HomeMy WebLinkAbout07-11-23 City Commission Meeting Agenda & Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
This meeting will be held both in-person and also using an online video conferencing system. You
can join this meeting:
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B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.Authorize Absence
D.1 Authorize the Absence of Commissioner Pomeroy(Maas)
E.FYI
F.Commission Disclosures
G.Consent
G.1 Accounts Payable Claims Review and Approval (Waters)
G.2 Authorize the City Manager to Sign an Audit Services Standard Audit Contract Covering
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, July 11, 2023
How to Participate:
If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the
meeting.
Public comments will also be accepted in-person and through video conference during the appropriate
agenda items but you may only comment once per item.
As always, the meeting will be recorded and streamed through the Commission's video page and
available in the City on cable channel 190.
For more information please contact the City Clerks' Office at 406.582.2320.
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Fiscal Years 2023, 2024, and 2025 and an Audit Engagement Letter for Fiscal Year
2023(Hodnett)
G.3 Ratify the City Manager's Signature on the Fiscal Year 2024 Montana State University (MSU)
Fire Service Agreement(Waldo)
G.4 Authorize the City Manager to Sign a Professional Services Agreement (PSA) with Locality
Media, dba First Due for Fire Department Records Management Services(Waldo)
G.5 Authorize the City Manager to Sign a Professional Services Agreement (PSA)with Center for
Public Safety Excellence (CPSE) for Technical Advisory Program (TAP) Services with Fire &
Emergency Services Self-Assessment(Waldo)
G.6 Authorize the City Manager to Sign a Professional Services Agreement with Think 2
Perform(Tozer)
G.7 Authorize the City Manager to Sign the Attached Task Order for Fiscal Year 2024
Remediation Systems Oversight at the Story Mill Landfill(Flammond)
G.8 Authorize the City Manager to Sign the Attached Task Order for Fiscal Year 2024
Groundwater and Perimeter Methane Monitoring at the Story Mill Landfill(Flammond)
G.9 Authorize the City Manager to Sign a First Amendment to the Professional Services
Agreement with Design 5 Landscape Architecture to Continue Providing Design ServicesÂ
for the Downtown Bozeman Alleyways Beautification Project(Staley)
G.10 Authorize the City Manager to Sign a Second Amendment to the Professional Services
Agreement with Sanderson Stewart to provide Right of Way Acquisition Services on a Term
Contract Basis until July 2024(Murray)
G.11 Authorize the City Manager to Sign Task Order 3, Under the Professional Services Master
Task Order Agreement with HDR Engineering Inc., Providing Engineering Services to Update
the East Gallatin River QUAL2K Water Quality Model and Report(Heaston)
G.12 Authorize the City Manager to Sign Task Order 4, under the Professional Services Master
Task Order Agreement with HDR Engineering Inc., Providing Engineering Services for MPDES
Discharge Permit Renewal Assistance for the Water Reclamation Facility(Heaston)
G.13 Resolution 5434, Annexation of 0.54 Acres and Adjacent Right-of-way, the 2103 Bridger
Drive Annexation, Application 21147(Rogers)
G.14 Resolution 5507 to Establish Compliance with IRS Reimbursement Bond
Regulations(Hodnett)
G.15 Ordinance 2121, Provisional Adoption of the 2103 Bridger Drive Zone Map Amendment
Initially Establishing an R-2, Residential Moderate Density District, Zone to 0.5 and the
Accompanying Adjacent Right-of way in Association with Annexation of the Same,
Resolution 5434, the 2103 Bridger Drive Annexation, Application 21147(Rogers)
G.16 Ordinance 2131, Final Adoption of The Short Term Rental Affirmative Obligations Text
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Amendment, Application 23147(Lyon)
G.17 Ordinance 2138, Final Adoption of the North 8th Zone Map Amendment Requesting
Amendment of the City Zoning Map to Change the Zoning on 0.4828 Acres from R-4 (High
Density Residential District) to R-5 (Residential Mixed-Use High Density District), Located on
the Southwest Corner of North 8th Avenue and West Lamme Street, Application
22366(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 per topic. 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.Mayoral Proclamation
I.1 Mayoral Proclamation Proclaiming Americans with Disabilities Act Month(Andrus)
J.Special Presentation
J.1 Belonging in Bozeman Plan Quarterly Update (Hess & Lyon)
K.Action Items
K.1 Resolution 5495 To Increase Permit Fees in the University Residential Parking Permit District
and the Bozeman High School Residential Parking Permit District(Veselik)
K.2 Resolution 5486 Adopting Fiscal Year (FY) 2023-24 Budget (Hodnett)
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.
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Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Kira Peters, Assistant City Manager
Jeff Mihelich, City Manager
SUBJECT:Authorize the Absence of Commissioner Pomeroy
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Authorize the Absence of Commissioner Pomeroy
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:Commissioner Pomeroy notified City Manager Mihelich and Mayor Andrus of
her anticipated absence.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: July 6, 2023
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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:July 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.
In addition to the weekly check issue, please provide approval for checks
dated 6/29 thru 7/5, as there was no commission meeting on 7/4.
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: July 6, 2023
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Memorandum
REPORT TO:City Commission
FROM:Melissa Hodnett, Finance Director
SUBJECT:Authorize the City Manager to Sign an Audit Services Standard Audit
Contract Covering Fiscal Years 2023, 2024, and 2025 and an Audit
Engagement Letter for Fiscal Year 2023
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Approve the authorization of the City Manager to sign audit services
standard audit contract covering fiscal years 2023, 2024, and 2025 and an
audit engagement letter 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:MCA Section 2-7-503 requires that a financial report be prepared every year.
This statute also requires a biannual audit of the financial report - including
the accounts, financial records, and transactions of all administrative
departments of the City - by independent certified public accountants
selected by the City Commission. The City Commission and City
Administration have historically believed that an annual audit provides a
higher level of financial assurance and fiscal integrity than a biannual audit,
and this intension is expressed in Section 5.09 of the City Charter. The
Association of International Certified Public Account (AICPA) through AU-C
210 requires the terms of an audit engagement to be documented in an
audit engagement letter.
The audit services standard audit contract for fiscal years 2023, 2024, and
2025 and audit engagement letter for fiscal year 2023 is with the audit firm
Eide Bailly, LLP.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:None, this agreement is budgeted for each year.
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Attachments:
Standard_Audit_Contract_City of Bozeman_Eide Bailly
LLP.pdf
City of Bozeman 2023 Engagement Letter.pdf
Report compiled on: July 3, 2023
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DEPARTMENT OF ADMINISTRATION
STANDARD AUDIT CONTRACT
This Contract is made this 3rd day of April , 2023 , by and among
Eide Bailly LLP
Certified Public Accountant
("Contractor"),
City of Bozeman, Montana
Governmental Entity
("Entity"),
and the Montana Department of Administration, Local Government Services, ("State"), acting under the
authority of Title 2, Chapter 7, Part 5, of the Montana Code Annotated. The State’s mailing address, phone
number and e-mail address are P.O. Box 200547, Helena, MT 59620-0547; (406) 444-9101; and
LGSPortalRegistration@mt.gov.
1. Effective Date: This contract is not effective with respect to any party until it is approved and signed by
the State, as required by Section 2-7-506(3), MCA. The Contractor may not begin any audit work until
the State gives this approval. If the Contractor begins work before the State’s approval of the contract and
the State subsequently does not approve the contract, the Contractor is not entitled to receive any
compensation for the work performed.
2. Audit Period and Payment: This contract covers the following audit period(s):
July 1 , 2023 to June 30 , 2025 .
A. The Entity shall pay the Contractor for the audit work on the basis of time and necessary out-of-pocket
expenses, which will not exceed:
$125,500 for initial (or sole) audit covering 7/ 1/2022 to 6 /30 /2023 .
$100,000 for subsequent audit covering 7/ 1 /2023 to 6 /30 /2024 .
$107,000 for subsequent audit covering 7/1 /2024 to 6 /30 /2025 .
The Entity shall pay the fees listed in Appendices A, B & C, as applicable, which are attached hereto
and incorporated by reference. Any change to the audit fees requires a contract amendment.
B. The contract payments do not include the cost of additional work that may be required if the Contractor
discovers a defalcation or material irregularity. Any change in the scope of the audit services to be
provided under this contract requires a contract amendment.
C. The Contractor may submit interim bills to the Entity each month, based upon the estimated percentage
of contract completion. The Entity may retain ten percent (10%) of each of these estimates until the
Contractor has delivered the final audit report, at which time the Entity shall release the amount
retained.
3. Peer Review: The Contractor shall provide the Entity with a copy of its most recent external peer review
report and any letter of comment, and any subsequent peer review reports and letters of comment received
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during the contract period.
4. Audit Scope: The Contractor shall perform the following:
A. The Contractor shall conduct the audit in accordance with (i) generally accepted auditing standards
adopted by the American Institute of Certified Public Accountants and (ii) the standards applicable to
financial audits contained in Government Auditing Standards, issued by the Comptroller General of the
United States.
The Contractor shall opine on the presentation of the Entity’s financial statements in accordance with the
Entity’s applicable financial reporting framework prescribed at Section 2-7-504, MCA.
If the Contractor’s opinion on the Entity’s financial statements is other than unmodified, the Contractor
shall fully discuss the reasons with the Entity in advance of issuing a report. If, for any reason, the
Contractor is unable to complete the audit or is unable to form or has not formed an opinion, the
Contractor may decline to express an opinion or decline to issue a report as a result of the engagement.
B. The Contractor shall perform tests of internal control over financial reporting. Findings resulting from
these tests shall be reported in accordance with Government Auditing Standards
C. The Contractor shall perform tests of the Entity’s compliance with provisions of laws, regulations,
contracts, and grant agreements. The Contractor shall use the local government compliance supplement
prepared by the State, as required by Section 2-7-505(2), MCA, in conjunction with Government
Auditing Standards to determine the compliance testing to be performed during the audit. Findings
resulting from these tests shall be reported in accordance with Government Auditing Standards. If the
Contractor becomes aware of fraud, waste or abuse, the Contractor shall report related findings in
accordance with Government Auditing Standards. The Contractor shall perform tests, including but not
limited to the following, to determine whether:
(1) the Entity has complied with all appropriate statutes and regulations, as required by Section 2-7-
502, MCA;
(2) the Entity has complied with the provisions of each of its debt covenants and agreements;
(3) if the audit is of a county, city or town, the Entity has retained money in a local charge for services
fund contrary to the requirements of Sections 17-2-301 through 17-2-303, MCA, as required by
Section 17-2-302, MCA. The Contractor shall report any findings of noncompliance with the
provisions of these statutes, regardless of materiality; and
(4) if the audit is of a county or consolidated city/county government, the Entity has complied with
state laws relating to receipts and disbursements of agency or custodial funds maintained by the
Entity, as required by Section 2-7-505, MCA.
If required by the State, the Contractor shall provide documentation of testing performed to comply with
(3) and (4), above.
D. When applicable, the audit must meet all requirements of the Federal Single Audit Act of 1984, as
amended, and Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”). If these federal
regulations are amended, the amended regulations will prevail.
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E. The audit scope with regard to federal financial assistance for each fiscal year covered by this contract
must be as specified in Appendices A, B and C. Any change to the audit scope with regard to federal
financial assistance requires a contract amendment.
F. Except as provided below, for purposes of determining the scope of the audit, the Entity is considered
the financial reporting entity as defined in the Entity’s applicable financial reporting framework
prescribed at Section 2-7-504, MCA. This provision does not preclude the Entity from engaging a
different audit firm for the audit of a segment, fund or component unit of the Entity. However, both the
Entity and Contractor shall notify the State whenever the Entity elects to engage a different audit firm
for the audit of a segment, fund or governmental component unit. Such additional audit must be
contracted for on the State’s Standard Audit Contract, and the audit firm shall be on the Roster of
Independent Auditors authorized to conduct audits of Montana local governments that is maintained by
the State.
If this contract is for an audit of a segment, fund, or governmental component unit of the primary
government, the Entity is considered to be the segment, fund or component unit.
G. Any school district audit must also include auditing procedures sufficient to provide an opinion as to
whether the following supplemental information is fairly stated in relation to the basic financial
statements:
(1) the school district's enrollment for the fiscal year or years being audited as reported to the Office of
Public Instruction in the Fall and Spring “Student Count for ANB” reports; and
(2) when applicable, the extracurricular funds for pupil functions.
H. If the Entity is a school district or associated cooperative, the Contractor shall contact the State Office
of Public Instruction and the county superintendent of schools before or during the audit of the Entity.
The Contractor shall determine whether those offices are aware of potential financial or legal
compliance problems relating to the Entity that could affect the scope of the audit.
I. The Contractor shall immediately notify the Entity and the State in writing of any material irregularities
it discovers. If the Entity is a school district or special education cooperative, the Contractor shall also
immediately notify the State Office of Public Instruction in writing. To notify the State, Contractors
shall email LGSPortalRegistration@mt.gov to the attention of the Local Government Services Bureau
Chief. To notify the State Office of Public Instruction, Contractors shall email
OPIAuditReport@mt.gov to the attention of the OPI Auditor.
J. The Contractor shall notify the Entity of all proposed audit adjustments and, if the Entity concurs, shall
obtain written acceptance of these proposed adjustments. The State reserves the right to request
documentation of these proposed and accepted audit adjustments.
5. Entity’s Responsibilities: The Entity shall be responsible for:
A. its basic financial statements, including note disclosures;
B. all supplementary information required by its applicable financial reporting framework prescribed at
Section 2-7-504, MCA and by provisions of this contract;
C. establishing and maintaining effective internal control over financial reporting, including internal
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controls related to the prevention and detection of fraud;
D. ensuring that it complies with the laws, regulations, contracts and grant agreements applicable to its
activities;
E. making all financial records and related information available to the Contractor;
F. the schedule of expenditures of federal awards required for audits conducted under Uniform Guidance;
G. approving all proposed audit adjustments before posting, if the Entity concurs with the proposed
adjustments;
H. adjusting the financial statements and accounting records to correct material misstatements and to agree
with the audited financial statements; and
I. providing the Contractor, at the conclusion of the audit engagement, with a letter that confirms certain
representations made during the audit, including an affirmation that the effects of any uncorrected
misstatements aggregated by the auditor during the current engagement and pertaining to the latest
period presented are immaterial, both individually and in the aggregate, to the financial statements
taken as a whole.
6. Dates for Annual Financial Report or Trial Balance of Accounts: The Entity shall prepare its annual
financial report or a trial balance of accounts no later than the dates specified in Appendices A, B and C. If
the Entity is unable to prepare its annual financial report or trial balance by the date specified in the
Appendices, the Entity shall notify the Contractor and the State in writing prior to the specified dates.
7. Beginning the Audit: The Contractor shall begin the audit field work based on the schedule established in
Appendices A, B and C. Under Section 2-7-503(3)(a), MCA, all audits must commence within nine months
from the close of the last fiscal year of the audit period.
8. Completion of Audit: The Contractor shall deliver the audit report to the Entity and the State, based on the
schedule established in Appendices A, B and C. If the Contractor cannot deliver the audit report to the Entity
and the State on the date specified in the Appendices, the Contractor shall notify the Entity and the State in
writing of that fact, and the reason(s) for the delay. Under Section 2-7-503(3)(a), MCA, all audits must be
completed and the reports issued within one year from the close of the last fiscal year covered by the audit. If
the audit is conducted in accordance with the provisions of Uniform Guidance, the Contractor shall complete
the audit and issue the audit report within the time period required by that federal regulation, unless a longer
period has been agreed to in advance by the federal cognizant or oversight agency for audit. If the Entity has
requested and received an extension of the due date of the Uniform Guidance from a federal agency, the
Entity shall submit a copy of the approved extension to the State.
9. Due Date Extension: The State may grant an extension to the Entity for filing the audit report beyond the
one- year due date provided for in paragraph 8, above. To do so, the Entity shall make a request to the State
in writing and shall show good cause for the delinquency or demonstrate that the failure to meet the deadline
provided for in paragraph 8, above, was the result of circumstances beyond the Entity’s control. The State will
determine good cause or circumstances beyond the Entity’s control based on the facts of each case.
10. Presentation of Audited Financial Statements: The final audit report must contain basic financial statements
and supplementary information consistent with the applicable financial reporting framework prescribed at
Section 2-7-504, MCA. In addition, other supplementary information required by provisions within this
contract and by Uniform Guidance must also be included, if applicable.
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A. The final audit report must also contain any supplementary or other information as agreed upon by the
Entity and Contractor.
B. If the Entity’s accounting records or other circumstances do not permit financial statements to comply
with the applicable financial reporting framework prescribed at Section 2-7-504, MCA, the Contractor
shall notify the State of those conditions and describe the financial statements that will be presented.
The applicable auditor’s reports must be modified in accordance with professional standards to reflect a
departure from the applicable financial reporting framework.
C. If the audit is of a school district with separate elementary and high school district general funds, the
general funds must be combined as a single major fund. All other funds must be separately considered
for major fund criteria.
D. If the audit is a biennial audit covering two years, the Contractor shall present complete financial
statements as specified above for each year covered by the audit. However, note disclosures for both
fiscal years may be in one set of notes, with separate fiscal year disclosures as necessary. The two years
must be presented under one audit report cover and opined upon in one Independent Auditor’s Report.
11. Auditor’s Reports: All audit reports must contain the following auditor's reports, which must comply with
applicable professional standards in effect for the fiscal year or years being audited:
A. a report on the financial statements of the Entity;
B. a report on internal control over financial reporting and on compliance and other matters based on an
audit of financial statements performed in accordance with Government Auditing Standards.
C. a reference to a report disclosing any deficiencies in internal control or instances of noncompliance with
provisions of contracts or grant agreements or abuse that have a less than material effect on the financial
statements but warrant the attention of management or those charged with governance. This report must
be referred to in the report required in 11.B. above.
D. a report on any supplementary or other information presented in the audit report. This report must be
given in an “other matters” paragraph(s) of the auditor’s report on the financial statements (11.A.
above), and shall identify, if applicable:
(1) Any Required Supplementary Information (RSI), as required by the Governmental Accounting
Standards Board.
(2) Any Supplementary Information (SI) included in the report to comply with provisions of laws,
regulations, contracts, or grant agreements. For the following schedules, the Contractor shall report
on whether the information is fairly stated, in all material respects, “in relation to” the financial
statements as a whole, unless the condition of the financial records do not allow the auditor to
render such an opinion:
a) schedule of school district “Student Count for ANB” required in paragraph 13.A.;
b) schedule of school district extracurricular fund financial activities required in paragraph
13.B.;
c) schedule of expenditures of federal awards required by Uniform Guidance and in paragraph
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12.A.; and
d) Any supplementary information for financial reporting frameworks required by A.R.M.
2.4.401.
(3) Any Other Information (OI) for financial reporting frameworks required by A.R.M. 2.4.401.
(4) Any Other Information (OI) that is included in the audit report, if deemed appropriate in accordance
with professional standards.
E. a report disclosing the action taken by the Entity to correct any deficiencies or implement any
recommendations contained in the prior audit report. This report must be in a format that specifically
identifies, by title or summary, each deficiency or recommendation contained in the prior audit report
and the action taken by the Entity on each such deficiency or recommendation.
F. If the Contractor includes audit findings in the reports referenced in 11.B. and 11.C. above, the views of
Entity officials and their planned corrective actions must also be included, as required by Government
Auditing Standards, if they are available at the time the Contractor submits the audit report to the State.
If the views and planned corrective actions are not available at that time, the Contractor shall so indicate
in the reports.
12. Single Audits: All audit reports for single audits done in accordance with Uniform Guidance must contain the
following:
A. a schedule of expenditures of federal awards, prepared by the Entity, which must contain all elements
required by Uniform Guidance.
B. a report on the schedule of expenditures of federal awards. This report may be combined with other
reports as provided by Uniform Guidance and professional standards. This report must comply with
applicable professional standards in effect for the fiscal year or years being audited.
C. a report on compliance for each major program and a report on internal control over compliance in
accordance with Uniform Guidance. These reports must refer to the separate schedule of findings and
questioned costs described in paragraph 12.D. of the contract and must comply with applicable
professional standards in effect for the fiscal year or years being audited.
D. a schedule of findings and questioned costs which must include the information required by Uniform
Guidance.
E. an Entity-prepared document, separate from the Contractor’s findings, that describes the Entity’s
corrective action plan in accordance with Uniform Guidance for each current-year audit finding, if that
plan is available at the time the Contractor submits the audit report to the State. This document should
be submitted on Entity letterhead and should include a corrective action plan for each finding, regardless
whether the finding is identified in accordance with Uniform Guidance or Government Auditing
Standards.
13. School Districts: School district audit reports must include the following as supplementary
information/schedules:
A. a schedule of the district's enrollment as reported to the Office of Public Instruction for the fiscal year or
years being audited. The schedule must contain the enrollment both as reported in the Fall and Spring
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“Student Count for ANB” reports and as documented by the school district's enrollment records; and
B. a detailed schedule of extracurricular fund financial activities.
14. Local Governments Reporting on Non-GAAP Financial Reporting Framework: Audit reports of local
governments that report on a non-GAAP financial reporting framework as provided in A.R.M. 2.4.401 must
include any Supplementary Information and Other Information required in that administrative rule.
15. Written Report to Entity: The Contractor shall render a single, written report for the Entity audited,
including the reports and schedules referenced in paragraphs 11 through 14 above.
16. Exit Conference: Before submitting the final audit report, the Contractor shall hold an exit review conference
in which the audit results are discussed with those charged with governance and other appropriate Entity
officials and employees. The Contractor shall ensure that all members of the governing body and key
members of management are notified of this exit conference. The Contractor further agrees that before the
exit conference, it will not discuss the audit findings with anyone other than the Entity or the State. Once the
Contractor delivers the final audit report to the Entity, the report is deemed to be a public record.
17. Report Distribution: The Contractor and Entity shall file copies of the audit report as specified below:
A. The Contractor shall provide the Entity with the number of copies of the audit report specified in
Appendices A, B and C. The cost of those copies is included in the total price for the engagement as set
out in paragraph 2.A., above, and in the Appendices.
B. The Contractor shall submit one of the copies referred to in 17.A., above, to the attorney for the Entity.
C. Upon request by the Entity, the Contractor shall provide additional copies of the audit report at a price
per copy agreed upon by the Entity and Contractor.
D. The Contractor shall provide the State with a text-searchable, unlocked, and unencrypted electronic copy
of the audit report at no charge. The report must be submitted to the State at the same time when the
Contractor delivers the final audit report to the Entity. Any report delivered separately to management or
those charged with governance identifying findings and recommendations as described in 11.C. above
must be submitted electronically at the same time the audit report is submitted. The Contractor shall
advise the State, at the time of submitting the electronic report, of the date the final report was delivered
to the Entity, the date of the audit report, the actual number of hours the Contractor spent conducting the
audit, the total audit fee billed the Entity, and whether the audit was conducted in accordance with the
provisions of Uniform Guidance.
E. If the Entity is a school district or associated cooperative, the Contractor shall provide at no additional
charge copies of the audit report to the Office of Public Instruction, the county superintendent of
schools, and the county attorney.
F. If the Entity is a city or town fire department relief association disability and pension fund, the
Contractor shall provide at no additional charge one copy of the audit report to the city or town clerk.
G. If the audit is a single audit conducted in accordance with the provisions of Uniform Guidance, the
Entity shall provide copies of the reporting package defined in Uniform Guidance and the data collection
form to the federal clearinghouse designated by OMB.
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18. Entity Response: If not included in the audit report as provided in paragraphs 11.F. and 12.E., within 30 days
after receiving the audit report, the Entity shall notify the State in writing as to what action it plans to take to
correct any deficiencies or implement any recommendations identified or contained in the audit report as
required by Section 2-7-515, MCA, and ARM 2.4.409. This notification must also address any findings and
recommendations identified in any report to management or those charged with governance described in 11.C.
above. If the audit is a single audit conducted in accordance with Uniform Guidance, this corrective action
plan must also meet the requirements of Uniform Guidance. If the Entity is a school district or special
education cooperative, the Entity shall also send a copy of this notification to the Office of Public Instruction.
19. Entity’s Attorney: If requested by the State, the attorney for the Entity shall report to the State on the actions
taken or the proceedings instituted or to be instituted relating to violations of law and nonperformance of duty
as required by Section 2-7-515(4), MCA. The attorney shall report to the State within 30 days after receiving
the request.
20. Certification of Auditor Independence: The Contractor certifies that, as required by generally accepted
government auditing standards, it and its principals and employees are independent in all matters regarding
this engagement. This contract must not include non-audit services. The Contractor shall neither arrange for
nor accept other work with the Entity that could in any way impair the Contractor's compliance with
professional independence standards. If required by the State, the Contractor shall provide documentation
that independence has been maintained in both mind and appearance as required by professional auditing
standards.
21. Contractor and Subcontractors: The Contractor shall not assign any rights, or subcontract or delegate any
duties of the contract without the Entity’s and State’s prior written consent.
The Contractor is the prime contractor and is responsible, in total, for all work of any subcontractors. Any
subcontractors performing audit work shall be on the Roster of Independent Auditors authorized to conduct
audits of Montana local governments that is maintained by the State. The Contractor is responsible to the
Entity and the State for the acts and omissions of all subcontractors or agents and of persons directly or
indirectly employed by such subcontractors or agents. There is no contractual relationship between any
subcontractor and the State.
22 State Participation in Conferences: The State may participate in all entrance and exit conferences between
the Entity and Contractor, as well as all major conferences held in conjunction with the audit of the Entity.
23. Access to Records: The Contractor shall give the State and, when required by law, the Montana Legislative
Audit Division, access to the Contractor's work programs, supporting working papers, time records, and all
other documents relating to the audit. Access to these documents must be provided at the State's offices in
Helena, Montana. Access to working papers includes the right of the State to obtain copies of working papers,
as is reasonable and necessary. The Contractor shall make the work programs and supporting working papers
available to the State for use by the State or other public accounting firms as directed by the State in future
audits of the Entity. The Contractor shall make the audit programs and supporting working papers available to
the cognizant or oversight agency for audit or its designee, federal agencies providing direct or indirect
funding, or the U.S. General Accounting Office, if requested. Access to working papers includes the right of
federal agencies to obtain copies of working papers, as is reasonable and necessary. The Contractor shall
retain the audit report, work programs, and supporting working papers for a minimum of five years from the
date of the audit report, unless the State notifies the Contractor to extend the retention period. If professional
standards or other applicable laws, rules, or regulations require a longer retention period, the Contractor shall
retain the above materials for that specified period.
24. State Review of Report: As provided by Section 2-7-522, MCA, the State shall review the Contractor’s audit
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AuditContract.11-2020 Page 9 of 13 11/2020
report. If the State determines that reporting requirements have not been met, it will notify the Entity and the
Contractor of the significant issues of noncompliance. The Contractor shall correct the identified deficiencies
within 60 days of notification.
25. Independent Contractor: The Contractor is an independent contractor and neither its principals nor its
employees are employees of the State or Entity for any purposes.
26. Workers’ Compensation: The Contractor certifies that it carries Workers’ Compensation for its employees
and that it has either elected Workers’ Compensation or has an approved Independent Contractor’s Exemption
covering the Contractor while performing work under this contract. (Montana Code Annotated, Title 39,
Chapter 71).
27. Indemnity: The Contractor shall defend and indemnify the State and Entity, their elected and appointed
officials, agents, and employees from and against all claims, causes of action, damages, liabilities, court costs
and attorney fees in favor of the Contractor’s employees or third parties for bodily or personal injuries, death,
or damage to property arising from the acts or omissions or alleged acts or omissions of the Contractor and/or
its agents, employees, representatives, assigns, subcontractors under this contract. This defense and indemnify
obligation does not apply to acts or omissions arising from the sole negligence of the State or Entity under this
contract. This defense and indemnity obligation survives termination or expiration of this contract.
If the Contractor is or may be obligated to pay any cost, settlement, judgment, fine, penalty, or similar award
or sanction as a result of a claim, investigation, or other proceeding instituted by any third party, then to the
extent that such obligation is or may be a direct or indirect result of the Entity’s intentional or knowing
misrepresentation or provision to the Contractor of inaccurate or incomplete information in connection with
this engagement, and not any failure on the Contractor’s part to comply with professional standards, the Entity
shall defend and indemnify the Contractor against such obligations.
28. Insurance – Commercial General Liability: The Contractor shall maintain for the duration of the contract,
at its cost and expense, occurrence coverage insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the work by the Contractor, and/or its
agents, employees, representatives, assigns, or subcontractors. The Contractor's insurance coverage shall be
primary insurance for the Contractor’s negligence with respect to the State and Entity and their elected
officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the State and
Entity and their officers, officials, employees or volunteers shall be excess of the Contractor's insurance and
shall not contribute with it.
Insurance - Professional Liability: The Contractor shall purchase and maintain occurrence coverage to
cover such claims as may be caused by any act, omission, negligence of the Contractor or its officers, agents,
representatives, assigns or subcontractors.
If occurrence coverage is unavailable or cost-prohibitive, the state will accept ‘claims made’ coverage
provided the following conditions are met: 1) the commencement date of the contract must not fall outside the
effective date of insurance coverage and it will be the retroactive date for insurance coverage in future years,
and 2) the claims made policy must have a three-year tail for claims that are made (filed) after the cancellation
or expiration date of the policy.
The State and Entity may require complete copies of certificates of insurance during the term of this contract.
29. Compliance with Laws:
A. The Contractor shall, in performance of work under this contract, fully comply with all applicable
federal, state, or local laws, rules, regulations, and executive orders including but not limited to, the
16
AuditContract.11-2020 Page 10 of 13 11/2020
Montana Human Rights Act, the Equal Pay Act of 1963, the Civil Rights Act of 1964, the Age
Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the
Rehabilitation Act of 1973. The Contractor is the employer for the purpose of providing healthcare
benefits and paying any applicable penalties, fees and taxes under the Patient Protection and
Affordable Care Act [P.l. 111-148, 124 Stat. 119]. Any subcontracting by the Contractor subjects
subcontractors to the same provisions.
B. In accordance with 49-3-207, MCA, and Executive Order No. 04-2016 the Contractor agrees that the
hiring of persons to perform this contract will be made on the basis of merit and qualifications and
there will be no discrimination based on race, color, sex, pregnancy, childbirth or medical conditions
related to pregnancy or childbirth, political or religious affiliation or ideas, culture, creed, social
origin or condition, genetic information, sexual orientation, gender identity or expression, national
origin, ancestry, age, disability, military service or veteran status, or marital status by the persons
performing this contract.
30. Work Accommodations: The Entity shall provide the Contractor with reasonable space in which to conduct
the audit and shall respond promptly to requests for information as well as for all necessary books and records.
Support for clerical, equipment, reproduction services shall be agreed upon by the Entity and the Contractor as
specified in Appendices A, B and C.
31. Termination before Audit Commences: Before the commencement of the audit, either the Contractor or the
Entity, with the State’s consent, or the State alone, may terminate this contract for cause if another party has
breached a material term or condition of this contract or violated an applicable law or regulation. The non-
breaching party shall provide the other party written notice of the breach and allow 20 days to remedy the
breach.
The Contractor and the Entity may agree to terminate this contract without cause before the commencement of
the audit. If such a termination occurs, the State shall consent to the termination upon written notification by
the Contractor and the Entity of their agreement to terminate this contract.
The State, however, will not consent to the cancellation of an audit contract for the sole purpose of allowing
the Contractor and Entity to then enter into a new contract that extends the number of fiscal years to be audited
by the Contractor. Unless there are extenuating circumstances, the existing audit contract must be completed
first. This provision does not prohibit the cancellation of a contract for the purpose of replacing an annual
audit with a biennial audit.
32. Termination after Audit Commences: After the audit has commenced, but before the audit report has been
issued, either the Contractor or the Entity, with the State’s consent, or the State alone, may terminate this
contract for cause if another party has breached a material term or condition of this contract or violated an
applicable law or regulation. The non-breaching party shall provide the other party written notice of the
breach and allow 20 days to remedy the breach. If the Contractor is the breaching party and fails to remedy the
breach, the Contractor is not entitled to the fee set out in this contract. This is the Entity’s and the State’s sole
remedy. If the Entity is the breaching party, the Entity shall pay the Contractor a pro rata portion of the fee set
out in this contract, based on the percentage of work completed at the time of termination. This is the
Contractor’s sole remedy.
The Contractor and the Entity may agree to terminate this contract without cause after the audit has
commenced but before the audit report has been issued. If such a termination occurs, the State shall consent to
the termination upon written notification by the Contractor and the Entity of their agreement to terminate this
contract.
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AuditContract.11-2020 Page 11 of 13 11/2020
33. Contractor Compliance with CPE and Quality Control Review: The Contractor certifies compliance with
the continuing professional education requirements and the external quality control review requirements as set
out in Government Auditing Standards, as established by the Comptroller General of the United States. The
State may require the Contractor to provide evidence that it has met the above requirements.
34. Single Audit Act Certification: If the audit is required to meet the requirements of the Single Audit Act of
1984, as amended, and Uniform Guidance, the Contractor certifies that neither it nor any of its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
performing audits by any Federal department or agency.
35. Time is of the Essence: Time is of the essence regarding all provisions of this contract.
36. Governing Law and Venue: This contract is governed by the laws of Montana. The parties agree that any
litigation concerning this contract in which the State is named as a party must be brought in the First Judicial
District in and for the County of Lewis and Clark, State of Montana. Each party shall pay its own costs and
attorney fees, except as otherwise allowed in this contract. The parties also agree that any litigation
concerning this contract in which the State is not named as a party must be brought in the State of Montana
Judicial District in the County in which the Entity is located. Each party shall pay its own costs and attorney
fees, except as otherwise allowed in this contract.
37. Notice: All notices under this contract must be in writing and will be deemed given if delivered personally, by
mail, certified, return receipt requested, or by e-mail. All notices will (a) if delivered personally, be deemed
given upon delivery, (b) if delivered by mail, be deemed given upon receipt, or (c) if delivered by e-mail be
deemed given upon receipt.
38. Invalid Provision: If any provision of this contract is held to be illegal or unenforceable and the parties’ rights
or obligations will not be materially and adversely affected, such provision will be (a) severed from the
contract, (b) the contract will be interpreted as if such provision was never a part of the contract and (c) the
remaining provisions will stay in effect.
39. Authority: Each party represents that the person signing this contract has the authority to bind that party.
40. Entire Agreement and Amendment: This contract and the attached Appendices contain the entire
understanding and agreement of the parties. No modification or amendment of this contract is valid unless it
is reduced to writing, signed by the parties, and made a part of this contract.
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AuditContract.11-2020 Page 12 of 13 11/2020
Contractor, Entity, and State have executed this Standard Audit Contract on the date first above written:
Certified Public Accountant
Eide Bailly, LLP
Firm Name
By: Date:
Authorized Representative
Governmental Entity
City of Bozeman, Montana
Entity Name
By: Date:
Authorized Representative
Montana Department of Administration,
Local Government Services
By: Date:
Approved By
19
AuditContract.11-2020 Page A1 11/2020
APPENDIX A
Initial or Sole Audit under this Contract
GOVERNMENTAL ENTITY (ENTITY): City of Bozeman, Montana
406-582-2335 Address: 121 N. Rouse Ave Telephone: (Street Address or P.O. Box)
Bozeman , MT 59715 (City/Town) (Zip Code)
Aaron Funk; afunk@bozeman.net Contact Person(s) and E-Mail Address(es)
PUBLIC ACCOUNTANT/ACCOUNTING
FIRM (CONTRACTOR): Eide Bailly LLP
303-459-6758 Address: 7001 E. Belleview Ave., Ste 700 Telephone: (Street Address or P.O. Box)
Denver , CO 80237 (City/Town) (Zip Code)
Paul Kane; pkane@eidebailly.com Contact Person(s) and E-Mail Address(es)
1. Audit Period and Dates of Engagement:
A. This audit will cover the fiscal year(s) ending
June 30 , 2023 (and ).
(Month & Day) (Year) (Year)
B. Date to commence audit work: September 2023
C. Date to submit final audit report
to Entity and State: December 2023
2. Time and Price for Engagement:
A. Estimated total hours - 700
B. Price for audit personnel $ 89,000
Price for Travel $ 5,000
Price for typing, clerical
and report preparation $ 31,500
Total price for this
engagement $ 125,500
3. The reporting entity contains the following discretely presented component units:N/A
20
AuditContract.11-2020 Page A2 11/2020
4. Date Annual Financial Report or a trial balance will be available: September 2023
5. Number of copies of audit report Contractor will provide to Entity: _PDF’s Only_
6. The Entity will provide clerical, equipment, and photocopying or reproduction services to the Contractor
as follows:
The City will provide access to copies electronically.
7. The audit scope with regard to federal financial assistance received by the Entity for the above fiscal
year(s) will be as indicated below:
The audit will be a single audit conducted in accordance with the provisions of Uniform Guidance because the
Entity expended a total amount of federal awards equal to or in excess of $750,000 during the fiscal year(s), or
such other dollar amount ($____________) that is effective for the fiscal year(s) being audited.
OR
The audit will not be a single audit conducted in accordance with the provisions of Uniform Guidance and will not
include audit coverage of any federal financial assistance in accordance with requirements of that federal
regulation, because the Entity expended a total amount of federal awards of less than $750,000 during the fiscal
year(s), or such other dollar amount ($____________) that is effective for the fiscal year(s) being audited.
Certified Public Accountant
Eide Bailly LLP
Firm Name
By: Date:
Authorized Representative
Governmental Entity
City of Bozeman, Montana
Entity Name
By: Date:
Authorized Representative
Montana Department of Administration,
Local Government Services
By: Date:
Approved By
21
AuditContract.11-2020 Page B1 11/2020
APPENDIX B
Subsequent Audit under this Contract
GOVERNMENTAL ENTITY (ENTITY): City of Bozeman, Montana
406-582-2335 Address: 121 N. Rouse Ave Telephone: (Street Address or P.O. Box)
Bozeman , MT 59715 (City/Town) (Zip Code)
Aaron Funk; afunk@bozeman.net Contact Person(s) and E-Mail Address(es)
PUBLIC ACCOUNTANT/ACCOUNTING
FIRM (CONTRACTOR): Eide Bailly LLP
303-459-6758 Address: 7001 E. Belleview Ave., Ste. 700 Telephone: (Street Address or P.O. Box)
Denver , CO 80237 (City/Town) (Zip Code)
Paul Kane; pkane@eidebailly.com Contact Person(s) and E-Mail Address(es)
1. Audit Period and Dates of Engagement:
A. This audit will cover the fiscal year(s) ending
June 30 , 2024 (and ).
(Month & Day) (Year) (Year)
B. Date to commence audit work: September 2024
C. Date to submit final audit report
to Entity and State: December 2024
2. Time and Price for Engagement:
A. Estimated total hours - 700
B. Price for audit personnel $ 95,000
Price for Travel 5,000
Price for typing, clerical
and report preparation
Total price for this
engagement $ 100,000
3. The reporting entity contains the following discretely presented component units:N/A
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AuditContract.11-2020 Page B2 11/2020
4. Date Annual Financial Report or a trial balance will be available: September 2024
5. Number of copies of audit report Contractor will provide to Entity: PDF’s Only_
6. The Entity will provide clerical, equipment, and photocopying or reproduction services to the Contractor
as follows:
The City will provide access to copies electronically.
7. The audit scope with regard to federal financial assistance received by the Entity for the above fiscal
year(s) will be as indicated below:
The audit will be a single audit conducted in accordance with the provisions of Uniform Guidance because the
Entity expended a total amount of federal awards equal to or in excess of $750,000 during the fiscal year(s), or
such other dollar amount ($____________) that is effective for the fiscal year(s) being audited.
OR
The audit will not be a single audit conducted in accordance with the provisions of Uniform Guidance and will not
include audit coverage of any federal financial assistance in accordance with requirements of that federal
regulation, because the Entity expended a total amount of federal awards of less than $750,000 during the fiscal
year(s), or such other dollar amount ($____________) that is effective for the fiscal year(s) being audited.
Certified Public Accountant
Eide Bailly LLP
Firm Name
By: Date:
Authorized Representative
Governmental Entity
City of Bozeman, Montana
Entity Name
By: Date:
Authorized Representative
Montana Department of Administration,
Local Government Services
By: Date:
Approved By
23
AuditContract.11-2020 Page C1 11/2020
APPENDIX C
Subsequent Audit under this Contract
GOVERNMENTAL ENTITY (ENTITY): City of Bozeman, Montana
406-582-2335 Address: 121 N. Rouse Ave Telephone: (Street Address or P.O. Box)
Bozeman , MT 59715 (City/Town) (Zip Code)
Aaron Funk; afunk@bozeman.net Contact Person(s) and E-Mail Address(es)
PUBLIC ACCOUNTANT/ACCOUNTING
FIRM (CONTRACTOR) : Eide Bailly LLP
303-459-6758 Address: 7001 E. Belleview Ave., Ste. 700 Telephone: (Street Address or P.O. Box)
Denver , CO 80237 (City/Town) (Zip Code)
Paul Kane; pkane@eidebailly.com Contact Person(s) and E-Mail Address(es)
1. Audit Period and Dates of Engagement:
A. This audit will cover the fiscal year(s) ending
June 30 , 2025 (and ).
(Month & Day) (Year) (Year)
B. Date to commence audit work: September 2025
C. Date to submit final audit report
to Entity and State: December 2025
2. Time and Price for Engagement:
A. Estimated total hours - 700
B. Price for audit personnel $ 102,000
Price for Travel 5,000
Price for typing, clerical
and report preparation
Total price for this
engagement $ 107,000
3. The reporting entity contains the following discretely presented component units: N/A
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AuditContract.11-2020 Page C2 11/2020
4. Date Annual Financial Report or a trial balance will be available: September 2025
5. Number of copies of audit report Contractor will provide to Entity: PDF’s Only__
6. The Entity will provide clerical, equipment, and photocopying or reproduction services to the Contractor
as follows:
The City will provide access to copies electronically.
7. The audit scope with regard to federal financial assistance received by the Entity for the above fiscal
year(s) will be as indicated below:
The audit will be a single audit conducted in accordance with the provisions of Uniform Guidance because the
Entity expended a total amount of federal awards equal to or in excess of $750,000 during the fiscal year(s), or
such other dollar amount ($____________) that is effective for the fiscal year(s) being audited.
OR
The audit will not be a single audit conducted in accordance with the provisions of Uniform Guidance and will not
include audit coverage of any federal financial assistance in accordance with requirements of that federal
regulation, because the Entity expended a total amount of federal awards of less than $750,000 during the fiscal
year(s), or such other dollar amount ($____________) that is effective for the fiscal year(s) being audited.
Certified Public Accountant
Eide Bailly LLP
Firm Name
By: Date:
Authorized Representative
Governmental Entity
City of Bozeman, Montana
Entity Name
By: Date:
Authorized Representative
Montana Department of Administration,
Local Government Services
By: Date:
Approved By
25
Professional Services Agreement for Audit Services
Page 1 of 2
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. 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.
26
Professional Services Agreement for Audit Services
Page 2 of 2
2. 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 ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
27
1
June 13, 2023
Honorable Mayor and Members of City Commission
City of Bozeman
121 N. Rouse Ave.
City of Bozeman, MT 59715
You have requested that we audit the financial statements of the governmental activities, the business-type
activities, each major fund, and the aggregate remaining fund information of City of Bozeman, Montana (the
City) as of June 30, 2023, and for the year then ended, and the related notes to the financial statements, which
collectively comprise the City’s basic financial statements.
In addition, we will audit the entity’s compliance over major federal award programs for the period ended June
30, 2023. We are pleased to confirm our acceptance and our understanding of this audit engagement by means
of this letter.
Our audits will be conducted with the objectives of our expressing an opinion on each opinion unit and an
opinion on compliance regarding the entity’s major federal award programs. The objectives of our audit of the
financial statements are to obtain reasonable assurance about whether the financial statements as a whole are
free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes
our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not
a guarantee that an audit conducted in accordance with auditing standards generally accepted in the United
States of America (GAAS) and in accordance with Government Auditing Standards, and/or any state or
regulatory audit requirements will always detect a material misstatement when it exists. Misstatements,
including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood
that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on
the financial statements.
The objectives of our compliance audit are to obtain sufficient appropriate audit evidence to form an opinion
and report at the level specified in the governmental audit requirement about whether the entity complied in all
material respects with the applicable compliance requirements and identify audit and reporting requirements
specified in the governmental audit requirement that are supplementary to GAAS and Government Auditing
Standards , if any, and perform procedures to address those requirements.
What inspires you, inspires us. | eidebailly.com
7001 E. Belleview Ave., Ste. 700 | Denver, CO 80237-2733 | TF 866.740.4100 | T 303.770.5700 | F 303.770.7581 | EOE 28
2
Accounting principles generally accepted in the United States of America (U.S. GAAP), as promulgated by the
Governmental Accounting Standards Board (GASB), require management’s discussion and analysis and
budgetary comparison information be presented to supplement the basic financial statements. Such
information, although not a part of the basic financial statements, is required by the Governmental Accounting
Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial
statements in an appropriate operational, economic, or historical context. As part of our engagement, we will
apply certain limited procedures to the required supplementary information (RSI) in accordance with auditing
standards generally accepted in the United States of America. These limited procedures will consist primarily of
inquiries of management regarding their methods of measurement and presentation and comparing the
information for consistency with management’s responses to our inquiries. We will not express an opinion or
provide any form of assurance on the RSI. The following RSI is required by accounting principles generally
accepted in the United States of America. This RSI will be subjected to certain limited procedures but will not be
audited:
• Schedule of Changes in Total OPEB Liability & Related Ratios
• Schedule of Proportionate Share of Net Pension Liability and Schedule of Contributions
• Budgetary Comparison Schedules
• Note to RSI
Supplementary information other than RSI will accompany the City’s basic financial statements. We will subject
the following supplementary information to the auditing procedures applied in our audit of the basic financial
statements and certain additional procedures, including comparing and reconciling the supplementary
information to the underlying accounting and other records used to prepare the financial statements or to the
financial statements themselves, and additional procedures in accordance with auditing standards generally
accepted in the United States of America. We intend to provide an opinion on the following supplementary
information in relation to the financial statements as a whole:
• Combining and Individual Fund Financial Statements and Schedules - Government Funds
• Combining Nonmajor Proprietary Fund Statements
• Combining Internal Service Funds Statements
• Combining Fiduciary Funds
• Nonmajor Governmental Funds Budgetary Comparison Schedules
Schedule of Expenditures of Federal Awards
We will subject the schedule of expenditures of federal awards to the auditing procedures applied in our audit
of the basic financial statements and certain additional procedures, including comparing and reconciling the
schedule to the underlying accounting and other records used to prepare the financial statements or to the
financial statements themselves, and additional procedures in accordance with auditing standards generally
accepted in the United States of America. We intend to provide an opinion on whether the schedule of
expenditures of federal awards is presented fairly in all material respects in relation to the financial statements
as a whole.
Also, the document we submit to you will include the following other additional information that will not be
subjected to the auditing procedures applied in our audit of the financial statements:
• Introductory Section
• Statistical Section
29
3
Data Collection Form
Prior to the completion of our engagement, we will complete the sections of the Data Collection Form that are
our responsibility. The form will summarize our audit findings, amounts and conclusions. It is management’s
responsibility to submit a reporting package including financial statements, schedule of expenditure of federal
awards, summary schedule of prior audit findings and corrective action plan along with the Data Collection Form
to the federal audit clearinghouse. The financial reporting package must be text searchable, unencrypted, and
unlocked. Otherwise, the reporting package will not be accepted by the federal audit clearinghouse. We will
assist you in the electronic submission and certification. You may request from us copies of our report for you to
include with the reporting package submitted to pass-through entities.
The Data Collection Form is required to be submitted within the earlier of 30 days after receipt of our auditors’
reports or nine months after the end of the audit period, unless specifically waived by a federal cognizant or
oversight agency for audits. Data Collection Forms submitted untimely are one of the factors in assessing
programs at a higher risk.
Audit of the Financial Statements
We will conduct our audits in accordance with GAAS, the standards appliable to financial audits contained in
Government Auditing Standards, issued by the Comptroller General of the United States of America, the audit
requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). As part of an audit of financial
statements in accordance with GAAS and in accordance with Government Auditing Standards, Uniform Guidance
and/or any state or regulatory audit requirements we exercise professional judgment and maintain professional
skepticism throughout the audit. We also:
• Identify and assess the risks of material misstatement of the financial statements, whether due to fraud
or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that
is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material
misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve
collusion, forgery, intentional omissions, misrepresentations, or the override of internal control.
• Obtain an understanding of internal control relevant to the audit in order to design audit procedures
that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the
effectiveness of the entity’s internal control. However, we will communicate to you in writing
concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of
the financial statements that we have identified during the audit.
• Evaluate the appropriateness of accounting policies used and the reasonableness of significant
accounting estimates made by management, as well as evaluate the overall presentation of the financial
statements, including the disclosures, and whether the financial statements represent the underlying
transactions and events in a manner that achieves fair presentation.
• Conclude, based on the audit evidence obtained, whether there are conditions or events, considered in
the aggregate, that raise substantial doubt about the City’ss ability to continue as a going concern for a
reasonable period of time.
Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an
unavoidable risk that some material misstatements or noncompliance may not be detected exists, even though
the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards of
the Comptroller General of the United States of America. Please note that the determination of abuse is
subjective, and Government Auditing Standards does not require auditors to detect abuse.
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Our responsibility as auditors is limited to the period covered by our audit and does not extend to any other
periods.
We will issue a written report upon completion of our audit of the City’s basic financial statements. Our report
will be addressed to the governing body of the City. Circumstances may arise in which our report may differ
from its expected form and content based on the results of our audit. Depending on the nature of these
circumstances, it may be necessary for us to modify our opinions, add an emphasis-of-matter or other-matter
paragraph(s) to our auditor’s report, or if necessary, withdraw from the engagement. If our opinions on the
basic financial statements are other than unmodified, we will discuss the reasons with you in advance. If, for any
reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline
to express opinions or to issue a report as a result of this engagement.
In accordance with the requirements of Government Auditing Standards, we will also issue a written report
describing the scope of our testing over internal control over financial reporting and over compliance with laws,
regulations, and provisions of grants and contracts, including the results of that testing. However, providing an
opinion on internal control and compliance over financial reporting will not be an objective of the audit and,
therefore, no such opinion will be expressed.
Audit of Major Program Compliance
Our audit of the City’s major federal award program(s) compliance will be conducted in accordance with the
requirements of the Single Audit Act, as amended; and the Uniform Guidance and will include tests of
accounting records, a determination of major programs in accordance with the Uniform Guidance, and other
procedures we consider necessary to enable us to express such an opinion on major federal award program
compliance and to render the required reports. We cannot provide assurance that an unmodified opinion on
compliance will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or
withdraw from the engagement.
The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about
whether the material noncompliance with applicable laws and regulations, the provisions of contracts and grant
agreements applicable to major federal award programs, and the applicable compliance requirements occurred,
whether due to fraud or error, and express an opinion on the entity’s compliance based on the audit.
Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee
that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance
will always detect material noncompliance when it exists. The risk of not detecting material noncompliance
resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery,
intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the
compliance requirements is considered material if there is a substantial likelihood that, individually or in the
aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the
entity’s compliance with the requirements of the federal programs as a whole.
As part of a compliance audit in accordance with GAAS [and, if applicable, in accordance with Government
Auditing Standards, and/or any state or regulatory audit requirements], we exercise professional judgment and
maintain professional skepticism throughout the audit. We also identify and assess the risks of material
noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those
risks.
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Our procedures will consist of determining major federal programs and performing the applicable procedures
described in the U.S. Office of Management and Budget OMB Compliance Supplement for the types of
compliance requirements that could have a direct and material effect on each of the entity’s major programs,
and performing such other procedures as we considers necessary in the circumstances The purpose of those
procedures will be to express an opinion on the entity’s compliance with requirements applicable to each of its
major programs in our report on compliance issued pursuant to the Uniform Guidance.
Also, as required by the Uniform Guidance, we will obtain an understanding of the entity’s internal control over
compliance relevant to the audit in order to design and perform tests of controls to evaluate the effectiveness of
the design and operation of controls that we consider relevant to preventing or detecting material
noncompliance with compliance requirements applicable to each of the entity’s major federal award programs.
Our tests will be less in scope than would be necessary to render an opinion on these controls and, accordingly,
no opinion will be expressed in our report. However, we will communicate to you, regarding, among other
matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in
internal control over compliance that we have identified during the audit.
We will issue a report on compliance that will include an opinion or disclaimer of opinion regarding the entity’s
major federal award programs, and a report on internal controls over compliance that will report any significant
deficiencies and material weaknesses identified; however, such report will not express an opinion on internal
control.
Management Responsibilities
Our audit will be conducted on the basis that management and, when appropriate, those charged with
governance, acknowledge and understand that they have responsibility:
1. For the preparation and fair presentation of the financial statements in accordance with accounting
principles generally accepted in the United States of America;
2. For the design, implementation, and maintenance of internal control relevant to the preparation and
fair presentation of financial statements that are free from material misstatement, whether due to fraud
or error;
3. For identifying, in its accounts, all federal awards received and expended during the period and the
federal programs under which they were received;
4. For maintaining records that adequately identify the source and application of funds for federally
funded activities;
5. For preparing the schedule of expenditures of federal awards (including notes and noncash assistance
received) in accordance with the Uniform Guidance;
6. For designing, implementing, and maintaining effective internal control over federal awards that
provides reasonable assurance that the entity is managing federal awards in compliance with federal
statutes, regulations, and the terms and conditions of the federal awards;
7. For identifying and ensuring that the entity complies with federal laws, statutes, regulations, rules,
provisions of contracts or grant agreements, and the terms and conditions of federal award programs
and implementing systems designed to achieve compliance with applicable federal statutes, regulations,
and the terms and conditions of federal award programs;
8. For disclosing accurately, currently, and completely, the financial results of each federal award in
accordance with the requirements of the award;
9. For identifying and providing report copies of previous audits, attestation engagements, or other studies
that directly relate to the objectives of the audit, including whether related recommendations have
been implemented;
10. For taking prompt action when instances of noncompliance are identified;
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11. For addressing the findings and recommendations of auditors, for establishing and maintaining a
process to track the status of such findings and recommendations and taking corrective action on
reported audit findings from prior periods and preparing a summary schedule of prior audit findings;
12. For following up and taking corrective action on current year audit findings and preparing a corrective
action plan for such findings;
13. For submitting the reporting package and data collection form to the appropriate parties;
14. For making the auditor aware of any significant contractor relationships where the contractor is
responsible for program compliance;
15. To provide us with:
a. Access to all information of which management is aware that is relevant to the preparation and
fair presentation of the financial statements including disclosures, and relevant to federal award
programs, such as records, documentation, and other matters;
b. Additional information that we may request from management for the purpose of the audit; and
c. Unrestricted access to persons within the entity and others from whom we determine it
necessary to obtain audit evidence.
16. For adjusting the financial statements to correct material misstatements and confirming to us in the
management representation letter that the effects of any uncorrected misstatements aggregated by us
during the current engagement and pertaining to the current year period(s) under audit are immaterial,
both individually and in the aggregate, to the financial statements as a whole;
17. For acceptance of nonattest services, including identifying the proper party to oversee nonattest work;
18. For maintaining adequate records, selecting and applying accounting principles, and safeguarding
assets;
19. For informing us of any known or suspected fraud affecting the entity involving management,
employees with significant role in internal control and others where fraud could have a material effect
on compliance;
20. For the accuracy and completeness of all information provided;
21. For taking reasonable measures to safeguard protected personally identifiable and other sensitive
information; and
22. For confirming your understanding of your responsibilities as defined in this letter to us in your
management representation letter.
With regard to the schedule of expenditures of federal awards referred to above, you acknowledge and
understand your responsibility (a) for the preparation of the schedule of expenditures of federal awards in
accordance with the Uniform Guidance, (b) to provide us with the appropriate written representations regarding
the schedule of expenditures of federal awards, (c) to include our report on the schedule of expenditures of
federal awards in any document that contains the schedule of expenditures of federal awards and that indicates
that we have reported on such schedule, and (d) to present the schedule of expenditures of federal awards with
the audited financial statements, or if the schedule will not be presented with the audited financial statements,
to make the audited financial statements readily available to the intended users of the schedule of expenditures
of federal awards no later than the date of issuance by you of the schedule and our report thereon.
With regard to the supplementary information referred to above, you acknowledge and understand your
responsibility (a) for the preparation of the supplementary information in accordance with the applicable
criteria, (b) to provide us with the appropriate written representations regarding supplementary information, (c)
to include our report on the supplementary information in any document that contains the supplementary
information and that indicates that we have reported on such supplementary information, and (d) to present
the supplementary information with the audited financial statements, or if the supplementary information will
not be presented with the audited financial statements, to make the audited financial statements readily
available to the intended users of the supplementary information no later than the date of issuance by you of
the supplementary information and our report thereon.
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As part of our audit process, we will request from management and, when appropriate, those charged with
governance, written confirmation concerning representations made to us in connection with the audit.
We understand that your employees will prepare all confirmations we request and will locate any documents or
invoices selected by us for testing.
If you intend to publish or otherwise reproduce the financial statements and make reference to our firm, you
agree to provide us with printers’ proofs or masters for our review and approval before printing. You also agree
to provide us with a copy of the final reproduced material for our approval before it is distributed.
Nonattest Services
With respect to any nonattest services we perform, we agree to perform the following:
• Prepare or assist with preparing financial statements in conformity with U.S. generally accepted
accounting principles based on information provided by you.
We will not assume management responsibilities on behalf of the City. The City’s management understands and
agrees that any advice or recommendation we may provide in connection with our audit engagement are solely
to assist management in performing its responsibilities.
The City’s management is responsible for (a) making all management decisions and performing all management
functions; (b) assigning a competent individual to oversee the services; (c) evaluating the adequacy of the
services performed; (d) evaluating and accepting responsibility for the results of the services performed; and (e)
establishing and maintaining internal controls, including monitoring ongoing activities.
Our responsibilities and limitations of the nonattest services are as follows:
• We will perform the services in accordance with applicable professional standards.
• The nonattest services are limited to the services previously outlined above. Our firm, in its sole
professional judgment, reserves the right to refuse to do any procedure or take any action that
could be construed as making management decisions or assuming management responsibilities.
Fees and Timing
Paul Kane is the engagement partner for the audit services specified in this letter. Responsibilities include
supervising services performed as part of this engagement and signing or authorizing another qualified firm
representative to sign the audit report. We expect to begin our audit on approximately June 1, 2023.
Our fees are based on the amount of time required at various levels of responsibility, plus actual out-of-pocket
expenses, including administrative charges. Invoices are payable upon presentation. We estimate that our fees
for the audit will be as follows:
June 30, 2023 financial statement audit $82,000
June 30, 2023 AUP $7,000
June 30, 2023 ACFR Prep $31,500
Administrative and out-of-pocket (estimated) $ 5,000
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The financial statement audit fee of $82,000 includes the estimate of our single auditing procedures including
testing of one major program. If additional major programs are identified, the charge will be an additional
$9,500 per program. Invoices are payable upon presentation.
We will notify you immediately of any circumstances we encounter that could significantly affect this initial fee
estimate. Whenever possible, we will attempt to use the City’s personnel to assist in the preparation of
schedules and analyses of accounts. This effort could substantially reduce our time requirements and facilitate
the timely conclusion of the audit. Further, we will be available during the year to consult with you on financial
management and accounting matters of a routine nature.
The ability to perform and complete our engagement consistent with the estimated fee included above depends
upon the quality of your underlying accounting records and the timeliness of your personnel in providing
information and responding to our requests. To assist with this process, we will provide you with a Prepared-by-
Client (PBC) request that identifies the information required to perform our engagement, as well as a planned
timeline for the engagement. A failure to provide this information in an accurate and timely manner may result
in an increase in our fees and/or a delay in the completion of our engagement.
We may be requested to make certain audit documentation available to outside parties, including regulators,
pursuant to authority provided by law or regulation or applicable professional standards. If requested, access to
such audit documentation will be provided under the supervision of Eide Bailly LLP’s personnel. Furthermore,
upon request, we may provide copies of selected audit documentation to the outside party, who may intend, or
decide, to distribute the copies of information contained therein to others, including other governmental
agencies. We will be compensated for any time and expenses, including time and expenses of legal counsel, we
may incur in making such audit documentation available or in conducting or responding to discovery requests or
participating as a witness or otherwise in any legal, regulatory, or other proceedings as a result of our Firm’s
performance of these services. You and your attorney will receive, if lawful, a copy of every subpoena we are
asked to respond to on your behalf and will have the ability to control the extent of the discovery process to
control the costs you may incur.
Should our relationship terminate before our audit procedures are completed and a report issued, you will be
billed for services to the date of termination. All bills are payable upon receipt. A service charge of 1% per
month, which is an annual rate of 12%, will be added to all accounts unpaid 30 days after billing date. If
collection action is necessary, expenses and reasonable attorney’s fees will be added to the amount due.
Other Matters
During the course of the engagement, we will only provide confidential engagement documentation to you via
Eide Bailly’s secure portal or other secure methods, and request that you use the same or similar tools in
providing information to us. Should you choose not to utilize secure communication applications, you
acknowledge that such communication contains a risk of the information being made available to unintended
third parties. Similarly, we may communicate with you or your personnel via e-mail or other electronic methods,
and you acknowledge that communication in those mediums contains a risk of misdirected or intercepted
communications.
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Should you provide us with remote access to your information technology environment, including but not
limited to your financial reporting system, you agree to (1) assign unique usernames and passwords for use by
our personnel in accessing the system and to provide this information in a secure manner; (2) limit access to
“read only” to prevent any unintentional deletion or alteration of your data; (3) limit access to the areas of your
technology environment necessary to perform the procedures agreed upon; and (4) disable all usernames and
passwords provided to us upon the completion of procedures for which access was provided. We agree to only
access your technology environment to the extent necessary to perform the identified procedures.
Regarding the electronic dissemination of audited financial statements, including financial statements published
electronically on your website or elsewhere, you understand that electronic sites are a means to distribute
information and, therefore, we are not required to read the information contained in these sites or to consider
the consistency of other information in the electronic site with the original document.
Professional standards prohibit us from being the sole host and/or the sole storage for your financial and non-
financial data. As such, it is your responsibility to maintain your original data and records and we cannot be
responsible to maintain such original information. By signing this engagement letter, you affirm that you have all
the data and records required to make your books and records complete.
We may use third party service providers and/or affiliated entities (including Eide Bailly Shared Services Private
Limited) (collectively, “service providers”) in order to facilitate delivering our services to you. Our use of service
providers may require access to client information by the service provider. We will take reasonable precautions
to determine that they have the appropriate procedures in place to prevent the unauthorized release of
confidential information to others. We will remain responsible for the confidentiality of client information
accessed by such service provider and any work performed by such service provider.
Neither of us may use or disclose the other’s confidential information for any purpose except as permitted
under this engagement letter or as otherwise necessary for Eide Bailly to provide the services. Your confidential
information is defined as any information you provide to us that is not available to the public. Eide Bailly’s
confidential information includes our audit documentation for this engagement. Our audit documentation shall
at all times remain the property of Eide Bailly LLP. The confidentiality obligations described in this paragraph
shall supersede and replace any and all prior confidentiality and/or nondisclosure agreements (NDAs) between
us.
We agree to retain our audit documentation or work papers for a period of at least eight years from the date of
our report.
Further, we will be available during the year to consult with you on financial management and accounting matters of a
routine nature.
You agree to share all facts that may affect your financial statements, even if you first become aware of those
facts after the date of the auditor’s report but before the date your financial statements are issued.
At the conclusion of our audit engagement, we will communicate to management and the City Commission the
following significant findings from the audit:
• Our view about the qualitative aspects of the entity’s significant accounting practices;
• Significant difficulties, if any, encountered during the audit;
• Uncorrected misstatements, other than those we believe are trivial, if any;
• Disagreements with management, if any;
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• Other findings or issues, if any, arising from the audit that are, in our professional judgment, significant
and relevant to those charged with governance regarding their oversight of the financial reporting
process;
• Material, corrected misstatements that were brought to the attention of management as a result of our
audit procedures;
• Representations we requested from management;
• Management’s consultations with other accountants, if any; and
• Significant issues, if any, arising from the audit that were discussed, or the subject of correspondence,
with management.
Government Auditing Standards require that we provide, upon request, a copy of our most recent external peer
review report and any subsequent review reports to the party contracting for the audit. Accordingly, we will
provide a copy of our most recent peer review report at your request.
Eide Bailly LLP is a member of HLB International, a worldwide organization of accounting firms and business
advisors, ("HLB"). Each member firm of HLB, including Eide Bailly LLP is a separate and independent legal entity
and is not owned or controlled by any other member of HLB. Each member firm of HLB is solely responsible for
its own acts and omissions and no other member assumes any liability for such acts or omissions. Neither Eide
Bailly LLP, nor any of its affiliates, are responsible or liable for any acts or omission of HLB or any other member
firm of HLB and hereby specifically disclaim any and all responsibility, even if Eide Bailly LLP, or any of its
affiliates are aware of such acts or omissions of another member of HLB.
Eide Bailly LLP formed The Eide Bailly Alliance Network, a network for small to mid-sized CPA firms across the
nation. Each member firm of The Eide Bailly Alliance, including Eide Bailly LLP, is a separate and independent
legal entity and is not owned or controlled by any other member of The Eide Bailly Alliance. Each member firm
of The Eide Bailly Alliance is solely responsible for its own acts and omissions and no other member assumes any
liability for such acts or omissions. Neither Eide Bailly LLP, nor any of its affiliates, are responsible or liable for
any acts or omission of The Eide Bailly Alliance or any other member firm of The Eide Bailly Alliance and hereby
specifically disclaim any and all responsibility, even if Eide Bailly LLP, or any of its affiliates are aware of such acts
or omissions of another member of The Eide Bailly Alliance.
MEDIATION
Any disagreement, controversy or claim arising out of or related to any aspect of our services or relationship
with you (hereafter a “Dispute”) shall, as a precondition to litigation in court, first be submitted to mediation. In
mediation, the parties attempt to reach an amicable resolution of the Dispute with the aid of an impartial
mediator. Mediation shall begin by service of a written demand. The mediator will be selected by mutual
agreement. If we cannot agree on a mediator, one shall be appointed by the Montana Eighteenth Judicial
District Court, Gallatin County, Montana. Mediation shall be conducted with the parties in person in Bozeman,
Montana. Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be
shared equally by the parties. Neither party may commence a lawsuit until the mediator declares an impasse.
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LIMITATION OF LIABILITY
Eide Bailly LLP and its partners, affiliates, officers and employees (collectively “Eide Bailly”) shall not be
responsible for any misstatements in your financial statements that we may fail to detect as a result of
misrepresentations or concealment of information by any of your owners, directors, officers or employees.
The exclusive remedy available to you for any alleged loss or damages arising from or related to Eide Bailly’s
services or relationship with you shall be the right to pursue claims for actual damages that are directly caused
by Eide Bailly’s breach of this agreement or Eide Bailly’s violation of applicable professional standards. In no
event shall Eide Bailly’s aggregate liability to you exceed ten times fees paid under this agreement, nor shall Eide
Bailly ever be liable to you for incidental, consequential, punitive or exemplary damages.
Please sign and return the attached copy of this letter to indicate your acknowledgment of, and agreement with,
the arrangements for our audit of the financial statements including our respective responsibilities. We
appreciate the opportunity to be your certified public accountants and look forward to working with you and
your staff.
Respectfully,
__________________________
Paul Kane, CPA
Partner
***************************************************************
RESPONSE:
This letter correctly sets forth our understanding.
Acknowledged and agreed on behalf of City of Bozeman, Montana by:
Name: _______________________________________________________________
Title: ________________________________________________________________
Date: ________________________________________________________________
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Memorandum
REPORT TO:City Commission
FROM:Josh Waldo, Fire Chief
SUBJECT:Ratify the City Manager's Signature on the Fiscal Year 2024 Montana State
University (MSU) Fire Service Agreement
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Ratify the City Manager's Signature on the Fiscal Year 2024 Montana State
University (MSU) Fire Service Agreement
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:Since the mid-1980’s, Montana State University has provided support for
firefighting personnel, operations and maintenance, and small equipment
purchases at Fire Station 2, located at South 19th Ave. This support is in
exchange for fire safety services that benefit MSU, as described in Section 2
of the agreement. This agreement is in accordance with MCA 7-11-101
“Inter-local Cooperation Act”. The agreement is updated annually to reflect
current personnel and operational costs.
UNRESOLVED ISSUES:None at this time
ALTERNATIVES:As suggested by City Commission
FISCAL EFFECTS:The general fund will receive a payment of $273,700.13 from MSU in
November 2023
Attachments:
MSU - City of Bozeman Fire Dept Agreement FY 24.pdf
Report compiled on: June 27, 2023
39
DocuSign Envelope ID: 351D3F23-69E1-472B-90FA-054D5414108440204
DocuSign Envelope ID: 351D3F23-69E1-472B-90FA-054D5414108441205
DocuSign Envelope ID: 351D3F23-69E1-472B-90FA-054D541410846/27/2023 | 8:15 AM MDT6/28/2023 | 9:09 PM MDT6/29/2023 | 9:52 PM MDT6/30/2023 | 8:10 AM MDT42206
DocuSign Envelope ID: 351D3F23-69E1-472B-90FA-054D5414108443207
Memorandum
REPORT TO:City Commission
FROM:Josh Waldo, Fire Chief
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement (PSA)
with Locality Media, dba First Due for Fire Department Records Management
Services
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign professional services agreement (PSA)
with Locality Media, dba First Due, for fire department records management
services.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:The fire department utilizes electronic records management for the
completion and holding of emergency response reports, inspection reports,
inventory records, and other activities that require tracking and record
keeping within the fire department. The current records management
system used by the fire department has been purchased by another vendor
and is being dissolved at the end of 2024. The fire department is beginning
the transition to a new records management system in FY-24 and will
complete the transition in FY-25 to the new system with First Due. This
professional services agreement will start the transition process in 2023,
with all work being completed by the end of 2024.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by City Commission
FISCAL EFFECTS:Cost of this professional services agreement is $12,400
Attachments:
Bozeman Fire Dept MT -Software as a Service Agreement
with First Due.pdf
Exhibit A First Due Agreement for Services PSA.pdf
Exhibit B Cloud Services Questionnaire - First Due
Completed.pdf
Report compiled on: June 10, 2023
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[1]
Software as a Service Agreement
This Software as a Service Agreement (“Agreement”), is made and entered into this _____
day of ____________, 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 Locality Media, Inc. dba First Due, a Delaware corporation having offices at 107 7th
Street, Garden City, NY 11530, 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
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(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 software-as-a-service license described in the Scope
of Services. See attached Exhibit A.
2. Purpose. City agrees to enter into this Agreement with Provider to perform for
the City the Services described in the Scope of Services, incorporated into this Agreement and
attached as Exhibit A.
3. Term and Termination.
a. Term. The term of this Agreement shall be for a period of 12 months with
renewals and extensions pursuant to Exhibit A, Sec. 5.
b. Notice of Non-Renewal. A Party to this Agreement gives the other Party written
notice of non-renewal at least sixty (60) days prior to the expiration of the then-
current term (each a “Renewal Term” and together with the Initial Term, the
“Term”).
c. Termination.
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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, with a sixty (60) day 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. 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. Scope of Services. Provider must perform the work and provide the services in
accordance with the requirements of Exhibit A. For conflicts between this Agreement and
Exhibit A, 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.
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. Unless otherwise agreed upon and detailed in the Scope of Services, 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.
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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
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,
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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 Scope of Services.
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.
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 including but not limited to 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. 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.
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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.
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 gross 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 gross negligent, reckless, or intentional
misconduct of the Provider; or (ii) any gross 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 gross 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.
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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;
• 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 - $1,500,000 per occurrence; $3,000,000 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.
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The City must approve all insurance coverage and endorsements prior to the Provider
commencing work.
10. Audit Right. Upon written request, 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:
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 and the Scope of Services;
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.
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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 as
described in Exhibit A;
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,
Scope of Services, 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 ninety (90) days following termination. In this instance, for up to
ninety (90) days following termination, the City must pay the Provider at its then-current hourly
rate(s).
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 Scope of Services, 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 Scope of Services. 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.
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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-
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
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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..
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
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 three (3) days 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 gross 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
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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 may refund all pre-paid but
unused money for the Services and maintenance as set forth in the Scope of Services. 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 Paragraph 15 does not apply to this indemnification obligation.
25. Remedy for When Services are Subject of a Claim. If any Services furnished are
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 Fire Chief Josh Waldo 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
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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 CEO Andreas Huber 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
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-
58
[14]
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.
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
59
[15]
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 which shall
not be unreasonably withheld. 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.
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.
60
[16]
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.
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 ****
61
[17]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
Effective Date.
Locality Media, Inc. dba First Due
City of Bozeman
By:_______________________________
Name: Andreas Huber
Title: CEO
By:_______________________________
Name: Jeff Mihelich
Title: City Manager
APPROVED AS TO FORM:
By____________________________
Greg Sullivan, Bozeman City Attorney
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Locality Media, Inc. Agreement Feb 2023 Page 1 of 9
AGREEMENT FOR SERVICES
This Agreement for Services (this “Agreement”) dated as of July 1, 2023 (the "Effective Date") is made by and between
Locality Media, Inc dba First Due a Delaware corporation, having offices at 107 7th St, Garden City, NY, 11530 ("Locality
Media") and the Bozeman Fire Department located at 300 E Oak St, Bozeman, MT 59715 (the “Customer”).
1. Locality Media maintains a website through which Customer members may access Locality Media's First Due Size-Up™
Community Connect™, Mobile Responder™ and/or other software-as-a-service platforms and solutions identified in
Exhibit A (collectively, the "Service") in connection with the performance of their Customer duties. Locality Media
agrees to grant the Customer access to the Service pursuant to the terms and conditions set forth below and in Exhibit
A, and the Customer agrees to use the Service only in strict conformity with and subject to such terms and conditions.
2. Locality Media may provide the Customer with one or more user ID’s, initial passwords, digital certificates and/or other
devices (collectively, "Credentials") and/or application programming interfaces ("APIs") to access the Service. The
Customer shall access the Service only by using such Credentials and APIs. The Customer authorizes Locality Media to
act on any instructions Locality Media receives from users of the Service who present valid Credentials
and such individuals shall be deemed authorized to act on behalf of the Customer, including, without limitation, to
change such Credentials. It is the Customer’s sole responsibility to keep all Credentials and other means of access
within the Customer’s direct or indirect possession or control both confidential and secure from unauthorized use. The
Customer understands the utility of the First Due Size Up Service depends on the availability of data and information
relating to Locations and structures in the Customer's jurisdiction, including but not limited to building system and
structural information, building inspection codes and incident report data (collectively, "Location Data"). Locality
Media also may process and furnish through the Service, in addition to Location Data, other data regarding residents
and roadways within the Customer's jurisdiction ("Community Data"). Location Data and Community Data are referred
to collectively herein as "Data". Locality Media may acquire Data from third party public and/or private sources in
Locality Media's discretion. In addition, the Customer will upload to the Service or otherwise provide to Locality Media
in such form and using such methods as Locality Media reasonably may require from time to time, any and all Data
from the Customer's records and systems which the parties mutually designate for inclusion in the Service
database. The Customer agrees not to filter or alter such records except to conform such Data to the formats
reasonably required by Locality Media. Subject to any third-party license restrictions identified expressly in writing by
the Customer, the Customer grants to Locality Media a perpetual, non-exclusive, worldwide, royalty-free right and
license to process, use and disclose the Data furnished to Locality Media by the Customer in connection with the
development, operation, and performance of Locality Media's business, including but not limited to the Service.
3. As between the parties, the Customer and its employees, contractors, members, users, agents, and representatives
(collectively, "Customer Users") are solely responsible for determining whether and how to use Data accessed through
the Service. The Customer acknowledges that Locality Media, through the Service, provides an interface for viewing
Data compiled from the Customer and other sources over which Locality Media has no control and for which Locality
Media assumes no responsibility. Locality Media makes no representations or warranties regarding any Location or
structure (including but not limited to a Location's safety, construction, occupancy, materials, hazards, water supply,
contents, location, surrounding structures, exposures, size, layout, compliance, condition or history) ), residents,
roadways, or any actual or expected outcome from use of the Data, nor does Locality Media make any representation
or warranty regarding the accuracy or reliability of the Data received by Locality Media. Locality Media provides
administrative and information technology services only and does not advise, recommend, or render an opinion with
respect to any information communicated through the Service and shall not be responsible for the Customer's or any
third party's use of any information obtained through the Service.
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Locality Media, Inc. Agreement Feb 2023 Page 2 of 9
4. The Customer shall obtain and maintain, at its own expense, computers, operating systems, Internet browsers, tablets,
phones, telecommunications equipment, third-party application services and other equipment and software
("Equipment") required for the Customer to access and use the Service (the Service being accessible to users through
standard Internet browsers subject to third party network availability and signal strength). Locality Media shall not be
responsible for any problem, error or malfunction relating to the Service resulting from Customer error, data entry
errors or malfeasance by the Customer or any third party, or the performance or failure of Equipment or any
telecommunications service, cellular or wifi network, Internet connection, Internet service provider, or any other third-
party communications provider, or any other failure or problem not attributable to Locality Media ("Technical
Problems").
5. This Agreement will be effective for an initial term of 12 months (the "Initial Term") commencing on the Effective Date.
After the Initial Term, this Agreement will automatically renew for successive terms of 12 months each (a "Renewal
Term"), subject to the right of either party to cancel renewal at any time upon at least 60 days' written notice. Locality
Media reserves the right to increase Customer’s renewal Service fees by no more than 5% per annum, applied to the
Service fees set forth in the previous term.
6. Upon termination, the Customer shall cease use of the Service and all Credentials then in the Customer’s possession or
control. This Section 6 and Sections 8 through 11 and 15 through 25 hereof shall survive any termination or expiration
of this Agreement.
7. The Customer agrees to pay the fees set forth in Exhibit A for use of those Service features described in Exhibit A (as
available as of the Effective Date). Locality Media may charge separately for services offered from time to time that are
not included in the scope of Exhibit A (such as new Service features, systems integration services and applications of
the Service for new purposes), subject to the Customer’s acceptance of the terms of use and fees associated with such
services. The Customer shall be responsible for the payment of all taxes associated with provision and use of the
Service (other than taxes on Locality Media’s income). The Customer represents it has not received and agrees that it
shall not collect any fee, payment, or remuneration of any kind from any Data provider, other municipal agency or
other third party in connection with the Customer's purchase or use of the Service under this Agreement.
8. Locality Media owns and shall retain all right, title, and interest in and to the Service, all components
thereof, including without limitation all related applications, APIs, user interface designs, software and source code
(which shall further include without limitation any and all source code furnished by Locality Media to the Customer in
connection with the delivery or performance of any services hereunder) and any and all future enhancements or
modifications thereto howsoever made and all intellectual property rights therein but not Data furnished by the
Customer. Except as expressly provided in this Agreement or as otherwise authorized in advance in writing by Locality
Media, the Customer and Customer Users shall not copy, distribute, license, reproduce, decompile, disassemble,
reverse engineer, publish, modify, or create derivative works from, the Service; provided, however, that nothing herein
shall restrict the Customer’s use of the Data that the Customer has provided.
9. "Confidential Information" means any and all information disclosed by either party to the other which is marked
"confidential" or "proprietary," including oral information that is designated confidential at the time of
disclosure. Without limiting the foregoing, all information relating to the Service and associated software and the
terms of this Agreement shall be deemed Locality Media's Confidential Information. Notwithstanding the foregoing,
"Confidential Information" does not include any information that the receiving party can demonstrate (i) was known to
it prior to its disclosure hereunder; (ii) is or becomes publicly known through no wrongful act of the receiving party; (iii)
has been rightfully received from a third party authorized to make such disclosure without restriction; (iv) is
independently developed by the receiving party, without the use of any Confidential Information of the other party; (v)
has been approved for release by the disclosing party's prior written authorization; or (vi) is required to be
disclosed by court order or applicable law, provided that the party required to disclose the information provides
prompt advance notice thereof to the other party (except to the extent such notice is prohibited by law). For conflicts
concerning “confidential Information” the Software as a Service Agreement will control.
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Locality Media, Inc. Agreement Feb 2023 Page 3 of 9
10. Each party hereby agrees that it shall not use any Confidential Information belonging to the other party other than
as expressly permitted under the terms of this Agreement or as expressly authorized in writing by the other
party. Each party shall use the same degree of care to protect the other party's Confidential Information as it uses to
protect its own confidential information of like nature, but in no circumstances with less than reasonable care. Neither
party shall disclose the other party's Confidential Information to any person or entity other than its employees, agents
or consultants who need access thereto in order to effect the intent of this Agreement and in each case who have been
advised of the confidentiality provisions of this Agreement, have been instructed to abide by such confidentiality
provisions, entered into written confidentiality agreements consistent with Sections 9-11 or otherwise are bound
under substantially similar confidentiality restrictions.
11. Each party acknowledges and agrees that it has been advised that the use or disclosure of the other's Confidential
Information inconsistent with this Agreement may cause special, unique, unusual, extraordinary, and irreparable harm
to the other party, the extent of which may be difficult to ascertain. Accordingly, each party agrees that, in addition to
any other remedies to which the nonbreaching party may be legally entitled, the nonbreaching party shall have the
right to seek to obtain immediate injunctive relief, without the necessity of posting a bond, in the event of a breach of
Section 9 or 10 by the other party, any of its employees, agents or consultants.
12. LOCALITY MEDIA REPRESENTS AND WARRANTS THAT IT SHALL USE COMMERCIALLY REASONABLE EFFORTS TO
PROVIDE THE SERVICE WITHOUT INTRODUCING ERRORS OR OTHERWISE CORRUPTING DATA AS SUBMITTED BY THE
CUSTOMER. OTHER THAN THE FOREGOING, THE SERVICE, INCLUDING ALL DATA, IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, LOCALITY MEDIA
MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE AT ALL TIMES, NOR
DOES LOCALITY MEDIA WARRANT THAT THE SERVICE WILL REMAIN COMPATIBLE WITH, OR OPERATE WITHOUT
INTERRUPTION ON, ANY EQUIPMENT OF THE CUSTOMER OR CUSTOMER USERS.
13. EXCEPT AS SET FORTH ABOVE IN SECTION 12, LOCALITY MEDIA MAKES AND THE CUSTOMER RECEIVES NO
WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SUBJECT MATTER
HEREOF. LOCALITY MEDIA SPECIFICALLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT
TO THE SUBJECT MATTER HEREOF, INCLUDING WITHOUT LIMITATION THE SERVICE.
14. The Customer represents and warrants that the Customer is authorized and has all rights necessary to enter into this
Agreement, to provide the Data furnished by the Customer to Locality Media, and to use the Service and Data, and
Customer will only use the Service and Data, as permitted under this Agreement and in accordance with the laws,
regulations, and any third-party agreements applicable to the Customer and Customer Users. Without limiting the
generality of the foregoing, Customer shall not cause or permit any Data to be uploaded to the Service or used in
connection with the Service in any manner that would violate any third-party intellectual property rights or license
between Customer and any third party. Customer agrees not to use or permit the use of the Service and Data in
connection with any public or private enterprise other than operation and performance of the Customer's functions
and services. In addition, the Customer and the Customer Users shall not copy, distribute, license, reproduce, publish,
modify, or otherwise use any Personally Identifiable Information (PII) contained within the Data accessed through the
Service for any purpose other than to lawfully carry out the services and duties of the Customer. The Customer shall
remain responsible for the performance, acts and omissions of each Customer User as if such activities had been
performed by the Customer.
15. Locality Media will indemnify, defend and hold harmless the Customer from and against any and all damages, liabilities,
losses, costs and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Losses") resulting
from any third-party claim, suit, action, investigation or proceeding (each, an "Action") brought against the Customer
based on the infringement by Locality Media of any third-party issued patent, copyright or registered trademark,
except to the extent such Action is based on Data furnished from the Customer, the Customer’s breach of any third
party agreement, or any combination or integration of the Service with any Customer- or third-party property, method
or system. For conflicts between this section and the Software as a Service Agreement, the Software as a Service
Agreement controls.
16. Reserved.
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Locality Media, Inc. Agreement Feb 2023 Page 4 of 9
17. Such indemnification under Sections 15 will be provided only on the conditions that: (a) the indemnifying party is
given written notice reasonably promptly after the indemnified party receives notice of such Action; (b) the
indemnifying party has sole control of the defense and all related settlement negotiations, provided any settlement
that would impose any monetary or injunctive obligation upon the indemnified party shall be subject to such party’s
prior written approval; and (c) the indemnified party provides assistance, information and authority as reasonably
required by the indemnifying party.
18. EXCEPT FOR ITS INDEMNIFICATION AND INSURANCE OBLIGATIONS IN SECTION 15 AND THE SOFTWARE AS A SERVICE
AGREEMENT SECTION 9, AND EXCEPT FOR CLAIMS OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD,
LOCALITY MEDIA SHALL NOT BE LIABLE TO THE CUSTOMER OR CUSTOMER USERS FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT. . EXCEPT
FOR ITS INDEMNIFICATION AND INSURANCE OBLIGATIONS IN SECTION 15 AND THE SOFTWARE AS A SERVICE
AGREEMENT SECTION 9, AND EXCEPT FOR CLAIMS OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD,
LOCALITY MEDIA SHALL NOT BE LIABLE TO THE CUSTOMER OR CUSTOMER USERS FOR ANY DAMAGES IN CONNECTION
WITH THIS AGREEMENT IN EXCESS OF $100,000.
19. All notices, requests, demands, or consents under this Agreement must be in writing, and be delivered personally, by
email or facsimile followed by written confirmation, or by internationally recognized courier service to the addresses of
the parties set forth in this Agreement.
20. Except as otherwise provided below, neither party may assign this Agreement or any rights or obligations hereunder
without the prior written consent of the other party. Locality Media may assign this Agreement or any rights or
obligations hereunder to any Locality Media affiliate or in connection with the merger or acquisition of Locality Media
or the sale of all or substantially all of its assets related to this Agreement, without such consent. This Agreement shall
be binding upon and inure to the benefit of the parties, their respective successors and permitted assigns.
21. This Agreement shall be governed by and construed in accordance with the laws of the State of Montana.
22. Any modification, amendment or waiver to this Agreement shall not be effective unless in writing and signed by the
party to be charged. No failure or delay by either party in exercising any right, power, or remedy hereunder shall
operate as a waiver of such right, power, or remedy.
23. The parties are independent contractors with respect to each other, and neither shall be deemed an employee, agent,
partner, or legal representative of the other for any purpose or shall have any authority to create any obligation on
behalf of the other. Neither party intends to grant any third-party beneficiary rights as a result of this Agreement.
24. Any delay in or failure of performance by either party under this Agreement will not be considered a breach and will be
excused to the extent caused by any event beyond the reasonable control of such party including, but not limited to,
acts of God, acts of civil or military authorities, strikes or other labor disputes, fires, interruptions in
telecommunications or Internet or network provider services, power outages, and governmental restrictions.
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Locality Media, Inc. Agreement Feb 2023 Page 5 of 9
25. Agreement Billing Information
a. Accounts Payable Contact
Name:
Email:
Phone:
b. Tax Exempt (Yes/No)
If Yes, please email a copy of the Exempt Certificate to accounting@firstdue.com.
c. Purchase Order Required (Yes/No)
If Yes, return a copy of the Purchase Order with the signed agreement or email a copy to
accounting@firstdue.com.
LOCALITY MEDIA, INC. Bozeman Fire Department
By:
By:
Name: Andreas Huber Name:
Title: CEO Title:
Date: Date:
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Locality Media, Inc. Agreement Feb 2023 Page 6 of 9
Locality Media, Inc. dba First Due
107 Seventh St
Garden City, NY 11530, United States
Phone: +1 (516) 874-2258
Website: https://www.firstdue.com/
Exhibit A - Quote
Prepared By: Justin Kelly
Valid Until: August 31, 2023
Quote Number: 1545132000152697988
BILL TO:
Josh Waldo
Bozeman Fire Department
300 E Oak St Bozeman, MT 59715
Account: Bozeman Fire Department
Subscription Start: July 1, 2023
Initial Term: 12 months
Annual Subscription: $12,400.00
Product Details Total
Occupancy Management & Pre-Incident Planning
Manage Occupancies, Pre-Incident Mapping, GIS data, Fire Systems, Hazardous
Material, and Contacts.
Responder
Web Responder dashboard and Responder iOS/Android App with notifications,
statusing and routing.
Inspections
Field Inspections, Configurable Checklists, Violation Management, Virtual Inspections,
Inspections Scheduler, and Integrated Pre-Incident Planning.
CAD Integration
Automated importing of CAD calls via XML, Database Connector or API.
Brycer Integration
Integration with Brycer
Online Standard Training Package
Includes a one-hour planning session and up to 6 hours of webinar train-the-trainer
sessions
Implementation and Configuration Services
Services related to configuring and customizing the First Due Platform as described in
the Statement of Work.
One-Time Fees Subtotal $ 0.00
Subscription Fees Subtotal $ 12,400.00
Grand Total $ 12,400.00
Statement of Work
Please see attached Statement of Work detailing the Implementation, Training and Support for this
Exhibit A – Quote.
Terms and Conditions
The above-listed Grand Total will be invoiced on or around the Subscription Start date. For subsequent
annual periods, the Service fees are due and payable annually in advance.
Payment Terms: Net 30 days
For electronic ACH payment: JPMorgan Chase Bank | ABA Routing: 021000021 | Account #: 803527972
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Locality Media, Inc. Agreement Feb 2023 Page 7 of 9
Locality Media, Inc. dba First Due
107 Seventh St
Garden City, NY 11530, United States
Phone: +1 (516) 874-2258 Website: https://www.firstdue.com/
Statement of Work
For Quote Number: 1545132000152697988
Statement of Work | Bozeman Fire Department
Introduction
The purpose of this Statement of Work (SoW) document is to clearly define the Implementation, Training
and Support.
1. Implementation:
First Due works very closely with you to ensure the application is ready for go-live. During the Implementation
you will be assigned a Client Success Manager and Implementation Manager who will lead you through the
process. Below is a description of each component of our implementation.
a) Discovery & Planning: During a project kick-off meeting we will flesh out the key components of the
configuration, customer stakeholders and project timelines. After this stage we will have a clear plan to
when and how your agency will be live with First Due.
b) Configuration: First Due is an out-of-the box system but can be configured for your Agency’s needs.
Our team will work with you to configure all the parts of the application necessary for go-live and
beyond. These configuration sessions will generally occur weekly, and act as administrator training.
c) Optimization: Once the account is configured, we will arrange a small end-user testing group to begin
to use the application out-in-the-field. This is an iterative process in which we listen to feedback and
make adjustments to the product on the fly.
d) Training: Once we have sign-off the product is ready for go-live we will build the necessary training plan
together, which may include train-the-trainer sessions, end user training, custom training
videos/content or even onsite sessions. The training section below provides more detail on included
training.
e) Roll Out: After training is complete, we are ready to roll-out the platform. We will work closely with you
to ensure First Due is rolled out effectively across your agency.
f) Support: Once we achieve sign-off that the system is live and stable, we will transition to support (as
described in the support section below). However, you will continue to have a dedicated Client
Success Manager moving forward.
2. Training:
Training is an integral part of any successful implementation. First Due is focused on providing your agency
adequate training to ensure effective user adoption of the platform. As part of this Statement of Work, the
customer will receive the purchased training as outlined in Exhibit A - Quote throughout the implementation
process as outlined:
1. Webinar Administrator training during configuration sessions
2. Webinar formal Train-the-Trainer and/or End User Session(s) during the training phase
3. Access to online training videos, documents, content, and interactive knowledgebase
3. Integrations:
Any scoped integrations included in this document will be described below. Any additional
integration scoped at a later date will be provided in a separate SoW at that time.
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Locality Media, Inc. Agreement Feb 2023 Page 8 of 9
4. Data Migration:
First Due understands the importance of data migration to our customers and has extensive experience
working to migrate historical records into the platform. First Due will use best efforts to migrate applicable data
from Customer’s existing systems utilizing data migration best practices. This includes:
1. Data Migration Planning Session
2. Assistance/Guidance in extracting data from existing system/s
3. Mapping extracted data to First Due import workbooks
4. Importing of Data into First Due
5. Support:
First Due provides Support as part of the base subscription. This includes:
1. Email, Phone, Ticketing System Support Channels and Live Chat
2. Dedicated Client Success Manager
3. Access to knowledge base including online training videos and FAQs
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Locality Media, Inc. Agreement Feb 2023 Page 9 of 9
71
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?
First Due Response: Locality Media Inc (First Due) will provide the service on a 24X7X365 basis with an uptime
guarantee of 99.9% availability excluding scheduled maintenance. Locality Media will respond to Customer and
provide Initial Responses, Temporary Resolutions and Final Resolutions in accordance with the time
requirements set forth in the table below.
Severity Level: Vendor’s Initial
Response will be
provided within:
Vendor’s Temporary
Resolution will be
provided within:
Vendor’s Final
Resolution will be
provided within:
1: Mission Critical – Software is
down /undiagnosed but feared
critical; situation may require a
restore and Software use is
suspended until a diagnosis is
given
60 minutes from receipt
of initial notice from the
Customer, or discovery,
of the error
24 hours from receipt of
initial notice from the
Customer, or discovery,
of the error
2 days from receipt of
initial notice from the
Customer, or error
discovery
2: Critical Issue – Software is not
down, but operations are
negatively impacted
60 minutes from receipt
of initial notice from the
Customer, or discovery,
of the error
24 hours from receipt of
initial notice from the
Customer, or discovery,
of the error
2 days from receipt of
initial notice from the
Customer, or error
discovery
3: Non-Critical Issue – resolution
period to be mutually agreed
upon
4 hours from receipt of
initial notice from the
Customer, or discovery,
of the error
3 days from receipt of
initial notice from the
Customer, or discovery,
of the error
15 days from receipt
of initial notice from
the Customer, or error
discovery
We have above industry standard up time with enterprise best practice and do not offer service credits.
2) Data Ownership: Who owns the data we provide and what can be done with the data?
First Due Response: Customer shall own all Customer data and upon termination or written request, Locality
Media shall provide Customer data to Customer. Locality Media shall not sell Customer Data.
3) ADA Compliance: If your proposed services include websites, they must be AA compliant as defined by WCAG
(Web Content Accessibility Guidelines) standards.
First Due Response: Our platform is not currently ADA compliant, but we are moving towards ADA Compliance.
We anticipate we can meet any ADA compliance requirements you have as part of an implementation.
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?
b. If PII is gathered, is it encrypted in transit and at rest?
c. If credit card transactions are occurring is your system fully PCI compliant?
First Due Response: First Due is a multi-tenant, cloud-based platform, accessed via secure login. Customer data
is segregated at the database level and requires login to access. All data gathered, especially PII data (for
example, ePCR related data), is protected in transit and at rest. In transit, data has a minimum of TLS 1.1
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protection. At rest, it is AES-256 protected. First Due is not a billing platform and does not have a billing module.
However, we are happy to integrate with your preferred billing platform. Our system can fully integrate with
several providers and meet PCI compliance requirements.
5) Data Integrity: What do you do as a vendor to ensure our data maintains its integrity?
First Due Response: First Due only stores complete data. In the event of an incident, the user will receive an
error message and data will be resent.
6) We require data centers to be located in the United States: What country will our data be located in?
First Due Response: Yes. First Due uses AWS to house its data. All data centers we use are in the United States.
7) Responding to legal demands to disclose data: What is your process when someone subpoenas or requests our
data from you as a vendor?
First Due Response: All data can be exported and provided upon request. Should someone request this data,
either as a customer or via legal action, First Due will review the request and required data, and provide it via
CSV or ODBC file (as an example).
8) Reporting: What is your protocol for data breaches?
First Due Response: First Due has extensive documentation in place for both Physical and Digital Security. First
Due also uses intruder.io to scan for vulnerabilities, as well as monitor CVE databases for potential new
vulnerabilities. All critical vulnerabilities are resolved within 24 hours of being identified and non-critical
vulnerabilities are remediated within 30 days of discovery.
In the event of a breach, we notify customers that are impacted and immediately begin procedures to assess the
extent of the breach, and how it happened. Once it has been isolated and contained, we will retain an outside
team to investigate the incident.
9) Disaster Recovery: What protections/protocols do you have in place to mitigate disasters?
First Due Response: First Due has Disaster Recovery and Business Continuity policies in place. These policies
outline the guidelines and procedures to follow. These policies ensure we have critical data backups available,
that we work with AWS to ensure we have additional regions and servers available as necessary, and work
directly with our customers to provide data and information as quickly and efficiently as possible.
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?
First Due Response: Upon conclusion of a contract, all data is returned to the customer. It will be returned in the
form of CSV or excel files. First Due will provide any necessary assistance to get this data to you.
11) Termination rights and consequences: What is your termination policy both for you as a vendor and us as a
customer?
First Due Response: As noted in First Due’s Agreement for Services under Section 5:
“This Agreement will be effective for an initial term of 12 months (the "Initial Term") commencing on the
Effective Date. After the Initial Term, this Agreement will automatically renew for successive terms of 12
months each (a "Renewal Term"), subject to the right of either party to cancel renewal at any time upon at least
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60 days' written notice. Either party also may terminate this Agreement immediately upon written notice if the
other party: (i) becomes insolvent; (ii) becomes the subject of a petition in bankruptcy which is not withdrawn or
dismissed within 60 days thereafter; (iii) makes an assignment for the benefit of creditors; or (iv) materially
breaches its obligations under this Agreement and fails to cure such breach within 30 days after the non-
breaching party provides written notice thereof.”
Questionnaire Completed by: Justin Kelly & Ryan Singelyn Date: 04/27/2023
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Memorandum
REPORT TO:City Commission
FROM:Josh Waldo, Fire Chief
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement
(PSA)with Center for Public Safety Excellence (CPSE) for Technical Advisory
Program (TAP) Services with Fire & Emergency Services Self-Assessment
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Agreement - Legal
RECOMMENDATION:Authorize the City Manager to sign professional services agreement with the
Center for Public Safety Excellence (CPSE) for technical advisory program
services for Fire & Emergency Services Self-Assessment.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:The fire department continues it's work toward achieving third party
international accreditation. The fire department completed step 2 in the
process in FY-23 with the completion of their community risk assessment /
standards of cover (CRA/SOC). The next step in the accreditation process is
to complete a self-assessment of the fire department and this professional
services agreement will provide technical assistance in the self-assessment
process from the Center for Public Safety Excellence.
UNRESOLVED ISSUES:None at this time
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:Total cost of services is $43,224
Attachments:
PSA with CPSE for technical assistance with self-
assessment.pdf
Bozeman, MT - CPSE SAM with Site Study Proposal -
6.7.23.pdf
Bozeman, MT - CPSE SAM w. SS - Statement of Work -
6.7.23.pdf
Report compiled on: June 10, 2023
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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 , 202_, 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.
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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.
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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.
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,
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recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
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
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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:
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.
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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 Convenience:
a. Should conditions arise which, in the opinion and discretion of the City or the
Contractor, make it advisable to the other party to cease performance under this Agreement,
either party may terminate this Agreement by written notice to the other party (“Notice of
Termination for Convenience”) with 30 days notice. The termination shall be effective in the
manner specified in the Notice of Termination for Convenience and shall be without prejudice
to any claims that one party may otherwise have against the other.
b. Upon receipt of the Notice of Termination for Convenience, unless otherwise
directed in the Notice, the other party 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 both parties. Parties 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 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,
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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 the Fire Chief 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 Brian Dean or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
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12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
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
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and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
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21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
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
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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 June 30, 2023.
32. Force Majeure: Neither party shall not be held responsible for delay or failure to
perform its obligations under this Agreement when such delay in or failure to perform is solely
caused by or results from events or circumstances beyond the Party’s reasonable control, including
but not limited to fire, floods, earthquakes, riot, acts of God or war, civil unrest, major weather
event (e.g., tornado, blizzard, etc.), epidemics, pandemics or outbreak of communicable disease, and
quarantines. Notwithstanding the above, the Parties agree to use reasonable commercial efforts to
avoid or mitigate the causes to minimize the delay or failure to perform and resume work when the
cause is mitigated. The Parties must provide the other with prompt written notice of any delay or
failure to perform that occurs by reason of force majeure. In addition, the Party seeking relief under
this Section must use all commercially reasonable efforts to complete the work. If unable to avoid,
mitigate, or remedy the cause, and if the Party requesting relief under this section desires to
terminate its performance, that Party must notify the other in writing no earlier than 30 (thirty) days
of the Party’s intent to end the work, Nothing herein obviates the non-terminating Party from
seeking reimbursement for costs or expenses from the terminating Party related to this Agreement.
**** 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 CENTER FOR PUBLIC SAFETY EXCELLENCE
By
Jeff Mihelich, City Manager
By
Print Name:
Print Title:
86
Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program
Page 12 of 12
APPROVED AS TO FORM:
By
Greg Sullivan, Bozeman City Attorney
87
info@cpse.org – 703-691-4620 – www.cpse.org
Self-Assessment Manual Facilitation with
Site Study Proposal
To
Bozeman Fire Department
34 North Rouse Avenue
Bozeman, Montana 59771
Josh Waldo, CFO
Fire Chief
June 7, 2023
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CONTENTS
THE CPSE DIFFERENCE ........................................................................................................................ 3
SCOPE ......................................................................................................................................................... 3
PROJECT FRAMEWORK ........................................................................................................................ 5
PROJECT TIMELINE .............................................................................................................................. 6
DELIVERABLES ........................................................................................................................................ 7
CPSE RESOURCES .................................................................................................................................... 7
ESTIMATED FEES AND EXPENSES ..................................................................................................... 7
ASSUMPTIONS ..................................................................................... Error! Bookmark not defined.
INQUIRIES ................................................................................................................................................. 8
SAMPLE STATEMENT OF WORK ....................................................................................................... 9
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THE CPSE DIFFERENCE
The mission of the Center for Public Safety Excellence® is: “To lead the fire and emergency service to
excellence through the continuous quality improvement process of accreditation, credentialing, and
education.”
By teaching, coaching, guiding, and advising, CPSE®’s Technical
Advisor Program® (TAP®) strives to provide agencies the tools to
internalize continuous quality improvement and thereby achieve
excellence.
TAP places great importance on thorough preparation for each project including:
• A clear understanding of the agency’s background, goals and objectives, and the complex issues they
are facing,
• A work plan that is comprehensive, well designed,
• Sufficient resources and a commitment to successfully complete the project within the desired time
frame at a reasonable cost, and
• Assignment of expert resources in project management and technical support to guide an agency as
they work towards accreditation.
It has been TAP’s experience that the most successful self-assessment efforts have involved members from
all ranks and positions within a fire service agency. CPSE’s self-assessment model’s process focuses on
identifying systems and resources available to provide emergency service, measuring the effectiveness of
each service delivery program, and developing plans for continuous improvement.
BENEFITS OF SELF-ASSESSMENT
Fire and emergency services agencies find themselves living in a world between public service and private
demand. With common goals of reducing property and life loss and promoting employee safety, the agency
has to make choices. Before making choices, however, the agency must know its current status….that’s
where the self-assessment provides value.
Self-assessment is an excellent way of coping with the rise of performance-based budgeting. This type of
budgeting requires measuring, benchmarking and analysis, all of which are encompassed within the self-
assessment process. Government accountability has also been an emerging trend for the last few decades.
Self-assessment provides a reliable response to increased oversight by managers and elected officials and
potential criticism from the community.
Perhaps the greatest benefit to accreditation is the self-assessment process. The willingness of those most
familiar with the internal operations of an agency to identify strengths and weakness is often a game
changer. By shifting the focus of assessing the department from an inventory-based system (e.g. number of
staff, number of vehicles, or number of inspections conducted) to an organizational performance-based
system (e.g. staff training levels, vehicle conditions, or resolution of issues identified during inspections),
Give a man a fish and you feed him for
a day. Teach a man to fish and you
feed him for a lifetime.
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the agency begins to focus on outcomes rather than outputs. The ability for an agency to tell its story using
empirical-based data rather than anecdotes is vital during budget requests and in anticipating and coping
with change.
Noted below are the benefits of conducting a self-assessment:
• Raises the profile through the promotion of excellence
• Encourages quality improvement
• Ensures the agency has a defined mission and related objectives
• Identifies areas of strengths and weaknesses
• Allows for the establishment of a plan for improvement
• Communicates management and leadership philosophies
• Facilitates input from and builds positive relationships with labor
• Encourages the development of organizational procedural documents
SCOPE
Most fire service agencies desire a process that allows them to identify exactly how well they are able to meet
the community’s needs and expectations for emergency services delivery; however, some fire service
agencies lack the dedicated resources, understanding, and/or clear direction toward accomplishing this
goal.
The Self-Assessment Document Facilitation process typically takes six - eight months and includes:
• Customized writing instruction for all agency writers and complete orientation in the CFAI
accreditation process, and
• A critical review of all agency writing through shared website and web-based meetings.
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Expected outcomes include a Self-Assessment Document that will provide a description, appraisal, and plan
with references as required by the 10th Edition CFAI accreditation model, as contained in the Quality
Improvement for Fire and Emergency Services. Eleven categories represent the CFAI model:
1. Governance and Administration
2. Assessment and Planning
3. Goals and Objectives
4. Financial Resources
5. Community Risk Reduction Program
6. Physical Resources
7. Human Resources
8. Training and Competency
9. Essential Resources
10. External Systems Relationships
11. Health and Safety
PROJECT FRAMEWORK
The process of conducting a self-assessment is systematic, but also requires an understanding of the various
components that drive a modern fire service agency. While no one person is likely to be an expert in all of
the components assessed, each agency has members with specialized knowledge or who possess specific
skills to research the information needed. The key to self-assessment is going through the process with the
understanding that success is based on the ability to conduct an honest and forthright evaluation of what
an agency is doing in comparison to the stated standards in the accreditation model.
Those conducting a self-assessment must commit to truly assessing what is going on within the agency,
even if the assessment reveals that the agency is not doing things as well as once thought. This honest and
forthright evaluation is what helps agencies improve and ultimately deliver a higher-quality service to their
community and making the industry better. An agency must consider and commit to this when
approaching the self-assessment process.
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The chart below illustrates the general flow of events for a comprehensive self-assessment:
PROJECT TIMELINE
There will be three primary stages to this project. Once this proposal is accepted, a detailed Statement of
Work (SOW) will be built that addresses the details for these stages, their timing, and the roles that CPSE
and the agency will play in their completion. A sample SOW is provided at the end of this proposal. Once a
signed professional services agreement (PSA) and a finalized SOW is received, CPSE can begin work on this
project within 30 days and complete the project within 6 - 8 months.
1. Project Executive Orientation
2. CFAI Accreditation Model and Self-Assessment Instruction
3. Self-Assessment Document Preparation, Review, and Finalization
4. Site study (simulated CFAI accreditation on-site assessment) with report
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DELIVERABLES
CPSE is responsible for the following deliverables:
1. Statement of work with project objectives and agreed upon timelines and fee schedule;
2. Shared web site construction and training for CPSE and agency use;
3. All necessary CFAI Model document set-up for agency use;
4. Twelve hours of on-site facilitative activity to include:
a. One (1) CPSE technical advisor instructional delivery and writing activity work sessions on
the CFAI Model requirements of self-assessment
5. CPSE subject matter expert feedback on all draft category documents; and
6. Facilitation of up to eleven (11) 60-minute CPSE facilitator/agency web meetings for draft document
review and/or discussion, as requested by the agency.
7. Three-day self-assessment site study with a minimum of three TAP advisors.
8. One (1) digital copy of the self-assessment site study report to use as a guide as the agency considers
its readiness for CFAI Candidate Agency status.
CPSE Resources
CPSE’s Technical Advisor Program Manager oversees every project to ensure that the end result of each
project is a satisfied client whose expectations are fully met. Guiding publications and instructional
workbooks will be provided for the agency’s accreditation team.
Estimated Fees and Expenses
CPSE has estimated the following fees and expenses for this project:
The proposed cost for CPSE to facilitate the development of the Bozeman Fire Department’s Self-
Assessment Manual with Site Study is $45.500.00. As the Bozeman Fire Department utilized CPSE to
facilitate its community risk assessment/standards of cover, CPSE is providing a proposal quote of
$43,224.00.
This proposed cost includes all technical advisor time and travel expenses to facilitate the Self-Assessment
Document facilitation process. The facilitation process events will be scheduled according to the agreed
upon statement of work (SOW). Any additional travel requested and approved by the Bozeman Fire
Department will be billed by CPSE at actual cost and is above and beyond the proposed cost above.
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Assumptions
• The Bozeman Fire Department is a municipal fire service organization that protects the residents,
businesses, and visitors of the City of Bozeman, Montana.
• Josh Waldo, Fire Chief is the key contact for this project.
• Please provide any specific procurement requirements to CPSE prior to the issue of a professional
services agreement for this project work.
• The purpose of CPSE’s Technical Advisor Program (TAP) is to coach, mentor, guide, and assist fire
service agencies. Agency representatives will play an active role in developing their self-assessment
document.
• This proposal is valid for a period of sixty (60) days.
• CPSE and the Bozeman Fire Department will execute a professional services agreement prior to the
start of this project.
• CPSE and the Bozeman Fire Department will execute a statement of work governed by the
professional services agreement prior to the start of this project that will be the sole document to
govern the scope, methods, terms, and deliverables of this project.
INQUIRIES
Please contact CPSE with any inquiries regarding this proposal:
Brian R Dean, MS, CFO, EFO
Technical Advisor Program Manager
Office: (703) 691-4620
Direct: (703) 219-8166
Email: bdean@cpse.org
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SAMPLE STATEMENT OF WORK
Contract Price: $43.224.00
Project Steps Step Details Step Timing Step
Responsibility
Step
Billing
1. Project
Acceptance
• Finalized statement of work
• Signed professional services agreement
• Construction of updated shared web site
By TBD
CPSE and
Bozeman Fire
Department
(1/12 of
Contract
Price)
2. Project Executive
Orientation
• Discussion of final SOW and identification
of resources need for each step
• Overview of the shared web site
By TBD CPSE N/A
3. Self-Assessment
Writing Team
Instruction
• Instruction of the CFAI Model
competencies and writing requirements
for agency Self-Assessment Manual
TBD and TBD CPSE
(3/12 of
Contract
Price)
4. Upload of SAM
Categories 1,3,
and 4
• Agency upload of Category 1 Draft
• Agency upload of Category 3 Draft
• Agency upload of Category 4 Draft
By TBD Bozeman Fire
Department N/A
5. Technical Review
of Categories 1, 3,
and 4
• Technical Advisor review and comment on
Categories 1, 3, and 4 By TBD CPSE N/A
6. Upload of SAM
Categories 9, 10,
and 11
• Agency upload of Category 9 Draft
• Agency upload of Category 10 Draft
• Agency upload of Category 11 Draft
By TBD Bozeman Fire
Department N/A
7. Technical Review
of Categories 9,
10, and 11
• Technical Advisor review and comment on
Categories 9, 10 and 11 By TBD CPSE
(2/12 of
Contract
Price)
8. Upload of SAM
Categories 6, 7,
and 8
• Agency upload of Category 6 Draft
• Agency upload of Category 7 Draft
• Agency upload of Category 8 Draft
By TBD Bozeman Fire
Department N/A
9. Technical Review
of Categories 6, 7,
and 8
• Technical Advisor review and comment on
Categories 6, 7, and 8 By TBD CPSE N/A
10. Upload of SAM
Categories 2 and 5
• Agency upload of Category 2 Draft
• Agency upload of Category 5 Draft; Criteria
A, B, C, D, E, F, G, H, I, (J, K, L, if applicable)
By TBD Bozeman Fire
Department N/A
11. Technical Review
of Categories 2
and 5
• Technical Advisor review and comment on
Category 2, and the Criteria of Category 5 By TBD CPSE
(2/12 of
Contract
Price)
12. Final SAM Web
Meeting
(optional)
• Final technical advisor review and wrap up
of SAM categories and criteria
• CPSE & agency exhibit preparation and site
study discussion
By TBD
CPSE and
Bozeman Fire
Department
N/A
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13. Self-Assessment
Site Study
• Site work activity by 3 technical advisors to
evaluate the agency’s CFAI model work
TBD through TBD CPSE
(4/12 of
Contract
Price)
14. Self-Assessment
Site Study Report
• Technical advisor report and
recommendations for agency to consider
before becoming a CFAI candidate agency
By TBD CPSE N/A
97
Appendix A: Self-Assessment Manual Facilitation with Site Study
June 7, 2023
Contract Price: $43,224.00
Project Steps Step Details Step Timing Step
Responsibility Step Billing
1. Project
Acceptance
• Finalized statement of work
• Signed professional services agreement
• Construction of updated shared web site
By Friday, August 4,
2023
CPSE and
Bozeman Fire
Department
$3,602.00
2. Project Executive
Orientation
• Discussion of final SOW and identification
of resources need for each step
• Overview of the shared web site
By Friday,
September 8, 2023 CPSE N/A
3. Self-Assessment
Writing Team
Instruction
• Instruction of the CFAI Model
competencies and writing requirements
for agency Self-Assessment Manual
Tuesday, October 3,
2023 and
Wednesday,
October 4, 2023
CPSE $10,806.00
4. Upload of SAM
Categories 1,3,
and 4
• Agency upload of Category 1 Draft
• Agency upload of Category 3 Draft
• Agency upload of Category 4 Draft
By Friday,
November 17, 2023
Bozeman Fire
Department N/A
5. Technical Review
of Categories 1, 3,
and 4
• Technical Advisor review and comment on
Categories 1, 3, and 4
By Friday,
December 1, 2023 CPSE N/A
6. Upload of SAM
Categories 9, 10,
and 11
• Agency upload of Category 9 Draft
• Agency upload of Category 10 Draft
• Agency upload of Category 11 Draft
By Friday, January
5, 2024
Bozeman Fire
Department N/A
7. Technical Review
of Categories 9,
10, and 11
• Technical Advisor review and comment on
Categories 9, 10 and 11
By Friday, January
12, 2024 CPSE $7,204.00
8. Upload of SAM
Categories 6, 7,
and 8
• Agency upload of Category 6 Draft
• Agency upload of Category 7 Draft
• Agency upload of Category 8 Draft
By Friday, February
9, 2024
Bozeman Fire
Department N/A
9. Technical Review
of Categories 6, 7,
and 8
• Technical Advisor review and comment on
Categories 6, 7, and 8
By Friday, February
16, 2024 CPSE N/A
10. Upload of SAM
Categories 2 and 5
• Agency upload of Category 2 Draft
• Agency upload of Category 5 Draft; Criteria
A, B, C, D, E, F, G, H, I, (J, K, L, if applicable)
By Friday, March
15, 2024
Bozeman Fire
Department N/A
11. Technical Review
of Categories 2
and 5
• Technical Advisor review and comment on
Category 2, and the Criteria of Category 5
By Friday, March
22, 2024 CPSE $7,204.00
12. Final SAM Web
Meeting
(optional)
• Final technical advisor review and wrap up
of SAM categories and criteria
• CPSE & agency exhibit preparation and site
study discussion
By Friday, March
29, 2024
CPSE and
Bozeman Fire
Department
N/A
98
Appendix A: Self-Assessment Manual Facilitation with Site Study
June 7, 2023
13. Self-Assessment
Site Study • Site work activity by 3 technical advisors to evaluate the agency’s CFAI model work
Monday, April 15,
2024 through
Wednesday, April
17, 2024
CPSE $14,408.00
14. Self-Assessment
Site Study Report
• Technical advisor report and
recommendations for agency to consider
before becoming a CFAI candidate agency
By Wednesday,
April 26, 2023 CPSE N/A
Acceptance:
City of Bozeman, Montana Initials of Authorized Party: ____________________________
Center for Public Safety Excellence (CPSE) Initials of Authorized Party: Debbie Sobotka, COO
99
Memorandum
REPORT TO:City Commission
FROM:Cassandra Tozer, Human Resources Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Think 2 Perform
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with
Think 2 Perform to provide employee coaching.
STRATEGIC PLAN:7.2 Employee Excellence: Recruit, retain and value a diverse, well-trained,
qualified and motivated team capable of delivering superior performance.
Be accountable and expect accountability from others. Make demonstrated
use of good judgement a part of the evaluation process for promotions.
BACKGROUND:The City is engaging a third party consultant to provide executive-level
coaching and development to City staff.
UNRESOLVED ISSUES:None.
ALTERNATIVES:N/A
FISCAL EFFECTS:Total cost of services is $7,500, which can be absorbed in the FY24 budget.
Attachments:
PSA - Think2Perform.pdf
Report compiled on: June 26, 2023
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 19th day of May, 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, Dave Meldhal, Think 2 Perform, 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 employee coaching and provide the
services in accordance with the requirements of the Scope of Services. The final scope of services is
located with the Human Resources Department. 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
(Option1: $7,500). 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.
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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
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
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Professional Services Agreement for Think 2 Perform Page 3 of 11
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
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]
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Professional Services Agreement for Think 2 Perform Page 4 of 11
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
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:
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Professional Services Agreement for Think 2 Perform Page 5 of 11
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.
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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 Cassandra Tozer, Human Resources 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 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 Dave Meldhal, Senior Vice President, 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
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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.
If Contractor’s Scope of Services includes the production of digital content or documents for
the City, Contractor must use both the City style guide when creating a design, and as per
recommendations found in Section 508 of the Rehabilitation Act, the content must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG).
The City will not accept digital content that does not comply with WCAG A and AA
guidelines. If the City refuses digital content because it is non-compliant with the City style guide,
Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City.
15. 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,
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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.
16. 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.
17. 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.
18. 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
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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.
19. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
20. 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.
21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22. 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.
23. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. 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.
25. Severability: If any portion of this Agreement is held to be void or unenforceable, the
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APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Cody Flammond, Engineer II
Shawn Kohtz, City Engineer
Nick Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign the Attached Task Order for Fiscal Year
2024 Remediation Systems Oversight at the Story Mill Landfill
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign the Attached Task Order for Fiscal Year
2024 Remediation Systems Oversight at the Story Mill Landfill.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The purpose of this task order is to allow Tetra Tech to continue oversight of
operation, monitoring, and maintenance of the remediation systems at the
Bozeman Landfill. This task order will be implemented under the
Professional Services Agreement.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The cost of this work will be $108,200.00. This work will be paid for using
funds in the Solid Waste Landfill Post-Closure budget for Consultants and
Professional Services (641-5910-448.50-10) contingent upon the City
Commission approving the Fiscal Year 2024 Budget. This fund has a proposed
budget of $280,000.
Attachments:
BLF 2023-2024 Remediation Systems Oversight Task Order
Report compiled on: June 16, 2023
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Tetra Tech
851 Bridger Drive, Suite 6; Bozeman, MT 59715
Tel 406.582.8780 Fax 406.582.8790 tetratech.com
TASK ORDER
2023-2024 REMEDIATION SYSTEMS OPERATION AND MAINTENANCE BOZEMAN LANDFILL June 15, 2023
CLIENT: CONSULTANT: The City of Bozeman Tetra Tech, Inc. P.O. Box 1230 851 Bridger Drive, Ste 6
Bozeman, Montana 59711-1230 Bozeman, MT 59718 Attention: Mr. Cody Flammond Attention: Larry Cawlfield INTRODUCTION
The purpose of this task order is to conduct the oversight of operation and maintenance (O&M) of the landfill gas extraction system (LFGES) and remediation systems at the Bozeman Landfill for FY 2023-2024, and to conduct design or oversight for new construction projects related to the Remediation System. The Scope of Work for operation and maintenance of the remediation system follows work activities from previous years with minor modifications. You may notice that tasks previously performed related to the leachate tracking and monitoring at the leachate UST are no longer
included due to the recent addition of the drain line bypassing the UST. This task order includes the following work activities:
• Task 100 – LFG Extraction System Operation & Monitoring
• Task 200 – SVE and AI System Operation & Monitoring
• Task 300 – Database Entry and Management
• Task 400 – Project Management and Reporting SCOPE OF WORK Tetra Tech’s proposed scope of work is summarized in the following tasks: Task 100 LFG Extraction System Operation & Monitoring Tetra Tech will conduct monthly monitoring and adjustment of individual LFG extraction wells, leachate pumps, and flare/compressor system. In addition, there will be regular service events for the flare/compressor system. These service events will consist of inspection of the compressor and compressor filter replacement, flare components inspection and testing, blower re-greasing, and related activities. Also included in this task, Tetra Tech will conduct monitoring, sampling, and reporting activities of the chemical characteristics of the outflow from the lined
and unlined cells. We have included costs for LFG equipment replacement in the amount of $13,000 in this task.
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Task Order – 2023-2024 Remediation Systems Oversight Bozeman Landfill, Bozeman, Montana June 15, 2023
Page 2 of 3
TETRA TECH
Task 200 SVE and AI Systems Operation & Monitoring Tetra Tech will conduct monthly monitoring and adjustment of individual SVE and AI wells. The SVE and AI wellheads (within the bolt-down steel manhole covers) will be visually inspected
every six months to ensure air-tight fittings and valves. Any recommendations for modification to the operation of the AI wells will be submitted to the City. We have included costs for SVE equipment replacement in the amount of $6,000 in this task.
Task 300 Database Entry and Management Information collected during monitoring and adjustment activities will be placed into a project database. This database will be maintained and updated following every monitoring event and will be used to evaluate operations and effectiveness of the systems. Task 400 Project Management and Reporting
Project management will include, scheduling of personnel, monitoring equipment/meters, and activities; communication with City of Bozeman and DEQ; data management; and invoicing. Reporting will consist of a brief summary of system operation and monitoring provided to City of Bozeman on a monthly basis. PERIOD OF PERFORMANCE AND COSTS
This task order will be applicable from July 1, 2023 through June 30, 2024. Estimated costs to complete the scope of work are shown below:
TASK Estimated Costs Task 100 LFG Extraction System Operation & Monitoring $ 50,600
Task 200 SVE and AI Systems Operation & Monitoring $ 24,600
Task 300 Database Entry and Management $ 16,900
Task 400 Project Management and Reporting $ 16,100
TOTAL $108,200
Our costs will be invoiced on a time and materials basis. A detailed cost estimate can be provided upon request.
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Task Order – 2023-2024 Remediation Systems Oversight Bozeman Landfill, Bozeman, Montana June 15, 2023
Page 3 of 3
TETRA TECH
SPECIAL CONDITIONS: Execution of this Task Order constitutes acceptance of all terms and conditions contained in Tetra Tech’s Professional Services Agreement with the City of Bozeman, dated April 15, 2014. CLIENT: CONSULTANT:
City of Bozeman Tetra Tech By: By: Printed Name: Printed Name: Larry Cawlfield Its: Its: Project Manager
Date: Date: June 15, 2023
NOTICE OF CONFIDENTIALITY This Task Order (including attachments) contains information confidential to Tetra Tech, Inc., its subsidiaries, and subcontractors. It is intended only for City of Bozeman to consider Tetra Tech providing professional services at the Bozeman Landfill. Any other use is prohibited, without the prior written consent
of Tetra Tech.
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Memorandum
REPORT TO:City Commission
FROM:Cody Flammond, Engineer II
Shawn Kohtz, City Engineer
Nick Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign the Attached Task Order for Fiscal Year
2024 Groundwater and Perimeter Methane Monitoring at the Story Mill
Landfill
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign the Attached Task Order for Fiscal Year
2024 Groundwater and Perimeter Methane Monitoring at the Story Mill
Landfill.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The purpose of this task order is to continue semi-annual groundwater
monitoring and monthly perimeter methane monitoring through June 2024
and to evaluate performance of the remediation systems and their effect on
adjacent groundwater quality. The purpose of the semi-annual groundwater
monitoring and monthly perimeter methane monitoring activities is to
maintain regulatory compliance. The purpose of the evaluation of the
remediation systems is to document performance and effectiveness of the
Air Sparging and Soil Vapor Extraction systems. This task order also includes
design, bidding, and oversight for the installation of additional soil vapor
extraction wells along the southern and eastern site boundaries which were
identified as a need in the 2019-2021 Remediation System Evaluation
Report. This task order will be implemented under the Professional Service
Agreement.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The cost of this work will be $130,000.00. This work will be paid for using
funds in the Solid Waste Landfill Post-Closure budget for Consultants and
Professional Services (641-5910-448.50-10) contingent upon the City
Commission Approving the Fiscal Year 2024 Budget. This Fund has a
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Proposed Budget of $280,000.
Attachments:
2023-2024 Groundwater and Methane Monitoring Task
Order
Report compiled on: June 16, 2023
117
Tetra Tech
851 Bridger Drive, Suite 6; Bozeman, MT 59715
Tel 406.582.8780 Fax 406.582.8790 tetratech.com
TASK ORDER
2023 - 2024 GROUNDWATER AND PERIMETER METHANE MONITORING BOZEMAN LANDFILL June 15, 2023
CLIENT: CONSULTANT: The City of Bozeman Tetra Tech, Inc. P.O. Box 1230 851 Bridger Drive, Ste 4
Bozeman, Montana 59711-1230 Bozeman, MT 59718 Attention: Mr. Cody Flammond Attention: Mr. Larry Cawlfield INTRODUCTION
The purpose of this task order is to conduct tasks related to compliance groundwater monitoring and monthly perimeter methane monitoring at the Bozeman Landfill. These activities will be conducted between July 1, 2023 and June 30, 2024 and are directed at meeting DEQ Solid Waste rules and the requirements of DEQ’s June 6, 2014 letter requiring the City of Bozeman to conduct a Corrective Measures Assessment and implement remedial measures. Groundwater monitoring wells were installed, and a groundwater monitoring program was implemented beginning in 1981. Monitoring results have shown that groundwater quality has
been impacted primarily by VOCs originating from the Bozeman Landfill’s unlined waste cell. Ten additional monitoring wells were installed during 2014 and two in 2021, which increased the total number of monitoring stations to 35. Monitoring results indicate a southwesterly to westerly groundwater flow. Tetrachloroethene has exceeded regulatory standards in groundwater on City of Bozeman park property adjacent to the landfill property. Groundwater monitoring will be performed during December 2023 and June 2024 for compliance with DEQ’s landfill closure
requirements. This task order also covers the installation of four new SVE wells along the eastern boundary of the landfill located generally to the north of the existing SVE system and three new SVE wells along the southern boundary. SCOPE OF SERVICES This task order includes the following work activities:
• Task 100 - Perimeter Methane Monitoring
• Task 200 - Additional SVE well installation
• Task 300 - December 2023 Compliance Groundwater Monitoring
• Task 400 - June 2024 Compliance Groundwater Monitoring
• Task 500 – Project Management, Statistical Analysis, and Reporting The scope of work for these tasks is outlined below.
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Task Order – 2023 to 2024 Groundwater and Methane Monitoring and Assessment Bozeman Landfill, Bozeman, Montana June 15, 2023
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TETRA TECH
Task 100 Perimeter Methane Monitoring
Task 1 includes 12 months (from July 2023 through June 2024) of methane monitoring activities. Monitoring is conducted on a monthly basis in ten gas monitoring wells (designated BLG- wells). Gas collected in these wells will be monitored for methane, carbon dioxide and oxygen (with
remaining balance as nitrogen) in percent by volume using City of Bozeman’s landfill gas (LFG) analyzer. Monitoring results will be entered into a database and forwarded to City of Bozeman and DEQ - Solid Waste Bureau following each monitoring event. Task 200 Additional SVE Well Installation This task will include the design, bidding, construction oversight and reporting for the installation of four new SVE wells along the eastern boundary and three new SVE wells along the southern boundary. The new eastern boundary wells were previously designed and bid during March of 2022 but the bid was excessive. It should be relatively easy to update the bidding documents and add three additional SVE wells along the southern boundary to the bid package. Hopefully by making the project a little larger we may be able to attract more bidders. It is planned to bid this
project during the fall of 2023 for construction during May or June of 2024. Task 300 December 2023 Compliance Groundwater Monitoring The first groundwater monitoring event contained in this task order will be conducted in December 2023 as part of the routine groundwater monitoring at the Bozeman Landfill. Tetra Tech will
perform groundwater monitoring in accordance with Tetra Tech’s Groundwater Monitoring
Sampling Analysis Plan (SAP) and its revisions. Groundwater monitoring will be conducted in existing groundwater monitoring wells or stations. The scope of the monitoring event will be similar to the typical June monitoring events but will have additional analyses for metals. A monitoring, sampling, and analysis matrix for the
December monitoring event is presented in the Sampling and Analysis Plan (SAP). Field parameter monitoring and collection of water samples will be conducted in 23 monitoring sites/wells as specified in the SAP. Water levels will be measured in all monitoring wells at the site. Wells will be purged prior to sampling. Field parameters including temperature, pH, dissolved oxygen, oxidation reduction potential and specific conductivity. Field parameters will generally be measured during and at the conclusion of purging the monitoring wells. Water samples will be collected and shipped to the analytical laboratory for analysis of constituents shown in the SAP. The scope of analysis includes many of the constituents listed in Appendix I, 40 CFR Part 258 (July 1, 2008) in ARM 17.50.1306. The SAP also reflects DEQ
approved changes to the monitoring schedule of specified monitoring wells. Five quality assurance/quality control (QA/QC) samples will be collected and prepared during the December 2022 assessment monitoring event. These will include the following: 1) three duplicate samples collected at selected monitoring sites and submitted for analysis of all constituents included in the SAP; and 2) two trip blanks prepared by the analytical laboratory, shipped with the
sample bottles, traveling with sample bottles in the field, and returned to the laboratory for analysis of VOCs.
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Task Order – 2023 to 2024 Groundwater and Methane Monitoring and Assessment Bozeman Landfill, Bozeman, Montana June 15, 2023
Page 3 of 5
TETRA TECH
Task 400 June 2024 Compliance Groundwater Monitoring
A groundwater monitoring event will be conducted in June 2024 as part of the routine groundwater monitoring at the Bozeman Landfill. Tetra Tech will perform groundwater monitoring in accordance with Tetra Tech’s Groundwater Monitoring Sampling Analysis Plan or an alternative
plan if one is approved. Groundwater monitoring will be conducted in existing groundwater monitoring wells or stations. A monitoring, sampling, and analysis matrix for the June 2024 monitoring event is presented in the SAP.
Field parameter monitoring and collection of water samples will be conducted in 24 monitoring sites/wells as specified in the SAP. Water levels will be measured in all monitoring wells at the site. Wells will be purged prior to sampling. Field parameters including temperature, pH, specific conductivity, dissolved oxygen, and oxidation reduction potential will be measured at all monitoring wells/stations where water samples will be collected. Field parameters will generally be measured during and at the conclusion of purging the monitoring wells.
Water samples will be collected and shipped to the analytical laboratory for analysis of constituents shown in the SAP. The scope of analysis includes many of the constituents listed in Appendix I, 40 CFR Part 258 (July 1, 2008) in ARM 17.50.1306. The SAP also reflects DEQ
approved changes to the monitoring schedule of specified monitoring wells. Five quality assurance/quality control (QA/QC) samples will be collected and prepared during the
June 2023 assessment monitoring event. These will include the following: 1) three duplicate samples collected at selected monitoring sites and submitted for analysis of all constituents included in the SAP; 2) two trip blanks prepared by the analytical laboratory, shipped with the sample bottles, traveling with sample bottles in the field, and returned to the laboratory for analysis of VOCs. Task 500 Project Management, Statistical Analysis, and Reporting Project management will include progress reporting, scheduling of personnel, supplies procurement, and other related activities; communication with City of Bozeman and DEQ; data management; administration/ invoicing; and task order preparation for 2024-2025 monitoring activities. Following the completion of each groundwater monitoring event and receipt of laboratory results, DEQ will also be notified, in a letter report, as to which monitoring stations have regulatory exceedances of VOCs, metals, and/or inorganic constituents. Groundwater monitoring data will be entered into the project database and two reports will be
prepared for the June 2023 and December 2024 groundwater monitoring events. Note that the data for the June 2023 report was collected under the Task Order for the 2022/2023 period. The June 2024 data collected under this Task Order will be compiled into a report under a
subsequent Task Order for the 2024/2025 period. This is necessary due to the start of the new fiscal year being just weeks after the June groundwater monitoring event is conducted, which does not provide adequate time for the report to be completed before the end of the fiscal year
covered by this Task Order. A statistical analysis of analytical constituents exceeding the groundwater protection or regulatory standards will be conducted in each of these groundwater monitoring events. The statistical analysis has been and will continue to be conducted in accordance with DEQ requirements (ARM 17.50.1305 (7-11)).
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Task Order – 2023 to 2024 Groundwater and Methane Monitoring and Assessment Bozeman Landfill, Bozeman, Montana June 15, 2023
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TETRA TECH
. PERIOD OF PERFORMANCE Tetra Tech’s anticipated schedule to complete the above described activities will be the
following: Deliverable Completion Date
Methane Perimeter Monitoring July 1, 2023 to June 30, 2024
December Groundwater Monitoring December 31, 2023
June Groundwater Monitoring June 30, 2024
June 2023 Groundwater Monitoring Report October 30, 2023
December 2023 Groundwater Monitoring Report April 31, 2023
SVE Well Installation June 30, 2024
COSTS Estimated costs to complete the foregoing scope of services are shown below:
Task Description Estimated Cost
Task 100 Perimeter Methane Monitoring $7,000.00
Task 200 Additional SVE Well Installation $60,000.00
Task 300 December 2023 Groundwater Monitoring $22,000.00
Task 400 June 2024 Groundwater Monitoring $18,000.00
Task 500 Project Management, Statistical Analysis, and Reporting $23,000.00
Total $130,000
Our costs will be on a time and materials basis. A detailed cost estimate can be provided upon request.
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Task Order – 2023 to 2024 Groundwater and Methane Monitoring and Assessment Bozeman Landfill, Bozeman, Montana June 15, 2023
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TETRA TECH
SPECIAL CONDITIONS: Execution of this Task Order constitutes acceptance of all terms and conditions contained in Tetra Tech’s Professional Services Agreement with the City of Bozeman, dated April 15, 2014. CLIENT: CONSULTANT:
City of Bozeman Tetra Tech
By: By: Printed Name: Printed Name: Larry Cawlfield Its: Its: Project Manager Date: Date: NOTICE OF CONFIDENTIALITY This Task Order (including attachments) contains information confidential to Tetra Tech, Inc., its subsidiaries, and subcontractors. It is intended only for City of Bozeman to consider Tetra Tech
providing professional services at the Bozeman Landfill. Any other use is prohibited, without the prior written consent of Tetra Tech.
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Memorandum
REPORT TO:City Commission
FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership
SUBJECT:Authorize the City Manager to Sign a First Amendment to the Professional
Services Agreement with Design 5 Landscape Architecture to Continue
Providing Design Services for the Downtown Bozeman Alleyways
Beautification Project
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign the First Amendment to the Professional
Services Agreement with Design 5 Landscape Architecture to continue
providing design services for the Downtown Bozeman Alleyways
Beautification Project.
STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant
Downtown, Midtown, and other commercial districts and neighborhood
centers – including higher densities and intensification of use in these key
areas.
BACKGROUND:Attached is a copy of the First Amendment to the Professional Services
Agreement with Design 5 Landscape Architecture to continue providing
design services for the Bozeman Alleyways Beautification Project.
The City entered into a Professional Services Agreement with Design 5 on
September 27, 2022 to provide these services. The original agreement
included an estimated cost of $37,500 and due to an extended deadline and
unforeseen electrical engineering services, an amendment to approve
funding for these overages is requested. Upon concurrence of the
Commission, this amendment will extend the contract for continued design
services for the Downtown Bozeman Alleyway Beautifications Project at an
hourly basis and will also include subcontractor for unforeseen electrical
engineering work. All other provisions of the original agreement remain
unchanged.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:Due to an extended bidding timeline, the need for Design 5 to provide
guidance until the project is under a general contractor is necessary. The
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time spent on bidding will be billed hourly and is outside of the $37,500
contracted amount for design. This includes preparing the bid documents,
answering questions from contractors, pre-bid meeting, etc. There is an
additional estimated cost for unexpected electrical engineering work at
appx. $2,500, as we engaged Cushing Terrell to assist with the photometric
and lighting plan, including connection details to the power source in the
parking garage. Overages will be billed at an hourly rate if amendment is
approved and not to exceed $15,000.
Attachments:
PSA Amendment_Alleyways Beautification Project.pdf
Report compiled on: June 22, 2023
124
First Amendment to Professional Services Agreement for the Bozeman Alleyways Beautification Project
FY 2023-2024
Page 1 of 3
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR the Bozeman Alleyways Beautification Project (Phase 2), dated 27th day of September,
2022 (the “Agreement”) is made and entered into this 11th day of July 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 Design.5 Landscape Architecture, 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. Not To Exceed. Due to an extended bidding timeline and unexpected electrical engineering
subcontractor work, the not to exceed provision at the end of the scope of work shall be
increased by $15,000 for FY24.
2. Scope of Work. Scope of work is unchanged from original agreement.
3. Term/Effective Date. This amended agreement is effective upon adoption and will expire
on the 28th Day of September 2023, unless earlier terminated in accordance with the
agreement.
4. Nondiscrimination and Equal Pay: Section 14 of the Agreement is replaced in its
entirety with the following:
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
125
First Amendment to Professional Services Agreement for the Bozeman Alleyways Beautification Project
FY 2023-2024
Page 2 of 3
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.
1. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
126
First Amendment to Professional Services Agreement for the Bozeman Alleyways Beautification Project
FY 2023-2024
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 DESIGN 5 ARCHITECTURE
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
127
Memorandum
REPORT TO:City Commission
FROM:Bob Murray, Project Engineer
Shawn Kohtz, City Engineer
SUBJECT:Authorize the City Manager to Sign a Second Amendment to the Professional
Services Agreement with Sanderson Stewart to provide Right of Way
Acquisition Services on a Term Contract Basis until July 2024
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign the Second Amendment to the
Professional Services Agreement with Sanderson Stewart to provide Right of
Way Acquisition Services on a term contract basis until July 2024.
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 Second Amendment to the Professional Services
Agreement with Sanderson Stewart to provide Right of Way Acquisition
Services.
The City entered into a Professional Services Agreement with Sanderson
Stewart on July 13, 2021 to provide these services. The agreement included
an expiration date of July 31, 2022 but allowed for one year extensions upon
mutual written agreement of the parties. The First Amendment extended
the contract until July 31, 2023. Upon concurrence of the Commission, this
amendment will extend the contract for another year. The amendment also
updates the consultant’s hourly rate sheet. All other provisions of the
original agreement remain unchanged.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:Fees will be negotiated on an individual task order basis in accordance with
the original agreement and paid for from the Street Impact Fee Fund.
Attachments:
Second Amendment for ROW Acquisition_Sanderson Stewart
06 2023.docx
Second Amendment-Exhibit A.pdf
128
Report compiled on: June 22, 2023
129
Second Amendment to Professional Services Agreement for Streets and Utilities Land Agent Services
Page 1 of 2
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT is
made and entered into this _____ day of ____________, 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 Avenue, Bozeman, Montana,
with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,”
Sanderson Stewart, 106 East Babcock Street, Suite L1, Bozeman, MT 59715, 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 as follows:
1.Extension of Term. Section 31 of the Professional Services Agreement between the City
and Contractor dated July 13, 2021 (the Agreement) is extended for an additional one (1)
year period. The Agreement shall terminate on July 31, 2024.
2.Consultant’s hourly rate. Exhibit A of the Professional Services Agreement between the
City and Contractor dated July 13, 2021 (the Agreement) specified the hourly rates. The
consultant’s new hourly rate sheet is attached hereto as Exhibit A.
3.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and
year first above written.
130
Second Amendment to Professional Services Agreement for Streets and Utilities Land Agent Services
Page 2 of 2
CITY OF BOZEMAN, MONTANA CONTRACTOR (Sanderson Stewart)
By________________________________ By_____________________________
Jeff Mihelich, City Manager Tony Gaddo, Project Manager
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
131
OUTSIDE CONSULTANTS
SURVEY CREW SERVICES
STAFF PERSONNEL SERVICES
CHARGE OUT RATES
EFFECTIVE NOVEMBER 1, 2022
Staff Engineer I $115.00/hour
Staff Engineer II $128.00/hour
Project Engineer I $135.00/hour
Project Engineer II $145.00/hour
Senior Engineer I $180.00/hour
Senior Engineer II $210.00/hour
Principal $235.00/hour
Engineer Intern $75.00/hour
Expert Witness/Special Consultant $290.00/hour
Staff Planner I $100.00/hour
Staff Planner II $110.00/hour
Planner I $130.00/hour
Planner II $145.00/hour
Senior Planner I $155.00/hour
Senior Planner II $175.00/hour
Right-of-Way Agent $168.00/hour
Staff Landscape Designer I $100.00/hour
Staff Landscape Designer II $108.00/hour
Landscape Architect I $135.00/hour
Landscape Architect II $145.00/hour
Senior Landscape Architect I $160.00/hour
Senior Landscape Architect II $170.00/hour
Field Survey Technician I $85.00/hour
Field Survey Technician II $88.00/hour
Staff Surveyor I $110.00/hour
Staff Surveyor II $120.00/hour
Professional Land Surveyor I $135.00/hour
Professional Land Surveyor II $148.00/hour
Senior Professional Land Surveyor I $160.00/hour
Senior Professional Land Surveyor II $178.00/hour
Graphic Artist $100.00/hour
CADD Technician I $88.00/hour
CADD Technician II $95.00/hour
Designer I $100.00/hour
Designer II $110.00/hour
Senior Designer I $120.00/hour
Senior Designer II $135.00/hour
Construction Inspector $88.00/hour
Construction Engineering
Technician $100.00/hour
Senior Construction
Engineering Technician $135.00/hour
Construction Engineer I $135.00/hour
Construction Engineer II $145.00/hour
1-man Crew/2-man Crew $Per Job
Survey Equipment $15.00 /fieldwork hour
Survey Vehicle Mileage $.75 /mile
Scanner Equipment $150.00 /hour
Scanner Equipment (Hourly) $150 /hour
Scanner Equipment (Full Day) $1,050 /day
1) At cost if independently billed direct to client.
2) Cost plus 5% if billed through us.
INDEPENDENT LABORATORIES
1) At cost if independently billed direct to client.
2) Cost plus 5% if billed through us.
ADMINISTRATIVE EXPENSES
Administrative expenses
(including copies, prints, phone, postage, materials, and
travel) 3.5% *
* based on professional services only, unless modified
by contract
Vehicle Mileage IRS Rate
These rates are updated periodically to reflect
market conditions. Rate increases will be
reflected in future invoicing.
STAFF PERSONNEL SERVICES CONTINUED
Project Administrator $95.00/hour
Senior Project Administrator $110.00/hour
Administrative/Clerical $90.00/hour
Senior Administrative Director $165.00/hour
Marketing Coordinator $105.00/hour
Senior Marketing Coordinator $115.00/hour
Marketing Director $155.00/hour
132
Memorandum
REPORT TO:City Commission
FROM:John Alston, Director of Utilities
Brian Heaston, Senior Engineer
SUBJECT:Authorize the City Manager to Sign Task Order 3, Under the Professional
Services Master Task Order Agreement with HDR Engineering Inc., Providing
Engineering Services to Update the East Gallatin River QUAL2K Water Quality
Model and Report
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Task Order No. 3, under the Professional
Services Master Task Order Agreement with the firm of HDR Engineering
Inc., providing engineering services to update the East Gallatin River QUAL2K
water quality model and report.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:HDR Engineering provides professional engineering services on an on-call
basis for the Bozeman Water Reclamation Facility (WRF) under a Master
Task Order Agreement entered into on March 22, 2022. Attached is Task
Order 3, providing engineering services to update the East Gallatin River
QUAL2K water quality model and report. The current version of the model
and report reflect water quality data collected by the City for the East
Gallatin River from 2014 – 2016. TO 3 will update the model and report to
bring in water quality data collected by the City in 2017 and 2018. The
updated model and report will be utilized to support ongoing WRF discharge
permit renewal discussions with the Montana DEQ.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Task Order 3 is funded by Project WW112 in the Commission-adopted FY24
wastewater enterprise fund CIP. Project WW112 contains $60k of funding
for East Gallatin River data collection and analysis. TO 3 has a negotiated fee
of $22,489. Sufficient budget is available.
Attachments:
Task Order 3 - All Combined.pdf
133
Report compiled on: June 28, 2023
134
WRF Task Order No. 3 1
Exhibit A to Professional Services Agreement
TASK ORDER NUMBER 03
Issued under the authority of Professional Services Agreement between the City of Bozeman
and HDR Engineering, Inc. for: A range of professional and technical services related to permit
renewal assistance for the City of Bozeman Water Reclamation Facility (WRF).
This Task Order is dated , 2023 between City of Bozeman (City) and
HDR Engineering, Inc. (Contractor).
The following representatives have been designated for the work performed under this Task Order:
City: Brian Heaston Contractor: Coralynn Revis
SCOPE OF WORK: (attach additional sheet(s) as required)
1. See the detailed Scope of Work in Attachment 1.
COMPENSATION:
Contractor shall be reimbursed on a Time and Materials basis not to exceed $22,489, without prior written
authorization from the City of Bozeman. Contractor shall notify the City of Bozeman prior to executing
additional work, and shall not proceed with additional work without written authorization from the City of
Bozeman. Contractor shall invoice no more often than monthly for services provided in the prior month.
The provisions of the Professional Services Master Task Order Agreement and any Special Terms and
Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this
Task Order:
City of Bozeman HDR Engineering, Inc.
By: By:
Title: Title:
Date: Date:
Fed. ID. No.
135
1
Attachment 1 – Scope of Services
I. OBJECTIVE
Context: The City of Bozeman, Montana, is a community of approximately 55,000 located in
southwestern Montana in the East Gallatin River watershed. Bozeman is permitted by the
Montana Department of Environmental Quality (DEQ) to discharge from its domestic
wastewater treatment facilities (MT0022608) and its small municipal separate storm sewer
systems (MS4) (MTR040000) to the East Gallatin River. These permits are based on the state
water quality rules and regulations (Montana Code Annotated [MCA] Title 75 Environmental
Protection Chapter 5 Water Quality) and contain requirements for meeting water quality
standards. Due to the complexity and financial implications of these requirements, Bozeman
contracts for technical expertise and services related to these permits.
Background: HDR has provided technical expertise and services to Bozeman for many years
and has extensive knowledge of Bozeman’s infrastructure and environment including fieldwork
monitoring the East Gallatin River. Recently, HDR has been involved in DEQ’s nutrient
workgroup and East Gallatin River monitoring to prepare for this project. Items in the recent
timeline include the following.
Monitoring in 2014, 2015 and 2016
o Data Summary Report for East Gallatin River
Modeling in 2017
o East Gallatin River: Water Quality Monitoring and Modeling Analysis
DEQ Comments (7/31/2018)
Monitoring in 2017 and 2018
o Data Summary Report for East Gallatin River
Project: Perform the tasks identified in this scope to create a Water Quality Monitoring and
Modeling Analysis report using the 2017 and 2018 data.
II. BASIS OF SCOPE OF SERVICES
A. Project Basis
Requirements and Standards: The report will align with the previous modeling report and
standards for water quality modeling.
Assumptions: The modeling will be limited in scope by the availability of recent data, alignment
with the prior modeling, and limitations and capabilities of the modeling program. Raw data will
be readily accessible. Modeling calibration and validation will be limited in scope to align with
prior modeling.
Decision Makers and Review Agencies: Bozeman will provide a single set of comments on
the draft report and determine if submittal to DEQ is appropriate.
136
2
III. SCOPE ACTIVITY DEFINITION
Task 1 2019 Modeling Report
A. PURPOSE
HDR will create a 2019 modeling report following the pattern of the 2017 modeling report using
the 2017 and 2018 data and in consideration of DEQ’s comments.
B. OBJECTIVE
The outcome of the task is a report ready for submittal to Bozeman for discussion and possibly
submittal to DEQ.
C. HDR ACTIVITIES
HDR will use the monitoring data from 2017 and 2018 within the East Gallatin River modeling
framework and document the results in the 2019 modeling report.
D. TASK DELIVERABLES
Draft 2019 modeling report for review by Bozeman. Final 2019 modeling report for submittal.
E. KEY UNDERSTANDINGS
The 2019 modeling report will be a separate report from the 2017 modeling report and primarily
address the 2017 and 2018 monitoring data with references to prior data and reporting.
F. MEETINGS/TRAVEL
One virtual meeting between Bozeman and HDR to review the draft 2019 modeling report.
IV. FUTURE SERVICES
Additional monitoring and/or modeling may be recommended based on the analyzes to support
the overall goal of supporting Bozeman’s water programs. Additional explanation and requests
may be needed with DEQ for future resolution.
V. SCHEDULE
Table 1. Schedule
Task 2023 2024 2025
7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3
1
137
1 - Project Principal Engineer - Dave Clark3 - Engineer Water Resources Sr - Michael Kasch4 - Engineer Civil - Coralynn Revis5 - Environmental Scientist 3 - Chad Wiseman9 - Accountant Sr - Paden KaufmanTotal Budget
Task Task Description Status PJM32 EWR30 ECI20 SEN30 ACT04 TOTAL
HOURS LABOR COSTS TOTAL COST
110 Project Management .2 3 5 808$ 808$
120 Review 2017 and 2018 Data .8 8 1,481$ 1,481$
130 Update Qual2K Model .64 64 11,846$ 11,846$
140 Modeling Report .30 4 34 6,563$ 6,563$
150 Review Meeting .2 2 2 6 1,792$ 1,792$
Subtotal (including optional)2 104 4 4 3 117 22,489$ 22,489$
2 104 4 4 3 117 22,489$ 22,489$
Task 100 2019 Model Report
HDR
138
Rate Table
Resource
Code Description Billing Rate
.
PJM32 Project Principal Engineer 461.5$
EWR30 Engineer Water Resources Sr 185.1$
PJM13 Project Manager Engineer 249.2$
SEN30 Environmental Scientist 3 252.7$
ECI20 Engineer Civil 176.9$
ESA10 EIT Sanitary 131.2$
ADM10 Administrator 121.1$
ACT04 Accountant Sr 103.1$
139
Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, Senior Engineer
John Alston, Director of Utilities
SUBJECT:Authorize the City Manager to Sign Task Order 4, under the Professional
Services Master Task Order Agreement with HDR Engineering Inc., Providing
Engineering Services for MPDES Discharge Permit Renewal Assistance for the
Water Reclamation Facility
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Task Order No. 4, under the Professional
Services Master Task Order Agreement with the firm of HDR Engineering
Inc., providing engineering services for MPDES discharge permit renewal
assistance for the Water Reclamation Facility.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:HDR Engineering provides professional engineering services on an on-call
basis for the Bozeman Water Reclamation Facility (WRF) under a Master
Task Order Agreement entered into on March 22, 2022. Attached is Task
Order 4 (TO 4), providing engineering services to assist the City with renewal
of its Montana Pollutant Discharge Elimination System (MPDES) discharge
permit for the Water Reclamation Facility (WRF). The permit renewal
process is technically challenging and uncertain given the changing state
regulations concerning narrative nutrient water quality standards. The City
requires technical assistance from HDR to help navigate the challenging and
protracted technical and policy landscape of the MPDES discharge permit
renewal process.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Task Order 4 is funded by the wastewater enterprise fund within the FY24
operating budget of the WRF. A consultant services line item specific for
permit renewal assistance is contained in the operating budget at the
amount of $80k. TO 4 has a negotiated fee of $30,000. Sufficient budget is
available.
140
Attachments:
Task Order No. 4- All Combined.pdf
Report compiled on: June 28, 2023
141
WRF Task Order No. 4 1
Exhibit A to Professional Services Agreement
TASK ORDER NUMBER 04
Issued under the authority of Professional Services Agreement between the City of Bozeman
and HDR Engineering, Inc. for: A range of professional and technical services related to permit
renewal assistance for the City of Bozeman Water Reclamation Facility (WRF).
This Task Order is dated , 2023 between City of Bozeman (City) and
HDR Engineering, Inc. (Contractor).
The following representatives have been designated for the work performed under this Task Order:
City: Brian Heaston Contractor: Coralynn Revis
SCOPE OF WORK: (attach additional sheet(s) as required)
1. Provide permit renewal assistance for the City of Bozeman WRF discharge permit. Work may include,
but is not limited to, updating technical reports concerning the East Gallatin River, preparing comments
to the Montana Department of Environmental Quality during open comment periods, and preparing
any necessary documentation.
COMPENSATION:
Contractor shall be reimbursed on a Time and Materials basis not to exceed $30,000, without prior written
authorization from the City of Bozeman. Contractor shall notify the City of Bozeman prior to executing
additional work, and shall not proceed with additional work without written authorization from the City of
Bozeman. Contractor shall invoice no more often than monthly for services provided in the prior month.
The provisions of the Professional Services Master Task Order Agreement and any Special Terms and
Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this
Task Order:
City of Bozeman HDR Engineering, Inc.
By: By:
Title: Title:
Date: Date:
Fed. ID. No.
142
Rate Table
Resource
Code Description Billing Rate
.
PJM32 Project Principal Engineer 461.5$
EWR30 Engineer Water Resources Sr 185.1$
PJM13 Project Manager Engineer 249.2$
SEN30 Environmental Scientist 3 252.7$
ECI20 Engineer Civil 176.9$
ESA10 EIT Sanitary 131.2$
ADM10 Administrator 121.1$
ACT04 Accountant Sr 103.1$
143
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:Resolution 5434, Annexation of 0.54 Acres and Adjacent Right-of-way, the
2103 Bridger Drive Annexation, Application 21147
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Resolution 5434.
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 applicants and property owners, Kristal Jones and Brandn Green, seek to
annex three parcels totaling roughly 0.54 acres into the City limits and
establish initial zoning of R-2, Residential Moderate Density. The property is
currently zoned “Residential Suburban” within the county. Nearby municipal
zoning includes Residential Single-Household Low Density (R-1) to the north
and Residential Suburban (R-S) to the south. Land to the east and west is
unincorporated and zoned “Residential Suburban” within the county. The
future land use map in the Bozeman Community Plan 2020 designates the
property as “Urban Neighborhood” which the R-2 district serves to
implement. There is an existing home and above garage dwelling on the
parcel.
The Commission held a public hearing on the request on September 21,
2021 and acted to approve the application. The applicant finalized all
required terms of annexation including easements and signed the
annexation agreement. The associated zoning Ordinance 2121 accompanies
this Resolution of annexation.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the Commission.
144
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
development will incur costs and generate review according to standard City
practices.
Attachments:
2103 Bridger Drive ZMA-ANNEX-2022.07.07.pdf
21147 2103 Bridger Drive Annex Resolution 5434.pdf
Report compiled on: June 28, 2023
145
146
Version April 2020
Page 1 of 3
RESOLUTION 5434
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS
TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF
THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS
THE 2103 BRIDGER DRIVE ANNEXATION, APPLICATION 21147.
WHEREAS, the City of Bozeman received a petition for annexation from Vivian Helvik
requesting the City Commission to extend the boundaries of the City of Bozeman so as to include
an area of land containing approximately 0.54 acres, addressed at 2103 Bridger Drive; and
WHEREAS, an annexation staff report was prepared in accordance with the
Commission's goals and policies for annexation and was presented to the Commission on September
21, 2021; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
September 21, 2021; and
WHEREAS, the City did not receive any written protest from the real property owners of
the area to be annexed; and
WHEREAS, on June 27, 2023, the Commission received the executed annexation
agreement addressing all recommended terms of annexation; and
WHEREAS, the provision of available services, including, but not limited to, streets,
147
Version April 2020
Page 2 of 3
rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's,
and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written
agreement between the City and the Landowner; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of this
contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the
following-described property, which is contiguous to the municipal boundaries of the City of
Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended
so as to embrace and include such approximately 0.54 acres, to wit:
Legal Description
2103 Bridger Drive and more accurately described as Lots 14, 15, and 16, Ed Vogel
Subdivision No. 1, [Plat E-47], according to the plat thereof, on file and of record in
the office of the Clerk and Recorder, Gallatin County Montana; and located in the
Southeast Quarter of Section 32, Township 1 South, Range 6 East, Township 1
South, Range 6 East, of P.M.M., City of Bozeman, Gallatin County, Montana.
More particularly described as: Beginning at the northeast earner of said Lot 14;
thence southerly 179'55'00", assumed azimuth from north, 323.10 feet along the east
line of said Lot 14; thence westerly 269'55'00" azimuth 75.00 feet along the south
line of said Lot 14, Lot 15 and Lot 16; thence northerly 359"55'00" azimuth 323.10
feet along west line of said Lot 16; thence easterly 089"55'00" azimuth 75.00 feet
along the north line of said Lot 16, Lot 15 and Lot 14 to the point of beginning.
0.54 acres or 23,522 square feet. Subject to existing easements.
All as depicted on the 2103 BRIDGER DRIVE Annexation Map.
148
Version April 2020
Page 3 of 3
Section 2
The effective date of this annexation is July 11, 2023.
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 July, 2023.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
149
Memorandum
REPORT TO:City Commission
FROM:Melissa Hodnett, Finance Director
SUBJECT:Resolution 5507 to Establish Compliance with IRS Reimbursement Bond
Regulations
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:I move to approve the resolution to establish compliance with IRS
reimbursement bond regulations.
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:In order for the City to reimburse itself for expenditures with debt proceeds,
treasury regulations require a Commission resolution declaring the official
intent to reimburse expenditures with bond proceeds. Project expenditures
for the Swim Center, Westside Campus facilities and construction of the
Riverside Lift Station and Force Main projects have either begun or are
anticipated to begin by November. The proposed resolution is presented
solely for purposes of establishing compliance with treasury regulations and
does not bind the City to make any expenditures, incur any indebtedness, or
proceed with projects.
UNRESOLVED ISSUES:None
ALTERNATIVES:City financial plans assume debt funding for the projects included in this
resolution, and additional funding would need to be identified for these
projects to move forward if the resolution is not approved.
FISCAL EFFECTS:Debt service associated with any debt proceeds are included in long-term
financial models and consistent with the FY24 City Manager's Recommended
Budget.
Attachments:
Res. 5507 Reimbursement Resolution.docx
Report compiled on: June 29, 2023
150
1
RESOLUTION 5507
RESOLUTION RELATING TO THE FINANCING OF EXPENDITURES INCURRED FROM WATER,
SEWER, STORMWATER, SOLID WASTE, PARKS & TRAILS DISTRICT, AND FACILITIES
INFRASTRUCTURE PROJECTS, AND PARKS & TRAILS DISTRICT AND SOLID WASTE VEHICLE
PURCHASES;ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS
UNDER THE INTERNAL REVENUE CODE
BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman,
Montana (the “City”), as follows:
Section 1
Recitals.
The United States Department of Treasury has promulgated final regulations governing
the use of proceeds of tax-exempt bonds, all or a portion of which are to be used to
reimburse the City for project expenditures paid by the City prior to the date of issuance
of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the
“Regulations”) require that the City adopt a statement of official intent to reimburse an
original expenditure not later than 60 days after payment of the original expenditure.
The Regulations also generally require that bonds be issued and the reimbursement
allocation be made from the proceeds of such bonds within 18 months (or three years, if
the reimbursement bond issue qualifies for the “small issuer” exception from the
arbitrage rebate requirement) after the later of (i) the date the expenditure is paid or (ii)
the date the project is placed in service or abandoned, but (unless the issue qualifies for
the “small issuer” exception from the arbitrage rebate requirement) in no event more
than three years after the date the expenditure is paid. The Regulations generally
permit reimbursement of capital expenditures and costs of issuance of the bonds.
1.01.The City desires to comply with requirements of the Regulations with respect to
certain projects and costs hereinafter identified.
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2
Section 2
Official Intent Declaration.
2.01.The City intends to expend funds related to design and construction of facilities
infrastructure projects and wastewater infrastructure projects, including a portion of
construction of Fire Station #2, the Sourdough Intake Improvements Project, water system
upgrades, Base Hydraulic Phase I at the Water Reclamation Facility, sewer lift station projects,
park & trail improvement infrastructure projects, downtown stormwater mechanical
installation, and vehicles to support Solid Waste and Parks & Trails District operations.
2.02. Other than (i) expenditures to be paid or reimbursed from sources other than
the Bonds (as hereinafter defined), (ii) expenditures permitted to be reimbursed under the
transitional provision contained in Section 1.150-2(j)(2) of the Regulations, (iii) expenditures
constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2) of the
Regulations, or (iv) expenditures in a “de minimus” amount (as defined in Section 1.150-2(f)(1)
of the Regulations), no expenditures for the Projects have heretofore been paid by the City and
no expenditures will be paid by the City until after the date of this Resolution.
2.03. The City reasonably expects to reimburse some or all of the expenditures made
for costs of the Projects out of proceeds of bonds, in one or more series, in an estimated
maximum aggregate principal amount of $23 million (the “Bonds”) after the date of payment of
all or a portion of the costs of the Project. All reimbursed expenditures shall be capital
expenditures or extraordinary working capital expenditures, a cost of issuance of the Bonds or
other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations.
2.04. As of the date hereof, there are no City funds reserved, allocated on a long-term
basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term
basis or otherwise set aside) to provide permanent financing for the portion of the Projects
expected to be financed, other than pursuant to the issuance of the Bonds. The statement of
intent contained in this resolution, therefore, is determined to be consistent with the City’s
budgetary and financial circumstances as they exist or are reasonably foreseeable on the date
hereof.
2.05. The City Finance Director shall be responsible for making the “reimbursement
allocations” described in the Regulations, being generally the transfer of the appropriate
amount of proceeds of the Bonds to reimburse the source of temporary financing used by the
City to make prior payment of the costs of the Projects. Each allocation shall be evidenced by
an entry on the official books and records of the City maintained for the Bonds or the Projects
and shall specifically identify the actual original expenditure being reimbursed.
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3
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 July, 2023.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
153
4
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.
5448 entitled: “RESOLUTION RELATING TO THE FINANCING OF EXPENDITURES INCURRED FROM
FACILITIES INFRASTRUCTURE IMPROVEMENT PROJECTS AND WASTEWATER INFRASTRUCTURE
IMPROVEMENT PROJECTS; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND
REGULATIONS UNDER THE INTERNAL REVENUE CODE” (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 at a regular meeting on October 25, 2022, 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 Commission members voted in favor thereof:
; voted against the same:
; abstained from voting thereon: ; or
were absent: .
WITNESS my hand and seal officially this ____ day of ___________, 20__.
(SEAL)__________________________________
MIKE MAAS
City Clerk
154
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 2121, Provisional Adoption of the 2103 Bridger Drive Zone Map
Amendment Initially Establishing an R-2, Residential Moderate Density
District, Zone to 0.5 and the Accompanying Adjacent Right-of way in
Association with Annexation of the Same, Resolution 5434, the 2103 Bridger
Drive Annexation, Application 21147
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Provisionally Adopt Ordinance 2121.
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 applicants and property owners, Kristal Jones and Brandn Green, seek to
annex property totaling roughly 0.54 acres into the City limits and establish
initial zoning of R-2, Residential Moderate Density. The property is currently
zoned “Residential Suburban” within the county. Nearby municipal zoning
includes Residential Single-Household Low Density (R-1) to the north and
Residential Suburban (R-S) to the south. Land to the east and west is
unincorporated and zoned “Residential Suburban” within the county. The
future land use map in the Bozeman Community Plan 2020 designates the
property as “Urban Neighborhood” which the R-2 district serves to
implement. There is an existing home and above garage dwelling on the
parcel.
The Commission held a public hearing on the request on September 21,
2021 and acted to approve the application. The applicant finalized all
required terms of annexation including easements and signed the associated
annexation agreement. The associated annexation Resolution 5434
accompanies this initial zoning Ordinance.
UNRESOLVED ISSUES:None
155
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
development will incur costs and generate review according to standard City
practices.
Attachments:
2103 Bridger Drive ZMA-2022.07.07.pdf
21147 2103 Bridger Drive ZMA Ordinance 2121.pdf
Report compiled on: June 28, 2023
156
157
Ord 2121
Page 1 of 4
ORDINANCE 2121
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 0.54 ACRES AS R-2, RESIDENTIAL MODERATE DENSITY DISTRICT,
KNOWN AS THE 2103 BRIDGER DRIVE ZONE MAP AMENDMENT, APPLICATION
21147.
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 R-2 (Residential Moderate Density)
for approximately 0.54 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 August 9, 2021 and continued
to August 23, 2023 to receive and review all written and oral testimony on the request for a zone
map amendment; and
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Ordinance No. 2121, 2103 Bridger Drive ZMA
Page 2 of 4
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 21147 the 2103 Bridger Drive Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on
September 21, 2021, 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
That the zoning district designation of the following-described property is hereby designated as
R-2, Residential Moderate Density District:
An area of land comprised described as follows:
2103 Bridger Drive and more accurately described as Lots 14, 15, and 16, Ed Vogel
Subdivision No. 1, [Plat E-47], according to the plat thereof, on file and of record in
the office of the Clerk and Recorder, Gallatin County Montana; and located in the
Southeast Quarter of Section 32, Township 1 South, Range 6 East, Township 1
South, Range 6 East, of P.M.M., City of Bozeman, Gallatin County, Montana.
More particularly described as: Beginning at the northeast earner of said Lot 14;
thence southerly 179'55'00", assumed azimuth from north, 323.10 feet along the east
line of said Lot 14; thence westerly 269'55'00" azimuth 75.00 feet along the south
line of said Lot 14, Lot 15 and Lot 16; thence northerly 359"55'00" azimuth 323.10
feet along west line of said Lot 16; thence easterly 089"55'00" azimuth 75.00 feet
along the north line of said Lot 16, Lot 15 and Lot 14 to the point of beginning.
0.54 acres or 23,522 square feet. Subject to existing easements.
All as depicted on the 2103 BRIDGER DRIVE Annexation Map.
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Ordinance No. 2121, 2103 Bridger Drive ZMA
Page 3 of 4
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.
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 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 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance No. 2121, 2103 Bridger Drive ZMA
Page 4 of 4
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 11th day of July, 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
161
Memorandum
REPORT TO:City Commission
FROM:Nakeisha Lyon, Associate Planner
Brian Krueger, Development Review Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Ordinance 2131, Final Adoption of The Short Term Rental Affirmative
Obligations Text Amendment, Application 23147
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Final adoption of Ordinance 2131, The Short Term Rental Affirmative
Obligations ass presented.
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 regulates short term rentals (STRs) within our community through
Section 38.360.260 of the Bozeman Municipal Code. These standards set
forth where STRs are allowed to locate based on type, require STR hosts to
register their rental with the city prior to operation, and to submit annual
renewals. Such registration includes submittal of information, payment of a
registration fee, and completion of a safety inspection prior to city approval.
Since the adoption of these provisions, the prevalence of STRs has increased,
and monitoring of online listings has revealed a significant number of
unregistered STRs. The city has undertaken enforcement efforts to bring
more STRs into compliance, but these efforts are time-consuming and costly
for city staff. On August 9, 2022, the City Commission directed staff to
update STR regulations in two phases. The first phase includes drafting an
Ordinance regulating short term rental hosting platforms as one measure to
increase compliance with existing regulations and to require regular
reporting to obtain more information about STRs in Bozeman. The second
phase will include analysis of the STR types and where they are allowed.
As drafted, Ordinance 2131 implements the first phase – regulating hosting
platforms and other measures to increase compliance with existing
regulations. It revises the STR regulations within Sec. 38.360.260 to include
obligations for hosting platforms such as hosting permit requirements for
162
booking transactions, quarterly reporting requirements, and violation and
enforcement provisions regarding the removal of listings from hosting
platforms without a hosting permit. The proposed revisions also include
administrative changes to improve compliance and support enforcement,
such as changing the term “registration” to “permit”, allowing the City to
issue administrative subpoenas to obtain information, requiring hosts to
disclose where they have listed the STR, requiring regular safety inspections
of STRs every three years, and imposing specific civil penalties for a violation.
The Community Development Board in their capacity as the Zoning
Commission met on June 5th to consider the proposed amendments and
recommended approval of the ordinance as written. Discussion and
concerns of this board and public comments included concerns with the fire
safety inspection requirements every three years and data collection and
reporting requirements. Staff has considered these concerns and
incorporated language in a supplemental memorandum that was presented
to the City Commission at the provisional adoption public hearing on June
27, 2023. After considering staff's presentation and the Supplemental
Memorandum, the City Commission voted to unanimously provisionally
adopt Ordinance 2131.
For more details, please see the agenda and attachments for the June 27,
2023 City Commission Public Hearing per Action Item J.1.
A video recording of this public hearing for the provisional adoption of
Ordinance 2131 and associated discussions, public comments, and motion is
available.
Additional non-substantial changes made since the provisional adoption of
Ordinance 2131 include the revision in the findings of text from "subdivision
regulations" to "land development regulations", removal of "or the permit"
as proposed in Subsection J.4, and changing the language from "registrant"
to "permittee" throughout Subsection K.2. These changes are for consistency
throughout the proposed amendment with the ordinance approved by the
Commission at provisional adoption.
Please see Ordinance 2131 for more information.
UNRESOLVED ISSUES:None related to Ordinance 2131, The Short Term Rental Affirmative
Obligations. The City Commission considered and decided on the
incorporation of the Supplemental Memorandum as proposed at the
Commission's June 27th Public Hearing.
ALTERNATIVES:As determined by the City Commission.
FISCAL EFFECTS:None at this time related to this Amendment.
Attachments:
Ordinance 2131 STR Affirmative Obligations Final
Adoption.pdf
163
Report compiled on: July 5, 2023
164
Ord 2131
Page 1 of 13
ORDINANCE 2131
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA TO GENERALLY REVISE BOZEMAN MUNICIPAL CODE SECTION
38.360.260 – SHORT TERM RENTALS TO INCLUDE REGULATION OF HOSTING
PLATFORMS THAT FACILITATE BOOKING TRANSACTIONS OF SHORT TERM
RENTALS AND REVISE ADMINISTRATIVE PROVISIONS
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and
WHEREAS, pursuant to the Bozeman City Charter, the City of Bozeman has adopted
and is hereby relying upon its self-government powers recognizing pursuant to Montana law
such self-government powers must be liberally construed in favor of such power; and
WHEREAS, after proper notice, the Community Development Board in their capacity as
Bozeman Zoning Commission held a public hearing on June 5, 2023 to receive and review all
written and oral testimony on the proposed amendments; and
WHEREAS, the Community Development Board acting in their capacity as the Bozeman
Zoning Commission recommended to the Bozeman City Commission that Ordinance 2131, be
approved as proposed; and
WHEREAS, after proper notice, the City Commission held its public hearing on June 27,
2023 to receive and review all written and oral testimony on the proposed amendment to the land
development regulations; and
WHEREAS, the City Commission has reviewed and considered the applicable
amendment criteria established in Montana Code Annotated § 76-2-304, and found that the
proposed amendments are in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
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Ordinance No. 2131, (Generally Revise Regulations of Short Term Rentals)
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Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The Montana Constitution, in Article XI, § 4 mandates to liberally construe the powers of
incorporated cities, and Article XI, § 6 of the Montana Constitution expressly authorizes a local
government with self-government powers to exercise any power not prohibited by the constitution,
law, or charter.
2. The City has adopted land development and use standards to protect public health, safety and
welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304,
76-3-102, and 76-3-501.
3. The City adopted Ordinance 1974 in November 2017 placing restrictions on short-term rentals.
The City is aware that a significant portion of short-term rentals within the City are not currently
in compliance with adopted regulations. Requiring information from hosting platforms is
demonstrated by other communities to enhance compliance and the City Commission finds doing
so is reasonably related to assuring compliance with the City of Bozeman’s short term rental
regulations.
4. The City Commission approved The Bozeman Community Housing Action Plan on November
18, 2019, which was amended on January 13, 2020. The Action Plan recommends on-going
evaluation of regulatory policies including: prohibiting or limiting the use of homes for short-term
rentals in specified neighborhoods or zones; placing resident-occupancy requirements on units that
are rented short-term (e.g. rent bedroom only, ADU and primary home cannot both be an STR,
etc); requiring an owner to register the short-term rental and authorizing the city to charge fees; or
other options.
5. On August 9, 2022, the Bozeman City Commission held a work session to discuss short term
rentals and their influence on the local housing market and affordability. The City Commission
directed staff to draft an Ordinance regulating short term rental online booking platforms as one
measure to increase compliance with existing regulations, to require regular reporting to obtain
more information about short term rentals in Bozeman.
6. City staff prepared a report analyzing the required criteria for an amendment to the City’s
regulations for zoning review, including the amendment’s accordance with the BCP 2020, and
found that the required criteria of Montana Code Annotated § 76-1-304 are satisfied.
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Ordinance No. 2131, (Generally Revise Regulations of Short Term Rentals)
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7. The City Commission determines that the ordinance provides a proper balance of interests,
rights, and responsibilities of all parties affected by the ordinance.
Section 2
That Section 38.360.260 of the Bozeman Municipal Code be amended as follows:
Sec. 38.360.260. Short term rentals.
A. Purpose and intent. The purpose of this article section is to provide for the regulation of short term rentals in certain zoning districts within the city in order to preserve neighborhood character and promote a supply of long term rental housing stock, while encouraging economic activity and diversity, and to promote public health, safety, and
welfare.
B. Applicability.
1. The provisions of this article section apply only to transient occupancy of a short term rentals as defined herein.
2. This article section does not apply to any rental of a dwelling unit which is governed
and defined by The Montana Residential Landlord and Tenant Act of 1977 (Landlord
Tenant Act). This article applies only to transient occupancy of a short term rental as defined herein.
3. A lower-priced or moderate-priced home subject to and defined by chapter 38, article 380, or a dwelling that received financial support from the city, including but not
limited to down payment assistance, impact fee payment, or other consideration
including affordable units developed using regulatory incentives, infrastructure prioritization or assistance or a financial subsidy, may not be used as a short term rental until such time as either the lien instrument against the property in favor of the city securing the amount of such subsidy has been released and the release recorded
with the Gallatin County Clerk and Recorder's Office or the expiration of an applicable
affordability covenant. The prohibition on use as a short term rental under this subsection will continue until the later of a lien release or expiration of an affordability covenant.
C. Definitions. For purposes of this article, the following definitions apply:
1. Booking transaction means any reservation or payment service provided by a hosting
platform that facilitates a short term rental transaction between an owner and a transient occupant.
12. Hosting platform means a person or entity that provides a means through which an owner may advertise and offer for rent a short term rental to the general public.
participates in the short term rental business by collecting or receiving a fee directly or
indirectly for any booking transaction through which an owner may offer a dwelling unit or portion thereof for transient occupancy. Hosting platform includes but is not
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Ordinance No. 2131, (Generally Revise Regulations of Short Term Rentals)
Page 4 of 13
limited to an online service and an individual using any other means to collect or receive a fee on behalf of an owner for a transient occupancy of a short term rental.
23. Owner includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, or lessee with exclusive possession under a valid long-term lease or rental
agreement.
34. Owner-occupied means the owner provides the city evidence the owner occupies the dwelling as his or her principal residence for more than 50 percent of the calendar year.
45. Operate, oOperation of, or operating a short term rental means the short term rental has been rented by or on behalf of the owner to the general public for compensation for
transient occupancy. “Operate” "oOperation of" or "operating" a short term rental does
not include mere advertisement of or offering to rent short term rental(s).
56. Responsible person means the person responsible for addressing all maintenance, nuisance, and safety concerns related to a short term rental.
67. Short term rental is defined in article 7 of this chapter.
78. Transient occupancy of a short term rental means occupancy which has the following
characteristics:
a. The period of occupancy is less than 28 consecutive days, and
b. The renter has a principal residence other than the short term rental., and
c. The short term rental is furnished with personal property necessary to make the
unit ready for immediate occupancy by the renter.
D. Short term rental classifications. Short terms rentals are classified as:
1. Type-1: A short term rental of one or more bedrooms in an owner-occupied dwelling while the owner is occupying the same dwelling unit for the entire rental period.
2. Type-2:
a. A short term rental of an owner-occupied dwelling if the owner is not occupying the dwelling during the entire rental period.
b. A short term rental of a permitted accessory dwelling unit (ADU) whether or not the ADU's owner is present in the primary dwelling unit during the rental period.
c. A short term rental of one dwelling unit within a duplex whether or not the
duplex's owner is present in the duplex's other dwelling unit during the rental period.
3. Type-3: A short term rental that is not owner-occupied.
E. Where allowed. An owner may operate a short term rental in all zoning districts where such use is authorized in Chapter 38, articles 8-11 and 14 subject to the requirements of this
article chapter.
F. Compliance with laws.
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Ordinance No. 2131, (Generally Revise Regulations of Short Term Rentals)
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1. In addition to the provisions of this article chapter, the short term rental owner must comply with all other applicable local, state and federal laws, including but not limited to city parking regulations, including time limitations and ADA parking restrictions; lodging facility use tax and accommodations sales tax regulations; health department
permitting requirements; the Americans with Disabilities Act; fair housing laws;
building codes and fire codes, and the non-discrimination provisions in chapter 24, article 10. Loss of any required permit or license will result in revocation of the short term rental registration in accordance with subsection J of this section.
2. Compliance with all applicable laws and regulations is the sole responsibility of the
owner. and cCity approval of an application for short term rental registration in no way
waives or transfers to the city such responsibility. In addition, the owner is solely responsible for verifying the use of a property as a short term rental is compatible with insurance and mortgage contracts, home owners' association covenants, rental agreements and any other contracts which govern the use of the property.
G. Administration. The director will collect all registration permit fees and will issue
registrations permits and renewals thereof in the name of the city to all persons qualified under the provisions of this article chapter and has the power to:
1. Make rules. The director will promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this article section.,
including, but not limited to, providing alternative means to comply with hosting
platform reporting requirements of 38.360.260.J.2 by maintaining an online tool accessible to the City that includes all required data. All rules are subject to city commission review and modification.
2. Adopt forms. The director will adopt all forms and prescribe the information to be
given therein.
3. Obtain approvals. The director will submit all applications to interested city officials for their approval as to compliance by the applicant with all city regulations which they have the duty of enforcing.
4. Investigate. The director will investigate and determine the eligibility of any applicant
for a short term rental registration permit as prescribed herein.
5. Examine records. The director may examine the books and records of any applicant when reasonably necessary to the administration and enforcement of this article section. The city may issue administrative subpoenas as necessary to obtain information regarding a short term rental or booking transaction.
6. Give notice. The director shall notify any applicant of the acceptance or rejection of the application and will, upon the director's refusal of any registration, permit and at the applicant's request, state in writing the reasons for the denial therefor and deliver it them to the applicant.
7. Record keeping. The director will maintain at all times a record of registered permitted
short term rentals, including the full name of each registrant permittee, the address at which such short term rental is operated, the date of issuance, the fee paid therefor, the
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Ordinance No. 2131, (Generally Revise Regulations of Short Term Rentals)
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telephone and address of the applicant, and the time such registration permit will continue in force effect.
H. Registration Hosting Permits. The following requirements apply to all short term rentals registrations permits unless otherwise noted.
1. General. It is unlawful for any person to operate within the city a short term rental
without having first obtained approval for a registered the short term rental permit with the department of community development. A separate permit registration shall be required for each short term rental. Approval of a short term rental application results in the city issuing a permit for the short term rental.
2. Application; submittal materials. The applicant must complete and submit an
application for a short term rental registration permit to the department of community development using a form provided by the city. The form will include an acknowledgement and agreement the short term rental meets and will continue to meet the definition of short term rental classification (Type-1, Type-2, or Type-3) during the
registration permit term. Before the application will be accepted by the director, the
applicant must provide:
a. The name, telephone number, address, and email address of all property owners and of the responsible person, if different. If the property owner is a business, the name(s) and contact information of all business owners must be provided.
b. The Montana Department of Revenue tax registration number for the short term
rental.
c. A sketch plan with a description of the short term rental, including street address, number of bedrooms, and number of off-street parking spaces available for guests' use.
d. Certification the short term rental meets and will continue to meet the definition of short term rental classification (Type-1, Type-2, or Type-3) during the registration term.
e. For Type-2 and Type-3 short term rentals, certification the applicant has read and understood the standards in subsection I of this section and the property applied
for meets the standards.
f. For Type-2 short term rentals in residential zoning districts, certification that residents adjacent to the proposed short term rental have been provided written notice in accordance with subsection 6 of this subsection.
g. All hosting platforms on which the short term rental is listed.
hg. The registration permit fee and fire inspection fee.
3. Safety inspections.
a. Initial inspection. Prior to issuance of the first short term rental registration permit for any property, an inspection by the city fire department must be completed and signed off by a city fire inspector, or by an NFPA or ICC-certified fire inspector
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using an inspection form approved by the city fire marshal. A fire inspection checklist form will be provided to the applicant with the application materials. If a short term rental registration permit lapses for any period of time, upon reapplication for registration a permit an inspection must be completed and signed
off as described in this subsection before the short term rental registration permit
will be issued.
b. Re-inspection. If re-inspection or multiple visits by a fire inspector are required before the inspection form may be signed, an additional inspection fees will apply for each inspection after the initial inspection.
c. Subsequent inspections; self-certification. A short term rental must be inspected
by the city fire department every three years. The applicant must self-certify continued compliance with each item on a fire inspection checklist upon annual renewal of a permit for each year that an inspection is not required. The city fire marshal may require a repeat inspection on a periodic basis, and at any time upon
complaint or evidence of noncompliance. Applications for annual renewal of
registration will include a self-certification by the applicant that they continue to comply with the fire inspection checklist. By applying for renewal of registration, the applicant will acknowledge and agree that the city may randomly select a certain percentage, not to exceed ten percent, of the renewal applications for a full
inspection as described in subsection (a). If selected, the registration renewal will
be conditioned on completion of the fire inspection and payment of the fire inspection fee. The owner of a short term rental selected for a full inspection will be allowed to continue to operate the short term rental pending completion of the inspection, provided all other renewal requirements have been met.
4. Safety hazards. The short term rental owner acknowledges that the city, or any authorized representative thereof, have the right to suspend operation of any short term rental when the city determines the rental is causing or contributing to an imminent public health or safety hazard.
5. Fees. Short term rental registration permit and inspection fees shall be established by
resolution of the city commission.
6. Additional notice requirements for registrations permit and registration permit renewals of Type-2 short term rentals in residential zoning districts. The applicant for a Type-2 short term rental registration permit in a residential zoning district included in section 38.310.030 must give notice on a form provided by the city to each residence
adjacent, including those residences adjacent across a public right-of-way and properties connected to the applicant's property by property corners. The notice must include a description of the proposed use and the name, address, telephone number and email address (if any) of the responsible person.
67. Issuance of registration permit. Once the applicant submits the completed application
form, all required submittal materials, and registration and inspection fees, the director will review the application form and submittal materials and determine whether the
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short term rental meets all city requirements for registration permit. The city will director may issue the short term rental registration permit when:
a. The director determines the short term rental meets all city requirements for registration a permit; and
b. The applicant has provided either a signed pre-operational inspection report from
the health department indicating the short term rental may operate as a public accommodation or a valid and current public accommodation license issued by the state of Montana department of health and human services pursuant to Title 50, Chapter 51, MCA.
8. Listing of registration. The short term rental registration form will require the applicant
to agree to inclusion in an online listing of short term rentals registered with the city.
79. Display of short term rental registration number. The owner must include the short term rental registration permit number issued by the city in all listings and advertisements, of the owner’s short term rental on any hosting platform and print
advertising.
810. Change in ownership. A short term rental registration permit does not run with the land, and a change in ownership of the short term rental terminates the registration permit. The new owner wishing to continue operation of the property as a short term rental must apply for registration a new permit following the process described in this
section.
911. Expiration. Registrations Permits issued pursuant to this article section are valid for one year from the month in which such registration permit is issued and will expire automatically unless renewed in accordance with this section.
102. Renewal. The registrant may apply to renew the registration permit annually using a
form provided by the city. Renewals must comply with the requirements of this code which are in place at the time of renewal. Failure of an applicant to renew a permit results in the termination of the lawful use of a property as a short term rental. It is the registrant's permitee’s responsibility to renew the registration permit on time even if a courtesy reminder is not received by the registrant. prior to the expiration of the permit.
Failure of an applicant to renew a short term rental permit prior to the expiration of the current permit period requires the applicant to file a new permit application for a short term rental and is subject to the initial inspection and fee.
I. Short term rental standards. The following requirements apply only to Type-2 and Type-3 short term rentals unless otherwise noted.
1. Short term rental agreement; written rules for guests. The short term rental owner must enter into a written rental agreement with the guest for each stay in the short term rental.
a. The guest must be provided with a written list of rules applicable to the short term rental with the rental agreement, and the rental agreement must include a written
acknowledgement by the renters of their agreement to comply with such rules.
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b. The list of rules must include those rules required by this article section to be included.
c. The list of rules must be prominently displayed within the short term rental.
2. Responsible person. The applicant short term rental owner must designate a person
responsible for addressing all maintenance, nuisance, and safety concerns related to a
short term rental. The responsible person must be available to take and respond to reports of concerns and complaints 24 hours per day, 7 days per week during the registration term. The name and contact information for the responsible person must be included in the list of rules.
3. Maximum occupancy for Type-2 and Type-3 short term rentals. The maximum
occupancy of a Type-2 or Type-3 short term rental is two persons per bedroom plus two additional persons, except that this number may be reduced by the city based on available parking spaces. The maximum occupancy will be noted on the short term rental registration and must be included in the list of short term rental rules.
4. Maximum number of bedrooms that may be rented in a Type-1 short term rental;
maximum occupancy. The owner of a Type-1 short term rental may rent or offer for rent up to two bedrooms in the dwelling, except that in a two-bedroom dwelling, only one bedroom may be rented or offered for rent. No other area of the dwelling may be rented or offered for rent. The maximum occupancy of a Type-1 short term rental is
two persons per bedroom.
5. Trash removal. The responsible person must ensure proper disposal of solid waste pursuant to local and state rules, regulations and laws. The schedule for trash and recycling collection and instructions for proper disposal must be included within the short term rental rules.
6. Signage. Exterior signs identifying the unit as a short term rental are prohibited on short term rentals. During a rental period, there must be a sign posted inside the front door of the short term rental showing the locations of all fire extinguishers in the unit, the gas shut-off valve, and fire exits.
7. Noise and nuisance.
a. The owner of the short term rental must ensure that use of the short term rental by guests is in compliance with the noise provisions of chapter 16, article 6 and all nuisance provisions of the Bozeman Municipal Code.
b. A prohibition against making loud noise in such a manner as to disturb the quiet, comfort or repose of a reasonable person of normal sensitivity must be included in
the short term rental rules.
c. All outdoor activities producing noise discernible from a neighboring property shall cease by 10:00 p.m. This requirement must be included in the short term rental rules.
J. Hosting Platforms Obligations
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1. Compliance with laws. In addition to the provisions of this section, a hosting platform must comply with all other applicable local, state and federal laws.
2. Reporting requirements. A hosting platform must provide a report to the city on a quarterly basis that includes, but is not limited to the following:
a. The address of each short term rental located in the city for which it conducts a
booking transaction;
b. The name of any owner or responsible person for each transient occupancy for which the hosting platform conducted a booking transaction.
3. Required information for booking transaction. A hosting platform must include the city
permit number in all hosting platforms’ publicly available listings prior to performing a
booking transaction for each short term rental within the city.
4. Obligation to remove listings. If the hosting platform has reason to believe a short term rental is in violation of any provision of this code, including but not limited to notice from the city of a violation or an owner’s failure to supply to the hosting platform the city permit
number for the short term rental, the hosting platform must remove the listing from its
hosting platform within ten business days.
JK. Violations; enforcement.
1. Registration suspension or revocation. The director may suspend or revoke a short
term rental registration permit, impose administrative remedies as provided herein, or
enforce a suspension or revocation through a civil action when the registrant permittee commits one or more of the following acts or omissions:
a. Failure to comply with any provision of this article code;
b. Operating or allowing the operation of the short term rental in such a manner as to
create a public nuisance, cause a breach of the peace, constitute a danger to the public health, safety, welfare or morals, or interfere with the rights of abutting property owners;
c. Cancellation of the health department's public accommodation license, tax authority registration, or any other required permit; or
d. The securing of the registration permit by fraud or misrepresentation, to specifically include including but not limited to supplying false or incorrect information on the registration permit application.
2. Procedure. Should the director decide to suspend or revoke a registration permit, the registrant permittee will be given notice and an opportunity to respond following the
procedures in this subsection, except that should the director determine the short term rental or its operation present a safety hazard or require immediate remedy, the director may order operation of the short term rental to cease immediately.
a. The registrant permittee will be notified in writing by the director at least seven days prior to the action contemplated and the reasons therefore.
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b. Upon receipt of the notice, the registrant permittee may request a meeting with the director. Such request must be in writing and must be received by the director within seven days of the permittee registrant's receipt of the notice. Failure on the part of the registrant permittee to request in writing a meeting and within the
specified time period shall be a waiver of the permittee registrant's right to a
meeting.
c. If a meeting is requested by the registrant permittee, the director will set a time, date and place and will so notify the registrant permittee, in writing.
d. When a meeting is conducted, the city will present the evidence supporting the
contemplated action. The director may request evidence be presented by other
parties. The registrant permittee may present evidence. The director will take all evidence admitted under advisement and once a decision has been made the director will notify the registrant permittee of the findings and decision in writing.
3. Civil Penalty. The director may recover the following civil penalties for any violation
of this section. Each day a violation continues constitutes a separate violation.
a. For any violation by an owner, the director may recover a civil penalty of not more than $500.00.
b. For any violation by a hosting platform, the director may recover a civil penalty of not more than $500.00.
34. Appeal. Any person An aggrieved person by a decision of the director will have the
right may file an application to appeal the matter to the city commission according to by following the procedures in section 38.250.030.
45. Unpaid fee constitutes debt. The amount of any unpaid fee, the payment of which is required hereunder, constitutes a debt due the city.
56. Violation constitutes a misdemeanor. In addition to suspension or revocation under
subsection A of this section, or the imposition of a civil penalty as provided herein, a knowing
violation of this article constitutes a misdemeanor punishable as described in section
38.200.160 except a person may not be imprisoned for a violation of this section.
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
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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 be codified as indicated in Section 2.
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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 June, 2023.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
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Ordinance No. 2131, (Generally Revise Regulations of Short Term Rentals)
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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 11th of
July, 2023. The effective date of this ordinance is August 11, 2023.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
177
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 2138, Final Adoption of the North 8th Zone Map Amendment
Requesting Amendment of the City Zoning Map to Change the Zoning on
0.4828 Acres from R-4 (High Density Residential District) to R-5 (Residential
Mixed-Use High Density District), Located on the Southwest Corner of North
8th Avenue and West Lamme Street, Application 22366
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Finally approve Ordinance 2138.
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 owner, Dark Horse Properties, LLC, and applicant, Intrinsik Architecture,
submitted an application to rezone three parcels totaling 0.4828 acres from
R-4 to R-5. The properties currently host a variety of residential and
accessory structures with alley access. Future development plans were not
submitted, or required, with the application. However, based on the
applicant narrative it appears future development will be residential with
the possibility utilization of the affordable housing incentives.
The property is directly adjacent to the Midtown Urban Renewal District but
not within the boundaries of the district. The primary differences between
the R-4 and R-5 districts are in permitted uses and dimensional standards. R-
5 allows limited restaurant and retail uses and requires less land area per
residential unit, allows 10 more feet of height or five stories, smaller
setbacks, less parking, and no restrictions on lot coverage. Application
materials can be viewed on the City’s development map at the following
link. Application materials.
The City Commission held a public hearing on this application on April 4,
2023 and voted unanimously (5:0) to approve the application. All application
material can be viewed at the following link. April 4, 2023 video recording .
178
Cover memo with staff report.
A noticing error was discovered after the public hearing on April 4, 2023.
The adjacent property owners list prepared by the applicant was not
complete pursuant to section 38.220.420, BMC. A revised property list was
created and full public notice pursuant to section 38.220.420 was
commenced for provisional Ordinance adoption. Public comment has been
submitted. Public comments.
On June 6, 2023 the Commission provisionally adopted Ordinance 2138.
UNRESOLVED ISSUES:None
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.
Attachments:
22007974 X-ZMA-4.5.23.pdf
22366 North 8th Ordinance 2138.pdf
Report compiled on: June 28, 2023
179
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Ord 2138
Page 1 of 5
ORDINANCE 2138
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE LAND
FROM R-4, RESIDENTIAL HIGH DENSITY, TO R-5, RESIDENTIAL MIXED-USE
HIGH DENSITY DISTRICT, ON 0.4828 ACRES, KNOWN AS THE NORTH 8TH ZONE
MAP AMENDMENT, APPLICATION 22366.
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 rezone an existing parcel from R-4 (Residential High Density) to R-5
(Residential Mixed-Use High Density District) for approximately 0.4828 acres has been properly
submitted, reviewed, and advertised; and
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Ordinance No. 2138, North 8th ZMA
Page 2 of 5
WHEREAS, after proper notice, the Bozeman Community Development Board acting in
their capacity as the Zoning Commission held a public hearing on March 6, 2023 to receive and
review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that application No. 22366 the North 8th Zone Map Amendment, be approved as
requested by the applicant; and
WHEREAS, the City Commission held its public hearing on April 4, 2023, to receive and
review all written and oral testimony on the request for the zone map amendment; and
WHEREAS, an error was discovered regarding the notice required by Bozeman Municipal
Code section 38.220.420, requiring a correct public notice and another public hearing for the
Ordinance; and
WHEREAS, after proper notice, the City Commission held a public hearing for
provisional adoption of Ordinance No. 2138 at its public hearing on June 6, 2023, 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
That the zoning district designation of the following-described property is hereby designated as
R-5, Residential Mixed-Use High Density District:
An area of land comprised described as follows:
Lots 1, 2, 3, 4, 5 and 6, Block 7, SPRINGBROOK ADDITION TO BOZEMAN, [Plat B-
24], according to the plat thereof, on file and of record in the office of the Clerk and
Recorder, Gallatin County, Montana, and located in the Northeast Quarter of Section 12,
Township 2 South, Range 5 East of P.M.M., together with portions of the adjacent North
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Ordinance No. 2138, North 8th ZMA
Page 3 of 5
8th Avenue right of way, West Lamme Street right of way and Alley right of way, all
described as follows:
Beginning at the southeast corner of Lot 6 of said Block 7; thence westerly 272°33'11",
assumed azimuth from north, 150.18 feet along the south line of said Lot 6 and its westerly
extension to the centerline of the alley in said Block 7; thence northerly 002°35'37" azimuth
180.00 feet along said centerline to the centerline of Lamme St; thence easterly 092°40'15"
azimuth 180.23 feet along last said centerline to the centerline of 8th Avenue; thence
southerly 182°35'48" azimuth 180.00 feet along last said centerline to the easterly
extension of the south line of said Lot 6; thence westerly 272°33'11" azimuth 30.00 feet
along the last said extension to the point of beginning.
Area of Lots equals 21,031 square feet, 0.4828 acre or 1,953.8 square meters
Area of Alley equals 1,500 square feet, 0.0344 acre or 139.4 square meters
Area of 8th Avenue and Lamme Street ROW = 10,207 square feet, 0.2343 acre or 948.3
square meters
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.
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.
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Ordinance No. 2138, North 8th ZMA
Page 4 of 5
Section 5
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 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance No. 2138, North 8th 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 11th day of July, 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
185
Memorandum
REPORT TO:City Commission
FROM:Mayor Cynthia L. Andrus
SUBJECT:Mayoral Proclamation Proclaiming Americans with Disabilities Act Month
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Mayoral Proclamation Proclaiming Americans with Disabilities Act Month
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:To proclaim July as American's with Disabilities Act Month
UNRESOLVED ISSUES:none
ALTERNATIVES:none
FISCAL EFFECTS:none
Attachments:
ADA Month.pdf
Report compiled on: July 5, 2023
186
Proclamation for Americans with Disabilities Act Month
WHEREAS, the disability community is the largest minority group in the country where anyone,
regardless of race, gender identity, income, or life experience, can join or leave at any time; and
WHEREAS, the historic civil rights law, The Americans with Disabilities Act, was signed on July 26, 1990,
affirming the inherent dignity and access to equal opportunity for every person, regardless of disability;
and
WHEREAS, in the spirit and intent of the Americans with Disabilities Act, the City of Bozeman
celebrates its continued commitment to removing barriers to equal and equitable opportunity to access
our community, including full participation in programs, activities, economic opportunities, housing,
health care, transportation, recreation and many other areas of daily life in Bozeman.
NOW, THEREFORE, I, Cynthia Andrus, Mayor of the City of Bozeman, in honor of the 33rd Anniversary of
the Americans with Disabilities Act, do hereby proclaim the month of July 2023 as
“AMERICANS WITH DISABILITIES ACT MONTH”
In doing so, I recognize all the hard work advocates, policymakers, and people with disabilities have
accomplished to ensure access to the same rights, opportunities, and privileges afforded to all our
community members are afforded to people with disabilities.
Signed and Proclaimed this 11th day of July, 2023.
_________________________________
Cynthia L. Andrus
Mayor, Bozeman, Montana
187
Memorandum
REPORT TO:City Commission
FROM:Dani Hess, Community Engagement Coordinator
Nakeisha Lyon, Associate Planner
SUBJECT:Belonging in Bozeman Plan Quarterly Update
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:NA
STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity
through policies and public awareness.
BACKGROUND:This presentation provides a quarterly update on the progress to develop
the city's Belonging in Bozeman Equity & Inclusion Plan. The Belonging in
Bozeman Plan follows through on the commitment made in both Resolution
5384 establishing the City as a City for CEDAW, as well as the Inclusive City
Report to develop a community wide action plan.
The Equity & Inclusion Plan is guided by existing data from the Equity
Indicators Project, ongoing data collection efforts set forth in the CEDAW
resolution, and will recommend polices, practices, and programs to address
disparities found in the data. The purpose of the plan is to ensure that every
resident, visitor, and City of Bozeman employee feels welcomed, valued, and
can thrive no matter their race, identity, or life circumstance.
Highlights from the work that has occurred since the last quarterly update
presented to City Commission in April 2023 include work with our
Community Liaisons, gathering input on the vision statements that will guide
the goals and actions of the plan, developing Community Chat toolkits, and
consulting with historians and knowledge holders for the development of
the historical narrative section of the plan. This quarterly update will
summarize the progress made in these areas.
Community Liaisons
Community liaisons representing the LGBTQ+ Community and disability
community have been working to engage their networks in the development
of the plan so far. Here are some highlights from their work!
Tabling about LGBTQ+ community safety and spaces to connect with
others
Meeting with members of the LGBTQ+ community about safety
188
concerns, developing relationships with local law enforcement, and
coordinated response to safety threats
Hosting a series of Community Chats for people with disabilities
throughout the month of July in recognition of the 33rd Anniversary of
the Americans with Disabilities Act on July 26th
Vision Statements
The community survey to gather reactions and input on the vision
statements for the plan received almost 400 responses. This survey sought
to measure how well the vision statements reflected the experiences of
individuals and the communities they belong to, as well as the urgency of
each topic. Each vision statement corresponds to one of the topic areas
established in the Equity Indicators Project. The Economic Vitality Board,
external Steering Committee, internal Belonging in Bozeman Core Team, and
the Migrant Community Coordination group also provided input to the
project team on the draft statements. The finalized vision statements and a
full report of survey results will be shared soon with the public at
engage.bozeman.net/belonging. The Vision Statements will serve as the
aspirational "true north" that will guide the goals, actions, and
recommendations in the plan.
Community Chats
Save the date for the week of August 7th for our Community Chats open to
all community members! We will be posting a Community Chat toolkit to
support folks in hosting their own Community Chat with friends, neighbors,
and/or colleagues, as well as holding a training for people who would like to
learn more and be prepared to host. More info coming soon on
engage.bozeman.net/belonging.
Historical narrative workshop
We are working with the Extreme History Project to develop the historical
narrative for the Belonging in Bozeman plan as told through the perspective
of people who have been traditionally left out of the dominant narrative.
This includes women, people of color, LGBTQ+ people, people with
disabilities, and indigenous people. We held a workshop in June to hear
peoples stories and feedback on what key moments, people, and themes
should be uplifted in the narrative.
Next steps for the project are to host a joint workshop with the Belonging in
Bozeman core team and external steering committee to gather feedback on
the draft goals for the plan and begin developing actions and
recommendations to achieve the plans goals and vision statements. This will
be held in early August. The Economic Vitality Board will also have a work
session on the plan at their August meeting. And finally, Community Chats
will be happening across the Bozeman area August 7-11. All of the input
from these upcoming engagement opportunities will inform a draft plan that
our steering committee, core team, and Economic Vitality Board will
continue to refine. The next update to City Commission will be in October,
189
with an anticipated consideration for final adoption by City Commission by
the end of the year.
UNRESOLVED ISSUES:NA
ALTERNATIVES:NA
FISCAL EFFECTS:NA
Report compiled on: June 28, 2023
190
Memorandum
REPORT TO:City Commission
FROM:Mike Veselik, Economic Development Program Manager
Brit Fontenot, Economic Development Director
Kira Peters, Assistant City Manager
SUBJECT:Resolution 5495 To Increase Permit Fees in the University Residential
Parking Permit District and the Bozeman High School Residential Parking
Permit District
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:I move to approve Resolution 5495 To Increase Permit Fees in the University
Residential Parking Permit District and the Bozeman High School Residential
Parking Permit District
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 City Commission is responsible for establishing permit rates in the
University Residential Parking Permit District and the Bozeman High School
Parking Permit District. The Transportation Advisory Board voted 5-0 to
recommend the City Commission adopt Resolution 5495. The attached staff
memo and excel spreadsheet has additional information about the districts
and their finances.
UNRESOLVED ISSUES:No unresolved issues
ALTERNATIVES:No alternatives
FISCAL EFFECTS:The city will collect an additional $5 in revenue per permit. If the City sells
approximately 1,500 permits between the two districts which would follow
recent trends, then the Parking Division would collect $7,500 in additional
revenue to close some of the current gap between revenues and
expenditures.
Attachments:
Resolution 5495 MSU and BHS Residential Permit Fees.docx
CC Memo--Permit Rates for RPPD and BHS Permit Districts
FY24.doc
RPPD and BHS FY23 Budget.pdf
191
Report compiled on: June 1, 2023
192
Version February 2023
RESOLUTION 5495
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, to
increase permit fees in the University Residential Parking Permit District and the Bozeman High
School Residential Parking Permit District
WHEREAS,the Residential Parking permit districts were established in Bozeman
Municipal Code Sec. 36.04.360 and Sec. 36.04.365 to ensure residents had access to on-street
parking in their neighborhoods.
WHEREAS,the Parking Commission and City Commission are responsible for establishing
permit rates in said districts as stated in in Bozeman Municipal Code Sec. 36.04.360(F) and Sec.
36.04.365(F).
WHEREAS, the Parking Program is an enterprise fund and therefore must generate
revenue to cover the costs of operating the program. Best practice in the industry is that permit
fees pay for operating permit districts and enforcement fines pay for enforcement operations.
WHEREAS, the program has seen a decline in the number of permits purchased and rising
costs in paying for the operations.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, parking permit fees for all types of permits in both the University Residential Parking
Permit District and the Bozeman High School Parking Permit District are increased by $5 to $35
per anuum with a $1.75 service fee included by the software provider. The total cost of a permit
for a year is $36.75,
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____.
193
Version February 2023
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
194
Page 1 of 2
MEMORANDUM
REPORT TO:Bozeman City Commission
FROM:Mike Veselik, Economic Development Program Manager
RE:Resolution 5495 MSU and BHS Residential Permit Fees
MEETING DATE:July 11, 2023
AGENDA ITEM: Action Item
RECOMMENDATION: Increase the permit fees in the two residential permit
districts by $5 to cover increasing costs and falling permit purchases.
BACKGROUND: City of Bozeman Parking Division staff held community
engagement session with residents of the University Residential Parking Permit
District (RPPD) and the Bozeman High School Permit District during Winter 2021.
At the time, residents asked for more transparency in the budgeting process for
permits in their districts.
Staff proposed formulating a new budget for how permit fees are allocated to cover
expenditures in the district. The permit fees would only cover the costs of
administering the district, not the cost of enforcing the district. Using permit fees for
administration and citation fees for enforcement is considered best practice in the
parking industry.
This year is the second year staff prepared a new budget for the district. It is
included in the packet for the Commission’s consideration. The packet includes
information about fees collected over the last year and the costs for running the
district.
RESIDENTIAL PARKING PERMIT DISTRICT FEES: Staff is recommending the City
Commission increase permit fees by $5 for FY2024. As reflected in the budget
presented, permit sales were below staff’s initial estimates for the 2022-2023
permit cycle.
For several years before, staff had tracked declining permit sales, except for an
uptick last year. The uptick in permit sales is attributed to a well organized
neighborhood association that assists in promoting permit sales, finance staff
195
Page 2 of 2
distributing renewal notices in a timely manner, and parking enforcement officers
providing consistent enforcement in the district especially when permit renewals
occur. However, this year, sales did not keep up with projections for increases.
Staff has included money to develop a comprehensive parking management plan for
the city in the recommended FY24 budget. One goal of this plan will be to evaluate
both residential parking permit districts. The evaluation would include data
collection, community engagement, and a recommendation for how to improve the
efficacy and performance of the district.
For the cost side of the budget, staff included personnel costs for the parking
manager and finance staff who administer the district. Parking staff process more
than 2,000 applications for parking permits in only a few weeks during renewal
season. Additionally, staff routinely assists residents with parking holidays, permit
renewals, and anything else that might arise in relation to the district. Finally, costs
also include a portion of the insurance and internal overhead costs the parking
division incurs.
Staff was able to eliminate the cost of a subscription fee for the software used to
administer permits through the transition to Passport. The fee for permits include in
a convenience fee of $1.75 added at the time of sale for permits renewed on an
annual basis.
CONCLUSION: Staff has concluded based on the costs, permit sales, and projected
revenue into next year that the permit fees for both the University Residential
Parking Permit District and the High School District should increase by $5. The
Transportation Advisory Board recommended adoption of the resolution 5-0.
196
FY23 BUDGET
REVENUE FY 23 BUDGET FY 23 ACTUAL
%
EARNED
YTD
RESIDENTIAL NGHBD. PERMITS 36,743.00$ $30,810.00 84%
EMPLOYEE NGBHD. PERMITS 6,000.00$ $5,970.00 100%
VISITOR NGBHD. PERMITS 14,730.00$ $8,160.00 55%
TOTAL 57,473.00$ 44,940.00$ 78%
EXPENDITURE FY23 BUDGET FY23 ACTUAL
% SPENT
YTD
ADMIN - PERSONNEL 52,076.57$ 47,736.86$ 92%
ADMIN - OPERATING 16,000.00$ 13,505.20$ 84%
TOTAL 68,076.57$ 61,242.06$ 90%
Permtis Sold 2023 2022 % Change
MSU PERMITS 1333 1241 7%
BHS PERMITS 134 147 -9%
RESIDENTIAL PARKING PERMIT DISTRICT
197
Memorandum
REPORT TO:City Commission
FROM:Melissa Hodnett, Finance Director
Kaitlin Johnson, Budget Analyst
Jeff Mihelich, City Manager
SUBJECT:Resolution 5486 Adopting Fiscal Year (FY) 2023-24 Budget
MEETING DATE:July 11, 2023
AGENDA ITEM TYPE:Finance
RECOMMENDATION:I move to approve Resolution 5486 adopting the City's Fiscal Year 2024
Budget
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:
We are pleased to present to you the City Manager Recommended Budget
for Fiscal Year 2023-2024 (FY24). The recommended budget represents the
thoughtful work of dozens of people across all departments to ensure an
informed projection of FY24 in support of the City Commission Strategic
Plan. Bozeman is a vital, growing, and changing city, which presents
significant challenges including balancing community needs, like
infrastructure and public safety, with affordability and pressure on the
allocation of limited City resources. The recommended budget focuses on
maintaining or improving our level of service to the community as it relates
to public safety, community health & safety, and affordable housing.
Municipal budgets serve a number of important functions. In addition to
laying out a spending plan for the City and allocating resources to meet the
diverse needs of the community, Bozeman’s budget:
Is a principal policy and management tool for the City’s administration,
reflecting and defining the annual work program;
Provides a framework for the City to accomplish its vision and strategic
plan; and
Reflects core City values of integrity, leadership, service, and
teamwork.
198
The FY24 City Manager Recommended Budget is available online at FY24 City
Manager Recommended Budget. In addition to begin available online, a copy
of the FY24 City Manager Recommended Budget is available at the Bozeman
Public Library.
Budget presentations highlighting the General Fund, Special Revenue Funds,
Debt Service Funds, Construction Funds, Enterprise Funds and Internal
Service Funds took place on June 13, 2023 and June 27, 2023. Public
hearings were held at each presentation.
The City-wide expenditure budget is estimated to be $317.9M in total.
Excluding transfers between funds, the budget is estimated to be $285.8M.
The majority of expenditures are in capital outlay. A total of $154.4M in
capital spending includes $102M budgeted for the Bozeman Community
Center anticipated to be on the ballot for voter approval this fall.
The impact of decreased property taxes, and increases to special district
assessments and utility bills result in a total estimated impact to the median
homeowner of 2.8% vs FY23, based on a median household taxable value of
$467,000 and a lot size of 7,500 sq ft. Water usage is estimated to be 8.5-
HCF.
UNRESOLVED ISSUES:None
ALTERNATIVES:If there are changes the City Commission would like to make to the City
Manager's Recommended Budget, they can be adopted by motion.
FISCAL EFFECTS:Fiscal effects have been discussed during budget presentations, and are
included in the FY24 City Manager's Recommended Budget document linked
above and available at the Bozeman Public Library. Page 21 of the
recommended budget includes the recommended budget by fund.
Attachments:
Resolution 5486 Adopting Fiscal Year (FY) 2023-24
Budget.docx
Report compiled on: June 1, 2023
199
RESOLUTION 5486
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
APPROPRIATING FUNDS FOR VARIOUS BUDGET UNITS, AND FURTHER ESTIMATING REVENUE
NECESSARY TO OPERATE AND MAINTAIN SERVICES OF MUNICIPAL GOVERNMENT FOR THE
FISCAL YEAR ENDING JUNE 30, 2024.
WHEREAS,the City Commission did, on the 6th day of June, 2023, receive the City
Manager’s Budget Recommendations for Fiscal Year 2023-2024 (FY24); and
WHEREAS,the City Commission did, on June 13th and June 27th hold Budget Work
Sessions that were open to the public to discuss the details of the Recommended Budget and
make changes to the same; and
WHEREAS, the City Commission did on the 11th day of July, 2023, after due and proper
legal notice, conduct a public hearing on the proposed municipal budget.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit:
Section 1
The City Commission of the City of Bozeman, Montana, does hereby authorize and
appropriate expenditures of governmental fund types (general fund, special revenues funds,
debt service funds and capital project funds) and expenses for proprietary fund types (enterprise
funds and internal service funds) and fiduciary fund types (permanent funds) for budget units
200
Ver Resolution 5486, Appropriating Funds for Fiscal Year ending June 30, 2024
2
and purposes set forth below, in the amounts designated herein, as follows. The City Commission
further authorizes and re-appropriates the unexpended balance of Capital Improvement
Program & repair and equipment items as approved by the City Manager which were previously
budgeted and have not been completed.
Budget Unit Appropriations
General Fund 55,639,000$
Special Revenue Funds 72,188,400
Debt Service Funds 5,169,900
Construction Funds 116,367,700
Enterprise Funds 52,270,300
Internal Service Funds 16,221,900
Permanent Funds -
Grand Total - Appropriations 317,857,200$
Section 2
The City Commission of the City of Bozeman, Montana does hereby estimate revenues
for the various funds, as follows:
Budget Unit Estimated Revenues
General Fund 53,523,200$
Special Revenue Funds 58,617,000
Debt Service Funds 5,532,200
Construction Funds 115,711,700
Enterprise Funds 56,591,900
Internal Service Funds 21,188,600
Permanent Funds 86,700
Grand Total - Estimated Revenues 311,251,300$
201
Ver Resolution 5486, Appropriating Funds for Fiscal Year ending June 30, 2024
3
Section 3
The budget information contained in the "City Manager's Recommended Budget for
Fiscal Year 2023-2024" document pertaining to Policy Direction, Fiscal Policy, and the specific
information concerning budgeting for each fund, as may be subsequently amended prior to final
adoption of the budget, are hereby incorporated into the document entitled "Approved Budget
for Fiscal Year 2023-2024" and are hereby adopted as reference.
Section 4
Annual appropriations and transfer out for various departments for Fiscal Year 2023-
2024 will be controlled and monitored for budgetary compliance at the budget unit level.
Section 5
Pursuant to Sections 7-6-4006 and 7-6-4012, M.C.A., the City Commission hereby
delegates appropriation and budget amendment authority to the City Manager for the
expenditures from the following funds: debt service funds; fee-based budgets; trust funds;
federal, state and private grants accepted and approved by the City Commission; special
assessments; monies borrowed during the year; proceeds from sale of land; and funds for gifts
or donations.
Section 6
Pursuant to Section 7-6-4030, M.C.A., this resolution, upon its passage, shall be in full
force and effect as of July 1, 2023.
Section 7
That upon this resolution becoming effective, as provided in Section 6 above, all
resolutions and parts thereof in conflict herewith are hereby repealed.
Section 8
That should it be found by any court of competent jurisdiction that any section, clause,
portion, sentence, word, or phrase of this resolution is deemed to be contrary to any existing law
or regulations, that in this instance, it is the intent of the City Commission of the City of Bozeman,
Montana, that all other portions, sections, words, clauses, phrases, or paragraphs of this
document shall remain in full force and effect.
202
Ver Resolution 5486, Appropriating Funds for Fiscal Year ending June 30, 2024
4
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 July, 2023.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
203
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