any planned Service Suspension to the City and provide updates regarding resumption of Services following any Service Suspension. Provider must use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Provider may be subject to liability for any damage, liabilities, losses (including any loss of data or 221 - page 5 of 16 - profits), or any other consequences that the City or any Authorized User may incur as a result of a Service Suspension. f. Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Provider may monitor the City's use of the Services, and collect and compile Aggregated Statistics. As between Provider and the City, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider. The City acknowledges that Provider may compile Aggregated Statistics based on the City's Data input into the Services. The City agrees that Provider may: 1) make Aggregated Statistics publicly available in compliance with applicable law, and 2) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify the City or the City's Confidential Information. 6. The City's Responsibilities. a. The City is responsible for all uses of the Services and Documentation resulting from access provided by the City, directly or indirectly. The City must use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Services, and must cause Authorized Users to comply with such provisions. b. Unless otherwise agreed, the City is responsible for creating and modifying its data into the Services, and keeping the City’s data into the Services current and accurate. c. The City must reasonably cooperate with Provider’s performance of Professional Services. The City recognizes and agrees that performance of Professional Services is contingent upon the City’s cooperation and as set forth in Paragraph 7. d. The City may test the Provider’s Services in a live production environment to ensure that it conforms to the specifications set forth in this Agreement and all Exhibits. Upon acceptance, the City must pay the Provider in accordance with the Quote and End User Terms. See attached Exhibit A. If the City determines that the Services do not meet the specifications set forth in this Agreement and all Exhibits, upon 60 days of receiving written notice of such deficiencies, the City may terminate this Agreement if the Provider does not cure the deficiencies. Provider must refund the City all sums already paid within five (5) business days. Such termination and refund does not bar the City from pursuing other remedies available under the Agreement or law. 7. Provider’s Obligations. To induce the City to enter into this Agreement, Provider makes the following representations: a. Provider has familiarized itself with the nature and extent of this Agreement, all exhibits, 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 Services. 222 - page 6 of 16 - b. Provider represents and warrants to the 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 must 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. c. Provider must ensure the Services delivered under this Agreement are adequately secure, and must provide a secure environment for all of the City’s Confidential Information, which may include, but is not limited to any hardware and software (including servers, network and data components) to be provided or used by the Provider as part of its performance under this Agreement. Provider represents that the security measures it takes in performance of its obligations under this Agreement are, and at all times will remain in compliance with all applicable laws and regulations governing Provider’s access to, use of, and handling of the City’s Data. d. If Provider creates a new version of the Services, it must make the new version available to the City at no additional cost. Provider must also provide the City with any additional features or functionalities of the Services that it may develop at no additional cost to the City. 8. Security. Provider must provide a secure environment for all of the City’s Confidential Information and any hardware and Software (including servers, network and data components) to be provided or used by Provider as part of its performance under this Agreement. Provider represents that the security measures it takes in performance of its obligations under this Agreement are, and will at all times remain in agreement with the industry’s minimum standards. Provider’s failure to comply with the industry’s minimum standards in fulfilling its obligations under this Agreement constitutes a breach of this Agreement. Additionally, Provider must contractually require any subcontractors or agents with access to the City’s Confidential Information to adhere to such Security Best Practices. 9. Indemnity/Waiver of Claims/Insurance. For other than professional services rendered, to the fullest extent permitted by law, Provider 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 223 - page 7 of 16 - intentional misconduct of the Provider; or (ii) any negligent, reckless, or intentional misconduct of any of the Provider’s agents. For the professional services rendered, to the fullest extent permitted by law, Provider 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 Provider or Provider’s agents or employees. Such obligations must 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). Provider’s indemnity under this Section must 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 Provider to assert its right to defense or indemnification under this Agreement or under the Provider’s applicable insurance policies required below, the City must 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 Provider 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. Provider 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 must survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Provider must at Provider’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 Provider in this Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed by the Provider in this Section. The insurance must 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. Provider must furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; 224 - page 8 of 16 - • 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; • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate; and • Cyber Liability - $1,000,000 per occurrence; $1,000,000 annual aggregate. The above amounts must be exclusive of defense costs. The City must be endorsed as an additional insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, Automobile Liability, and Cyber Liability policies. The insurance and required endorsements must be in a form suitable to City and must include no less than a thirty (30) day notice of cancellation or non-renewal. Provider must notify City within two (2) business days of Provider’s receipt of notice that any required insurance coverage will be terminated or Provider’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Provider commencing work. 10. Audit Right. Provider must retain a certified public accounting firm to perform an annual audit of the Services’ data protection features and to provide a SOC 2 Type II report, pursuant to the current standards of the American Institute of Certified Public Accountants. In addition, Provider must annually conduct its own internal security audit and address security gaps. Provider must give the City a copy of the most current report from each audit conducted within five (5) business days of receiving the report. If requested by the City, Provider must, on a bi-annual basis, permit security reviews by the City on those systems storing or processing City Data, on Provider policies and procedures relating to the foregoing, including without limitation its information security programs, and permit testing of all security processes and procedures during the term, including without limitation, penetration testing. Provider or its nominee (including its accountants and auditors) may, on reasonable request, inspect and audit the City's use of the Services under this Agreement at any time during the Term. The City must make available all books, records, equipment, information, and personnel, and provide all such cooperation and assistance, as may reasonably be requested by or on behalf of Provider with respect to such audit. 11. General Use Restrictions. Copies of the Services created or transferred pursuant to this Agreement are licensed and may only be used as set forth in this Agreement. The City does not receive any rights to the Services other than those specifically granted in this Agreement and its incorporated exhibits. Other than what is expressly permitted by the terms of this Agreement, the City and its authorized users must not directly or indirectly copy or reproduce all or any part of the Services, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization, without Provider’s prior written permission. However, notwithstanding this restriction, the City has the right to reproduce and distribute any of the Services generated from the City’s Data. Without limiting the above restriction and right, the City receives no right to and must not: 225 - page 9 of 16 - a. copy, modify, create derivative works from, distribute, publicly display, or publicly perform the Application; b. sublicense or otherwise transfer any of the rights granted to it in this Agreement; c. reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the Application; d. remove any proprietary notices from the Services or Documentation; or e. use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. 12. Independent Contractor Status/Labor Relations. The Parties agree that Provider is an independent contractor for purposes of this Agreement and is not considered a City employee for any purpose. Provider 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. Provider is not authorized to represent the City or otherwise bind the City in any dealings between Provider and any third parties. 13. Resources and Support. Provider must, throughout the Term, make available such resources, including Provider personnel, as are reasonably required to: a. train designated employee(s) of the City in the use of the Services; b. support the obligations of the City provided in Paragraph 6; c. develop modifications to the Services as agreed to by the Parties in any exhibit attached to this Agreement; and d. Provider must provide technical support to the City as described in Exhibit A, for the duration of this Agreement. 14. Transition Assistance. The Provider must provide transition assistance to the City when requested in writing. Upon termination of this Agreement for any reason, including but not limited to termination for cause, the Provider must assist the City in the orderly transition to a new Provider. The City must have access to the Provider’s system and the Provider’s support of that system for up to one (1) year following termination. In this instance, for up to one (1) year following termination, the City must pay the Provider at its then-current hourly rate(s). The Provider grants the City a perpetual right to use the Application and Object Code if any one of the following occurs: (a) Provider’s insolvency, bankruptcy, or involvement in an involuntary proceeding for protection of its creditors; (b) Provider materially breaches this Agreement and the City terminates the Agreement; (c) Provider fails to continue development of the Services; (d) Provider fails to provide the City with the most recent version of the Services contained in the Application; or (e) any other circumstance whereby Provider can no longer satisfy its obligation to provide Services to the State under this Agreement. 226 - page 10 of 16 - 15. Limitation of Liability. The Provider's liability for contract damages is limited to direct damages. Damages caused by injury to persons or tangible property, or arising from any Provider indemnification under this Agreement, are not subject to a cap on the amount of damages. 16. Fees and Payment. Fees. The City must pay Provider the fees and make all payments as set forth in the Quote and End User Agreement, without offset or deduction. See attached Exhibit A. Any alteration or deviation from the described Services that involves additional costs above the Agreement amount will be performed by Provider only upon receiving a written request from the City. Any alteration or deviation from the Services will become an additional charge over and above the amount listed in the Quote and End User Terms. The City must agree in writing before Provider bills for any additional charges. All Fees and other amounts payable by the City under this Agreement are exclusive of taxes and similar assessments. The City is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by the City as set forth in this Agreement, other than any taxes imposed on Provider’s income. 17. Confidential Information. a. From time to time during the Term, a Party to this Agreement may disclose or make available to the other Party Confidential Information, as defined in Section 1 of this Agreement, about its business affairs. The receiving Party must not disclose the disclosing Party’s Confidential Information to any person or entity, except to the receiving Party’s Authorized Users who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations established in this Agreement. b. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required: i. in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order must first have given written notice to the other Party; ii. to establish a Party’s rights under this Agreement, including to make required court filings; or iii. to any Authorized User who may need to access Confidential Information in order to facilitate or execute the purpose of this Agreement. c. Unless otherwise required by law, each Party must not disclose Confidential Information to any other third party not otherwise identified in this agreement without the other Party’s prior written consent. Each Party’s obligations of non- 227 - page 11 of 16 - disclosure with regard to Confidential Information are effective as of the Effective Date, and survive this Agreement and do not terminate. However, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. d. Each Party must protect Confidential Information with the same degree of care it uses to protect its own Confidential Information with of similar nature and importance, but with no less than reasonable care. Each Party agrees to promptly notify the other Party if there is a misuse or misappropriation of Confidential Information. 18. Intellectual Property Ownership; Feedback. a. Provider IP. The City acknowledges that, as between the City and Provider, Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP. b. The City's Data. Provider acknowledges that, as between Provider and the City, the City owns all right, title, and interest, including all intellectual property rights, in and to the City's Data. The City grants to Provider a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the City's Data and perform all acts with respect to the City's Data as may be necessary for Provider to provide the Services to the City. The City also grants to Provider a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display the City's Data incorporated within the Aggregated Statistics. Unless the City provides written consent, Provider must not access or use the City’s Data for any other purpose than as described in this Agreement. c. Feedback. If the City or any of its Authorized Users sends or transmits any communications or materials to Provider by mail, email, telephone, or otherwise, suggesting or recommending changes to the Provider IP, including without limitation, new features or related functionality, or any comments, questions, suggestions, or the like (“Feedback”), Provider may use the City’s Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. The City retains all right, title, and interest in the Feedback. 19. Data Location. Provider must not transfer the City’s Data outside of United States or the Provider’s location as identified in the first paragraph of this Agreement unless it receives the City’s prior written consent or unless the transfer is to the Provider’s data center and such transfer is necessary for the execution of the Services. 20. Access to Data. The City may access and copy any of the City’s Data in Provider’s possession at any time. Provider must reasonably facilitate such access and copying promptly 228 - page 12 of 16 - after Customer’s request. In this instance, Provider may charge its reasonable standard fees for any such access and copying or for any fees related to the de-conversion of data. 21. Deletion of Data. Except as authorized by applicable law, Provider must not erase the City’s Data or any copy without the City’s prior written consent. 22. Data Incidents. Provider must implement and maintain a program for managing unauthorized disclosure of, access to, or use of the City’s Data. In case of a Data Incident, Provider must notify the City, in writing or by phone, within 48-hours of the incident. Provider must cooperate with the City and law enforcement agencies to investigate and resolve the Data Incident, including but not limited to providing reasonable assistance to the City in notifying injured third parties. In addition, if the Data Incident results from Provider’s breach of this Agreement or negligent or unauthorized act or omission, Provider must compensate the City for any reasonable expense related to notification of customers and provide one year of credit monitoring to any affected individual. Provider must give the City prompt access to such records related to a Data Incident. 23. Functional Warranty. Provider warrants that the Application and Services, including any modifications that are made by Provider or under Provider’s instructions do not contain any material defects, and will conform in all material respects to the specifications, functions, descriptions, standards and criteria set forth in the Agreement, its Exhibits, and the Documentation, which are all incorporated herein by reference. Provider further warrants that all post-Acceptance updates, alterations, or modifications to the Services will not materially diminish the features or functionality of the Application and Services. Provider must promptly correct any errors identified by the City in the Application and in any modification to the Application at no cost to the City. If, Provider is unable to correct such errors within 30 days following notification by the City, then Provider must at the City’s request accept return of the Application and return all money paid for the Application and maintenance. The City may also pursue any other remedies available to it under this Agreement or by law or equity. 24. Virus Warranty. Provider warrants that it has used commercially reasonable efforts to ensure against introduction of any virus into the City’s systems. Provider must immediately advise the City, in writing, upon reasonable suspicion or actual knowledge that the Services may contain a Virus. If a Virus is found to have been introduced into the City’s systems by the Services within 30 days after the Effective Date of this Agreement, Provider must repair or replace the Services within ten (10) business days. If Provider cannot accomplish the foregoing within such time, then the City must discontinue use of the Services, and Provider must refund all money paid for the Services and maintenance. See Exhibit A. Provider must use all reasonable commercial efforts, at no additional charge, to assist the City in reducing the effects of the Virus and, if the Virus causes a loss of operational efficiency or loss of data, to assist the City to the same extent to mitigate and restore such losses. In addition, Provider must indemnify, defend and hold the City harmless from any claims, suits, damages, liabilities, losses, and reasonable attorney fees resulting from any such Viruses. The limitation of liability described in Paragaph 15 does not apply to this indemnification obligation. 25. Remedy for When Services are Subject of a Claim. If any Services furnished are 229 - page 13 of 16 - likely to or does become the subject of a claim of infringement of a third party’s IP Rights, then the Provider may request the City accept an alternative Service and the City may agree to one of the following alternative Services: 1) procure for the City the right to continue using the alleged infringing Services; 2) modify the Service so that it becomes non-infringing; 3) or replace it with one that is at least functionally equivalent. If the Provider is unable to any of the above three remedies, or if the use of the Services by the City is prohibited by an injunction, temporary restraining order, or other court order, the City must return the Services to the Provider within five (5) days of receiving Provider’s request in writing. The Provider must then give the City a credit equal to the amount paid to the Provider for the creation of the Services. The City is not precluded from seeking other remedies available agreed upon in this Agreement or in equity or law for any damages it may sustain due to its inability to continue using the Services. The Limitations of Liability set forth in Paragraph 15 of this Agreement does not apply to Provider’s obligations under this Section and the City’s right to seek additional remedies arising from Provider’s ‘infringement of a third party’s IP Rights. 26. Representatives and Notices. a. City’s Representative. The City’s Representative for the purpose of this Agreement must be _________________ or such other individual as City must 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 must be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Provider 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. Provider’s Representative. The Provider’s Representative for the purpose of this Agreement must be _____________________ or such other individual as Provider must designate in writing. Whenever direction to or communication with Provider is required by this Agreement, such direction or communication must be directed to Provider’s Representative; provided, however, that in exigent circumstances when Provider’s Representative is not available, City may direct its direction or communication to other designated Provider personnel or agents. c. Notices. All notices required by this Agreement must be in writing and must be provided to the Representatives named in this Section. Notices must 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. 27. Miscellaneous. a. Entire Agreement. This Agreement, together with any other documents incorporated herein by reference and all related Exhibits, including the Cloud 230 - page 14 of 16 - Services Questions, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of this Agreement, the related Exhibits, and any other documents incorporated herein by reference, the following order of precedence governs: 1) this Agreement, excluding its Exhibits; 2) the Exhibits to this Agreement as of the Effective Date; and 3) any other documents incorporated herein by reference. b. Permits. Provider must 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. c. Laws and Regulations. Provider must 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. d. Nondiscrimination and Equal Pay. Provider agrees that all hiring by Provider of persons performing this Agreement must be on the basis of merit and qualifications. Provider will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Provider 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. Provider must 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. Provider 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). Provider must report to the City any violations of the Montana Equal Pay Act that Provider has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Provider must require these nondiscrimination terms of its subcontractors providing services under this Agreement. 231 - page 15 of 16 - e. Force Majeure. In no event must a Party to this Agreement be liable to another Party, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond one Party’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo. f. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training. Provider must 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. Provider acknowledges it is aware of and must 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. The City must have the right to request proof of such compliance and Provider must be obligated to furnish such proof. The Provider must be responsible for instructing and training the Provider’s employees and agents in proper and specified work methods and procedures. The Provider must provide continuous inspection and supervision of the work performed. The Provider is responsible for instructing its employees and agents in safe work practices. g. Modification and Assignability. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Provider may not subcontract or assign Provider’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. h. Reports/Accountability/Public Information. Provider agrees to develop and/or provide documentation as requested by the City demonstrating Provider’s compliance with the requirements of this Agreement. Provider 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 the reimbursement of monies distributed to Provider pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Provider must not issue any statements, releases or information for public dissemination without prior approval of the City. i. 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. 232 - page 16 of 16 - j. 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 must 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. k. Taxes. Provider is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. l. Dispute Resolution. i. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives must 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. ii. 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. m. Survival. Provider’s indemnification must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. n. 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. o. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance thereof must continue in effect. p. Applicable Law. The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. q. Binding Effect. This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. r. 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. s. 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. 233 - page 17 of 16 - t. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. u. 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 as of the Effective Date. PROVIDER City of Bozeman By:_______________________________ Name: ____________________________ Title: _____________________________ By:_______________________________ Name: ____________________________ Title: _____________________________ 234 1602 Village Market Blvd SE, Suite 320 Leesburg, VA20175 USA Cage Code: 7QV38 UEI Number Y7D5MXRU2839 DUNS# 080431574 Federal Tax ID: 81-3911287 Business Size: Small Business Date: 4/6/2023, 11:08 AM Phone: 571 707-4130 Fax: 571-291-4119 Email: sales@vertosoft.com Vertosoft Contact: David Ball Phone: (571) 218-5194 Email: david.ball@vertosoft.com Workiva Quote for City of Bozeman, MT Contract: Open Market Quote #: Q-02081 Expires On: 5/6/2023 Ship To City of Bozeman, MT Quote For: Name: Melissa Hodnett Company: City of Bozeman, MT Email: mhodnett@bozeman.net Phone: PAYMENT TERMS DELIVERY METHOD PAYMENT METHOD VERTOSOFT CUST ID SUPPLIER REF # Net 30 Electronic Check/ACH/Credit Card Overall POP Start Date: 4/11/2023 Overall POP End Date: 4/10/2024 PART #DESCRIPTION QTY UNIT PRICE EXTENDED WDESK-CGFRS-01 Connected Government Financial Reporting Solution with Wdata - Per Unit 2.00 $17,500.00 $35,000.00 TOTAL:$35,000.00 Quote Terms By purchasing the products and services described in this order form, the Customer is expressly agreeing to the attached Terms and Conditions. Taxes: Sales tax shall be added at the time of an invoice, unless a copy of a valid tax exemption or resale certificate is provided. Credit Card Orders: Additional fees may apply if paying by credit card. Page 1 of 2 Exhibit A to the End User Terms / Software as a Service Agreement 235 All Purchase Orders must include: End User Name, Phone Number, Email Address, Purchase Order Number, Government Contract Number or Our Quote Number, Bill-To and Ship-To Address (Cannot ship to a PO Box), Period of Performance (if applicable), and a Signature of a duly Authorized Representative. Page 2 of 2 City of Bozeman, MT AGREED TO AND SIGNED by authorized representatives of each of the Parties on the dates indicated below. By: Name: By: Name: Title: Date: Title: Date: Vertosoft, LLC 236 BY SIGNING AN ORDER REFERENCING, OR BY OTHERWISE MANIFESTING AGREEMENT TO THIS END USER ACCESS AGREEMENT (THE “END USER ACCESS AGREEMENT” AND ALONG WITH ALL ORDERS, THE “AGREEMENT”) ON BEHALF OF THE ORDER ACTIVITY INDICATED BY YOU AT THE TIME OF ACCEPTANCE (“GOVERNMENT”) YOU ARE HEREBY AGREEING TO THIS END USER ACCESS AGREEMENT ON BEHALF OF GOVERNMENT. IN DOING SO THE YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND GOVERNMENT TO THESE END CLIENT TERMS AND CONDITIONS AND THE AGREEMENT. THE AGREEMENT IS BY AND BETWEEN GOVERNMENT AND WORKIVA INC. (“PROVIDER”). 1.0 Services. Provider agrees to provide the Subscription Services and Professional Services (collectively referred to herein as, the “Services”) as set forth in this End User Access Agreement and the applicable ordering document (an “Order”) entered into by Provider and Government. 1.1 Subscription Services. (a) Beginning on the start date set forth in the applicable Order (the “Start Date”), Provider agrees to provide Government with access to the Software set forth in the applicable Order (“Subscription Services”), and accordingly Provider hereby grants to Government and its employees or third party representatives (“Representatives”), a non-exclusive, non-transferable, worldwide right to access, use, and display the Software in connection with the Subscription Services. Users will be determined on a named user basis rather than on a concurrent user or shared user basis; provided that Government may reassign different individuals on a reasonable basis (e.g., an employee changes positions or leaves Government’s employ). Government is responsible for each of its Representative’s acts and omissions. (b) “Documentation” means the manuals, specifications, and other materials describing the functionality, features, and operating characteristics of the Software, available at https://success.wdesk.com/help, including any updates thereto. “Third Party Software” means software and services authored by a third party, including, the Google App Engine and Amazon Web Services. (c) Government may add Representatives, or additional Software features (“Add-Ons”) to Government’s Software account via the administrative tools; provided that, to the extent Government has exceeded the scope of the applicable Order, Provider may invoice Government for associated Fees for such Add-Ons. Such Fees will be calculated based upon the previously agreed upon pricing set forth in the applicable Order and the remainder of months in the Subscription Term beginning on the first day of the calendar month in which such Add-On is added. (d) Over the course of the Agreement Term Provider may introduce new features, functionality, software, or user types, that are only available under a different pricing model or on a version of Software other than the version Government currently accesses (“New Features”). In the event Government desires to access and use New Features Provider reserves the right, in its sole discretion, to update Government’s Software account, version, or pricing model to facilitate Provider’s provision of such New Features. Provider otherwise reserves the right to update Government’s Software so that it remains current with the then current version available to Provider’s customers generally. 1.2 Professional Services. As set forth in the applicable Order, Provider will provide professional services such as setups, trainings, and other professional services (“Professional Services”). To the extent any such Professional Services are performed at Government’s facilities (“Onsite Services”) the following terms shall apply: (a) The Onsite Services will be scheduled following Provider’s receipt of a fully executed Order. To the extent Government requires a purchase order, Government shall insert any associated reference number in the Billing Contact Section of the Order. Upon receipt of a fully executed Order and purchase order, the parties will determine and finalize scheduling for the Onsite Services. Scheduling will be based upon the Government’s schedule, preferences, requirements, and the availability of Provider’s resources; provided, however, that the onsite services will be conducted onsite at a Government facility during normal business hours, Monday through Friday, between 8:30 a.m. and 5:30 p.m. local Government time, and remotely via telephone and internet. (b) Subject to the parties’ mutually agreed upon start date for Onsite Services Provider has the sole discretion to set the travel schedule of its personnel, on a reasonable basis (e.g., avoiding weekend or after hours travel). Portions of the Onsite Services may be performed remotely. Provider shall not be liable for delays that arise out of Government’s negligent acts or omissions, or by Government’s breach of the Agreement. (c) Government agrees to reasonably cooperate with Provider until the Onsite Services are successfully completed. Government provides Provider with a single point of contact who will receive all communications regarding the Onsite Services; failure to provide a single point of contact may result in an increase or change to the onsite services scope, quote, and/or length. The contact must have the authority to act for Government in all aspects of the onsite services, including but not limited to bringing issues to the attention of the appropriate persons within Government’s organization and resolving conflicting requirements. Additionally, the contact will (a) ensure that any communications between Provider and Government, including scope related questions or requests, are made through the appropriate Provider personnel, (b) provide timely access to technical and business points of contact, and required data/information for matters related to the scope of the onsite services; ensure attendance by key Government contacts at Government meetings and presentations, (c) obtain and provide project requirements, information, data, decisions, and approvals within one (1) working day of Provider’s request, unless both parties agree to a different response time, and (d) ensure that Provider personnel have reasonable and safe access to the Onsite Services site, internet connectivity, a safe working environment, adequate office space, and appropriate conference room facilities (including projector and whiteboard access) for meetings. Government must inform Provider of all access issues, required security measures, and provide 237 access to all necessary facilities. Government will back up its files and Data prior to Provider’s commencement of the Onsite Services. (d) Government will be invoiced for the Onsite Services as set forth in the Order. Fees and expenses associated with the Onsite Services shall be paid as set forth in the Order and in accordance with the terms and conditions of the Agreement. For the avoidance of doubt, any expenses related to the Onsite Services are included in the relevant Hourly Rate. (e) The parties acknowledge that each party retains sole ownership in its intellectual property, and that any deliverables or transfer of ownership in intellectual property shall be specifically addressed in the relevant Order. (f) The “Change Control Process” is the process that governs changes to the scope of the Onsite Services. A written Change Order will be the vehicle for communicating any desired changes to the Onsite Services. The “Change Order” will describe any proposed changes to the Onsite Services’ scope, pricing, resources, and tasks; the reason for the change(s); related assumptions and Government responsibilities; and the schedule and price impacts of the change. Provider will draft the Change Order based on discussions with Government. Only changes included in a Change Order signed by both Government and Provider referencing the Agreement and the applicable Order will be implemented. In some cases, a Change Order will authorize Provider to study the impacts that a proposed change will have in terms of required changes to the Onsite Services’ scope, schedule, and price. If, upon completion of the study, Government agrees to proceed with an identified scope change, Provider will draft a separate Change Order to detail the specifics associated with that change. 2.0 Support; Security; Data. 2.1 Support. As a part of the Subscription Services, Provider shall provide Government with support as set forth in the applicable Order. 2.2 Security. As a part of the Subscription Services, Provider shall maintain appropriate administrative, physical, and technical safeguards for the security, confidentiality and integrity of any data or information inputted, edited, authored, generated, managed, or otherwise submitted by Government or its Representatives into Government’s subscription account (the “Data”). In the event Provider learns that there has been unauthorized access to or unauthorized acquisition or misuse of the Data on Provider’s systems or premises (a “Security Event”), Provider will promptly give notice to Government, unless prohibited by law. Upon the occurrence of a Security Event, Provider shall (a) promptly take such steps it reasonably deems appropriate to contain and control the Security Event to prevent further unauthorized access to or misuse of the Data, as applicable, and (b) unless prohibited by law, continue to provide periodic updates relating to the investigation and resolution of the Security Event to Government until it has been resolved. Unless prohibited by law and subject to the other provisions herein, Provider will, upon reasonable request, cooperate with Government in investigating each Security Event, including providing reasonably requested information regarding the nature, investigation, or resolution thereof. 2.3 Other Responsibilities. Provider shall not modify, disclose (except as compelled by law in accordance with Section 5.4, to perform Services or as expressly permitted in writing by Government), or access (except to provide or improve the Software or Subscription Services and prevent or address service or technical problems, or at Government’s request in connection with Support) the Data. Provider and its service providers may not otherwise collect, use, disclose, or utilize the Data. Provider shall provide the Subscription Services in accordance with applicable laws and government regulations. Except as otherwise agreed in writing, Government is responsible for the accuracy, truthfulness, consistency, completeness, and any output from the Software, and consents to use of all Data in accordance with the Agreement, and Provider will neither have the responsibility to review, nor any liability as to the accuracy of, any information or content posted by Government or its Representatives. Government’s and its Representatives’ use of the Software will comply with applicable local, state, Federal and international law, regulations and conventions, including without limitation those related to data privacy, international communications and the exportation of technical or personal data. Government represents and warrants to Provider that Government has sufficient rights in the Data to authorize Provider to process, distribute and display the Data as contemplated by the Agreement, and that the Data and its use hereunder will not violate or infringe the rights of any third party. 2.4 Web Analytics. Google Inc., Amazon Web Services, Inc., and Workiva Inc. (“Cloud Hosting Providers”) are included in the provision of the Subscription Services. Provider and its Cloud Hosting Providers may record and collect information related to Government’s subscription account activity (e.g., typical web analytics, which includes latency, packet size, hops, and source destination) in the course of providing the Subscription Services, but may only use such information to improve the Subscription Services and/or fulfill its rights and obligations under the Agreement. Collection of such information by Cloud Hosting Providers is not individually linked to Government or its Representatives, is de-identified, and is aggregated across all of Provider’s customers. Any use of such information is subject to the terms of Section 5. 3.0 Fees; Payment. Government shall pay Provider the fees associated with the Services (“Fees”) as set forth below. 3.1 Invoicing. Government shall (subject to anything contrary in the applicable Order) pay all Fees for Subscription Services prior to each upcoming renewal therefore and no later than thirty (30) days from receipt of invoice. In the event Provider is providing Professional or Onsite Services, Government shall make payment as set forth in the applicable Order or statement of work. 3.2 Taxes. Provider shall state separately on invoices taxes excluded from the fees, and the Government agrees either to pay the amount of the taxes or provide evidence necessary to sustain an exemption, in accordance with FAR 52.229-1 and FAR 52.229-3. 238 3.3 [Reserved] 4.0 Term; Termination. 4.1 Agreement & Subscription Term; Effect of Termination. The Agreement begins on the date Government enters into this End User Access Agreement as set forth in the preamble above, or the date on the first Order between the parties hereto, whichever is earlier, and shall continue until all Orders and associated with the Agreement have expired or have otherwise been terminated (the “Agreement Term”), subject to Section 11.8. Unless otherwise specified in an Order, Subscription Services will begin on the Start Date in the applicable Order and remain in effect for the period specified therein (the “Subscription Term”). Upon any expiration or termination of the Agreement, Provider will cease providing Subscription Services and Government and its Representatives shall cease any and all use of the Software. 4.2 Survival. Neither expiration nor termination of the Agreement will terminate those obligations and rights of the parties pursuant to provisions of the Agreement which by their express terms are intended to survive and such provisions will survive the expiration or termination of the Agreement. Without limiting the foregoing, Sections 4.2, 5, 6, 8, 10, and 11 shall survive any expiration or termination of the Agreement. 5.0 Confidentiality. 5.1 Confidential Information. In connection with the Agreement, each of the parties may disclose to the other party information that relates to the disclosing party’s or disclosing party’s Governments’ business operations, financial condition, Governments, products, services, or technical knowledge (“Confidential Information”). Except as otherwise specifically agreed in writing, each party agrees that: (a) all information communicated to it by the other in connection with the Agreement and identified as confidential, (b) any information exchanged between the parties in connection with Government’s purchase of Services, and (c) all information communicated to it that reasonably should have been understood by the receiving party, because of confidentiality, descriptions or similar legends, the circumstances of disclosure or the nature of the information itself, to be confidential to the disclosing party, will be Confidential Information and will be deemed to have been received in confidence and will be used only for purposes of the Agreement. Provider Confidential Information includes the Software, Services, development plans, and any security specifications, reports or assessments related to the Software, Provider or its Cloud Hosting Providers. Government Confidential Information includes the Data. Provider recognizes that Government agencies are subject to the Freedom of Information Act, 5 U.S.C. 552, which requires that certain information be released, despite being characterized as “confidential” by the vendor. 5.2 Standard of Care; Third Parties. Each party will use at least the same degree of care to safeguard and to prevent disclosing to third parties the Confidential Information of the other as it employs to avoid unauthorized disclosure or publication of its own information of a similar nature, and in any event, no less than reasonable care. Each party may disclose relevant aspects of the other party’s Confidential Information to its employees to the extent such disclosure is reasonably necessary for the performance of its obligations, or the enforcement of its rights, under the Agreement; provided, however, that such party will use reasonable efforts to ensure that all such persons comply with these confidentiality provisions. Each party may disclose the other party’s Confidential Information to third parties provided that such third parties are subject to written confidentiality obligations at least as restrictive as those set forth in this End User Access Agreement. Third parties are restricted to using the Confidential Information for the sole purpose of providing the contracted services to the party. Each party will be responsible for any improper disclosure of Confidential Information by such party’s employees, agents, or contractors. 5.3 Preclusions on Use. Neither party will use, or make any copies of, the Confidential Information of the other party except to fulfill its rights and obligations under the Agreement. Neither party may withhold the Confidential Information of the other party or refuse for any reason (including due to the other party’s actual or alleged breach of the Agreement) to promptly return or destroy, as the other party may direct, to the other party its Confidential Information (including copies thereof) if requested to do so. Subject to the foregoing confidentiality obligations, either party may retain copies of the Confidential Information of the other party to the extent required to document its performance or for compliance with applicable laws or regulations. 5.4 Exclusions; Permitted Use. This Section 5 will not apply to any particular information that either party can demonstrate (a) was, at the time of disclosure to it, in the public domain, (b) after disclosure to it, is published or otherwise becomes part of the public domain through no fault of the receiving party, (c) was in the possession of the receiving party at the time of disclosure to it and was not the subject of a pre-existing confidentiality obligation, (d) was received after disclosure to it from a third party who had a lawful right to disclose such information (without corresponding confidentiality obligations) to it, or (e) was independently developed by or for the receiving party without use of the Confidential Information of the disclosing party. In addition, a party will not be considered to have breached its obligations under this Section 5 for disclosing Confidential Information of the other party to the extent required to satisfy any legal requirement of a competent governmental or regulatory authority, provided that promptly upon receiving any such request, and to the extent it is legally permissible, such party advises the other party prior to making such disclosure and provides a reasonable opportunity to the other party to object to such disclosure, take action to ensure confidential treatment of the Confidential Information, or (subject to applicable law) take such other action as it considers appropriate to protect the Confidential Information. 6.0 Ownership; Usage Restrictions. 6.1 Provider Ownership. Provider retains all ownership of and title to, and all intellectual property rights in, the Software, Services, and all software, equipment, processes, facilities, and materials utilized by or on behalf of Provider to provide the same, including all patents, trademarks, copyrights, trade secrets, and other property or intellectual property rights. Government acknowledges and agrees that Provider shall own all right, title and interest in and to any modifications, changes, expansions, improvements to, or works based on, the Software, without any other or subordinate right whatsoever being held by Government. Government shall acquire no rights in the Software other than those limited rights of use specifically conferred by the Agreement. Government may not create derivative works based upon the Software, or Services in whole or in part, or develop or 239 request third parties to develop or modify any software based on ideas, processes, or materials incorporated therein. Government shall not delete, remove, modify, obscure, fail to reproduce, or in any way interfere with any proprietary, trade secret, or copyright notice appearing on or incorporated in the Software. All rights related to the Software, or Services that are not expressly granted to Government under the Agreement are reserved by Provider. 6.2 Government Ownership. With the exception of a license granted to Provider to use the Data solely for the purpose of performing Services, Provider acquires no right, title, or interest from Government or its Representatives to the Data, including any intellectual property rights therein. Subject to the Agreement, Government, its Representatives and each of its Affiliates hereby grant Provider a limited, royalty-free, fully-paid up, non-exclusive and non-transferable license to process the Data in the United States (unless otherwise stated on an Order) solely as necessary to provide the Services for Government’s and such Affiliates’ benefit as provided in the Agreement (and as otherwise instructed by Government or a Representative) for so long as Government or any Representative uploads or stores such Data in the Software. 6.3 Usage Restrictions. Unless expressly agreed otherwise in the applicable Order, Government may access and use the Software for Government’s business use only, and not for the benefit of, or to provide services to, any third party. The rights granted to Government under the Agreement may not be sold, resold, assigned (except as set forth in Section 11.3), leased, rented, sublicensed, or otherwise transferred or made available for use by third parties, in whole or in part, by Government without Provider’s prior written consent. Government shall not gain or attempt to gain unauthorized access to any portion of the Software, or its related systems or networks, for use in a manner that would exceed the scope granted under the Agreement, or facilitate any such unauthorized access for any third party. If any unauthorized access occurs, Government shall promptly notify Provider of the incident and shall reasonably cooperate in resolving the issue. Government shall not reverse engineer, decompile, or disassemble any Software or otherwise attempt to discover the source code thereof or permit any third party to do so. Government shall not attempt to disable or circumvent any security measures in place. Government may not knowingly reproduce or copy the Software, in whole or in part. Government shall not modify, adapt, or create derivative works of the Software. Government shall not use the Software to store or transmit libelous or otherwise unlawful or tortious material or any material in violation of third party privacy rights. Government shall not knowingly interfere with or disrupt the integrity or performance of the Software or third party data contained therein. 7.0 Subcontracting. 7.1 Use of Subcontractors. Provider may, at its discretion, use contractors, agents, service providers, third parties, or consultants (“Subcontractor”), who are not a party to the applicable Order as follows: (a) Provider may subcontract various Professional Services to third parties to the extent the Government agrees upon such Subcontractor in the applicable Order for Services. (b) Provider’s use of the Cloud Hosting Providers for the purpose of providing the Subscription Services. (c) Except as permitted in Section 7.1(a) or (b) Provider will not subcontract for performance of, or delegate any of its responsibilities under, this Agreement without first obtaining the prior written approval of Government. When seeking approval, Provider will give Government reasonable prior written notice specifying the components of the Services affected, the scope of the proposed subcontract, the identity and qualifications of the proposed Subcontractor and the results of any due diligence carried out with regard to the proposed Subcontractor. (d) Subcontractors must be identified on the applicable Order in which Provider intends to use that Subcontractor. With the exception of the Cloud Hosting Providers Government may approve or reject proposed Subcontractors in its sole discretion. 7.2 Provider Responsibility. Provider will require and cause its Subcontractors to comply with all relevant terms of this Agreement and will be responsible for any failure of its Subcontractors to so comply. Provider must monitor its Subcontractors’ performance of any obligations under this Agreement or any Order and report to Government on such performance as Government may request. Provider will remain responsible for obligations performed by Subcontractors to the same extent as if such obligations were performed by Provider, and for all other acts and omissions of its Subcontractors. Provider will be Government’s sole point of contact regarding the Software, including with respect to payment. Nothing in this Agreement creates any contractual relationship between Government and any Subcontractor, or any obligation on the part of Government to pay or to ensure the payment of any money due any Subcontractor. 8.0 Warranties. 8.1 Provider Representations and Warranties. Provider warrants (a) that the Software will perform materially in accordance with the Documentation and the Agreement, (b) to use best efforts to correct material defects that are reported by Government or its Representatives as further set forth in the Service Levels (if a malfunction is due to a problem with Government hardware or software, Provider will so inform Government and it will be Government’s responsibility to obtain and pay for any repairs or modifications required for such Government hardware or software), (c) the Services will be performed in a timely, professional, and workmanlike manner with a level of care, skill, practice, and judgment consistent with commercially reasonable industry standards and practices for similar services, using personnel with the requisite skill, experience, and qualifications, and will devote adequate resources to meet Provider’s obligations under the Agreement, (d) the Documentation will be reasonably updated so that it continues to describe the Software and Subscription Services in all material respects, and (e) to the best of its knowledge, the Software does not contain code whose purpose is to disrupt, damage, or interfere with Government systems, software, or the Data. 8.2 Government Acknowledgements. Government accepts responsibility for selection of the Services to achieve Government’s intended results. Government is solely responsible for obtaining all necessary rights and consents to enter the Data 240 into the Software and hereby warrants that providing the Data to Provider under the Agreement will not violate or infringe the rights of any third party. 9.0 Indemnification by Provider. Provider shall defend, indemnify and hold Government harmless from and against any damages arising out of third party claims alleging that the Software or Subscription when used as authorized under this Agreement infringes a patent, copyright, or trademark, including costs awarded or agreed in settlement by Provider (including reasonable attorneys’ fees) resulting from such claim, provided that Provider shall have received from Government: (1) prompt written notice of such claim (but in any event notice in sufficient time for Provider to respond without prejudice); (2) the right to control and direct the investigation, defense, and settlement (if applicable) of such claim, to the extent permitted under 28 U.S.C. §516; and (3) all reasonably necessary cooperation from Government. If Government’s Subscription is (or in Provider’s opinion is likely to be) enjoined, if required by settlement or if Provider determines such actions are reasonably necessary to avoid liability, Provider may, in its sole discretion: (a) substitute for the Software substantially functionally similar programs and documentation; (b) procure for Government the right to continue using the Software; or if (a) and (b) are not commercially reasonable, (c) terminate the Agreement and refund Government any pre-paid and unearned Subscription fees. The foregoing obligations of Provider shall not apply: (i) if the Software is modified by any party other than Provider, but solely to the extent the alleged infringement is caused by such modification; (ii) if the Software is combined with products or processes not provided or authorized by Provider, but solely to the extent the alleged infringement is caused by such combination; (iii) to any unauthorized use of the Software; (iv) to any unsupported release of the Software; (v) to any third-party code contained within the Software; or (vi) if Government settles or makes any admissions with respect to a claim without Provider’s prior written consent. 10.0 Disclaimer; Limitation of Liability. 10.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE, INCLUDING WITHOUT LIMITATION THE THIRD-PARTY SOFTWARE, AND ALL SUBSCRIPTIONS, AND SUBSCRIPTION SERVICES ARE PROVIDED “AS IS”. NEITHER PROVIDER NOR ITS LICENSORS MAKES ANY OTHER WARRANTIES, CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. GOVERNMENT MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE SUBJECT TO THE LIMITED WARRANTY PERIOD. 10.2 BUT FOR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 9.0, (I) NEITHER PARTY SHALL BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR COSTS OF COVER), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, AND (II) EACH PARTY’S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID OR OWED BY GOVERNMENT TO PROVIDER FOR SUBSCRIPTION SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM FIRST ACCRUED. 10.3 [Reserved] 11.0 Miscellaneous. 11.1 Notice. Any notice or demand which is required to be given under the Agreement will be deemed to have been sufficiently given and received for all purposes when delivered by hand, confirmed electronic transmission, or nationally recognized overnight courier, or five (5) days after being sent by certified or registered mail, postage and charges prepaid, return receipt requested, to the address, facsimile number, or the e-mail address identified in the applicable Order, and to the attention of such other person(s) or officer(s) as either party may designate by written notice. 11.2 Governing Law. Without regard to its conflicts of laws principles, the laws of the State of Montana govern all matters arising under or relating to the Agreement. 11.3 Assignment. Neither party may assign the Agreement, or any of its interest herein, without the prior written consent of the other party, which consent may not be unreasonably withheld or delayed. The Agreement applies to and binds the permitted successors and assigns of the parties. 11.4 [Reserved] 11.5 [Reserved] 11.6 Government End-Users. Provider provides the Subscription Services and Software, including related software and technology, for ultimate government end use solely in accordance with the following: Government technical data and software rights related to the Software include only those rights customarily provided to the public as defined in this End User Access Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data-Commercial Items) and DFAR 227.7202-03 (Rights in Commercial Computer Software or Computer Software Documentation). If any portion of the Software is deemed “non-commercial,” the Services are licensed under the terms hereof and under the RESTRICTED RIGHTS set forth in the applicable FARs and DFARs (and the Government’s use, duplication and disclosure rights are restricted as set forth therein). If a Government agency has a need for rights not conveyed under these terms, it must negotiate with Provider to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement. 241 11.7 [Reserved] 11.8 [Reserved] 11.9 General. The Agreement supersedes all previous discussions, negotiations, understandings, and agreements between the parties with respect to its subject matter. No oral statements or material not specifically incorporated herein will be of any force and effect. No changes in or additions to this End User Access Agreement will be recognized unless incorporated herein by amendment and signed by duly authorized representatives of both parties. The Agreement will not be construed against either party as the purported drafter. The waiver by either party of a breach or violation of any provision of the Agreement will not operate as, or be construed to be, a waiver of any subsequent breach of the same or any other provision hereof. In the event any provision of the Agreement is held to be unenforceable for any reason, the unenforceability thereof will not affect the remainder of the Agreement, which will remain in full force and effect and enforceable in accordance with its terms. With respect to any unenforceable provision, the court shall deem the provision modified to the extent necessary, in such adjudicator’s opinion, to render such term or provision enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties set forth herein. Headings in this End User Access Agreement shall not be used to interpret or construe its provisions. The following order of precedence will be followed in resolving any inconsistencies between the terms of this End User Access Agreement and the terms of any Orders, exhibits, statements of work, or other documents: first, terms contained in an Order; second, the Sections 1 - 11 in of this End User Access Agreement, including any referenced URLs (which may give priority to Orders for certain purposes); and third, the terms of any other documents referenced in any of the foregoing. 242 Cloud Services Questions 1) Service Levels: What level of service should we expect? What is the City’s recourse for excessive downtime? Refund of percentage of monthly fee? Workiva is designed to handle significant scale and our service level commitment is 99.5% uptime. Workiva maintains a service level details (https://www.workiva.com/legal/service-level-commitment-9232022) that outline service credits. 2) Data Ownership: Who owns the data we provide and what can be done with the data? The Customer owns the Customer Data input to the Workiva Platform. The Customer controls the access to the Customer Data in the Platform. Additional details are covered within the contract. 3) ADA Compliance: If your proposed services include websites, they must be AA compliant as defined by WCAG (Web Content Accessibility Guidelines) standards. Workiva maintains a Voluntary Product Accessibility Template (VPAT) outlining the WCAG Level A and AA compliance. 4) Data Security: How secure is our data and how is it being kept secure? a. If this is a multi-tenant environment on the same hardware how is our data kept separate and secure from other customers, including any PII (Personally Identifiable Information) that may be gathered? Data segregation is a fundamental concept within the Workiva Platform architecture. The Workiva Platform is a multi-tenant, cloud-based application that has been built from the ground up to protect and secure sensitive information. Customers share the same physical instance of the platform, while all data stored within the Platform is tagged to a specific tenant. Read and write operations against this data are subjected to a number of security checkpoints and controls to ensure that the requester is authorized to access the data being modified. When a user creates or imports new data, the new objects are irrevocably linked to the tenant and to the user. Workiva maintains these links automatically, even as data is shared across documents and workspaces, which restricts access based on Workiva authorization and permission logic. The Platform encrypts all data at rest and in transit. The Platform requires authentication and authorization for all data operations and logs activities. b. If PII is gathered, is it encrypted in transit and at rest? The Platform encrypts all data at using AES-256. The Platform encrypts data in transit over Transport Layer Security (TLS) 1.2+. Workiva policy is to encrypt customer confidential information in transit, in process or at rest. 243 c. If credit card transactions are occurring is your system fully PCI compliant? The Budget Book proposal should not require credit card transactions. The Workiva Platform is not PCI compliant at this time. 5) Data Integrity: What do you do as a vendor to ensure our data maintains its integrity? Workiva implements the NIST Risk Management Framework (RMF) including the implementation of the relevant security controls for confidentiality, integrity, and availability. Workiva is ISO 27001 certified. Workiva completes annual SOC 1 Type 2 and SOC 2 Type 2 reports. The Platform is FedRAMP authorized. For specific data field integrity, the Workiva Platform utilizes unique ID's assigned to client-server transactions to ensure one-time processing. The Platform also has health checks incorporated into the various document types that check: Health checks for issues in the following categories: • Link Limit: Whether a table is approaching the link limit • Formulas: Formula warnings and references to improperly formatted cells • Linking: Broken links in text or tables • Data Precision: Checks for data precision settings • Data Validation: Invalid entries in cells containing data validation rules • Content: Reviews text entries for issues • Image: Missing or broken images For more information please see the following links. https://support.workiva.com/hc/en-us/articles/360037659992-Document-Health https://support.workiva.com/hc/en-us/articles/360035639632-Manage-Filing-Health https://support.workiva.com/hc/en-us/articles/360037660052-Document-Health-for-Spreadsheets 6) We require data centers to be located in the United States: What country will our data be located in? Workiva will use data centers located within the continental United States. Workiva leverages Amazon Web Services (AWS) and Google Cloud Platform (GCP) for infrastructure and platform services for the Workiva Platform. For customers with United States requirements, Workiva uses AWS and GCP data centers located in the continental United States. The primary Amazon Data Centers and Availability Zones for Workiva in the United States are Northern Virginia with us-east-1a, 1b, 1c, 1d, 1e, 1f (https://aws.amazon.com/about-aws/global-infrastructure/). The primary Google Data Center for Workiva in the United States, is Council Bluffs, IA and the backup is Mayes County, OK and South Carolina (nam 5) (http://www.google.com/about/datacenters/inside/locations/index.html). 7) Responding to legal demands to disclose data: What is your process when someone subpoenas or requests our data from you as a vendor? Workiva will abide by valid legal requests and will notify our customers if we are able to do so. 8) Reporting: What is your protocol for data breaches? 244 Customers are notified about incidents per the Workiva Incident Response Plan. Workiva will advise customers in the event of incidents such as breaches of their data, significant outages/accessibility of our services, and significant events that would significantly impact our ability to provide contracted support services. The Incident Response Plan includes the following: • Roles and responsibilities with a team and a dedicated leader which is tested annually; • Methods for investigation and escalation assessing the event to determine the risk the event poses including proper escalation; • Processes regarding internal communications, reporting and notification and external reporting and notification; • Appropriate documentation of the event, incident and investigation of what was done and by whom with authorization for later analysis and possible legal action; and • An audit of the incident conducting root cause analysis and remediation. Availability status of the Workiva Platform can be found on status.workiva.com and Workiva Security Bulletins can be found on https://support.workiva.com/hc/en-us/sections/4405094352660-Security-Bulletins- 9) Disaster Recovery: What protections/protocols do you have in place to mitigate disasters? Workiva includes provisions for high availability, disaster recovery and data recovery. Workiva leverages Amazon Web Services (AWS) and Google Cloud Platform (GCP) for infrastructure and platform services providing a robust infrastructure with geographically dispersed data centers and data redundancy. Workiva has a written plan of action to allow Workiva to rapidly respond to key enterprise resource needs in the event of an unplanned event (facilities emergency, natural disaster, cyber events, or adverse conditions). Workiva plan of action in case of a disaster or pandemic includes our support infrastructure, Customer Success, Information Technology, Production environment. This plan addresses the following major areas: • A Business Impact Analysis, including the identification of key services provided for core and ongoing operations including the assignment of criticality for enterprise resources which support our key services. • Communications Plan. • Plan Scenarios. • Organizational Contacts, Authorization and Succession Planning. • Recovery Strategy and Preparedness. • Plan Ownership and Maintenance. As a Business Continuity strategy, Workiva personnel have laptop computers with the capability of working from anywhere, due to the cloud nature of our infrastructure and applications. Our cloud based infrastructure and application allow for support personnel to recover from home or other locations. All communications are encrypted using TLS version 1.2+ and laptops themselves are encrypted with BitLocker. Additionally, Workiva 245 has the capability of transferring work between geographic zones including Ames, Iowa (headquarters), Chicago, IL., Denver, CO., New York City, NY., and Scottsdale, AZ (Secondary/Backup HQ). Workiva production databases are replicated in real-time to physically separate data center locations while binary logs record all database activity in order to provide point-in-time recovery. Backups are retained for thirty days, and are always stored encrypted-at-rest (AES-256). Workiva Platform editor provides detailed document history and revision control allowing a user to recover or compare against any past revisions. Workiva performs a fail-over test annually to test our defined Recovery Point Objective (RPO) 24 hours and Recovery Time Objective (RTO) 8 hours, and results of this test can be provided upon request. Restore testing of backups is completed annually. 10) Business Continuity/Exit: If you decide to bring your business to an end or we end our relationship what happens to our data? If you give us a copy of our data, what format options will there be for our data and what assistance will you provide getting our data to us? The Workiva Platform allows the customer to administer their Organization within the Platform. At any time, the customer can save/export data. Workiva supports saving/exporting data in multiple formats including docx, xlsx, pptx, csv, and pdf. Workiva also supports exporting in XML format for later use within the Platform. Additionally, automated document identification and retrieval can be done using Workiva's Platform REST API (https://developers.workiva.com/). More specifically, the sections "Retrieve a list of documents" and "Initiate a document export" provide information on how this can be programmatically accomplished. 11) Termination rights and consequences: What is your termination policy both for you as a vendor and us as a customer? This would be defined by our contract. Questionnaire Completed by:__Frank Foertschbeck______________ Date:_04/04/2023________________ 246 Memorandum REPORT TO:City Commission FROM:Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement for Banking Services with US Bank MEETING DATE:April 11, 2023 AGENDA ITEM TYPE:Finance RECOMMENDATION:Approve the first amendment to the Professional Services Agreement for Banking Services with US Bank to extend the current contract through May 1, 2024. 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: 7-6-206. Time deposits -- repurchase agreement. (1) Public money not necessary for immediate use by a county, city, or town that is not invested as authorized in 7-6-202 may be placed in time or savings deposits with a bank, savings and loan association, or credit union in the state or placed in repurchase agreements as authorized in 7-6-213. Money placed in repurchase agreements is subject to subsection (2). (2) The local governing body may solicit bids for time or savings deposits from a bank, savings and loan association, or credit union in the state. The City of Bozeman’s current contract for banking services will expire on May 1, 2023. Under our current contract, we can renew this agreement twice for an additional (1) year before going back out for bids. This will be the first renewal for one additional year. US Bank has been our current bank since 2011. US Bank’s credit ratings put them as an industry leader in the nation in financial performance, safety, soundness and collateralization. The services available to us are extensive and give us optimum protection for fraud prevention. I have also worked with the Vice President & Relationship Manager for Government Banking at 247 US Bank for a number of years and am very confident in her knowledge and ability to assist the City of Bozeman with our financial needs. UNRESOLVED ISSUES:None ALTERNATIVES:Go out for bid. FISCAL EFFECTS:We will continue to maintain our relationship and bank accounts with US Bank. Attachments: PSA Amendment-U.S. Bank (002).docx Report compiled on: March 27, 2023 248 First Amendment to Professional Services Agreement for Banking Services FY 2023 Page 1 of 3 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Banking Services dated May 1, 2018 (the “Agreement”) is made and entered into this 1st day of May 2023, 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 U.S. Bank National Association, with a mailing address of 302 North Last Chance Gulch, Helena, MT 59601, hereinafter referred to as “U.S. Bank.” hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1.Extension of Term. Per section 29 of the Agreement, the Agreement is extended for an additional one (1) year period. The Agreement shall terminate on May 1, 2024. 2.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 249 First Amendment to Professional Services Agreement for Banking Services FY 2023 Page 2 of 3 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. 3.Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 250 First Amendment to Professional Services Agreement for Banking Services FY 2023 Page 3 of 3 IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA U.S. BANK NATIONAL ASSOCIATION By________________________________By Jeff Mihelich, City Manager Print Name: Kim Spiroff Title:Senior Vice President APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 251 Memorandum REPORT TO:City Commission FROM:Jay Porteen, Code Compliance Program Manager Anna Bentley, Community Development Director SUBJECT:Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with Western Skies to Extend the Existing Contract through June 1, 2023 MEETING DATE:April 11, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager or his designee to sign a contract extension for the current Community Development snow removal contractor, Western Skies. 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:The City retains a contractor for snow removal, as necessary and consistent with the Bozeman Municipal Code (BMC). Contractor services are used on an as-needed basis and in direct coordination with Community Development staff. An amendment to the existing contract with Western Skies is necessary to allow continued snow removal. The proposed extension is through June 1, 2023. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:This contract extension allows the City to continue to use Western Skies services on an ad hoc/as-needed basis through June 1, 2023. It does not change the rates or general terms of prior contracts. Attachments: Western Skies Extension.pdf Report compiled on: April 4, 2023 252 pa^y^0c>*'<ff»*coFIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENTTHIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FORsidewalk snowjemoval dated January 4, 2022 (the "Agreement") is made and entered into this3 / day of_/jQ^^__, 2023, by and between the CITY OF BOZEMAN, MONTANA, aself-governing municipal corporation organized and existing under its Charter and the laws of theState of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address ofPO Box1230, Bozeman, MT 59771, hereinafter referred to as "City," and Western Skies Landscapes, LLC,P.O. Box 3502, Bozeman, MT 59718, hereinafter referred to as "Contractor.""In consideration of the mutual covenants and agreements herein contained, the receipt andsufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreementas follows:1. Extension of Term. Section 2 of the Agreement is extended. The Agreement shallterminate on June 1, 2023.2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.I**** END OF AGREEMENT EXCEPT FOR SIGNATURES****First Amendment to Professional Services Agreement for Code Compliance Snow Removal ServicesFY 2021-FY 2022Page 1 of 2253 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day andyear first above written.CITY OF BOZEMAN, MONTANABy_Jeff Mihelich, City ManagerAPPROVED AS TO FORMBy_Greg Sullivan, Bozeman City AttorneyWESTERN SKIES LANDSCAPES, LLC^7ABy^PrmiNan^: ^^ ^^^^le: Ok^r ^vI1First Amendment to Professional Services Agreement for Code Compliance Snow Removal ServicesFY 2021-FY 2022Page 2 of 2254 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Dirctor SUBJECT:Resolution 5481, Intent to Create a Special Improvement Lighting District 779 for Norton East Ranch Phase 6 MEETING DATE:April 11, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5481, Intent to Create Special Improvement Lighting District 779 for Norton East Ranch Phase 6. 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:7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs 255 by billing property owners each year on their City Assessment bill. It is estimated to cost $12.48 per acre within the district or $264.00 annually for the entire district, or on an average size lot of 230,432.00 square feet the annual estimated cost would be $66.14, which is payable semiannually. Attachments: Resolution 5481-Intent to Create SILD 779.docx Exhibit A.pdf Exhibit B-Norton Ranch East Phase 6.pdf Report compiled on: March 28, 2023 256 Page 1 of 10 RESOLUTION 5481 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 779 (NORTON EAST RANCH PHASE 6)DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1 Intention to Create District; Proposed Improvements.It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve Norton East Ranch Phase 6 (the “District”) for the purpose of maintenance and energy costs.The district will pay the maintenance and energy costs for six (6) Signify Lumec RoadFocus large LED Cobrahead 30 watt single upsweep luminaires on round tapered steel poles, mounted at 30 feet per City of Bozeman standards. The poles will be K-KLAD over galvanized –Hunter Green. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $3.67 per 30 watt LED fixture or; $22.00 total for all 30 watt fixtures. This calculates to $264.00 annually. Section 2 257 Resolution 5481, Intent to Create Lighting District 779 Page 2 of 10 Number of District. The District, if the same shall be created and established, shall be known and designated as Special Improvement Lighting District No. 779 (Norton East Ranch Phase 6) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the Improvements and will be assessed for the costs of the Improvements as described in Section 1. The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the Improvements. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, based on the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5.The annual maintenance and energy costsare estimated at $264.00, andshall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is 21.16 acres, or 258 Resolution 5481, Intent to Create Lighting District 779 Page 3 of 10 921,730.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $12.48 or $0.000287 per square foot annually. Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $264.00, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $36.11 per acre, or $0.000829 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation of District. If at any time after the initial term of the District a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting 259 Resolution 5481, Intent to Create Lighting District 779 Page 4 of 10 system, the maintenance and operation may not be discontinued until after the expiration of the contract. Section 9 Public Hearing; Protests. At any time within fifteen (15) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and taxation for the cost and expense of maintenance and energy may make and file with the City Clerk until 5:00 p.m., M.T., on the expiration date of said 15-day period (May 1, 2023) written protest against the proposed maintenance and energy costs, or against the extension or creation of the District or both, and this Commission will at its next regular meeting after the expiration of the fifteen (15) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which said regular meeting will be held on May 16, 2023 at 6 pm in Bozeman City Hall, City Commission Room, 121 N Rouse Ave. Section 10 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on April 15, 2023 and April 22, 2023, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 11th day of April, 2023. ___________________________________ CYNTHIA ANDRUS Mayor 260 Resolution 5481, Intent to Create Lighting District 779 Page 5 of 10 ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 261 Resolution 5481, Intent to Create Lighting District 779 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5481, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 779 (NORTON EAST RANCH PHASE 6) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on April 11, 2023, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___________ ___ ; abstained from voting thereon: ________________ ; or were absent: _______________ . WITNESS my hand officially this 11 th day of April, 2023. ___________________________________ MIKE MAAS City Clerk 262 Resolution 5481, Intent to Create Lighting District 779 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 779 (NORTON EAST RANCH PHASE 6) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on April 11, 2023, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 5481 to create Special Improvement Lighting District No. 779 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to NORTON EAST RANCH PHASE 6, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5481 is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and energy costs for six (6) Signify Lumec RoadFocus large LED Cobrahead 30 watt single upsweep luminaires on round tapered steel poles, mounted at 30 feet per City of Bozeman standards. The poles will be K-KLAD over galvanized – Hunter Green. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $3.67 per 30 watt LED fixture or; $22.00 total for all 30 watt fixtures. This calculates to $264.00 annually. All properties in the District will be assessed for their proportionate share of the costs of the Improvements on an “area basis” annually and will be payable in equal semiannual installments. The annual maintenance and energy costs are estimated at $264.00, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is 21.16 acres, or 921,729.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $12.48. The annual assessments for costs of the Improvements 263 Resolution 5481, Intent to Create Lighting District 779 may be increased as approved by the Public Service Commission and may be increased to cover extraordinary expenses of repair and maintenance. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $36.11 per acre, or $0.000829 per square foot. On Tuesday, May 16, 2023, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing to hear and pass upon all written protests against the creation or extension of the District, or the Improvements. Members of the public will also be able to participate remotely via WebEx. Instructions for joining the WebEx meeting will be included on the meeting agenda which is published on the City’s website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings. Written protests against the creation or extension of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on May 1, 2023. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. DATED this 11th day of April, 2023. Mike Maas City Clerk City of Bozeman 264 Resolution 5481, Intent to Create Lighting District 779 Legal Ad Publication Dates: Saturday, April 15, 2023 Saturday, April 22, 2023 265 Resolution 5481, Intent to Create Lighting District 779 RESOLUTION 5481 Resolution of Intent to create SILD No.779 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to NORTON EAST RANCH PHASE 6, and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) Mike Maas, City Clerk, being first duly sworn, says: That I cause to be mailed first class the Notice in regards to the owners in Special Improvement Lighting District No. 779, as listed in Exhibit "B", on Friday, April 14, 2023, directed to the owners at the addresses shown on Exhibit "B". ______________________________ Mike Maas City Clerk Subscribed and sworn before me this 14 th day of April, 2023. (Notarial Seal) _______________________________ Printed Name____________________ Notary Public for the State of Montana Residing at: see seal My Commission expires: see seal 266 HH HH HHHH HH HH 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S FM FM FM FM FM FM FM FM FM FM FM FM FMFMFM8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S8S8S15SD15SD15SD15SD15SD15SD15SD15SD 15SD 15SD15SD15SD15SD15SD15SD15SD 15SD 15SD15SD12SD 15SD15SD15SD15SD8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8WDYH 8W 8W8WDYH DYHDYH8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W DYH8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8SWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW S S S S S S S S S S S S S S S SD SD SD SD SD SD SD S S S S S S S S S S S S S S S SD SD SD SD SD SD SD SD SD SD SDS D S DD S D12W12W12W12W12W12W12W12W12W12W12W12W12W12W12W12W12W12W12W12W12W12W12W12W12W12W12W12W12W12W8W8W8W8W 8W 8W 8S BP BP BPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBP 30SD30SD30SD30SD30SD 30SD15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S S S S S S S 15SD8W 30.00' WIDE PEDESTRIAN & STORM SEWER EASEMENT SEE DETAIL #3 SHEET 5 4795 4795479 0 4785 4785 4800 47 9 5 4795 4790479047 9 0 47954790BPBPBPBPBPNGNGNGBP XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXX OOOOOOOOOOOOOOOOOONGNG DYH DYHDYH S DS S G S S S S S S WVWV WV WV WV WVWV WV WV WV T WV WV PT P T WV WV S201854780.033MHS-TEMPS WVWVSS WV DYHWV WV WV WV WV WV WV WV WVWV WV WV WV WV WV WV WV WV WV SSSSSSSDDYH DYH S S BP BP BPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBP BLOCK 2 LOT 1 6.93 acs. 302002 sq.ft. BLOCK 2 OPEN SPACE 1 3.98 acs. 173294 sq.ft. BLOCK 3 LOT 1 4.66 acs. 202931 sq.ft. BLOCK 3 CITY PARK 1 8.50 acs. 370171 sq.ft. BLOCK 4 CITY PARK 1 2.74 acs. 119234 sq.ft. N0°28'39"W 53.70' N89°31'19"E 322.16'L3S88°44'36"W 193.02'L2S88°43'40"W 262.43'L4N2°11'57"E254.12'S87°48'03"E 120.00'L1S1°20'42"E502.26'S89°04'28"W 249.23'N0°55'32"W67.94'N26°16 '43 "W308.24 'N26°03 '24 "W85.32 'N12°31'56"W69.91'N6°14'03"E78.58'N31 °5 7 '5 0 "W160 .97 'N18°00'44"E147.56'S89°04'28"W 455.41'N0°36'20"W277.38'N18°00'44"E318.61'S0°54'46"E663.13'S89°04'28"W 312.94'S1°13'49"W1001.95'S89°04'28"W 385.91' N89°31'18"E 665.53'S1°13'49"W233.79'S72°0 5 ' 4 4 " E 434.4 2 ' N88°38'24"E 357.61'N22°48'10"W251.56 ' N69° 4 9 ' 3 0 " W 192.7 4 ' N67°11' 5 0 " E 198.14' S89°05'55"E 135.23'N0°46'46"W677.74'BLOCK 1 LOT 1 4.33 acs. 188500 sq.ft. BLOCK 1 LOT 2 5.24 acs. 228253 sq.ft. S85°13'35"W 698.76' 30.00' WIDE STORM DRAIN EASEMENT SEE DETAIL #1 SHEET 5 30.00 SANITARY SEWER EASEMENT SEE DETAIL #2 SHEET 5 30.00 SANITARY SEWER EASEMENT SEE DETAIL #2 SHEET 5 ©COPYRIGHT MORRISON-MAIERLE, INC.,2023 PLOTTED DATE: Mar/23/2023 PLOTTED BY: celine saucier DRAWING NAME: N:\10130\001.01 PrePlat\ACAD\Survey\PRELIM\Lighting Exhibit.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 528FC,L.L.C. GALLATIN 10130.001 1" = 100' 4/2022 KIT KIT MMI 5E 5E 2S 2S 9 9 NWSE NESW LOCATED IN THE NORTHWEST ONE QUARTER OF THE SOUTHEAST ONE QUARTER AND NORTHEAST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. AMENDED PLAT OF LOTS R1A, R1B, R1C, AND R1D OF NORTON EAST RANCH SUBDIVISION PHASE 6 PLAT J-694 WEST QUARTER CORNER SECTION 9 FOUND 2" AC MARKED MDOT. MEASURED BEARING AND DISTANCE TO CALCULATED CENTER QUARTER. 100 200501000 SCALE IN FEET BASIS OF BEARING BOBCAT COORDINATE SYSTEM, NAD83(2011) PER THE "ROCKY MOUNTAIN TRIBAL COORDINATE REFERENCE SYSTEM" Handbook and User Guide, Published September 30th, 2014 and subsequent revisions, established by observations with survey grade receivers. Standard Parallel & Grid Origin: 46°15'00"N Central Meridian: 111°15'00"W False Northing : 100,000.000 Meters False Easting : 100,000.000 Meters Standard Parallel Scale : 1.000185 (exact) AREA SUMMARY- TABLE LOT AREA: PUBLIC R-O-W AREA: OPEN SPACE (PUBLIC): PARK: TOTAL AREA: LEGEND FOUND REBAR WITH PLASTIC CAP FOUND REBAR, 5/8 IN. DIAM. WITH AN ALUMINUM CAP, 1 1/2 IN. DIAM. SET REBAR, 5/8 IN. DIAM. WITH 2" ALUMINUM CAP MARKED 13108LS". FOUND SECTION CORNER AS NOTED FOUND ONE-QUARTER CORNER NOTHING FOUND OR SET RECORD S88°51'56" W 2671.77' MEASURED S89°03'52" W 2674.22'EAST QUARTER CORNER SECTION 9 FOUND 2" BRASS CAP IN MONUMENT BOX. MEASURED BEARING AND DISTANCE TO CALCULATED CENTER QUARTER. RECORD S88°51'56" W 2638.90' MEASURED S89°03'52" W 2638.82'RECORD S0°58'02" W 2702.70'MEASURED S1°09'52" W 2702.33'RECORD N0°58'02" E 2661.05'MEASURED N1°09'52" E 2660.63'POINT OF BEGINNING CALCULATED CENTER ONE QUARTER CORNER SOUTH QUARTER CORNER SECTION 9 FOUND 2" AC MARKED NON-LEGIBLE. MEASURED BEARING AND DISTANCE TO CALCULATED CENTER QUARTER. NORTH QUARTER CORNER SECTION 9 FOUND 2" AC MARKED MORRISON AND MAIERLE MEASURED BEARING AND DISTANCE TO CALCULATED CENTER QUARTER. 21.16 acres 3.32 acres 4.60 acres 11. 4 acres 40. 2 acres THE LAKES AT VALLEY WEST PHASE 6 THE LAKES AT VALLEY WEST PHASE 5 NOTE: STREETS ARE 35 FOOT WIDE IN 60 FOOT RIGHT-OF-WAY. ORIGINA L LOT R1C 467,265 S F EXISTING BOUNDARY NORTON EAST RANCH PHASE 6, LOTS R1A AND R1C. EXISTING BOUNDARY NORTON EAST RANCH PHASE 6, LOTS R1B AND R1D. ORIGINA L LOT R1D 516,039 S F POND EXISTING BOUNDARY NORTON EAST RANCH PHASE 6, LOTS R1C AND R1D ORIGINA L LOT R1A 467,265 S F ORIGINA L LOT R1B 516,039 S F NORTON EAST RANCH SUB PHASE 2A NORTON EAST RANCH SUB PHASE 1 NORTON EAST RANCH SUB PHASE 1 VALLEY WEST SUBDIVISION VALLEY WEST SUBDIVISION POND LILY DRIVE (60' R/W)DON N E R D R I V E ( 6 0 ' R / W ) EXISTING PUE TO BE ABANDONED EXISTING PUE TO BE ABANDONED VALLEY WEST SUBDIVISION NORTON EAST RANCH SUB PHASE 5 POND LILY DRIVE(60' R/W)WETLAND CONSERVATION EASEMENT DOC. No.2299907 WATER LILY DRIVE(60' R/W)VAUGHN DRIVE (60')LAUREL PARKWAY (90' R/W)WEST BABCOCK (90' R/W) ZONE 2 WATER COURSE SETBACK ZONE 1 WATERCOURSE SETBACK BAXTER CREEK PROPOSED WETLANDS 2.60 ACS. WETLAND CONSERVATION EASEMENT DOC. No.2299907 NORTON EAST RANCH SUB PHASE 5 LEGEND 15SD 15SD 15SD 15SD 8W 8W 8W 8W 8W 8S 8S 8S 8S 8S DYHWV S MW 15SD 15SD 15SD 15SD 8W 8W 8W 8W 8W 8S 8S 8S 8S 8S E P T BP BP BP BP FM FM FM SIDEWALK WALKING TRAIL ℄ DEDICATED WETLAND EASEMENT NO 2299907 EXISTING WETLANDS WETLANDS TO BE MITIGATED PROPOSED WETLANDS EXISTING UTILITY EASEMENT LINE PROPOSED UTILITY EASEMENT LINE EXISTING PROPERTY BOUNDARY PROPOSED PROPERTY BOUNDARY EXISTING BURIED POWER EXISTING SEWER MAIN W/ SIZE EXISTING WATER MAIN W/ SIZE EXISTING STORM DRAIN W/ SIZE PROPOSED BURIED POWER PROPOSED FORCE MAIN PROPOSED SEWER MAIN W/ SIZE PROPOSED WATER MAIN W/ SIZE PROPOSED STORM DRAIN W/ SIZE PUBLIC STORM WATER POND TELEPHONE PEDESTAL/ BOX ELECTICAL BOX POWER POLE ELECTRICAL TRANSFORMER BOX PROPOSED STREET LIGHTS STORM DRAIN INLET STORM DRAIN MH SANITARY SEWER MH WATER CURB STOP WATER VALVE FIRE HYDRANT SIGN MONITORING WELL EXISTING CONTOUR (MAJOR) EXISTING CONTOUR (MINOR) PROPOSED CONTOUR (MAJOR) PROPOSED CONTOUR (MINOR) ABANDONED NO NAME DITCH CASCADE STREET (60' R/W) BLOCK 1 OPEN SPACE 1 0.63 acs. 27262 sq.ft. 267 Acct #Blk Lot Sq Ft Owner Owner Address City, State Zip 284080 1 1 200 N Laurel Pkwy 188,615 8FC LLC PO Box 11388 Bozeman, MT 59719 284050 1 2 5101 Cascade St 228,254 8FC LLC PO Box 11388 Bozeman, MT 59719 284070 2 1 100 N Laurel Pkwy 301,871 8FC LLC PO Box 11388 Bozeman, MT 59719 284060 3 1 5100 Cascade St 202,990 8FC LLC PO Box 11388 Bozeman, MT 59719 921,730.00 Lot Square Footage 21.16 Total Acres Address Norton East Ranch Phase 6 Exhibit B-Norton Ranch East Phase 6 3/28/2023/3:11 PM 268 Memorandum REPORT TO:City Commission FROM:Cassandra Tozer, Human Resources Director Greg Sullivan, City Attorney SUBJECT:Resolution 5488, Setting the Annual Salary for the Municipal Judges for Fiscal Year 2023 MEETING DATE:April 11, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt a resolution setting the annual salary for the Municipal Judges for fiscal year 2023. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: The Bozeman City Commission has the exclusive authority pursuant to 3-6- 203, MCA and 22.01.090, BMC, to establish the annual salary of the municipal court judges. Municipal court judges are currently paid in accordance with Resolution 4713, passed and approved on August 15, 2016. This item is presented to you now because Montana law requires the City Commission to establish the judges salary on an annual basis. Resolution 4713 establishes a “salary range” for municipal court judges and does not in fact establish an actual salary. In addition, Resolution 4713 only establishes the salary range for municipal court judges and does not provide for any additional compensation or benefits. Given the above, we recommend the Commission adopt this resolution setting the municipal judge salaries for fiscal year 2023. At the time of adoption of the FY24 budget, we will present a resolution establishing the municipal court judges salaries for FY24. Section 3-6-201, MCA, provides that when there is more than one municipal court judge, a chief judge is selected through a procedure adopted by the 269 judges. The additional duties of the chief judge are established in 3-6-201(5), MCA, which reads as follows: (5) The chief municipal court judge shall provide for the efficient management of the court, in cooperation with the other judge or judges, if any, and shall: (a) maintain a central docket of the court's cases; (b) provide for the distribution of cases from the central docket among the judges, if there is more than one judge, in order to equalize the work of the judges; (c) request the jurors needed for cases set for jury trial; (d) if there is more than one judge, temporarily reassign or substitute judges among the departments as necessary to carry out the business of the court; and (e) supervise and control the court's personnel and the administration of the court. The Bozeman City Commission has the exclusive authority to provide for any additional amount of compensation for the judge selected to act as the chief judge. Resolution 5488 provides for the following: Establishes the judges salaries at the current annual salary established through the system adopted in 2016 (meaning, there is no change to the current actual salary); Acknowledges a 5% additional pay for the chief judge of the municipal court in consideration of the additional duties (see above); Acknowledges the salary established by Resolution 5488 is retroactive to January 1, 2023; and Provides opportunities for the municipal judges during their time in office to participate in the employee benefits program offered to the City through the MMIA. UNRESOLVED ISSUES:None. ALTERNATIVES:Continue to pay salary for Municipal Court judges in accordance with Resolution 4713 with no changes. 270 FISCAL EFFECTS:The annual salaries for the Municipal Court judges have already been budgeted for in fiscal year 2023. Attachments: Resolution Establishing Pay for Municipal Court Judges for FY23.pdf Report compiled on: March 26, 2023 271 Version February 2023 1 RESOLUTION 5488 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, SETTING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGES FOR FISCAL YEAR 2023 WHEREAS, the Bozeman City Commission has the exclusive authority pursuant to 3-6- 203, MCA and 22.01.090, BMC, to establish the annual salary of the municipal judges. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 Effective July, 1 2022 and for fiscal year 2023 only, the annual salary of a full-time elected municipal court judge will be $175,335.23. The chief judge of the Municipal Court will receive an additional five percent (5.0%) of the above annual salary for performing the duties required of a chief municipal court judge as defined by 3-6-201(5), MCA. Section 2 The additional pay for the current chief judge as provided for in Section 1 shall be retroactive to January 1, 2023. A municipal court judge who served in the position as chief judge between July 1, 2022 and December 31, 2022 already received additional compensation above the salary established in this resolution and therefore the retroactivity provided in this Section 2 is not applicable to the chief judge who served in the position prior to January 1, 2023. Section 3 During their term in office, municipal court judges may opt to participate in the employee benefits program provided to individual City employees, and may choose the type of coverage plan they wish to participate in of those offered by the Montana Municipal Interlocal Authority (MMIA). As such, the municipal court judges may opt to receive the standard City contribution to 272 Version February 2023 2 health insurance coverage applicable to City employees at the amount set for all City employees and elected officials. In addition, municipal court judges may opt to participate in, at their own cost, health club memberships and ancillary benefits pursuant to policies established by the City Manager. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ___________________, 20____. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 273 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Ordinance 2129 Final Adoption, the 1001 Thomas Drive Annexation to Annex 15.115 acres and Adjacent Right-of-Way and Amending the City Zoning Map for the Establishment of a Zoning Designation of REMU (Residential Emphasis Mixed Use) at 1001 Thomas Drive, Application 22067 MEETING DATE:April 11, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Finally Adopt Ordinance 2129. 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:The applicant and property owners seek to complete annexation of a single parcel totaling approximately 15.115 acres into the City limits and adjacent public right of way and establish initial zoning of REMU as required by state law. The City Commission unanimously approved the application on August 2, 2022. Application materials are available through the City's Community Development Viewer and Laserfiche. The applicant has satisfied all terms of annexation and final action is required by the City Commission to complete the annexation process. Provisional adoption of Ordinance No. 2129 was on March 28, 2023 in conjunction with adoption of Resolution No. 5462 annexing the property. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None. Attachments: 22067 1001 Thomas ZMA Ordinance 2129.pdf 011 Thomas Drive Annexation Initial ZMA Exhibit.pdf 274 Report compiled on: March 20, 2023 275 Ord 2129 Page 1 of 5 ORDINANCE 2129 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 15.115 ACRES AS REMU, RESIDENTIAL EMPHASIS MIXED USE DISTRICT, KNOWN AS THE 1001 THOMAS DRIVE ZONE MAP AMENDMENT, APPLICATION 22067. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish a zoning classification of REMU (Residential Emphasis Mixed Use) for approximately 15.115 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on July 18, 2022 to receive and review all written and oral testimony on the request for a zone map amendment; and 276 Ordinance No. 2129, 1001 Thomas Drive ZMA Page 2 of 5 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 22067 the 1001 Thomas Drive Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on August 2, 2022, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, has found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, 277 Ordinance No. 2129, 1001 Thomas Drive ZMA Page 3 of 5 staff analysis and report, and all submitted public comment recommended approval of the requested REMU district. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the 1001 Thomas Drive Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as R-3, Residential Medium Density District: An area of land comprised described as follows: The tract of land described in Film 3, Page 49 on file and of record at the Gallatin County Clerk & Recorders Office, being the North Half of the Northeast Quarter of the Southwest Quarter, and the North Half of the South Half of the North Half of the Northeast Quarter of the Southwest Quarter, all in Section 35, Township 1 South, Range 5 East, P.M.M., Gallatin County Montana, more particularly described as follows; BEGINNING at the CW 1/16th corner of said Section 35, a blank 1 ½” Alum. Cap; thence N 89°39'00" E, a distance of 1325.02 feet to the calculated Center 1/4 corner of said Section 35; thence S 00°14'21" W, a distance of 496.91 feet to the calculated 1/1024th corner on the Center of Section line; thence S 89°38'23" W, a distance of 1324.56 feet to a C&H yellow plastic cap; thence N 00°11'12" E, a distance of 497.15 feet to the Point Of Beginning. Said area containing 658,428 Square Feet, 15.115 Acres more or less, with and subject to all easements of record. All as depicted on the 1001 THOMAS DRIVE ANNEXATION Map. 278 Ordinance No. 2129, 1001 Thomas Drive ZMA Page 4 of 5 Section 3 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 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 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 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 279 Ordinance No. 2129, 1001 Thomas Drive ZMA Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 21st day of March, 2023. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ____ of ________________, 2023. The effective date of this ordinance is _____________, ____, 2023. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 280 SHEETMADISON ENGINEERING895 TECHNOLOGY BLVDBOZEMAN, MT 59718(406) 586-0262OF THOMAS DR. ANNEX. ZMA EXHIBIT 1 THOMAS DRIVE ANNEXATIONTHOMAS DRIVE ZONE MAP AMENDMENTBOZEMAN, MT1 1" = 0 SCALE 60 1203060 INITIAL ZONE MAP AMENDMENT (REMU) PROPOSED ZMA BOUNDARY LEGEND THOMAS DRIVE ANNEXATION LEGAL DESCRIPTION: ” PARK E CATTAIL CREEK SUB. PH. 2A & 2B CURRENT ZONING: R-3 LOT RFG8591 CURRENT ZONING: COUNTY (AGRICULTURAL SUBURBAN) OPEN SPACE A CATTAIL CREEK SUB. PH. I CURRENT ZONING: R-0 TRACT 1 COS 2856 CURRENT ZONING: R-4 EXHIBIT B THOMAS DRIVE ANNEXATION ZONE MAP AMENDMENT to BOZEMAN, MONTANA A TRACT OF LAND SITUATED IN THE SW 1/4 OF OF SECTION 35 T1S, R5E P.M.M. GALLATIN COUNTY, MT THOMAS DRIVELOT 3 MINOR SUB 210 CURRENT ZONING: B-P 281 Memorandum REPORT TO:City Commission SUBJECT:Help Center MEETING DATE:April 11, 2023 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:Receive special presentation from the Help Center. 282 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Continue the Public Hearing for the Gran Cielo II Annexation Requesting Annexation of 81.468 Acres and Amendment of the City Zoning Map for the Establishment of a Zoning Designation of R-4 (Residential High Density District) for Property Located South of West Graf Street Between South 27th Avenue and Fowler Lane, Application 22090 to May 9, 2023 MEETING DATE:April 11, 2023 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:I move to continue the public hearing for review of application 22090, the Gran Cielo II Annexation and Zone Map Amendment to May 9, 2023. 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:The applicant amended the application after the publication of the public notice. The proposed changes are considered material. In order for full public notice and allowing the opportunity to review the application and revise the staff analysis the application must be continued to a later date. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None Report compiled on: March 20, 2023 283 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Decision on a Reconsideration of a Prior Commission Decision Regarding the Cloverleaf Zone Map Amendment Requesting Amendment of the City Zoning Map for a City Block Bounded by East Cottonwood Street, Ida Avenue, East Peach Street, and Plum Avenue Consisting of Approximately 3.1995 Acres Including the Adjacent Rights-of-way from NEHMU (Northeast Historic Mixed Use) to B-2M (Community Business District Mixed), Application 22218 Continued from March 28, 2023 MEETING DATE:April 11, 2023 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION: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 22218 and move to approve the Cloverleaf Zone Map Amendment, with contingencies required to complete the application processing. 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:On March 28, 2023 the City Commission held a public hearing to reconsider the denial of the Cloverleaf Zone Map Amendment. The original public hearing was held on November 1, 2022 and continued on November 22, 2022. After considering the staff report, application materials, public comment, Zoning Commission recommendation, and all information presented for application 22218 and voted (2:3) to approve the requested zoning change. Written protest against the proposed zoning change was received. Pursuant to 76-2-305, Mont. Code Ann, if 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 protest exceeded this threshold. 284 Therefore, a two-thirds vote of the present and voting members of the city commission is required to act favorably on the application. Four Commission members were present for the March 28, 2023 reconsideration. Pursuant to the City Commission’s own rules of procedure, the affirmative vote of three or more commissioners is require to adopt or reject any motion. See 2.02.100, BMC., the final vote was 2:2. Therefore, there was insufficient votes to affirm or deny the application necessitating a vote from the absent Commission member, Mayor Andrus. The meeting was continued to April 11, 2023. The Mayor must vote on the reconsideration to satisfy the rules of procedure. The Mayor’s participation will increase the number of favorable votes needed to override the valid protest from three to four. The deliberations of the agenda item starts at time stamp 16:15 and may be reviewed from the video recording of the proceedings . All information provided to the Commission for the February 14, 2023 decision to reconsider can be reviewed via the agenda packet materials. All information provided for the March 28, 2023 public meeting can be reviewed also be reviewed via the agenda packet materials. UNRESOLVED ISSUES:There were no identified conflicts with the original review of this application. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. Report compiled on: March 14, 2023 285 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Erin George, Community Development Deputy Director Anna Bentley, Community Development Director Nicholas Ross, Transportation and Engineering Director SUBJECT:UDC Project - Review and Advise Regarding the Update to the Unified Development Code, Chapter 38, Bozeman Municipal Code to Address Potential Changes to Standards Relating to Levels of Service and Traffic Studies, Application 21381 MEETING DATE:April 11, 2023 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Receive presentation, discuss proposed alternatives, and provide direction to staff and consultants. 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:On December 21, 2021, the City Commission adopted Resolution 5368. The resolution established priorities for municipal actions over the next two years. Priorities include adopting changes to the Unified Development Code to “facilitate increased housing density, housing affordability, climate action plan objectives, sustainable building practices, and a transparent, predictable and understandable development review process.” This agenda item is part of the UDC update process and is a work session regarding how the City's regulations should address Levels of Service for the transportation network and traffic studies submitted as part of development review. A memo providing background material is attached. Staff and Consultant will present information to the City Commission and receive direction and input. The input will then be used to prepare draft materials for further public review and input. Ongoing information about the UDC project can be found on at the engage.bozeman.net/udc website, the official portal for the project. Comments and input can also be submitted through engage.bozeman.net and summaries of prior City Commission and other meetings are provided, including presentation materials. 286 UNRESOLVED ISSUES:Commission will give direction on degree to pursue specific issues discussed at the meeting. ALTERNATIVES:As identified by the City Commission. FISCAL EFFECTS:Funds for this work are budgeted and appropriated. Attachments: 4-11-2023 Work Session cover memo .pdf Page 46 TMP.pdf Fig 2.13 TMP.pdf Fig 3.2 TMP.pdf Sec._38.220.060.___Documentation_of_compliance_with_adopted_standards..pdf Report compiled on: April 3, 2023 287 City Commission Transportation Work Session Background Materials Overall Project Background: On December 21, 2021, the City Commission adopted Resolution 5368. The resolution established priorities for the next two years. Priorities include adopting changes to the Unified Development Code to “facilitate increased housing density, housing affordability, climate action plan objectives, sustainable building practices, and a transparent, predictable and understandable development review process.” The UDC revision process (“the UDC Project”) focuses on implementing policy established by adopted plans including Bozeman Community Plan 2020, Climate Action Plan, Community Housing Action Plan, and the in-progress Parks, Recreation, and Active Transportation Plan. Several major amendments were completed in 2022. The UDC project is focused on specific improvements, with direction to be completed by December 2023. Objectives for the UDC revision project are: • Implementation of growth policy, climate action plan, housing action plan, and other adopted city plans. • Improving readability and usability of the code for infrequent users while maintaining legal soundness. • Updates and revisions to zoning district descriptions and options consistent with the growth policy. • Improve graphics to improve clarity and understanding of standards. Work Session General Policy Background: The Bozeman Community Plan 2020 contains principles, goals and policies regarding transportation systems. Examples of Bozeman Community Plan 2020 policy direction influencing this work session on transportation include: • Transportation infrastructure is vital in supporting desired land use patterns. Therefore, the two must be coordinated. Future infrastructure should favor interconnected multimodal transportation networks (i.e. infrastructure for bicycle, pedestrian, and transit modes of transport in addition to automobiles). R-1.1 Be reflective: use past experience to inform future decisions. R-1.7 Be flexible: willingness and ability to adopt alternative strategies in response to changing circumstances. R-2.3 Economic Benefit-Cost: Make good financial investments that have the potential for economic benefit to the investor and the broader community both through direct and indirect returns. 288 R-2.5 Technical Soundness: Identify solutions that reflect best practices that have been tested and proven to work in similar local or regional contexts. R-2.6 Innovation: Advance new approaches and techniques that will encourage continual improvement and advancement of best practices. DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support infill development, reduce costs, and minimize disruption to the public. Goal DCD-3: Ensure multimodal connectivity within the City. EPO-3.2 Ensure complete streets and identify long-term resources for the maintenance of year round bike and multi-use paths to improve utilization and reduce annual per capita vehicle miles traveled. M-1.3 Develop service standard levels for multimodal travel. The City also prepares a Transportation Master Plan (TMP). The TMP provides in depth analysis of existing and future transportation conditions and needs, evaluates alternatives, and establishes priorities for expansion and improvement of the transportation system. The most recent version was completed in 2017. The full document including all appendices is available online through the City’s Engineering web page in the Master Plans section. The TMP includes pedestrian and bicycle services as well as motor vehicles. The TMP is the baseline for determining where expansions or enhancement that have system wide benefits are needed. The TMP includes goals relevant to this discussion, such as: GOAL 2: Improve the efficiency, performance and connectivity of a balanced transportation system. GOAL 3: Promote consistency and coordination between land use and transportation planning to manage and develop the transportation system for all modes and users. GOAL 7: Promote a financially sustainable transportation plan that is actively used to guide the transportation decision-making process. Enabling legislation: The City’s zoning is authorized by Title 76, Chapter 2, Part 3 of the Montana Code Annotated. Section 76-2-304 establishes required criteria that any local zoning ordinance must address. Paragraph 1 criteria below are compulsory and paragraph 2 must be considered. Elements specific to transportation include: Criteria and guidelines for zoning regulations. (1) Zoning regulations must be: (b) designed to: 289 (iii) facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. (2) In the adoption of zoning regulations, the municipal governing body shall consider: (b) the effect on motorized and nonmotorized transportation systems; Work Session Topics: This work session includes four questions for Commission consideration. Based on the Commission’s direction, recommendations will be further developed prior to incorporation as part of the overall code update draft. The street system, serving both motorized and active transportation, is an essential part of an operational city. Construction and maintenance of streets is expensive and time consuming for both public and private entities. Adequate streets support public safety, public convenience, and a strong economy. The City establishes standards for street construction and operations to help ensure that necessary travel can be accomplished and costs can be constrained. A Level of Service (LOS) standard is an objective measure of how well infrastructure is functioning. In the case of transportation, the traditional LOS for roadway and intersections measures the amount of delay experienced by the traveler. As delay increases, the LOS declines. LOS is rated from A through F. For a further description of LOS and examples of the use of LOS in analysis of the City’s transportation network see the attached page 46 and Figures 2.13 and 3.2 from the Transportation Master Plan. Traffic impact studies provide data to determine if the LOS is met. Q1: How should the code regulate Level of Service (LOS)? Q2: When and where should traffic impact studies be required? Q3: What items should a traffic impact study include? Q4: When a TIS is required how should the TIS address transportation demand management? Background Information on Topics: Question 1, How should the code regulate Level of Service (LOS)? The City established a formal level of service (LOS) standard in code as part of subdivision regulations in 1998. The City initially established an LOS of C which is a level attainable in moderate traffic areas. Level of Service measures the amount of delay at intersections, not overall capacity or intersection safety. Longer delays can motivate unsafe driving behaviors. The existing LOS system is also used by the Montana Department of Transportation (MDT). Many of the roads carrying higher traffic loads are controlled in part by MDT. City actions to adjust LOS will need to be coordinated with MDT. 290 A large fraction of the total travel on Bozeman roads is pass through and commuter traffic. Designing to maximize service to these populations impacts local residents and development. LOS does not distinguish between the source or the purpose of travel. The following image provides information on origin and destination of travel from 2019, the most recent data available from the US Census Bureau. Dark green arrows indicate commuter travel into the City for employment, the light green arrow shows outbound commuter travel, and the mid-green is commuting beginning and ending within the City. As shown, nearly half of the employment travel is coming into the City each day. As the City continued to develop, it became increasingly difficult to attain an LOS C for intersections. This was particularly problematic for left turn movements who must yield to all other travelers. The City amended its LOS in 2009, to establish the measure as an average for all travelers on each leg of an intersection rather than the most delayed. The City further amended its LOS standard to recognize that some streets and intersections, such as at Rouse Ave and Main St have reached the maximum reasonably attainable size. Continuing to insist on an LOS of C at such intersections would effectively bar future development in the area as there is no reasonable manner in which additional capacity can be added. In these situations, the LOS standard is waived. See 38.400.060.B.4.a for details. As the traffic flow increases and individual intersections are expanded, an increasing number of intersections are reaching this status. 291 In 2016, the City further amended its LOS standards to allow a waiver from the LOS standard of C if the work needed to address LOS deficiency was scheduled on the City’s Capital Improvement Program. This reflects an increased emphasis on overall system management rather than a focus on single points of failure. A greater emphasis on overall system development avoids placing overly high burdens on individual development projects. This makes it easier for development to proceed and places more responsibility on the City to actively and appropriately manage and develop the transportation system. Under a more overall management approach, it is appropriate to look at shorter time periods when evaluating individual projects as overall development is likely to create larger impacts which diminish the impact of those individual projects. Individual projects do contribute to impact fees, arterial and collector charges, and street maintenance fees in support of system development and operations. The growth policy, Theme 5, focuses on multiple modes of transportation and improvements to active transportation systems. Level of Services for motor vehicles is not expressly addressed. However, the existing LOS C only evaluates delay for motor vehicles. Staff has discussed for several years the need for and challenges of developing alternative measures for transportation system function that integrate a mix of travel modes. There are alternative measures being developed across the country. Fully evaluating the alternatives and working with our transportation partners to select the best fit for our community is an extensive project. In the meantime, Staff recommends some adjustment to the existing LOS standards to make them more applicable to the rapidly changing community. Alternatives include but are not limited to: • Changing the LOS standard from C in recognition of the increasingly urban condition of the community. (Priority recommendation) • Clarifying the applicability of where and when the LOS standard applies. (Priority Recommendation) • Modifying the time frame over which compliance with the LOS must be demonstrated, current period is 15 years. • Expanding administrative authority to waive compliance with the LOS standard with appropriate criteria. • Directing relocation of the LOS from the municipal code to the Engineering Design Standards manual to be consolidated with other technical street design and operation standards. Question 2, When and where should traffic impact studies be required? During the development review process, the City collects information to enable decision making on the basis of facts. One element of information considered during development review is adequacy of the transportation network to carry additional loads and the consequences of new development. As noted above in the general policy background section, 292 provision of adequate infrastructure and impact on the transportation network are key criteria for adoption of zoning. Similar requirements apply for evaluation of subdivision regulations and applications. To enable factual analysis, the City prepares overall system transportation plans. The most recent Transportation Master Plan was completed in 2017. These plans look at large scale demand, projecting expected trends for growth and what construction may be needed to provide increased service capacity. The time horizon for the TMP is 20+ years. Development does not occur only in 20 year blocks but continuously throughout the planning period. Projections are more or less accurate as there are many influences and interactions that cannot be precisely projected. To evaluate status of the transportation system at the time of development, the City may require a development to provide a Traffic Impact Study (TIS). A TIS provides information on existing conditions in the area of the development and projects the impacts on traffic flow when the development is fully built out. This enables determination if impacts should be mitigated concurrently with development or whether impact is small and does not require immediate mitigation. Mitigation timing is important to enable development to proceed and to not duplicate or interfere with governmental projects to improve the transportation system. New development contributes to transportation system development through dedication of right of way, construction of new streets and active transportation facilities, and other means including but not limited to payment of transportation impact fees. Traffic studies can be time consuming and expensive for applicants to prepare and for the City to review. Unless a development is very large, the additional demand is unlikely to represent more than a few percentage points of total traffic in an area. A TIS may identify areas that are or will become unsafe and require immediate correction concurrent with development. The City is in the process of becoming part of Montana’s newest Metropolitan Planning Organization (MPO). Creation of an MPO is federally required when an urban area exceeds 50,000 persons. The 2020 US Census established that Bozeman has passed that threshold. An MPO will be established and completed within a year. As part of MPO status the City must prepare an updated transportation plan every four years. This is more frequently than occurred in the past. The more frequent planning cycle means that more current data will be available for the system as a whole at any given time. This lessens the likelihood that a TIS will provide information not otherwise available. Staff recommends modifications to when and where the City requires preparation and submittal of a Traffic Impact Study. Alternatives include but are not limited to: • Establish specific thresholds of development where a TIS is always required, where the City Engineer may require a TIS depending on local conditions, or when a TIS will not be required. (Priority recommendation) • Identify areas of the community where a TIS will not be required due to known maximum build out of streets having already occurred. • Clarify and expand options for administrative waiver of TIS. 293 • Allow for applicants to submit a TIS to present information relevant to their application they believe will help show compliance with standards. Question 3, What items should a traffic impact study include? Traffic does not move evenly throughout the day. A traffic impact study (TIS) analyzes when and where traffic heading in and out of a development will travel. Insufficient capacity may occur at one part of a day but not another or in different locations. The TIS provides the data to determine if the established LOS is currently met or will be met after development occurs. A TIS does not evaluate local street conditions but conditions for arterial and collector streets. A TIS only measures motor vehicle travel and so omits more or less of the traveling public from analysis. Section 38.220.060, Paragraph A.11, describes the contents of a TIS. A copy of this paragraph is attached. The analysis is focused on the busiest travel period in the morning and evening as those are the times most likely for the LOS to not be met. Presently a TIS evaluates a period of 15 years from development review, a long time in a community changing as rapidly as Bozeman. A TIS must also consider the effects of distance. The City is too large for a TIS to consider the entire community, that is the purpose of the Transportation Master Plan. The City used to require a TIS to consider all arterial and collector intersections within one mile of a development. This has been reduced to a one-half mile distance. Depending on the distribution of traffic not all intersections in that geographic area will be equally affected. When preparing a TIS it may be appropriate to include expected improvements to the transportation system scheduled by the City, MDT, or parties. If an intersection is already known to be scheduled to increase capacity, it may not be helpful to evaluate it again. Reliance by City staff and others on scheduled work increases the importance of consistency in the Capital Improvement Program. Alternatives include but are not limited to: • Modify the future time period over which analysis must be performed; ex. change from a 15 year analysis period to a five year analysis period. (Priority recommendation, coordinated with question 1) • Direct additional research and information development to allow a TIS to address non- motorized travel. (Recommendation, this action will extend beyond the development period of the code update.) • Include explicit consideration of work programmed in the City’s capital improvement program in analysis of available capacity. • Clarify the category and geographic area of streets and intersections for which a TIS must analyze impact. • Directing relocation of the TIS content from the municipal code to the Engineering Design Standards manual. 294 Question 4, When a TIS is required how should the TIS address transportation demand management? Typically, a TIS addresses motor vehicle travel only. The City’s planning documents encourage a broader range of transportation use. The dominant travel mode remains motor vehicles. The City’s transportation demand management (TDM) program focuses on encouraging a greater proportion of walking, biking, transit and other non-single occupancy vehicle use. This is a voluntary, incentive based, program. The City has the option of pursuing a more aggressive TDM program that may move into a regulatory path. It is appropriate to include TDM as part of a TIS analysis as that is the City’s tool to consider transportation impacts. To include TDM as part of a TIS analysis the City would need to create operational standards for non-motorized travel. This is a large effort but one being considered by other communities. Establishing standards for multimodal travel is suggested by M-1.3 in the growth policy as cited above. Should the Commission wish staff to pursue this approach it will be best managed by including this work in the next TMP. As discussed above, the TMP is due to be updated in association with creation of an MPO. Including TDM and multimodal standards more extensively in the TMP provides both a policy and an analytical framework to guide creation of specific standards. Substantial additional data collection, analysis, and associated costs will be required to develop, implement, and maintain multimodal standards. Although this work is beyond the scope of the immediate code amendments, this direction is directly related to the overall policy direction of how to address measuring and mitigation of transportation impacts. Alternatives include but are not limited to: • Direct staff to include transportation demand management and levels of service for multimodal travel in the next Transportation Master Plan. • Direct staff to address levels of service for multimodal travel and transportation demand management separately on an as resources are available basis. • Do not pursue this effort. Additional work that is underway or being considered and related to this work session is: Park, Recreation, and Active Transportation Plan - The City’s park plan was last adopted in 2007. The plan includes discussion of recreational trail networks. The City is presently updating the plan with completion expected in 2023. This new plan places greater emphasis on active transportation, ex. walking and biking. Facilities which serve walkers and bikers may have multiple functions for both recreation and work/task travel. A trails plan for the Triangle area between Bozeman, Belgrade, and Four Corners in Gallatin County was recently completed. There is coordination between the PRAT plan and the Triangle Trails Plan. The updated PRAT plan will provide a policy foundation for updates to trail, shared use path, and other park/recreation related standards. 295 Transportation and Recreation pathway coordination and update – In 2004, the City adopted requirements for transportation and recreational pathways. The Engineering and Park staff are reviewing the existing language and improving consistency between sections and the upcoming PRAT plan terminology. Work Session Schedule: The magnitude of the anticipated changes necessitates periodic input from the Commission and public to ensure the project remains on course and timely. A series of focused work sessions are proposed at critical junctures in the process to gather information and confirm project direction. Each work session will focus on one element of policy implementation. The sequence of subjects will correlate and coordinate with ongoing work, with the added goal of identifying key elements early in the process and working efficiently. City Commission work sessions are below: Tuesday, September 13th – Organization and Page Layout (completed) Tuesday, October 18th – Residential Zoning Districts (completed) Tuesday, November 15th – Sustainability (completed) Tuesday, February 14th – Transitions between districts and Commercial Zoning Districts (completed) Tuesday, February 28th – Parking (completed) Tuesday, April 11th – Transportation Ongoing summaries of work sessions and other public engagement and information about the project is available at engage.bozeman.net/UDC. Public Engagement: The City uses a variety of techniques to engage the public during the code update process. A detailed report on the intercept technique was provided with the February 14, 2023, City Commission work session packet. A summary of various meetings and other engagement so far was also attached. Outreach and engagement will continue as the project moves forward. The primary outreach tool, consistent with the adopted communication plan for this work, is engage.bozeman.net/UDC. The Transportation Board considered the four questions on March 22, 2023. Discussion was robust and the Board generally supported Staff recommendations. Video of the meeting, packet materials, and minutes are available. Discussion begins at 15:32 and ends at 1:48:18 in the recording. 296 CHAPTER 2: State of the Community Bozeman Transportation Master Plan 46 Figure 2.12: Mode Share at Select Intersections 2.4.3. INTERSECTION OPERATIONS Urban road systems are ultimately controlled by the efficiency of the major intersection. High amounts of vehicle delay at major intersections directly reduces the number of vehicles that can be accommodated along the road during peak hours. Intersection performance is evaluated in terms of vehicle delay. The amount of vehicle delay experienced at an intersection correlates to a measure called level of service (LOS). LOS is used as a means for identifying intersections that are experiencing operational difficulties, as well as a means to compare multiple intersec-tions. The LOS scale represents the full range of operating conditions. The scale is based on the ability of an intersection or street segment to accommodate the amount of traffic using the intersection. The scale ranges from “A” which indicates little, if any, vehicle delay, to “F” which indicates significant vehicle delay and traffic congestion. LOS are a microscopic approach to evaluating traffic operations. Intersection LOS defines intersection performance in terms of vehicle delay and does not factor in alternative travel modes nor does it take into consideration the health of the overall transportation system. Intersection LOS is often based on a single hour, or peak hours, for which the system is most congested. A more macroscopic approach to improving the transportation system, not just reducing peak hour delay at single intersections, should be taken. The LOS at 63 intersections within the study area was calculated. Data were collected during the fall of 2015 at 30 of the 63 intersections (11 signalized and 19 unsignalized locations). Each intersection was counted during the peak hours, defined as 7:00 AM to 9:00 AM and 4:00 PM to 6:00 PM. Additionally, peak hour turning movement counts were obtained from MDT for 15 intersections (10 signalized and 5 unsignalized locations). Data at these locations were collected on various dates over the past few years. The remaining intersection counts were provided by various sources and were collected as part of recent planning efforts. The existing intersection LOS is shown in Figure 2.13. 89%7%5%College St&8th Ave60%34%7%11th Ave&Grant St99%1%0%Ferguson Ave & Babcock St95%2%3%7th Ave&Kagy297 April 25, 2017 47 Transportation Master Plan Figure 2.13: Existing Intersection Level of Service 909019186411345205345235191S19THAVEHIGHLAND BLVDS3RDAVEWILLSON AVEGRIFFIN DRKAGY BLVDN 11TH AVEDURSTON RDOAK STCOLLEGE STBOZEMAN TRAIL RDBAXTER LNBABCOCKSTEVALLEYCENTERRDPEACH STMENDENHALL STSCHURCHAVESPRINGHILL RDS11THAVECOTTONWOOD RDS8THAVEHUFFINE LNFRONTAGE RDROUSE AVEBRIDGER DRMAIN STBRIDGERCANYONRDN 7TH AVEN 19TH AVEDURSTON RDS3RDAVEGRAF ST S 27TH AVEFOWLER LNSOURDOUGH RDTAYABESHOCKUP RDFORT ELLIS RDHAGGERTY LNS 7TH AVES 6TH AVEOAK STN 15TH AVEGOOCH HILL RDFERGUSON AVEDAVIS LNN 27TH AVES 23RD AVEL STMC ILH AT TA N R DSTORY MILL RDMANLEY RDHIDDEN VALLEY RDHARPER PUCKETT RDLOVE LNBABCOCK STTAMARACK STCATAMOUNT STCATTAIL STGARFIELD STLINCOLN STGRANT STCLEVELAND STSTUCKY RDGRAF STBLACKWOOD RDGOLDENSTEIN LNBBBBBBBBBBBBBBCBBBCCBBCCCCCCDDCCCCDCBBBBCCFFCECCDCCCBCFFEFEFFFFFBCBCABFFCCCCCCEFCCBCFDBCDDCDBCCCDCDDEDFFBBDBCAABCCC*BBBBBABCAAExistingLevel of Service0½11½¼MilesBOZEMANTMP TRANSPORTATION MASTER PLAN Map LegendRailroadSource: City of Bozeman, MDT, RPASignalized IntersectionsUnsignalized IntersectionsAMPMAM PMLevel of ServiceABCDEF*Data unavailableStudy AreaBozeman City LimitsMontana State University298 April 25, 2017 65 Transportation Master Plan Figure 3.2: Projected Intersection Level of Service 909019186411345205345235191S19THAVEHIGHLAND BLVDS3RDAVEWILLSON AVEGRIFFIN DRKAGY BLVDN 11TH AVEDURSTON RDOAK STCOLLEGE STBOZEMAN TRAIL RDBAXTER LNBABCOCKSTEVALLEYCENTERRDPEACH STMENDENHALL STSCHURCHAVESPRINGHILL RDS11THAVECOTTONWOOD RDS8THAVEHUFFINE LNFRONTAGE RDROUSE AVEBRIDGER DRMAIN STBRIDGERCANYONRDN 7TH AVEN 19TH AVEDURSTON RDS3RDAVEGRAF ST S 27TH AVEFOWLER LNSOURDOUGH RDTAYABESHOCKUP RDFORT ELLIS RDHAGGERTY LNS 7TH AVES 6TH AVEOAK STN 15TH AVEGOOCH HILL RDFERGUSON AVEDAVIS LNN 27TH AVES 23RD AVEL STMC ILH AT TA N R DSTORY MILL RDMANLEY RDHIDDEN VALLEY RDHARPER PUCKETT RDLOVE LNBABCOCK STTAMARACK STCATAMOUNT STCATTAIL STGARFIELD STLINCOLN STGRANT STCLEVELAND STSTUCKY RDGRAF STBLACKWOOD RDGOLDENSTEIN LNBBFCCCFCBBFCFCFCDCDDEDDCEEDCCBDCCCFFDFDDFFDDCEFFFFFFFFFFCFCFDFBCFFCCCDBCFEDEFFFFBBFBBABFDCD*BBCBBBFDBBEFDCFFBBDFBECEBABCCCCCBBProjected (Year 2040)Level of Service0½11½¼MilesBOZEMANTMP TRANSPORTATION MASTER PLAN Map LegendRailroadSource: City of Bozeman, MDT, RPASignalized IntersectionsUnsignalized IntersectionsAMPMAM PMLevel of ServiceABCDEF* Data unavailableStudy AreaBozeman City LimitsMontana State University299 Created: 2023-02-17 14:28:15 [EST] (Supp. No. 12, Update 1) Page 1 of 2 Sec. 38.220.060. Documentation of compliance with adopted standards. A. The following information must be provided with all subdivision preliminary plat applications in order to document compliance with adopted development standards unless waived by the development review committee during the pre-application process per section 38.240.110. The developer must include documentation of any waivers granted by the city after the pre-application review. Additional relevant and reasonable information may be required to adequately assess whether the proposed subdivision complies with this chapter, the Montana Subdivision and Platting Act, and other applicable standards. 11. Streets, roads and alleys. a. Description. Describe any proposed new public or private streets, roads or alley, or substantial improvements of existing public or private streets, roads or alleys. The developer must demonstrate that the land to be subdivided has access onto a legal street and the future streets will be consistent with the city's adopted design standards, article 34.4, the long range transportation plan, and other relevant standards b. Bicycle and pedestrian pathways, lanes and routes. Describe bicycle and pedestrian pathways, lanes or routes to be developed with the development. c. Access to arterial. Discuss whether any of the individual lots or tracts have access directly to arterial streets or roads, and if so, the reason access was not provided by means of a street within the subdivision and how the access complies with section 38.400.090. d. Modification of existing streets, roads or alleys. Explain any proposed closure or modification of existing streets, roads or alleys. e. Dust. Describe provisions considered for dust control on alleys. f. Pollution and erosion. Explain how street, road and alley maintenance will be provided to meet the department of environmental quality guidelines for prevention of water pollution and erosion and who is proposed to provide the required maintenance. g. Traffic generation. Discuss how much daily traffic will be generated on existing local and neighborhood streets, roads and alleys, when the subdivision is fully developed, and provide the following information: (1) The report format must be as follows: (a) Trip generation, using the Institute of Transportation Engineers Trip Generation Manual; (b) Trip distribution; (c) Traffic assignment; (d) Capacity analysis; (e) Evaluation; and (f) Recommended access plan, including access points, modifications, and any mitigation techniques if level of service does not meet level of service standard. (2) The report must include the following information: (a) Land use and trip generation in the form of a table of each type of land use, the number of units or square footage, as appropriate, the trip rates used (daily and peak) and resulting trip generation. 300 Created: 2023-02-17 14:28:15 [EST] (Supp. No. 12, Update 1) Page 2 of 2 (b) Traffic graphics, which show: (i) A.M. peak hour site traffic; (ii) P.M. peak hour site traffic; (iii) A.M. peak hour total traffic; (iv) P.M. peak hour total traffic; and (v) Total daily traffic (with site-generated traffic shown separately). (c) A.M. and P.M. capacity analysis with an A.M. and P.M. peak-hour capacity analysis provided for: (i) All major drive accesses that intersect collector or arterial streets or roads; and (ii) All arterial-arterial, collector-collector and arterial-collector intersections within one-half mile of the site, or as required by the city engineer during the pre-application review, concept plan review, or informal project review. (d) For two-way stop controlled intersections, analysis of whether the intersection would satisfy signalization warrants if the two-way stop control was removed. h. Capacity. Indicate the levels of service (before and after development) of existing and proposed streets and roads, including appropriate intersections, to safely handle any increased traffic. Describe any anticipated increased maintenance that will be necessary due to increased traffic and who will pay the cost of maintenance. i. Traffic calming. Detailed drawings of any proposed traffic calming installations, including locations and turning radius templates. j. The information needed to demonstrate proposed compliance with division 38.270. Special care is needed when concurrent construction is proposed. 301