HomeMy WebLinkAbout10-17-23 City Commission Meeting Agenda and 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:
Via Video Conference:
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-
person
United States Toll
+1 669 900 9128
Access code: 933 7244 1920
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.FYI
E.Commission Disclosures
F.Consent
F.1 Accept the Resignation of City Commissioner I-Ho Pomeroy (Sullivan)
F.2 Accounts Payable Claims Review and Approval (Waters)
F.3 Authorize the City Manager to Accept the Police Department Byrne Memorial Justice Grant
(JAG) Award(McNeil)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, October 17, 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.
1
F.4 Authorize the City Manager to Accept the Adult Drug Court Discretionary Grant
Award(Boundy)
F.5 Authorize the City Manager to sign Memorandum of Understanding for the City-County
Solid Waste Transfer Station(Ross)
F.6 Authorize the City Manager to sign a Lease-Purchase Agreement with Lease Servicing
Center, Inc dba NCL Government Capital for a 2023 Elgin Broom Bear Sweeper(Van Delinder)
F.7 Authorize the City Manager to Sign a Professional Services Agreement with Community
Planning Collaborative for the Historic Preservation Policy and Local Landmark
Program.(Rosenberg)
F.8 Authorize the City Manager to Sign a Professional Services Agreement with Montana Boiler
Service, Inc.(Radcliffe)
F.9 Authorize the City Manager to Sign a Second Contract Extension Amendment for One
Additional Year with Neo Solutions Inc(Radcliffe)
F.10 Resolution 5533, Annexation of 20.515 Acres, the 4840 Fowler Lane Annexation ,
Application 22383.(Cramblet)
F.11 Ordinance 2150, Final Adoption of the 4840 Fowler Lane Zone Map Amendment Initially
Establishing an R-4, Residential High Density District Zone to 20.515 Acres in Association
with Annexation of the Same, Resolution 5533, the 4840 Fowler Lane Annexation,
Application 22383.(Cramblet)
G.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.
H.Action Items
H.1 Ordinance 2149, Provisional Adoption of the Short Term Rentals Text Amendment,
Application 23281(George)
I.Work Session
I.1 Belonging in Bozeman Plan Work Session(Hess & Lyon)
J.Appointments
J.1 Appointment to the Gallatin Valley Urban Transit District Board (Maas)
2
K.FYI / Discussion
L.Adjournment
City Commission meetings are open to all members of the public. If you have a disability and require
assistance, please contact the City for ADA coordination, 406.582.2306 (TDD 406.582.2301).
Commission meetings are televised live on cable channel 190 and streamed live on our Meeting
Videos Page.
3
Memorandum
REPORT TO:City Commission
FROM:Greg Sullivan, City Attorney
SUBJECT:Accept the Resignation of City Commissioner I-Ho Pomeroy
MEETING DATE:October 17, 2023
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Accept City Commissioner I-Ho Pomeroy’s resignation effective Wednesday,
November 1, 2023.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:On October 2, 2023, City Commissioner I-Ho Pomeroy submitted her letter
of resignation from office effective November 1, 2023. Commissioner
Pomeroy’s notice of resignation is attached. The purpose of this agenda item
is for the Commission to formally accept the resignation. By approving this
consent item the Commission will formally accept I-Ho Pomeroy’s
resignation.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:None identified.
Attachments:
Commissioner Pomeroy Resignation of 10-02-23.pdf
Ad for CC vacancy.docx
Report compiled on: October 4, 2023
4
5
Public Notice of Vacancy on the Bozeman City Commission
And Invitation to Submit Statement of Qualifications and Interest
The Bozeman City Commission notifies the citizens of the city of Bozeman that a vacancy exists
in the office of a Bozeman City Commissioner. The Commission requests any registered voter of
the City of Bozeman with their primary residence within city limits and who meets the
requirements of holding public office in Montana, interested in being appointed to the office of
City Commissioner to submit a statement indicating their qualifications for and interest in the
office of City Commissioner.
The statement must be no more than 1000 words and received in the Bozeman City Clerk’s
office no later than 5:00 p.m. on Thursday, November 16, 2023. Candidates and information
received by the Clerk after this deadline will not be considered by the Commission. Candidates
mustprovide five printed copies andemail the statement to agenda@bozeman.net. The required
information must be delivered to the Clerk’s office located at Bozeman City Hall, 121 N. Rouse
Ave or by mailing it to: Bozeman City Clerk, P.O. Box 1230 Bozeman, MT 59771-1230. Mailed
submittals must be received by the above deadline. All information submitted will be considered
public information and will be available to the public via the City Clerk and may be posted on the
city’s website at www.bozeman.net for public viewing on or about November 17, 2023.
The City Commission may make a decision on appointment as early as the regularly scheduled
meeting on Tuesday, November 28, 2023.
The public is encouraged to submit comments on the process of appointment or on individual
candidates to the City Clerk’s Office. You may also email comments to agenda@bozeman.net.
Publish:
October 21, 2023
October 25, 2023
October 28, 2023
November 1, 2023
November 4, 2023
November 8, 2023
November 11, 2023
November 15, 2023
6
Memorandum
REPORT TO:City Commission
FROM:Nadine Waters, Accounts Payable Clerk
Nicole Armstrong, Accounts Payable Clerk
Aaron Funk, City Controller
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:October 17, 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 October 11, 2023, as
there was no commission meeting on October 10, 2023.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
https://www.bozeman.net/departments/finance/purchasing.
Report compiled on: September 22, 2023
7
Memorandum
REPORT TO:City Commission
FROM:
Dana McNeil, Detective Captain
Jim Veltkamp, Chief of Police
Jeff Mihelich, City Manger
SUBJECT:Authorize the City Manager to Accept the Police Department Byrne
Memorial Justice Grant (JAG) Award
MEETING DATE:October 17, 2023
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to accept the Byrne Memorial Justice Grant
(JAG) that was awarded to the Bozeman Police Department to support
technology improvements in the police department computer forensics lab.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:The Byrne Memorial Justice Assistance Grant (JAG) Program is a leading
source of federal justice funding to state and local jurisdictions. The JAG
Program provides local governments with critical funding necessary to
support a range of program areas including law enforcement, crime
prevention, technology improvement, and similar items. The intention is to
acquire grant funds to help fund technology improvements to the recently
staffed computer forensics lab, as well as continue to fund efforts related to
human trafficking and child exploitation. The BPD was awarded $23,675.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:This grant will assist the police department in funding the new computer
forensics lab located in the BPSC, which would otherwise necessitate the use
of City general funds.
Attachments:
Department of Justice Award Notification.pdf
Byrne Memorial Justice Grant Supporting Narrative.pdf
8
Report compiled on: September 28, 2023
9
Department of Justice (DOJ)
Office of Justice Programs
Office of Communications
Washington, D.C. 20530
AWARD NOTIFICATION Award Number: 15PBJA-23-GG-03578-JAGX
Name and Address of Recipient: CITY OF BOZEMAN
121 N ROUSE AVENUE
PO BOX 1230
City, State and Zip:BOZEMAN, MT 59715
Recipient Point of Contact: Aaron Funk
Email:afunk@bozeman.net
Phone:4065822335
Solicitation Title: BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local
Solicitation
Federal Award Amount: $23,675.00
Federal Award Date: 9/25/23
Awarding Agency: Office of Justice Programs
Bureau of Justice Assistance
Award Type:Initial
Statutory Authority:Title I of Public Law 90-351 (generally codified at 34
U.S.C. 10101-10726), including subpart 1 of part E
(codified at 34 U.S.C. 10151-10158); see also 28
U.S.C. 530C(a)
Opportunity
Category:
Discretionary
Assistance Listing Number:16.738
Page 1 of 2
10
Project Period Start Date: 10/1/22
Project Period End Date: 9/30/24
Project Description:
In pursuit of enhanced digital crime investigations, the Bozeman Police Department seeks grant funding to
upgrade its computer forensics lab. This proposal aims to modernize equipment, facility, and training, with
the primary goal of improving service quality to the community and region. Particular emphasis of this
project is to assist in the investigation of human trafficking, and crimes of sexual violence and exploitation,
however, digital forensics touch on nearly every type of crime. By revitalizing the lab, the department
envisions more efficient evidence handling, faster investigations, and reduced workload for officers and
investigators. The proposed grant support would contribute significantly to advancing law enforcement
capabilities and ensuring effective justice administration in the digital era.
For more information about this award, please contact the OJP Office of Communications at 202-307-0703 or
OJP.OCOM@ojp.usdoj.gov.
Page 2 of 2
11
12
13
Memorandum
REPORT TO:City Commission
FROM:Renee Boundy
SUBJECT:Authorize the City Manager to Accept the Adult Drug Court Discretionary
Grant Award
MEETING DATE:October 17, 2023
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to Accept the Adult Drug Court Discretionary
Grant Award (Award #:15BPJA-23-GG-04278-DGCT).
STRATEGIC PLAN:3.2 Health & Safety Action: Work with our partners to improve education,
public awareness, and to coordinate programs concerning emergency
services, criminal justice, and important social services.
BACKGROUND:The Bureau of Justice Assistance Adult Treatment Court Discretionary Grant
(15PBJA-23-GG-04278-DGCT) will be used to plan and implement a
misdemeanor DUI Court in the Bozeman Municipal Court. This grant is very
similar to the planning and implementation grant used to start the Bozeman
VETS Treatment Court. This program is a collaborative effort between city
and county agencies and community stakeholders. Gallatin County Justice
Court and Bozeman Municipal Court issued a combined 805 DUI citations in
2022. The Bozeman Regional Impaired Drivers Gaining Effective
Rehabilitation Services (BRIDGERS) DUI Court complements the Streets Are
For Everyone (SAFE) Engagement project with an evidence based program
that increases treatment, support and accountability for offenders with
multiple and aggravated DUI Convictions. This results in reduced recidivism
which enhances public safety and reduces tax payer burden. It will also
complement the work of the Gallatin County Mental Health Coalition and
the strategic planning efforts of the Gallatin County Criminal Justice
Coordinating Committee. The application was approved by the Commission
on April 11 and submitted on April 18. We received the award notification
on September 27.
UNRESOLVED ISSUES:There are no unresolved issues.
ALTERNATIVES:No alternatives for planning and implementing a DUI Court have been
explored.
FISCAL EFFECTS:The grant is for $900,000 dollars over a four year period. The grant requires
$300,000 of matching funds. The matching funds will be a combination of
14
salaries and supplies already budgeted by the City of Bozeman and
community partners. No additional funding will be requested from the
general operating budget to meet the match requirements. Post grant the
BRIDGERS DUI Court will be funded through a collaboration between all
community partners.
Attachments:
Award Acceptance
BJA Drug Court Planning and Implementation Grant
Application Package.pdf
Report compiled on: October 3, 2023
15
Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance
Washington, D.C. 20531
Name and Address of Recipient: CITY OF BOZEMAN
121 N ROUSE AVENUE
PO BOX 1230
City, State and Zip:BOZEMAN, MT 59715
Recipient UEI:EEAPKALAEM35
Project Title: Bozeman Regional Impaired
Drivers Gaining Effective Rehabilitation
(BRIDGERS) DUI Treatment Court
Award Number: 15PBJA-23-GG-04278-DGCT
Solicitation Title: BJA FY 2023 Adult Treatment Court Site-Based
Federal Award Amount: $896,372.00 Federal Award Date: 9/27/23
Awarding Agency: Office of Justice Programs
Bureau of Justice Assistance
Funding Instrument Type:Grant
Opportunity Category: D
Assistance Listing:
16.585 - Treatment Court Discretionary Grant Program
Project Period Start Date: 10/1/23 Project Period End Date: 9/30/27
Budget Period Start Date: 10/1/23 Budget Period End Date: 9/30/27
Project Description:
The Bozeman Municipal Court proposes to use the Bureau of Justice Assistance Adult Treatment Court
Discretionary Grant Program Category 1 Planning and Implementation funding. This court will promote racial equity
through all phases of design, implementation, and maintenance (Priority Consideration 1.A). The details of this plan are
found on pages 4-5. The Bozeman Regional Impaired Drivers Getting Effective Rehabilitative Services (BRIDGERS)
DUI Treatment Court Program will serve post-conviction participants at the Bozeman Public Safety Center (901 N
Rouse, Bozeman, MT 59715). The anticipated budget is $1,196,372.00 with $896,372.00 supplied through this grant.
Over the lifetime of the grant, the court will serve 65 high-risk/high-need participants with 2nd, 3rd or Aggravated DUI
charges in a program designed to take between 12 and 18 months to complete. The average time in the program will
be 13-15 months. Finally, the court plans to make all appropriate FDA-approved medication-assisted treatments
available to participants through local providers.
The treatment court will adhere to the following National Center for DWI Courts’ 10 guiding principles (GP).
Determining the Population (GP#1) is covered on pages 3, 7, and 12. Perform a Clinical Assessment (GP #2) is
covered on pages 14 and 16. Developing the Treatment Plan is covered on pages 14 and 18. Supervising the Offender
(GP #4) is covered on pages 13-15 and 18. Forge Agency, Organization, and Community Partnerships (GP #5) is
covered on pages 4-6, 10 and 11.Take a Judicial Leadership Role (GP #6) is covered on pages 6 and 15. Develop
Case Management Strategies (GP #7) is covered on pages 13, 16, and 18. Addressing Transportation Issues (GP #8)
is covered on page 8. Evaluating the Program is covered on pages 4 and 19. Ensure a Sustainable Program (GP #10)
is covered on pages 6, 9, and 18.
The project is a collaboration between the City of Bozeman, Gallatin County, and community stakeholders. No
other federal funding is being used. Project activities will include organizing a multi-disciplinary team to guide
participants through the treatment court program, developing a leadership team to oversee policy and procedure
drafting, facilitating a steering committee to map long-term sustainable funding streams, developing an operations and
participant manual, conducting outreach to potential referral sources, and implementing the DUI treatment court.
Expected outcomes include serving 65 DUI offenders over the course of the 4-year grant, developing long-term
Page: 1 of 21
16
sustainable funding, and developing an aftercare program for graduates of the treatment court.
Page: 2 of 21
17
Award Letter
September 27, 2023
Dear Jeff Mihelich,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs
(OJP) has approved the application submitted by CITY OF BOZEMAN for an award under the funding opportunity
entitled 2023 BJA FY 2023 Adult Treatment Court Site-Based. The approved award amount is $896,372.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before
accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information,
Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award
Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but
also compliance with assurances and certifications that relate to conduct during the period of performance for the
award. These requirements encompass financial, administrative, and programmatic matters, as well as other important
matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the
assurances and certifications, and the application as approved by OJP, so that they understand the award
requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies
for non-compliance, which may include termination of the award and/or a requirement to repay award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator,
and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to
ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the
entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts
of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and
certification, within 45 days from the award date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if
you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received
an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
Amy Solomon
Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been
delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of
Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in
discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and
Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that
they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial
assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion,
disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender
identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these
civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/
Explore/LegalOverview/CivilRightsRequirements.htm.
Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals,
entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria.
These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department
Page: 3 of 21
18
are providing services in a nondiscriminatory manner to their service population or have employment practices that
meet equal-opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice
and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional
obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal
Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional
information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding
requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5).
The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ
grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination
responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at
askOCR@ojp.usdoj.gov.
Memorandum Regarding NEPA
NEPA Letter Type
OJP - Categorical Exclusion
NEPA Letter
None of the following activities will be conducted whether under the Office of Justice Programs federal action or
a related third party action:
(1) New construction
(2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located
within a 100-year flood plain, a wetland, or habitat for an endangered species
(3) A renovation that will change the basic prior use of a facility or significantly change its size
(4) Research and technology whose anticipated and future application could be expected to have an effect on the
environment
(5) Implementation of a program involving the use of chemicals (including the identification, seizure, or closure
of clandestine methamphetamine laboratories)
Additionally, the proposed action is neither a phase nor a segment of a project that when reviewed in its entirety
would not meet the criteria for a categorical exclusion.
Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion
as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations.
Questions about this determination may be directed to your grant manager or Orbin Terry, Environmental
Coordinator for the Bureau of Justice Assistance.
NEPA Coordinator
First Name
Orbin Middle Name Last Name
Terry
Page: 4 of 21
19
Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Recipient Information
Recipient Name
CITY OF BOZEMAN
UEI
EEAPKALAEM35
Street 1
121 N ROUSE AVENUE
Street 2
PO BOX 1230
City
BOZEMAN
State/U.S. Territory
Montana
Zip/Postal Code
59715
Country
United States
County/Parish
Province
Award Details
Federal Award Date
9/27/23
Award Type
Initial
Award Number
15PBJA-23-GG-04278-DGCT
Supplement Number
00
Federal Award Amount
$896,372.00
Funding Instrument Type
Grant
Assistance Listing
Number
Assistance Listings Program Title
16.585 Treatment Court Discretionary Grant Program
Statutory Authority
Pub. L. No. 90-351, Title I, Part EE (codified at 34 U.S.C. 10611 - 10619); Department of Justice Appropriations Act,
2023 (Pub. L. No. 117-328; 136 Stat. 4459, 4537)
[ ]
I have read and understand the information presented in this section of the Federal Award Instrument.
Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Page: 5 of 21
20
Information, Financial Information, and Award Conditions.
Solicitation Title
2023 BJA FY 2023 Adult Treatment Court Site-Based
Application Number
GRANT13845693
Awarding Agency
OJP
Program Office
BJA
Grant Manager Name
Tracy Lee-Williams
Phone Number
202-598-9695
E-mail Address
Tracy.Lee-Williams@usdoj.gov
Project Title
Bozeman Regional Impaired Drivers Gaining Effective Rehabilitation (BRIDGERS) DUI Treatment Court
Performance Period Start
Date
10/01/2023
Performance Period End Date
09/30/2027
Budget Period Start Date
10/01/2023
Budget Period End Date
09/30/2027
Project Description
The Bozeman Municipal Court proposes to use the Bureau of Justice Assistance Adult Treatment Court
Discretionary Grant Program Category 1 Planning and Implementation funding. This court will promote racial equity
through all phases of design, implementation, and maintenance (Priority Consideration 1.A). The details of this plan are
found on pages 4-5. The Bozeman Regional Impaired Drivers Getting Effective Rehabilitative Services (BRIDGERS)
DUI Treatment Court Program will serve post-conviction participants at the Bozeman Public Safety Center (901 N
Rouse, Bozeman, MT 59715). The anticipated budget is $1,196,372.00 with $896,372.00 supplied through this grant.
Over the lifetime of the grant, the court will serve 65 high-risk/high-need participants with 2nd, 3rd or Aggravated DUI
charges in a program designed to take between 12 and 18 months to complete. The average time in the program will
be 13-15 months. Finally, the court plans to make all appropriate FDA-approved medication-assisted treatments
available to participants through local providers.
The treatment court will adhere to the following National Center for DWI Courts’ 10 guiding principles (GP).
Determining the Population (GP#1) is covered on pages 3, 7, and 12. Perform a Clinical Assessment (GP #2) is
covered on pages 14 and 16. Developing the Treatment Plan is covered on pages 14 and 18. Supervising the Offender
(GP #4) is covered on pages 13-15 and 18. Forge Agency, Organization, and Community Partnerships (GP #5) is
covered on pages 4-6, 10 and 11.Take a Judicial Leadership Role (GP #6) is covered on pages 6 and 15. Develop
Case Management Strategies (GP #7) is covered on pages 13, 16, and 18. Addressing Transportation Issues (GP #8)
is covered on page 8. Evaluating the Program is covered on pages 4 and 19. Ensure a Sustainable Program (GP #10)
is covered on pages 6, 9, and 18.
The project is a collaboration between the City of Bozeman, Gallatin County, and community stakeholders. No
other federal funding is being used. Project activities will include organizing a multi-disciplinary team to guide
participants through the treatment court program, developing a leadership team to oversee policy and procedure
drafting, facilitating a steering committee to map long-term sustainable funding streams, developing an operations and
participant manual, conducting outreach to potential referral sources, and implementing the DUI treatment court.
Expected outcomes include serving 65 DUI offenders over the course of the 4-year grant, developing long-term
sustainable funding, and developing an aftercare program for graduates of the treatment court.
Page: 6 of 21
21
[ ]
I have read and understand the information presented in this section of the Federal Award Instrument.
Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
The recipient budget is currently under review.
[ ]
I have read and understand the information presented in this section of the Federal Award Instrument.
Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
1
Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards
Consistent with Executive Order 14074, “Advancing Effective, Accountable Policing and Criminal Justice Practices To
Enhance Public Trust and Public Safety,” OJP has prohibited the use of federal funds under this award for purchases
or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any
subrecipient (“subgrantee”) at any tier, to put in place specified controls prior to using federal funds under this award to
acquire or transfer any property identified on the “controlled equipment” list. The details of the requirement are posted
on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition:
Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and
are incorporated by reference here.
2
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
3
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41
U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an
employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a
gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to
public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of
employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to
contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
4
Page: 7 of 21
22
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted
and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY
2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award
supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before
December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number
(regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that
are obligated on or after the acceptance date of this FY 2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and
subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at
any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF
425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at
any tier) must provide access, include performance measurement information, in addition to the financial records,
supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or distributed by OJP
that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the
recipient is to contact OJP promptly for clarification.
5
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and
other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations,
policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ),
including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ
Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
6
Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this
award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the
program solicitation or other applicable written guidance. Data collection supports compliance with the Government
Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.
7
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website
(currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any
updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ
Grants Financial Guide.
8
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of
Page: 8 of 21
23
federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general
provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/
FY22AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might
fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not
proceed without the express prior written approval of OJP.
9
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding
written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the
basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious
practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient
("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements
that pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https:/
/www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under
e-CFR "current" data.
10
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold
award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient
does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform
Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
11
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or certifications
submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material
requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will
not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions
regarding enforcement, including any such exceptions made during the period of performance, are (or will be during
the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices:
Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and
incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material
requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all
assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of
performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition
incorporated by reference below, or an assurance or certification related to conduct during the award period -- may
result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may
withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other
Page: 9 of 21
24
legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment
or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621,
and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false
claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held,
instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this
award.
12
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an
equal employment opportunity program.
13
Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis"
indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must
advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part
200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined
by the Part 200 Uniform Requirements.
14
Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole
or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the
individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under
this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to
hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award
requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain
records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with
Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
Page: 10 of 21
25
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for
the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes
(without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the
hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient
(or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate
person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify
procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm
employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with
award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United
States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or
any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient
at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website
(https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-
VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
15
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.
16
Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or
in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal
statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a
subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may
interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm
(Award condition: Determination of suitability required, in advance, for certain individuals who may interact with
participating minors), and are incorporated by reference here.
Page: 11 of 21
26
17
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency
(OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-
risk" for purposes of the DOJ high-risk grantee list.
18
Required training for Grant Award Administrator and Financial Manager
The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP
financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the
award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period
of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP
financial management and grant administration training" by 120 calendar days after the date the Entity Administrator
enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of
such a training on or after October 15, 2020, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for
purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition
include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply
with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on
this award.
19
Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or
subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality
agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in
accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal
department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene
requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to
sensitive compartmented information), or any other form issued by a federal department or agency governing the
nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees
or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or
contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud,
or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written
notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if
expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or
both--
Page: 12 of 21
27
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either
requires or has required internal confidentiality agreements or statements from employees or contractors that currently
prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,
fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds
under this award is or has been requiring its employees or contractors to execute agreements or statements that
prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it
will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to
the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly
authorized to do so by that agency.
20
Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially
reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The
reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and
cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified
to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in
material incorporated by reference through award conditions, and references set out in other award requirements.
21
Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an
actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores,
maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the
scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB
Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of
PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an
imminent breach.
22
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time
during the course of the period of performance under this award, the recipient must disclose that fact and certain
related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high
risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the
following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient
was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and
email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
23
Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
Page: 13 of 21
28
51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
24
All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/
funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal
authorization), and are incorporated by reference here.
25
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain
specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the
Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of
federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider
a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under
an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract
(if contract would exceed $250,000)), and are incorporated by reference here.
26
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and
OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including
requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the
part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees"
of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the
OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited
conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP
authority to terminate award)), and are incorporated by reference here.
27
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal
funds during the period of performance for this award, the recipient promptly must determine whether funds from any of
those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical
cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding
agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding
agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any
inappropriate duplication of funding.
Page: 14 of 21
29
28
Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector
General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other
person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the
OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm
(select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General,
Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by
facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
29
Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently
accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as
maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-
tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the
unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site
at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal
Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated
to any business or non-profit organization that he or she may own or operate in his or her name).
30
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any
subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal,
modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may
be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by
law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any
subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of
Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or
cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing,
extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an
exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might
fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the
express prior written approval of OJP.
31
The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among
Page: 15 of 21
30
other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity
and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of
performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role
of Authorized Representative during the period of performance under the award without first ensuring that the
individual has the requisite legal authority.
32
Verification and updating of recipient contact information
The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact
information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has
changed, the award recipient’s Entity Administrator must make changes to contact information through DIAMD.
Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/
training-entity-management.
33
Any Web site that is funded in whole or in part under this award must include the following statement on the home
page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to
interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages
that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the
Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of
Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including,
without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of
the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included
through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.
34
The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be
used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any
accompanying accessories to support UAS.
35
The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with
BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic
desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to
complete monitoring tasks, including documentation related to any subawards made under this award. Further, the
recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.
Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ
awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds;
referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee;
or termination of an award(s).
36
Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press
releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER>
awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of
Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of
Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART
Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official
position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides
guidance on allowable printing and publication activities.
37
The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection
requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any
Page: 16 of 21
31
activities within this project.
38
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more
and, in certain circumstances, to report the names and total compensation of the five most highly compensated
executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient
obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted
on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and
Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an
award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit
organization that he or she may own or operate in his or her name).
39
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such
funds.
40
The recipient shall submit semiannual performance reports. Performance reports shall be submitted within 30 days
after the end of the reporting periods, which are June 30 and December 31, for the life of the award. These reports will
be submitted to the Office of Justice Programs, on-line through the Internet at https://justgrants.usdoj.gov
41
Recipient understands and agrees that it must submit quarterly Federal Financial Reports (SF-425) and semi-annual
performance reports through JustGrants (justgrants.usdoj.gov), and that it must submit quarterly performance metrics
reports through BJA's Performance Measurement Tool (PMT) website (https://bjapmt.ojp.gov/). For more detailed
information on reporting and other requirements, refer to BJA's website. Failure to submit required reports by
established deadlines may result in the freezing of grant funds and High Risk designation.
42
The recipient agrees that it will submit quarterly financial status reports (the SF 425 Federal Financial Report) to OJP in
JustGrants, no later than the deadlines set out in the DOJ Financial Guide and the JustGrants guidance (typically 30
days after the end of each calendar quarter). Delinquent reports may lead to funds being frozen and other remedies.
43
Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this
program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To
ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure
that LEP persons have meaningful access to their programs. Meaningful access may entail providing language
assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued
guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the
Internet at www.lep.gov.
44
The recipient understands and agrees that no award or matching funds may be used to provide services for violent
offenders as defined in 42 U.S.C. 3797u-2, a ?violent offender? means a person who?(1) is charged with or convicted
of an offense that is punishable by a term of imprisonment exceeding one year, during the course of which offense or
conduct? (A) the person carried, possessed, or used a firearm or dangerous weapon; (B) there occurred the death of
or serious bodily injury to any person; or (C) there occurred the use of force against the person of another, without
Page: 17 of 21
32
regard to whether any of the circumstances described in subparagraph (A) or (B) is an element of the offense or
conduct of which or for which the person is charged or convicted; or (2) has 1 or more prior convictions for a felony
crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious
bodily harm.
45
All BJA-funded adult drug courts must be operated based on the 10 key components for drug courts, which are found
in BJA?s and National Association of Drug Court Professional?s (NADCP) publication: Defining Drug Courts: The Key
Components at https://www.ncjrs.gov/pdffiles1/bja/205621.pdf. During the grant period of performance, if BJA
concludes that a funded drug court is not conforming to the 10 key components, it retains the right to place the award
recipient on a corrective action plan to bring the drug court into conformance. Continued failure to maintain
conformance to the key components may result in a hold placed on award funds or suspension/termination of the grant
award agreement.
46
Regarding medication-assisted treatment (MAT), the award recipient understands and agrees to the following: 1) all
clients in a BJA-funded drug court have a right to access MAT under the care and prescription of a physician to the
extent MAT is clinically indicated; 2) BJA-funded drug courts must not deny any eligible client enrollment to the drug
court program because of their use of FDA-approved medications for the treatment of substance abuse; 3) MAT must
be permitted to be continued for as long as the prescriber determines that the FDA-approved medication is clinically
beneficial; 4) while under no circumstances can a BJA-funded drug court program deny access to MAT under the care
and prescription of a physician when it is clinically indicated, a judge retains judicial discretion to mitigate/reduce the
risk of abuse, misuse, or diversion of these medications; and 5) federal funds shall not be used to support activities that
violate the Controlled Substances Act, 21 U.S.C. 801-904.
47
Limit on use of grant funds for grantees' employees' salaries
With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any
employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of
the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal
System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in
excess of this compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual basis at the
discretion of the OJP official indicated in the program announcement under which this award is made.
48
Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and
administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal,
and administrative proceedings connected with (or connected to the performance of) either this OJP award or any
other grant, cooperative agreement, or procurement contract from the federal government. Under certain
circumstances, recipients of OJP awards are required to report information about such proceedings, through the
federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system
(currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information on certain civil,
criminal, and administrative proceedings to the federal designated integrity and performance system (currently,
"FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition:
Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by
reference here.
49
The recipient's budget (and budget narrative) is pending clearance by OJP.
Page: 18 of 21
33
Prior to budget clearance (and unless there is a more restrictive condition on this award, in which case the terms of
that more restrictive condition apply): The recipient may not drawdown more than 10% of the award. Pre-clearance
obligations, expenditures, and drawdowns may be disallowed if not in compliance with program requirements.
The recipient should be judicious in using award funds prior to budget clearance. Generally, OJP expects that
recipients (depending on the specific project scope) may need to advertise for award-funded positions, pay personnel
and fringe benefits for positions budgeted under the award, plan for project activities, attend training and pay training-
related travel needed to begin the project, and engage in other limited activities conducted by recipient staff (i.e.,
generally not requiring a subaward or procurement contract under an award).
OJP will issue an Award Condition Modification upon budget clearance.
[ ]
I have read and understand the information presented in this section of the Federal Award Instrument.
Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance
By checking the declaration and certification box below, I--
A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this
declaration and certification on behalf of the applicant.
B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and
belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted
(including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and
conditions of, and all supporting materials submitted in connection with, this award, including any assurances and
certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after,
or at the time of the application submission and any materials that accompany this acceptance and certification); and
(2) I have the legal authority to accept this award on behalf of the applicant.
C. Accept this award on behalf of the applicant.
D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand
that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration
and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent
information or statement in this declaration and certification (or concealment or omission of a material fact as to either)
may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§
10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the
federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.
Agency Approval
Title of Approving Official
Assistant Attorney General
Name of Approving Official
Amy Solomon
Signed Date And Time
9/24/23 12:38 AM
Authorized Representative
Entity Acceptance
Title of Authorized Entity Official
City Manager
Page: 19 of 21
34
Signed Date And Time
Page: 20 of 21
35
Page: 21 of 21
36
Page 1 of 20
a. Description of the Issue
The City of Bozeman is requesting start-up funding from the Bureau of Justice
Assistance to implement Bozeman Regional Impaired Drivers Gaining Effective Rehabilitation
Services (BRIDGERS) DUI Court to reduce DUI recidivism and enhance public safety in
Gallatin County. This jurisdiction has no other pending applications for Federal funding and
lacks alternative funding sources to implement this program. Planned Evidence-Based Practices
(EBP) and Guiding Principles (GP) are noted throughout the application.
Nature and Scope of the Substance Use Disorder Problem - Bozeman is the largest
city and the economic and political center of Gallatin County, the third largest county in
Montana with an estimated population of 122,000 (2021). Gallatin County’s annual growth rate
is 3.2%, making it one of the fastest-growing counties in the state. Gallatin County’s population
is predominately white (94.5%), with 2.1% of residents identifying with two or more races. The
County is made up of 3.1% non-White, single race members: 0.5% Black or African American
alone, 1.0% Indian and Alaska Native alone, and 1.7% Asian alone. Hispanic and/or Latinx (of
any race) individuals make up 4.5% of the population (2020 Census). The Bozeman Municipal
Court alone processed 5,617 cases in 2022. This does not include the two Gallatin County Justice
Courts, 5 District Courts, and City Courts in Belgrade, Manhattan, and West Yellowstone.
Consistent with other jurisdictions, these Courts have found that most criminal violations occur
when the defendant is under the influence of an intoxicating substance.
The 2020 Gallatin County Community Health Needs Assessment (CHNA) reports 90%
of surveyed public health professionals identified substance abuse as a major or moderate
problem in the community. The CNHA also found that 33.5% of all respondents (37,523
individuals) reported excessive or binge drinking in the last month. This exceeds average rates in
37
Page 2 of 20
both Montana (20.1%) and the US (27.2%). Additionally, 3.4% of all respondents (4,012
individuals) reported driving after having too much to drink in a one-month period.
According to the National Highway Traffic Safety Association 2018 report, Montana has
the highest national per-capita occurrence of impaired driving fatalities at 7.4 fatalities per
100,000 people (the national average is 3.2). Impaired driving is a factor in 43.4% of Montana
traffic fatalities compared to the national average of 28.8%. The Montana Department of
Transportation Crash Data for 2011-2020 places Gallatin County in the top 5 Montana counties
every year for rural serious injury or fatality crashes. Bozeman is in the top 5 for urban settings.
DUI filings in both the Bozeman Municipal Court and Gallatin County Justice Court
have increased steadily since 2020. Reports from the Full Court Enterprise database revealed that
in 2022, the Bozeman Municipal Court and the Gallatin County Justice Court received 805
Misdemeanor DUI filings. Of those, 286 were DUI 2nd, 3rd, and Aggravated.
Problems with Current Court Response - Currently, misdemeanor DUIs are processed
in the traditional court system. The jurisdiction lacks programs that connect these defendants
with treatment and wraparound services that facilitate long-term behavior change. BRIDGERS
Court will serve defendants with multiple or aggravated DUIs over the course of the 4-year grant
in accordance with evidence-based DUI Treatment Court practices. BRIDGERS Court will
reduce recidivism, promote public safety, and reduce taxpayer burden. BRIDGERS Court will
follow EBP and the ten GP of DWI Courts with a model of integrated treatment and supervision
through collaboration between both city and county agencies and community treatment providers
(GP #5).
Current Gaps in Resources - The CHNA identified access to mental health and
substance use treatment as a significant health concern in Gallatin County. Additionally, the City
38
Page 3 of 20
of Bozeman Equity Indicator Project (EIP, 2021) identified service gaps and disparities in
housing, transportation, health, justice, and civic health. Over 70% of survey respondents
indicated a large or moderate need for both access to mental health care and substance abuse
services. Hispanic or Latinx respondents reported the highest levels of need for access to
substance abuse services when compared to other racial and ethnic groups. BRIDGERS Court
will contract with a regional substance use and mental health provider to provide services for
participants. By identifying and removing barriers, the BRIDGERS Court will increase access to
services for participants (GP #7; EBP #2).
Target Population and # of DUIs - To better understand the recidivism risk and
treatment needs of DUI offenders passing through the Bozeman Municipal Court, the DUI Risk
and Needs Triage (DUI-RANT®) was administered to DUI 2nd, 3rd and Aggravated cases
between January and April 2023. Below is a summary of the DUI-RANT® findings.
High-risk Low-risk
High-need 26% 13%
Low-need 29% 32%
BRIDGERS Court will serve post-conviction 2nd, 3rd, and Aggravated DUI offenders in
Gallatin County who are high-risk/high-need (HR/HN) and reveal moderate to severe substance
use disorders after a clinical assessment (GP #1 and 2; EBP #1). Using the above DUI-RANT®
data, the number of HR/HN individuals with eligible charges is estimated to be 45 each year, but
not all HR/HN individuals will choose to participate in the BRIDGERS Court. BRIDGERS
Court will serve 65 offenders over the course of the 4-year grant. If a greater need is indicated,
partnerships with other city and county courts will be leveraged to increase capacity (GP #5).
Following EBP, screening assessments and eligibility criteria will prioritize resources and
services for those most likely to re-offend (GP #1; EBP #1). The maximum jail sentence for
these qualifying offenses is 12 months (EBP #9).
39
Page 4 of 20
Current Planning and Coordination - BRIDGERS Court received a grant from the
Gallatin County DUI Task Force to gather data using the DUI-RANT® on the target population
and will continue to work with this group. Additionally, Gallatin County has two major strategic
plans that address access to mental health and substance use disorder treatment in the area. Three
members of BRIDGERS Court’s leadership team serve on the Criminal Justice Coordinating
Committee’s sub-committee currently developing a strategic plan to identify boundaries to
treatment for individuals with mental health and substance use disorders involved in the criminal
justice system. Additionally, the Gallatin Behavioral Health Coalition has a strategic plan
designed to remove barriers to treatment in Gallatin County. Finally, the coordinator serves on
Bozeman’s Belonging in Bozeman group which is developing Bozeman’s Equity and Inclusion
Plan.
b. Project Design and Implementation
Priority Consideration 1A - BRIDGERS Court seeks priority consideration for Priority
1(A). The City of Bozeman’s Equity Indicator Project identified service gaps and disparities in
housing, transportation, health, justice, and civic health. Bozeman’s Equity and Inclusion
Plan seeks to address these service gaps and disparities through partnerships with local providers
and agencies. The plan will be completed in Fall 2023 and the BRIDGERS Court leadership
team will adopt applicable recommendations from this plan (GP #5; EBP #2).
The BRIDGERS Court will use the community liaison model to integrate stakeholder
feedback into the Court’s planning, implementation, and evaluation phases (GP #5 and 9).
Community liaisons are compensated, well-connected, trusted leaders and relationship builders
who represent underserved neighborhoods or communities. They will represent marginalized
populations as the leadership team designs policies and procedures and reviews program equity
40
Page 5 of 20
measures. Bozeman has successfully used community liaisons in the development of both the
City’s Parks, Recreation, & Active Transportation Plan and Equity and Inclusion Plan (EBP #2)
In the planning phase, the leadership team will develop program metrics specific to the
treatment court setting. These will include demographics for charged and incarcerated
individuals and demographics of defendants who are referred to, accepted by, and complete the
BRIDGERS Court program. These metrics will be monitored quarterly, and gaps will be
addressed annually. The leadership team, including community liaisons, will address any gaps in
service and consult with appropriate community stakeholders when necessary (GP #5).
Medication Assisted Treatment Policy - BRIDGERS Court will honor existing
prescriptions of new participants, including prescriptions for any Medication Assisted Treatment
(MAT). Participants will be referred to a local MAT provider based on clinical assessment
indicators (GP #2 and 3; EBP #5).
Available Treatment and Treatment Funding - BRIDGERS Court will offer substance
use disorder treatment through a single provider. Through this provider, the Court will offer a
spectrum of evidence-based treatment options from Level 1 outpatient services to Level 2.1
outpatient services. Level 3 in-patient services are available in Montana and the BRIDGERS
team will work with these programs when participants require inpatient services. Ideally, the
provider will provide a representative licensed for both mental health and substance use disorder
treatment to the team Alternatively, the provider will refer participants to a mental health
provider specializing in co-occurring disorders. The court coordinator will facilitate
communication between the mental health provider and the treatment team (EBP #5 and 6).
Insured participants will cover their treatment costs (GP #6). The court will assist
uninsured participants with the Medicaid application process. Medicaid-ineligible participants
41
Page 6 of 20
can apply to the court for treatment subsidies until the healthcare marketplace open enrollment
period (GP #10). If a participant chooses not to enroll in insurance during the open enrollment
period, they will be fully responsible for treatment costs. Participants will be financially
responsible for any needed residential treatment regardless of insurance status.
Selecting a Treatment Provider - Per the City of Bozeman Purchasing Plan, the
treatment provider will be selected using a publicly announced RFQ during the planning period.
The city uses a lowest, most-responsible decision-making process. The leadership team and City
Attorney’s office will develop the RFQ, selection criteria, and selection team. The treatment
provider will designate a representative to serve on both the treatment and leadership team. The
treatment provider will use Treatment modalities listed in the Office of Justice Program’s list of
evidence-based programs, CrimeSolutions.ojp.gov. BRIDGERS Court will monitor treatment
effectiveness through progress in the treatment court program and achievement of integrated case
plan goals (GP #7). The coordinator will review treatment fidelity upon participant relapse or
participant demonstration of non-compliant behavior (especially proximal behaviors) (EBP #5).
Evidence Based Principles and Practices - BRIDGERS Court will implement 10 key
components as defined in the National Center for DWI Court’s “The Ten Guiding Principles
(GP) of DWI Courts” and the Evidence Based Practices (EBP) as defined in Drug Court Best
Practices, Volume 1 and 2. Full incorporation of these evidence-based strategies will optimize
treatment and service delivery. If any recommended principles or practices are unavailable,
BRIDGERS Court will work towards implementation or support others’ efforts to address those
deficiencies. BRIDGERS Court leadership team will do an annual self-assessment of adherence
to these principles and will participate in the State of Montana Peer Review Program.
42
Page 7 of 20
Prioritizing High Risk/High Need Individuals - BRIDGERS Court will use the DUI-
RANT® to determine criminogenic risks and treatment needs of each applicant during the initial
screening appointment (GP #1 and 2). This screening tool was chosen because it is specifically
designed and validated for DUI offenders. Additionally, the coordinator will request a substance
use disorder evaluation from a licensed addiction counselor. The treatment team will use
objective eligibility criteria to determine admission into the program. The leadership team will
monitor eligibility decisions to ensure that the program prioritizes HR/HN individuals that match
the demographics of individuals convicted of eligible charges (GP #1; EBP #1).
Preventing Overdose - The treatment provider will assess an applicant’s risk of
overdose during the screening process. There are two MAT providers in the region. Following
Bozeman's Purchasing Policy, the BRIDGERS Court will select a MAT provider (GP #5). If a
MAT referral is made during the initial assessment or at another time during the program, the
case manager will refer participants to the contracted MAT provider (GP #3 and 7). In addition,
all team members will be annually trained to recognize overdose risk factors and administer
naloxone in crisis interventions. Each participant will receive overdose prevention education
when they develop their relapse prevention plan during phase one of the program and have
access to take home naloxone kits. The detention center can prescribe librium and other
medications for inmates on release (EBP #6).
Prompt Access to Treatment Court - Upon sentencing, eligible participants will be
asked to contact the court coordinator. The court coordinator will set up an orientation meeting
within 7 days. At that meeting, either the coordinator or the case manager will identify the
participant’s needs, strengths, and resources and develop an initial case plan (GP #2 and 7).
Participants will also receive a program handbook that clearly outlines expectations, rules, and
43
Page 8 of 20
the incentive/sanction process (EBP #4). The participant will be inducted at the next bi-weekly
status hearing. If the clinical assessment indicates the need for a more immediate court
appearance, one will be scheduled. The judge, prosecutor, and defense attorney will be present at
induction at which point the participant will begin the program. The case manager will meet with
the participant following court, fill out a safety plan and make referrals to any necessary services,
including MAT, immediately following the court appearance (GP #7).
Equity and Inclusion - The court coordinator will enter data into the National Drug
Court Institute’s (NDCI) Equity and Inclusion Assessment Tool to gather information on
program outcomes for participants of diverse race, ethnicity, gender identity, age, and sexual
orientation. In addition, Bozeman’s EIP will collect data on traffic stops and arrests by
race/ethnicity, gender, and age. BRIDGERS Court will collect the same data on referrals,
inductions, and graduations from the program. BRIDGERS Court leadership team will review
the data quarterly and address gaps on an annual basis with input from community liaisons and
stakeholders (GP #5; EBP #2, 5, and 9). The Bozeman EIP noted that one barrier to treatment is
transportation. The BRIDGERS DUI Court will provide transportation subsidies to assist
participants in getting to court required activities including treatment (GP #8).
Indigent Barriers to Participation - Participants are required to pay for their treatment.
The case manager will connect participants with treatment funding resources. Participants can
apply to the non-profit formed to support the mission of BRIDGERS Court for funding. If
needed, participants can also apply to BRIDGERS Court for a waiver of fees and greater
assistance with treatment (EBP #2 and 5).
BRIDGERS Court is a post-conviction court and cannot enforce a complete payment of
restitution before graduation. All participants will be required to follow payment plans for
44
Page 9 of 20
restitution and court fines at graduation. The sentencing courts are required by statute to give
defendants reasonable payment options. Defendants can claim indigency and have fines and
restitution waived or they can do community service in lieu of fines, fees, and restitution.
Aftercare Planning - From point of entry into the BRIDGERS Court participants will
plan for recovery management and graduation. During the program, they will focus on treatment
and developing recovery capitol, a pro-social network, and a personal toolbox for handling
setbacks. Before graduation, participants will present a recovery management plan to the
treatment team. The treatment provider will provide a peer support specialist (PSS). The PSS
will make contact with participants at 1 month, 3 months, 6 months, and 12 months post-
graduation and, when indicated, facilitate referrals to aftercare services (GP #3). The PSS, the
coordinator, and the case manager will facilitate an aftercare group that meets monthly to
provide a peer network for BRIDGERS Court graduates (EBP #5).
Sustainability - BRIDGERS Court receives support from the cities of Bozeman and
Belgrade as well as Gallatin County (GP #5 and 0). A facilitator will work with BRIDGERS
Court in the first and third year to develop a strategic plan including developing long-term
sustainable funding streams (GP #10). Following the grant, the court will be supported in part by
these entities. The Court will also seek funding from the Montana Department of Transportation
and State of Montana treatment court program. BRIDGERS Court will establish a non-profit to
fund participants’ needs, ongoing training, and other needs not covered in the BRIDGERS Court
budget (GP #10). The State of Montana was recently awarded the Byrne State Crisis Intervention
Grant. It is anticipated that there will be an application process and that the funds could be used
to support treatment courts. The coordinator will monitor this process (EBP #8).
45
Page 10 of 20
Conformity with the State Drug Court Strategy – Montana uses a peer review process
to ensure that treatment courts comply with EBP and Vol. 1 and Vol. 2 Drug Court Standards.
BRIDGERS Court will follow the State Drug Court Strategic Plan which calls for courts to be
reviewed for their use of EBP at least every three years, participate in a monthly treatment court
coordinator’s call, and attend a biannual statewide training conference (EBP #8). The
BRIDGERS Court will coordinate development and improvement efforts with the statewide drug
court coordinator according to the Montana Drug Court Orientation Manual.
Planning Phase
Staffing - During the planning phase, the leadership team will include the treatment team
(a municipal court judge, a defense counsel, a city prosecutor, a police liaison, a treatment
provider, a case manager, a court coordinator, and a misdemeanor probation officer) and judges
from other courts of limited jurisdiction in the county, police liaisons with other county police
units, and city and county prosecutors from other limited Court jurisdictions in the county. The
team will meet at least monthly during the planning phase to finalize the operations manual and
supporting documents. The grant will support a .50 FTE Case Manager, and consulting contracts
with defense counsel and the treatment provider (GP #7). All other leadership team members
will be supported by their respective agency’s salaries.
Training - During the 6-month development period the treatment team will participate in
Equity and Inclusion Training (EBP #2), Confidentiality Training, Motivational Interviewing,
overdose prevention training, and a workshop designed to identify roles within the treatment
team (GP #3). In addition, the expanded leadership team will participate in a facilitated
community mapping project to identify community resources (GP #5). Additionally, the case
manager and court coordinator will participate in Ohio Risk Assessment System (ORAS)
46
Page 11 of 20
training. BRIDGERS Court will prioritize additional training identified during the finalization of
the Operations Manual, Participant Manual, and supporting documents (EBP #8).
Community Engagement - BRIDGERS Court has developed a communication plan to
guide community stakeholder outreach (GP #5). This plan defines the goals and methods of
community outreach and will be reviewed annually with the leadership team. The leadership
team currently has representatives from both county agencies (Gallatin County Attorney’s Office
and Gallatin County Court Services) and city agencies (City of Bozeman Police Department,
City Attorney’s Office, Bozeman Municipal Court) as well as community partners (Cedar Creek
Counseling Agency and private defense attorneys). It will add two community liaisons to the
leadership team during the planning phase.
Community Mapping - BRIDGERS Court leadership team will use information from the
Criminal Justice Coordinating Committee Strategic Plan and Gallatin County Behavioral Health
Coalition strategic plan to inform a facilitated community mapping activity during the planning
phase of the grant (GP #5). The case manager will develop a list of resources from this activity
(GP #7). The leadership team will annually review the community mapping activity and the case
manager will then update the resource list.
Implementation Phase
Referral, Screening, and Assessment - The court coordinator will receive the initial
referral and schedule an intake appointment to gather information about charges. The DUI-
RANT® will be administered at this appointment. The court coordinator will then coordinate a
clinical assessment that includes a mental health screening and assessment for the efficacy of
MAT (GP #2 and 3; EBP #6). The participant will also be required to observe one court session.
The coordinator will present the clinical assessment, the DUI-RANT® score, and any other
47
Page 12 of 20
supporting documentation to the treatment team for an eligibility decision (GP #1 and 2). The
treatment team, based on the eligibility criteria, will determine the applicant’s eligibility. The
court coordinator will communicate this decision to the applicant and their defense attorney. The
coordinator will then refer the applicant to the BRIDGERS Court’s defense attorney to review
the contract.
Eligibility Criteria - Applicants eligible for BRIDGERS Court must meet the following
criteria (GP #1; EBP #1):
1. Have an eligible charge in a court of limited jurisdiction in Gallatin County
2. Reside in Gallatin County
3. Be an adult (18 years of age or older)
4. Score HR/HN on the DUI-RANT®
5. Have an eligible charge (DUI 2nd, DUI 3rd or Aggravated DUI)
6. Not be registered as a sexual offender
7. Not be convicted of a violent offense as defined by Federal guidelines
8. Have treatment needs that the Court can meet while maintaining public safety
If someone with a violent offense applies, they will be considered on a case-by-case basis.
Federal grant funds will not be used to support their program in the BRIDGERS Court.
Structure of the Treatment Court - BRIDGERS Court will be a post-conviction court.
The incentives offered will be standardized across the jurisdictions participating in the treatment
court. Failure to complete the court will result in a petition to revoke and a referral to the
sentencing court.
Length and phases of the program - BRIDGERS Court will have 5 phases. Participants
will spend a minimum of 12 months in the BRIDGERS Program (EBP #6).
48
Page 13 of 20
Phase Length Homework/Tasks
1-Acute Stabilization 30 days Initial Case Plan with Relapse Prevention Plan
2-Clinical Stabilization 60 days Engage in Treatment Start MRT Initiate a prosocial support network
3-Adaptive Habilitation 105 days Stable Housing Stable Employment Update Case Plan 4-Social Habilitation 105 days Developing Sober Social Network Self-Care Plan Begin Recovery Management Plan 5-Continuing Care 60 days Update Case Plan/Create Recovery Management Plan
Case Management Process - BRIDGERS Court participants’ progress will be guided by
an integrated case plan (GP #7). The participant and case manager will write this plan with input
from the treatment provider, Ohio Risk Assessment System, and treatment team. This case plan
will identify both treatment and ancillary needs and will be updated with the participant at two
points during the program. When indicated, the case manager will help participants access
support for mental health, medical, employment, vocational, parenting, and housing needs (GP
#2 and 7; EBP #6).
Community Supervision - Gallatin County Court Services Misdemeanor Probation
Officers (MPOs) and BRIDGERS Court case manager will provide community supervision (GP
#4 and 5). During the first two phases of the program, participants will receive case management
from the BRIDGERS Court case manager (GP #7). The MPO and case manager will meet jointly
with participants in Phase 3 and then their case management will transfer to the MPO from phase
3 to 5. The Case Manager will have a maximum caseload of 40 treatment court participants. The
MPOs have a caseload of 65 (EBP #9). The case manager and MPOs will conduct virtual home
visits. If a need is indicated the police liaisons will do home checks. Participants sentenced to
misdemeanor probation will be monitored by misdemeanor probation throughout the program.
49
Page 14 of 20
Availability of Evidence-Based Treatment - BRIDGERS Court will work with a licensed
clinic that provides evidence-based treatment across the spectrum from Level 1.0 Outpatient
Treatment to Level 2.1 Intensive Outpatient Treatment (GP #2). There are two residential
treatment facilities in Montana. BRIDGERS Court will facilitate in-patient treatment if
recommended by the clinical assessment. BRIDGERS Court will address decision-making skills
through Moral Reconation Therapy (MRT), an evidence-based cognitive-behavioral curriculum
designed to build decision-making skills. Both the case manager and court coordinator are
certified to provide MRT (EBP #5).
Recovery Support Delivery - Participants will begin recovery management planning
when they develop the relapse prevention plan in Phase 1. Throughout the program, participants
will be required to attend sobriety-focused self-help or support groups (GP #3). They will
develop sober social networks and self-care activities that support sobriety throughout the
program (GP #4; EBP #5 and 6). Participants will graduate with a well-developed recovery
management plan that they will present to the treatment team. In addition, a PSS will offer an
aftercare group that meets monthly for participants in phase 5 and graduates of the program.
Post-graduation, the PSS will contact participants at 1-month, 3-month, 6-month, and 1-year
intervals and facilitate needed referrals (GP #3).
Judicial Supervision – Court hearings will be held bi-weekly. The judge is responsible
for monitoring behavior and offering incentives and sanctions. She will receive updates on each
participant during the confidential staffing meeting preceding court. The judge will rely on her
extensive experience in handling DUI cases and presiding over the Bozeman VETS Court in her
role as the treatment court judge. She will use Motivational Interviewing when interacting with
participants for at least 3 minutes each. She will have the final decision on incentive and sanction
50
Page 15 of 20
decisions will be informed by team input, an incentive and sanctions grid based on research in
the treatment court field, applicable statutes, and policies and procedures. Therapeutic
adjustments will be used with otherwise compliant participants who struggle with sobriety. Each
participant will receive a court order detailing their weekly court requirements (GP #4 and 6;
EBP #3 and 4).
Process for Testing - During the first 90 days participants will be required to submit to
continuous alcohol monitoring along with random UAs (GP #4). Following that, participants will
participate in a color line with Gallatin County Court Services. They will be tested randomly at
least 2x per week with the possibility of testing 7x per week (because the beginning of the week
will reset randomly). Whenever possible the testing will be observed. There will be no testing on
holidays, but EtG’s will be used randomly after holiday weekends (EBP #7)
Incentives and Sanctions, Treatment Responses - The leadership team will develop
procedures to analyze non-compliant participant behavior according to its severity and the
participant’s ability to control the behavior. Incentives and sanctions will be imposed
immediately after non-compliant behavior and determined by a grid that factors participant
behavior and phase. Participants will be offered a chance to admit or deny any violations and
will have the right to a hearing if they deny. The level of evidence required is a preponderance of
evidence. Sanctions will not be issued to otherwise compliant participants who are struggling
with sobriety. Instead, evidence-based therapeutic adjustments will be offered as recommended
by the treatment provider (EBP #4 and 5).
Graduation requirements and expulsion criteria - Participants graduate when they meet
all the criteria for each phase. This will include a period of sobriety before graduation,
51
Page 16 of 20
completing MRT, presenting a recovery management plan to the team, and being current on any
payment plans for fines/fees and restitution. A participant can be terminated for:
• Failure to engage in the recommended treatment program
• Failure to progress in treatment areas as evidenced by ongoing anti-social behaviors
• New criminal charges
• Tampering with a UA sample
• Repetitive dishonesty
• Abusive or violent behavior towards staff
When the treatment team recommends termination, a hearing is scheduled. BRIDGERS
Court defense counsel and prosecutor may present evidence. The judge determines the
termination of the participant. If terminated, the participant is referred to the sentencing court.
Fines/Fees and Restitution - Fines, fees, and restitution are the responsibility of the
original sentencing court. To graduate, participants must be current with any payment plans.
Required participant program fees will be used to offset the costs of the treatment court. If
participants are unable to pay the program fees, they can apply to have those fees reduced or
waived. Participants will also be able to apply for financial assistance from the non-profit
established to support the BRIDGERS Court.
Engaging Families - If screening tools and integrated case plans indicate a need for
parenting or couples support, the case manager will facilitate necessary referrals (GP #2 and 7).
In addition, families will always be encouraged to attend status hearings. This is an area that will
be addressed in more detail during the 6-month planning period.
Early Intervention - BRIDGERS Court is a post-conviction court. In accordance with
EBP, BRIDGERS Court will aim to start participants within 50 days of their charge. A Gallatin
52
Page 17 of 20
Deputy County Attorney, a Bozeman City Prosecutor’s office, and two private Defense
Attorneys have formed a subcommittee that will develop a list of accepted conditions for plea
agreements to streamline case processing in the court system. Once referred, a defendant will
receive an eligibility decision from BRIDGERS Court within 3 weeks.
c. Capabilities and Competencies
Training -The BRIDGERS Court leadership team completed the DUI Court
Foundational Training in August 2022. Four members of the team attended Montana’s State
Drug Court Conference. Two members attended the NADCP national conference in July 2022.
One member attended the Office of the State Public Defender Treatment Court Training in
February 2023. The team will attend the NADCP annual conference each year (EBP #8). Fiscal
Staff at the City of Bozeman will attend Office of Justice Programs Grant Financial Management
Workshops.
Team Composition (EBP #8)
All team members attend the staffing meeting and the status hearing (EBP #8).
Role Person Responsibilities
Judge
(EBP #3)
J. Colleen
Herrington
Provide judicial supervision of participant’s behaviors,
leadership of the treatment team and the leadership team
Coordinator Renee Boundy Facilitate treatment and leadership team, grant management; public outreach; administration; monitor
recovery support services
Case Manager
(EBP #6)
Delaney Connor Develop and monitor treatment plan; case management;
identify housing and family support resources
Misd. Probation (EBP #7) Michelle Jurkovski Community Supervision and case management; testing
City Prosecutor Ashley Carroll Represent the interests of the state; preserve public safety Defense Attorney Eric Brewer and Herman Watson Represent the rights of the defendant
Police liaison Captain Joe Swanson Assist with supervision, random checks on participants
Treatment Provider (EBP #5; GP #3)
Jessie Holton Provide and follow treatment plan; offer treatment recommendations to the team; conduct clinical assessments; consult on recovery support services.
53
Page 18 of 20
(EBP #10) Evaluator Independent evaluator will collect and analyze data to determine adherence to the 10 key components
Team Communication - The team will communicate daily using encrypted email,
phone, and the Drug Court Information Management System (DIMS). Staffing notes will be
disseminated the Monday afternoon before court via encrypted email. Participant-specific
conversations will happen via phone and encrypted email. All leadership team members will
have access to a Microsoft Team that contains program manuals and documents including the
Operations Manual, Participant Manual, and other supporting documents (EBP #8).
Treatment Partners - BRIDGERS Court has partnered with Cedar Creek Integrated
Health, a licensed treatment provider, to support the development of the court (GP #5). They
have also provided community treatment representation to the Bozeman VETS Court.
BRIDGERS Court will follow Bozeman’s Purchasing Policy to choose a licensed treatment
agency. The provider will be licensed or certified to provide evidence-based treatments listed on
CrimeSolutions.ojp.gov. The treatment provider will appoint a representative to the treatment
team who will attend staffing and court (EBP #8) and will provide an individualized treatment
plan (GP #3), based on identified clinical needs, that details the evidence-based treatments used
for each participant. The treatment provider will contract with the BRIDGERS Court to provide
aftercare services. BRIDGERS Court will partner with a provider in the community to administer
MAT. These two providers will work together to ensure best practices are met (GP #5; EBP #5).
Law enforcement and probation involvement - The team includes both a Misdemeanor
Probation Officer (MPO) and Law Enforcement Officer (LEO) (GP #4 and 10). As members of
the treatment team, MPOs will engage in the development and implementation of the participant
case plan throughout the program. The case manager and MPOs will conduct virtual home visits
(GP #7). If ordered to MPO supervision, participants will be supervised through all phases. As
54
Page 19 of 20
members of the treatment team, LEOs attend staffing and court (EBP #8). LEOs can provide
random home checks with PBTs when a need is indicated.
Analytical Staff Members - The court coordinator will collect data from several sources
for the leadership team to review (GP #9). DIMS provides both program and participant
analytics. In addition, BRIDGERS Court will use NDCI’s Equity and Inclusion Assessment to
track the Court’s equity and inclusion data. The Bozeman EIP tracks arrest data based on
race/ethnicity, age, and gender. This data will be compared with the race/ethnicity, age, and
gender of participants who enter and complete BRIDGERS Court. The court coordinator will
share data with the BRIDGERSs Leadership Team at the quarterly meetings (EBP #2 and 10).
The court coordinator and case manager will complete self-assessments annually using
the checklist provided by the Montana State Drug Court Coordinator. This self-assessment will
evaluate adherence to the GP and EBP. It will be reviewed annually by the leadership team (GP
#9). Adjustments to the Operations Manual will be made as needed. The court will also
participate in the State of Montana’s Peer Review process. Finally, BRIDGERS Court will
contract with an independent evaluator during the grant period to evaluate the fidelity of the
program’s implementation (GP #9 and 10).
d. Plan for Collecting the Data Required for Performance Measures
Performance management and evaluation plan – BRIDGERS Court Leadership team
will meet 4 times a year during months that have 5 Tuesdays. At every meeting, the coordinator
will share a brief program data update (GP #9 and 10). Additionally, these meetings will address
key program operations areas with the following schedule:
Meeting Topic Data Sources Actions
Quarter 1
Evidence-Based Practices
- Annual Self-Assessment - State of Montana Peer Review
- Technical Assistance Site Visit
- Evaluate adherence to program model
55
Page 20 of 20
Guiding Principles - Grant Evaluator - DIMS (participant database) Analytics - Update Operations Manual
Quarter 2 (EBP #2)
Diversity,
Equity, and Inclusion Boundaries to Success
- Bozeman Equity and Inclusion Project - DIMS Analytics - NDCI’s Equity and Inclusion Assessment
- Address Equity and
Inclusion Issues - Update Operations Manual
Quarter
3
Community
Mapping
- Gallatin County Mental Health Coalition Strategic Plan
- Criminal Justice Coordinating
Committee Strategic Plan - Community Stakeholders - Gallatin County Community Health Needs Assessment
- Identify and Address Boundaries
to recovery
- Update resource list
BRIDGERS Court will work with an independent evaluator the first year to set up an evaluation
plan with data tracking, in the second and third years to monitor the evaluation plan and in the
fourth year to complete an independent evaluation of the BRIDGERS Program (GP #9 and 10).
Equity and Inclusion in Program Entry – Participating Courts will provide defendants
with qualifying charges information about the BRIDGERS Court. This information will also be
available in Spanish. BRIDGERS Court staff will use the language line during the referral and
screening process to accommodate non-English speakers. Public outreach to attorneys will
contain educational information about equity and inclusion issues as well as the measures that
BRIDGERS Court takes to address them. Finally, BRIDGERS Court will regularly analyze and
address equity and inclusion issues in the referral and screening process (EBP #2).
Reporting Responsibility – The Court coordinator will gather information from a
variety of sources (DIMS, Bozeman EIP, and NDCI Equity and Inclusion Assessment tool) and
use it to complete the quarterly Performance Management Tool. This will include the number of
participants served by the program as compared to the target number of participants (EBP #2).
56
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzProc…1/33
Please wait until the browser print dialogue window is displayed.
Project Title
Bozeman Regional Impaired Drivers Gaining
Effective Rehabilitation (BRIDGERS) DUI Treatment
Court
Federal Estimated Funding (Federal
Share)
896372.0
Total Estimated Funding
1196372.0
No items
Proposed Project Start Date
10/1/23
Applicant Estimated Funding (Non-Federal
Share)
300000.0
Proposed Project End Date
9/30/27
Program Income Estimated Funding
0.0
Type of Applicant 1: Select Applicant Type:
C: City or Township Government
Type of Applicant 2: Select Applicant Type:
——
Type of Applicant 3: Select Applicant Type:
——
Other (specify):
——
Application POC Prefix Name
——
Application POC First Name
Renee
Application POC Middle Name
——
Application POC Last Name
Boundy
Application POC Suffix Name
——
Organizational Affiliation
——
Title
Court Coordinator
Email ID
rboundy@bozeman.net
Standard Applicant Information
Project Information
Areas Affected by Project (Cities, Counties, States, etc.)
Type Of Applicant
Application Submitter Contact Information
57
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzProc…2/33
Phone Number
(406) 582-2932
Fax Number
(406) 582-2041
ORINumber
——
Is Application Subject to Review by State Under Executive Order 12372?
c. Program is not covered by E.O. 12372.
Is the Applicant Delinquent on Federal Debt?
No
Name
manifest.txt
Date Added
4/3/23
Name
Form SF424_4_0-V4.0.pdf
Date Added
4/3/23
Name
Form SFLLL_2_0-V2.0.pdf
Date Added
4/3/23
Name
GrantApplication.xml
Date Added
4/3/23
Authorized Representative
Prefix Name
——
First Name
Jeff
Middle Name
——
Last Name
Mihelich
Suffix Name
——
Title
City Manager
Verify Legal Name, Doing Business As, and Legal Address
Executive Order and Delinquent Debt Information
SF424 Attachments (4)
Authorized Representative Information
58
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzProc…3/33
y g ,g ,g
Legal Name
CITY OF BOZEMAN
Doing Business As
UEI
EEAPKALAEM35
Street 1
121 N ROUSE AVENUE
Street 2
PO BOX 1230
City
BOZEMAN
State
MT
Zip/Postal Code
59715
CongressionalDistrict
00
Country
USA
The legal name + Doing Business As (DBA) and legal address define a unique entity in the system as represented in its entity profile. The profile legal name and
address is applicable to ALL applications and awards associated to this fiscal agent.
1. If this information is correct confirm/acknowledge to continue with completion of this application.
I confirm this is the correct entity.
Signer Name
Renee Boundy
Certification Date / Time
04/18/2023 09:25 PM
2. If the information displayed does not accurately represent the legal entity applying for federal assistance:
a. Contact your Entity Administrator.
b. Contact the System for Award Management (SAM.gov) to update the entity legal name/address.
3. If the above information is not the entity for which this application is being submitted, Withdraw/Delete this application. Please initiate a new application in
Grants.gov with using the correct UEI/SAM profile.
The Bozeman Municipal Court proposes to use the Bureau of Justice Assistance Adult Treatment Court Discretionary Grant Program Category 1 Planning and
Implementation funding. This court will promote racial equity through all phases of design, implementation, and maintenance (Priority Consideration 1.A). The details
of this plan are found on pages 4-5. The Bozeman Regional Impaired Drivers Getting Effective Rehabilitative Services (BRIDGERS) DUI Treatment Court Program
will serve post-conviction participants at the Bozeman Public Safety Center (901 N Rouse, Bozeman, MT 59715). The anticipated budget is $1,196,372.00 with
$896,372.00 supplied through this grant. Over the lifetime of the grant, the court will serve 65 high-risk/high-need participants with 2nd, 3rd or Aggravated DUI
charges in a program designed to take between 12 and 18 months to complete. The average time in the program will be 13-15 months. Finally, the court plans to
make all appropriate FDA-approved medication-assisted treatments available to participants through local providers.
The treatment court will adhere to the following National Center for DWI Courts’ 10 guiding principles (GP). Determining the Population (GP#1) is covered on
pages 3, 7, and 12. Perform a Clinical Assessment (GP #2) is covered on pages 14 and 16. Developing the Treatment Plan is covered on pages 14 and 18.
Supervising the Offender (GP #4) is covered on pages 13-15 and 18. Forge Agency, Organization, and Community Partnerships (GP #5) is covered on pages 4-6, 10
and 11.Take a Judicial Leadership Role (GP #6) is covered on pages 6 and 15. Develop Case Management Strategies (GP #7) is covered on pages 13, 16, and 18.
Addressing Transportation Issues (GP #8)is covered on page 8 Evaluating the Program is covered on pages 4 and 19 Ensure a Sustainable Program (GP#10)is
Legal Addess
Certification
Proposal Abstract
59
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzProc…4/33
Addressing Transportation Issues (GP #8) is covered on page 8. Evaluating the Program is covered on pages 4 and 19. Ensure a Sustainable Program (GP #10) is
covered on pages 6, 9, and 18.
The project is a collaboration between the City of Bozeman, Gallatin County, and community stakeholders. No other federal funding is being used. Project
activities will include organizing a multi-disciplinary team to guide participants through the treatment court program, developing a leadership team to oversee policy
and procedure drafting, facilitating a steering committee to map long-term sustainable funding streams, developing an operations and participant manual, conducting
outreach to potential referral sources, and implementing the DUI treatment court. Expected outcomes include serving 65 DUI offenders over the course of the 4-year
grant, developing long-term sustainable funding, and developing an aftercare program for graduates of the treatment court.
Name
Grant narrative final.docx
Category
Proposal Narrative
Created by
Renee Boundy
Application
Number
——
Date Added
04/13/2023
Goals, Objectives, Deliverables, and Timeline
Goal Statement
Implement the BRIDGERS DUI Treatment Court
Implement Treatment Court 2027 Q4
Complete Program Design 2024 Q2
Operating Manual 2024 Q1
Planning and implementation Guides 2024 Q2
Other
Forms and Other Supporting Documents 2024 Q2
Other
8 participants inducted 2024 Q4
Other
12 participants inducted 2025 Q4
Other
20 participants inducted 2026 Q4
Other
25 participants inducted 2027 Q4
Other
Renew Provider Contracts Ongoing Ongoing
Other
Contracts with providers 2024 Q1
Other
Standardized language for plea agreements 2024 Q2
Proposal Narrative
Objective Fiscal Year Quarter
Deliverable Fiscal Year Quarter
60
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzProc…5/33
Goal Statement
Develop and Maintain Community Partnerships
Communicate with Stakeholders Ongoing Ongoing
Develop Sustainable Funding 2027 Q4
Other
Communication Plan 2024 Q3
Other
Review Communication Plan Annually Ongoing Ongoing
Programmatic Reports 2025 Q4
Newsletter Ongoing Ongoing
Programmatic Reports 2026 Q4
Programmatic Reports 2027 Q4
Strategic Plans 2024 Q4
Strategic Plans 2027 Q1
Outreach materials, posters, flyers brochures 2025 Q1
Outreach materials, posters, flyers brochures 2026 Q1
Other
Community Mapping Activity 2024 Q3
Other
Annual Community Mapping Review Ongoing Ongoing
Action Plans 2025 Q1
Other
Establish Non Profit 2025 Q4
Goal Statement
Maintain Program Fidelity
Get an independent evaluation of the BRIDGERS DUI Court Program 2027 Q4
Treatment and Leadership Teams Familiar with Best Practices Ongoing Ongoing
Monitor Equity and Inclusion Data and Make Needed Program Changes Ongoing Ongoing
Evaluation Reports 2027 Q4
Action Plans 2024 Q4
Training 2024 Q3
Training 2025 Q3
Training 2026 Q3
Objective Fiscal Year Quarter
Deliverable Fiscal Year Quarter
Objective Fiscal Year Quarter
Deliverable Fiscal Year Quarter
61
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzProc…6/33
Other 2024 Q3
Outline Orientation Process
Other
Hire Community Liaisons 2024 Q2
Policies/Procedures/Protocols 2025 Q2
Data Sets Ongoing Ongoing
Other
Provide Orientation to new team members Ongoing Ongoing
Training Ongoing Ongoing
Other
Contract with an independent evaluator 2024 Q4
Loading...
Loading...
Loading...
Loading...
Loading...
Loading...
Loading...
Budget and Associated Documentation
Year 1 Year 2 Year 3 Year 4 Total
Personnel $89,113 $93,538 $98,185 $103,178 $384,014
Fringe Benefits $31,536 $32,376 $34,056 $34,675 $132,643
Budget and Associated Documentation
Budget Summary
Budget / Financial Attachments
Pre-Agreement Cost
Indirect Cost Rate Agreement
Consultant Rate Justification
Employee Compensation Waiver
Financial Management Questionnaire (Including applicant disclosure of high-risk status)
Disclosure of Process Related to Executive Compensation
Additional Attachments
62
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzProc…7/33
Travel $17,052 $14,856 $12,848 $10,448 $55,204
Equipment $14,700 $0 $0 $0 $14,700
Supplies $6,950 $1,100 $1,100 $1,100 $10,250
Construction $0 $0 $0 $0 $0
SubAwards $0 $0 $0 $0 $0
Procurement
Contracts
$72,284 $116,058 $137,206 $160,993 $486,541
Other Costs $15,860 $26,060 $32,100 $39,000 $113,020
Total Direct
Costs
$247,495 $283,988 $315,495 $349,394 $1,196,372
Indirect Costs $0 $0 $0 $0 $0
Total ProjectCosts $247,495 $283,988 $315,495 $349,394 $1,196,372
Federal $174,097 $206,922 $235,276 $280,078 $896,372
Non-Federal $73,398 $77,066 $80,220 $69,316 $300,000
Budget Totals
Total Percentage
Total Project Cost $1,196,372
Federal Funds $896,372 74.92%
Non-Federal Amount $300,000 25.08%
Match Amount $300,000 25.08%
Program Income $0 0.00%
Please note: A er comple ng this budget detail summary, please confirm that thefollowing final values entered in this sec on are iden cal to those entered in thecorresponding es mated cost sec on of the Standard Applicant Informa on.
Specifically, the following must be equivalent. If they are not, you will not be able tosubmit this applica on un l they are updated to be equivalent.
Standard Applicant Informa on Equals Budget Summary
Total Es mated Funding =Total Project Costs
Federal Es mated Funding (federal share)=Federal Funds
Applicant Es mated Funding (non-federal share)=Match Amount
Program Income Es mated Funding =Program Income Amount
DOESTHISBUDGET CONTAINCONFERENCECOSTS WHICHIS DEFINEDBROADLY TO INCLUDEMEETINGS RETREATS SEMINARS SYMPOSIA AND N 63
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzProc…8/33
DOES THIS BUDGET CONTAIN CONFERENCE COSTS WHICH IS DEFINED BROADLY TO INCLUDE MEETINGS, RETREATS, SEMINARS, SYMPOSIA, AND
TRAINING ACTIVITIES?No
List each position by title and name of employee, if available. Show the annual salary rate and the percentage of time to be devoted to the project. Compensation paid for
employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization. In the narrative section, please provide a specific
description of the responsibilities and duties for each position, and explain how the responsibilities and duties support the project goals and objectives outlined in your
application.
unknown communityliaison $24.00 H 60.00 100.00%$1,440.00
unknown community
liaison $24.00 H 60.00 100.00%$1,440.00
ColleenHerrington
MunicipalCourtJudge $175,518.00 Y 1.00 6.00%$10,531.08
Assigned
City
Prosecutor
City
Prosecutor $119,172.00 Y 1.00 6.00%$7,150.32
ReneeBoundy CourtCoordinator $74,100.00 Y 1.00 50.00%$37,050.00
Delaney
Connor
Case
Manager $63,003.00 Y 1.00 50.00%$31,501.50
Personnel Total Cost
$89,113
Total Non-Federal Amt
(Match or Prog Inc)
$54,725
Total Federal Amount
$34,388
Additional Narrative
-Judge Herrington provides leadership for the BRIDGERS Court treatment and leadership teams, makes the final decision in status, sanction, and termination
hearings, reviews all referrals, and provides public outreach -The assigned city prosecutor (currently Ashley Carroll) attends staffing, represents the state at status,
sanction, and termination hearings, reviews all referrals, and provides public outreach. -Renee Boundy facilitates leadership and treatment team meetings, provides
grant administration and reporting, organizes needed training, collects data for leadership team and evaluations, monitors for program fidelity, gathers information on
referrals for the treatment team. provides new team member orientation, and provides public outreach. -Delaney Connor provides participant orienations. develops the
integrated case plan, provides case management duties and provides administrative support to the cooridinator. -The community liaisons attend leadership team
meetings and provide consultation on equity and inclusion.
unknown communityliaison $25.00 H 60.00 100.00%$1,500.00
unknown community
liaison $25.00 H 60.00 100.00%$1,500.00
ColleenHerrington
MunicipalCourtJudge $184,189.00 Y 1.00 6.00%$11,051.34
Assigned
City
Prosecutor
City
Prosecutor $125,131.00 Y 1.00 6.00%$7,507.86
ReneeBoundy CourtCoordinator $77,805.00 Y 1.00 50.00%$38,902.50
Delaney
Connor
Case
Manager $66,153.00 Y 1.00 50.00%$33,076.50
Personnel
Instructions
Year 1
Year 1
Personnel Detail
Name Position Salary Rate TimeWorked Percentageof Time (%)Total
Cost
Year 2
Year 2
Personnel Detail
Name Position Salary Rate TimeWorked Percentageof Time (%)Total
Cost
64
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzProc…9/33
Personnel Total Cost
$93,538
Total Non-Federal Amt
(Match or Prog Inc)
$57,460
Total Federal Amount
$36,078
Additional Narrative
-Judge Herrington provides leadership for the BRIDGERS Court treatment and leadership teams, makes the final decision in status, sanction, and termination
hearings, reviews all referrals, and provides public outreach -The assigned city prosecutor (currently Ashley Carroll) attends staffing, represents the state at status,
sanction, and termination hearings, reviews all referrals, and provides public outreach. -Renee Boundy facilitates leadership and treatment team meetings, provides
grant administration and reporting, organizes needed training, collects data for leadership team and evaluations, monitors for program fidelity, gathers information on
referrals for the treatment team. provides new team member orientation, and provides public outreach. -Delaney Connor provides participant orienations. develops the
integrated case plan, provides case management duties and provides administrative support to the cooridinator. -The community liaisons attend leadership team
meetings and provide consultation on equity and inclusion.
unknown communityliaison $26.00 H 60.00 100.00%$1,560.00
unknown community
liaison $26.00 H 60.00 100.00%$1,560.00
ColleenHerrington
MunicipalCourtJudge $193,398.00 Y 1.00 6.00%$11,603.88
Assigned
City
Prosecutor
City
Prosecutor $131,386.00 Y 1.00 6.00%$7,883.16
ReneeBoundy CourtCoordinator $81,695.00 Y 1.00 50.00%$40,847.50
Delaney
Connor
Case
Manager $69,461.00 Y 1.00 50.00%$34,730.50
Personnel Total Cost
$98,185
Total Non-Federal Amt
(Match or Prog Inc)
$60,334
Total Federal Amount
$37,852
Additional Narrative
-Judge Herrington provides leadership for the BRIDGERS Court treatment and leadership teams, makes the final decision in status, sanction, and termination
hearings, reviews all referrals, and provides public outreach -The assigned city prosecutor (currently Ashley Carroll) attends staffing, represents the state at status,
sanction, and termination hearings, reviews all referrals, and provides public outreach. -Renee Boundy facilitates leadership and treatment team meetings, provides
grant administration and reporting, organizes needed training, collects data for leadership team and evaluations, monitors for program fidelity, gathers information on
referrals for the treatment team. provides new team member orientation, and provides public outreach. -Delaney Connor provides participant orienations. develops the
integrated case plan, provides case management duties and provides administrative support to the cooridinator. -The community liaisons attend leadership team
meetings and provide consultation on equity and inclusion.
unknown communityliaison $28.00 H 60.00 100.00%$1,680.00
unknown community
liaison $28.00 H 60.00 100.00%$1,680.00
ColleenHerrington
MunicipalCourtJudge $203,068.00 Y 1.00 6.00%$12,184.08
Assigned
City City
Prosecutor $137,956.00 Y 1.00 6.00%$8,277.36
Year 3
Year 3
Personnel Detail
Name Position Salary Rate TimeWorked Percentageof Time (%)Total
Cost
Year 4
Year 4
Personnel Detail
Name Position Salary Rate TimeWorked Percentageof Time (%)Total
Cost
65
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…10/33
Fringe benefits should be based on the actual known costs or an approved negotiated rate by a Federal Agency. If not based on an approved negotiated rate, list the
composition of the fringe benefit package. Fringe benefits are for the personnel listed in Personnel budget category listed and only for the percentage of time devoted to
the project. In the narrative section, please provide a specific description for each item
y
Prosecutor Prosecutor
Renee
Boundy
Court
Coordinator $85,780.00 Y 1.00 50.00%$42,890.00
DelaneyConnor CaseManager $72,934.00 Y 1.00 50.00%$36,467.00
Personnel Total Cost
$103,178
Total Non-Federal Amt
(Match or Prog Inc)
$63,351
Total Federal Amount
$39,827
Additional Narrative
-Judge Herrington provides leadership for the BRIDGERS Court treatment and leadership teams, makes the final decision in status, sanction, and termination
hearings, reviews all referrals, and provides public outreach -The assigned city prosecutor (currently Ashley Carroll) attends staffing, represents the state at status,
sanction, and termination hearings, reviews all referrals, and provides public outreach. -Renee Boundy facilitates leadership and treatment team meetings, provides
grant administration and reporting, organizes needed training, collects data for leadership team and evaluations, monitors for program fidelity, gathers information on
referrals for the treatment team. provides new team member orientation, and provides public outreach. -Delaney Connor provides participant orienations. develops the
integrated case plan, provides case management duties and provides administrative support to the cooridinator. -The community liaisons attend leadership team
meetings and provide consultation on equity and inclusion.
Community
liaisons $2,880.00 20%$576.00
Coleen
Herrington $10,525.00 31%$3,262.75
Ashley
Carroll $7,150.00 29%$2,073.50
Renee
Boundy $37,050.00 36%$13,338.00
Delaney
Connor $31,501.00 39%$12,285.39
Fringe Benefits Total Cost
$31,536
Total Non-Federal Amt
(Match or Prog Inc)
$18,673
Total Federal Amount
$12,863
Additional Narrative
The fringe benefit package covers FICA Retirement Workman's Comp Unemployment Health/Dental/Vision Coverage The Community liaisons fringe Benefits cover
FICA, Workman's Comp, and Unemployment
Community
liaisons $3,000.00 20%$600.00
Fringe Benefits
Instructions
Year 1
Fringe Benefit Detail
Name Base Rate (%)Total Cost
Year 2
Fringe Benefit Detail
Name Base Rate (%)Total Cost
66
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…11/33
liaisons
Coleen
Herrington $11,051.00 31%$3,425.81
Ashley
Carroll $7,507.00 29%$2,177.03
Renee
Boundy $38,902.00 36%$14,004.72
Delaney
Connor $31,200.00 39%$12,168.00
Fringe Benefits Total Cost
$32,376
Total Non-Federal Amt
(Match or Prog Inc)
$19,606
Total Federal Amount
$12,770
Additional Narrative
The fringe benefit package covers FICA Retirement Workman's Comp Unemployment Health/Dental/Vision Coverage The Community liaisons fringe Benefits cover
FICA, Workman's Comp, and Unemployment
Community
liaisons $3,120.00 20%$624.00
Coleen
Herrington $11,603.00 31%$3,596.93
Ashley
Carroll $7,883.00 29%$2,286.07
Renee
Boundy $38,902.00 36%$14,004.72
Delaney
Connor $34,730.00 39%$13,544.70
Fringe Benefits Total Cost
$34,056
Total Non-Federal Amt
(Match or Prog Inc)
$19,886
Total Federal Amount
$14,170
Additional Narrative
The fringe benefit package covers FICA Retirement Workman's Comp Unemployment Health/Dental/Vision Coverage The Community liaisons fringe Benefits cover
FICA, Workman's Comp, and Unemployment
Renee
Boundy $42,890.00 36%$15,440.40
Community
liaisons $3,360.00 20%$672.00
Coleen
Herrington $10,525.00 31%$3,262.75
Ashley
Carroll $8,277.00 29%$2,400.33
Delaney
Connor $33,076.00 39%$12,899.64
Year 3
Fringe Benefit Detail
Name Base Rate (%)Total Cost
Year 4
Fringe Benefit Detail
Name Base Rate (%)Total Cost
67
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…12/33
Itemize travel expenses of staff personnel (e.g. staff to training, field interviews, advisory group meeting, etc.). Describe the purpose of each travel expenditure in
reference to the project objectives. Show the basis of computation (e.g., six people to 3-day training at $X airfare, $X lodging, $X subsistence). In training projects,
travel and meals for trainees should be listed separately. Show the number of trainees and the unit costs involved. Identify the location of travel, if known; or if
unknown, indicate "location to be determined." Indicate whether applicant's formal written travel policy or the Federal Travel Regulations are followed. Note: Travel
expenses for consultants should be included in the “Consultant Travel” data fields under the “Subawards (Subgrants)/Procurement Contracts” category. For each
Purpose Area applied for, the budget should include the estimated cost for travel and accommodations for two staff to attend two three-day long meetings, with one in
Washington D.C. and one in their region, with the exception of Purpose Area 1, which should budget for one meeting in Washington D.C, and Purpose Areas 6 and 7,
which should budget for 3 meetings within a 3 year period, with 2 in Washington D.C, and 1 within their region. All requested information must be included in the
budget detail worksheet and budget narrative.
Fringe Benefits Total Cost
$34,675
Total Non-Federal Amt
(Match or Prog Inc)
$5,965
Total Federal Amount
$28,710
Additional Narrative
The fringe benefit package covers FICA Retirement Workman's Comp Unemployment Health/Dental/Vision Coverage The Community liaisons fringe Benefits cover
FICA, Workman's Comp, and Unemployment
OJP GrantFinancialManagement
WashingtonDC Local Travel N/A $100.00 1.00 2.00 1.00 $200.00 $200.00
OJP Grant
Financial
Management
Washington
DC Transportation Round-
Trip $1,000.00 1.00 2.00 1.00 $2,000.00 $2,000.00
OJP GrantFinancialManagement
WashingtonDC Meals Day $79.00 4.50 2.00 1.00 $711.00 $711.00
OJP Grant
Financial
Management
Washington
DC Lodging Night $257.00 4.00 2.00 1.00 $2,056.00 $2,056.00
NADCPAnnualConference Annaheim Local Travel N/A $100.00 1.00 5.00 1.00 $500.00 $500.00
NADCP
Annual
Conference
Annaheim Transportation Round-
Trip $1,000.00 1.00 5.00 1.00 $5,000.00 $5,000.00
NADCPAnnualConference Annaheim Meals Day $74.00 5.50 5.00 1.00 $2,035.00 $2,035.00
NADCP
Annual
Conference
Annaheim Lodging Night $182.00 5.00 5.00 1.00 $4,550.00 $4,550.00
Travel Total Cost
$17,052
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$17,052
Additional Narrative
Meals and Lodging costs based on GSA rates for FY2023. The location was based on the historical rotation of the NADCP Conference. The National Drug Court
Professionals Annual Conference provides professional development for treatment team members and is an important part of staying current with the research on
Travel
Instructions
Year 1
Travel Detail
Purposeof Travel
Location Type ofExpense
Basis Cost Quantity # OfStaff # OfTrips
Total Cost Non-FederalContribution Federal
Request
68
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…13/33
treatment courts. The financial training updates the financial tracking employees on the details of tracking DOJ grants.
OJP GrantAdvancedFinancialManagement
WashingtonDC Local Travel N/A $100.00 1.00 1.00 1.00 $100.00 $100.00
OJP Grant
Financial
Management
Washington
DC Transportation Round-
Trip $1,000.00 1.00 1.00 1.00 $1,000.00 $1,000.00
OJP GrantFinancialManagement
WashingtonDC Meals Day $79.00 4.50 1.00 1.00 $355.50 $355.50
OJP Grant
Financial
Management
Washington
DC Lodging Night $257.00 4.00 1.00 1.00 $1,028.00 $1,028.00
NADCPAnnualConference Baltimore Local Travel N/A $100.00 1.00 5.00 1.00 $500.00 $500.00
NADCP
Annual
Conference
Baltimore Transportation Round-
Trip $1,000.00 1.00 5.00 1.00 $5,000.00 $5,000.00
NADCPAnnualConference Baltimore Meals Day $79.00 5.50 5.00 1.00 $2,172.50 $2,172.50
NADCP
Annual
Conference
Baltimore Lodging Night $188.00 5.00 5.00 1.00 $4,700.00 $4,700.00
Travel Total Cost
$14,856
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$14,856
Additional Narrative
Meals and Lodging costs based on GSA rates for FY2023. The location was based on the historical rotation of the NADCP Conference. The National Drug Court
Professionals Annual Conference provides professional development for treatment team members and is an important part of staying current with the research on
treatment courts. The advanced financial training updates the financial tracking employees on the details of tracking DOJ grants.
NADCPAnnualConference Nashville Local Travel N/A $100.00 1.00 5.00 1.00 $500.00 $500.00
NADCP
Annual
C f
Nashville Transportation Round-
Trip $1,000.00 1.00 5.00 1.00 $5,000.00 $5,000.00
Year 2
Travel Detail
Purposeof Travel
Location Type ofExpense
Basis Cost Quantity # OfStaff # OfTrips
Total Cost Non-FederalContribution Federal
Request
Year 3
Travel Detail
Purposeof Travel
Location Type ofExpense
Basis Cost Quantity # OfStaff # OfTrips
Total Cost Non-FederalContribution Federal
Request
69
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…14/33
List non-expendable items that are to be purchased (Note: Organization’s own capitalization policy for classification of equipment should be used). Expendable items
should be included in the “Supplies” category Applications should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those
subject to rapid technological advances. Rented or leased equipment costs should be listed in the “Contracts” data fields under the “Sub awards” (Sub
grants)/Procurement Contracts” category. In the budget narrative, explain how the equipment is necessary for the success In the budget narrative, explain how the
equipment is necessary for the success of the project, and describe the procurement method to be used. All requested information must be included in the budget detail
worksheet and budget narrative.
Conference Trip
NADCP
Annual
Conference
Nashville Meals Day $79.00 5.50 5.00 1.00 $2,172.50 $2,172.50
NADCPAnnualConference Nashville Lodging Night $207.00 5.00 5.00 1.00 $5,175.00 $5,175.00
Travel Total Cost
$12,848
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$12,848
Additional Narrative
Meals and Lodging costs based on GSA rates for FY2023. The location was based on the historical rotation of the NADCP Conference. The National Drug Court
Professionals Annual Conference provides professional development for treatment team members and is an important part of staying current with the research on
treatment courts.
NADCPAnnualConference Houston Local Travel N/A $100.00 1.00 5.00 1.00 $500.00 $500.00
NADCP
Annual
Conference
Houston Transportation Round-
Trip $1,000.00 1.00 5.00 1.00 $5,000.00 $5,000.00
NADCPAnnualConference Houston Meals Day $69.00 5.50 5.00 1.00 $1,897.50 $1,897.50
NADCP
Annual
Conference
Houston Lodging Night $122.00 5.00 5.00 1.00 $3,050.00 $3,050.00
Travel Total Cost
$10,448
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$10,448
Additional Narrative
Meals and Lodging costs based on GSA rates for FY2023. The location was based on the historical rotation of the NADCP Conference. The National Drug Court
Professionals Annual Conference provides professional development for treatment team members and is an important part of staying current with the research on
treatment courts. The financial training updates the financial tracking employees on the details of tracking DOJ grants.
Year 4
Travel Detail
Purposeof Travel
Location Type ofExpense
Basis Cost Quantity # OfStaff # OfTrips
Total Cost Non-FederalContribution Federal
Request
Equipment
Instructions
70
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…15/33
CAM
bracelets 5.00 $700.00 $3,500.00 $3,500.00
WirelessBaseStations 5.00 $700.00 $3,500.00 $3,500.00
Remote
Breath Units 10.00 $700.00 $7,000.00 $7,000.00
Cell phone 1.00 $700.00 $700.00 $700.00
Equipment Total Cost
$14,700
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$14,700
Additional Narrative
Consistent with the Guiding Principles, participants will be continuously monitored for alcohol use for 90 days after entering the program via remote breath devices or
alcohol monitoring bracelets. The case manager will use the cell phone to keepin touch with participants, to use the mobile app provided by datagina services, and to
make referrals to meet participants needs. We will follow the City of Bozeman's Purchasing Policy for the Continuous Alcohol Monitoring and Remote Breath
Monitoring devices. Since the total amount for the procurement is under $20,000 dollars we will get two wrtten quotes for the items and choose the lowest quote.
No items
Equipment Total Cost
$0
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$0
Additional Narrative
Consistent with the Guiding Principles, participants will be continuously monitored for alcohol use for 90 days after entering the program via remote breath devices or
alcohol monitoring bracelets. The case manager will use the cell phone to keepin touch with participants, to use the mobile app provided by datagina services, and to
make referrals to meet participants needs. We will follow the City of Bozeman's Purchasing Policy for the Continuous Alcohol Monitoring and Remote Breath
Monitoring devices. Since the total amount for the procurement is under $20,000 dollars we will get two wrtten quotes for the items and choose the lowest quote.
No items
Equipment Total Cost
$0
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$0
Additional Narrative
Consistent with the Guiding Principles, participants will be continuously monitored for alcohol use for 90 days after entering the program via remote breath devices or
Year 1
Equipment Detail
Equipment
Item
# of
Items Cost Total
Cost
Non-Federal
Contribution FederalRequest
Year 2
Equipment Detail
EquipmentItem # ofItems Cost TotalCost Non-FederalContribution Federal
Request
Year 3
Equipment Detail
Equipment
Item
# of
Items Cost Total
Cost
Non-Federal
Contribution FederalRequest
71
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…16/33
List items by type (office supplies, postage, training materials, copy paper, and expendable equipment items costing less than $5,000, such as books, hand held tape
recorders) and show the basis for computation. Generally, supplies include any materials that are expendable or consumed during the course of the project. All
requested information must be included in the budget detail worksheet and budget narrative.
g p p p y y g p g
alcohol monitoring bracelets. The case manager will use the cell phone to keepin touch with participants, to use the mobile app provided by datagina services, and to
make referrals to meet participants needs. We will follow the City of Bozeman's Purchasing Policy for the Continuous Alcohol Monitoring and Remote Breath
Monitoring devices. Since the total amount for the procurement is under $20,000 dollars we will get two wrtten quotes for the items and choose the lowest quote.
No items
Equipment Total Cost
$0
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$0
Additional Narrative
Consistent with the Guiding Principles, participants will be continuously monitored for alcohol use for 90 days after entering the program via remote breath devices or
alcohol monitoring bracelets. The case manager will use the cell phone to keepin touch with participants, to use the mobile app provided by datagina services, and to
make referrals to meet participants needs. We will follow the City of Bozeman's Purchasing Policy for the Continuous Alcohol Monitoring and Remote Breath
Monitoring devices. Since the total amount for the procurement is under $20,000 dollars we will get two wrtten quotes for the items and choose the lowest quote.
Court Orders 250.00 $2.00 $500.00 $500.00
Printed outreach
materials 400.00 $3.00 $1,200.00 $1,200.00
MRT Books 60.00 $30.00 $1,800.00 $1,800.00
Printing
Operations and
Participant
Manuals
95.00 $30.00 $2,850.00 $2,850.00
General Office
Supplies 12.00 $50.00 $600.00 $600.00
Supplies Total Cost
$6,950
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$6,950
Additional Narrative
Printed outreach materials will be used to educate referral sources and for community engagement. MRT books are for the Moral Reconation Therapy Group that
every participant will complete. The operational manual will be provided to each treatment team member and to new treatment team members during their
program orientation. The participant manuals will be distributed to participants during their program orientation. Office supplies will be used by all people in the
program. They include pens/pencils/stationary/envelopes/file folders/other basic supplies. The number was determined based on other porjects of this size that
Year 4
Equipment Detail
EquipmentItem # ofItems Cost TotalCost Non-FederalContribution Federal
Request
Supply Items
Instructions
Year 1
Supply Item Detail
Purpose ofSupply Items # ofItems Unit Cost Total Cost Non-FederalContribution Federal
Request
72
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…17/33
we have completed in the past. Court orders are handed to the participants at status hearings and contain all the court requirements. They are printed on NCR
paper so that the court, the participant and the community supervision officers all get a copy at the time of court.
Court Orders 250.00 $2.00 $500.00 $500.00
General Office
Supplies 12.00 $50.00 $600.00 $600.00
Supplies Total Cost
$1,100
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$1,100
Additional Narrative
Office supplies will be used by all people in the program. They include pens/pencils/stationary/envelopes/file folders/other basic supplies. The monthly amount of
$50.00 was determined based on other porjects of this size that we have completed in the past. Court orders are handed to the participants at status hearings
and contain all the court requirements. They are printed on NCR paper so that the court, the participant and the community supervision officers all get a copy at
the time of court.
Court Orders 250.00 $2.00 $500.00 $500.00
General Office
Supplies 12.00 $50.00 $600.00 $600.00
Supplies Total Cost
$1,100
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$1,100
Additional Narrative
Office supplies will be used by all people in the program. They include pens/pencils/stationary/envelopes/file folders/other basic supplies. The number was
determined based on other porjects of this size that we have completed in the past. Court orders are handed to the participants at status hearings and contain all
the court requirements. They are printed on NCR paper so that the court, the participant and the community supervision officers all get a copy at the time of court.
Court Orders 250.00 $2.00 $500.00 $500.00
General Office
Supplies 12.00 $50.00 $600.00 $600.00
Supplies Total Cost
$1,100
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$1,100
Additional Narrative
Office supplies will be used by all people in the program. They include pens/pencils/stationary/envelopes/file folders/other basic supplies. The number was
determined based on other porjects of this size that we have completed in the past. Court orders are handed to the participants at status hearings and contain all
the court requirements. They are printed on NCR paper so that the court, the participant and the community supervision officers all get a copy at the time of court.
Year 2
Supply Item Detail
Purpose of
Supply Items
# of
Items Unit Cost Total Cost
Non-Federal
Contribution FederalRequest
Year 3
Supply Item Detail
Purpose of
Supply Items
# of
Items Unit Cost Total Cost
Non-Federal
Contribution FederalRequest
Year 4
Supply Item Detail
Purpose ofSupply Items # ofItems Unit Cost Total Cost Non-FederalContribution Federal
Request
73
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…18/33
As a rule, construction costs are not allowable. In some cases, minor repairs or renovations may be allowable. Consult with the DOJ grant-making component before
budgeting funds in this category. In the narrative section, please provide a specific description for each item, and explain how the item supports the project goals and
objectives outlined in your application.
No items
Construction Total Cost
$0
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$0
No items
Construction Total Cost
$0
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$0
No items
Construction Total Cost
$0
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$0
Construction
Instructions
Year 1
Construction Detail
Purpose ofConstruction Descriptionof Work # ofItems Cost TotalCost Non-FederalContribution Federal
Request
Year 2
Construction Detail
Purpose of
Construction
Description
of Work
# of
Items Cost Total
Cost
Non-Federal
Contribution FederalRequest
Year 3
Construction Detail
Purpose ofConstruction Descriptionof Work # ofItems Cost TotalCost Non-FederalContribution Federal
Request
Year 4
Construction Detail
74
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…19/33
Subawards (see "Subaward" definition at 2 CFR 200.92) : Provide a description of the Federal Award activities proposed to be carried out by any subrecipient and an
estimate of the cost (include the cost per subrecipient, to the extent known prior to the application submission). For each subrecipient, enter the subrecipient entity
name, if known. Please indicate any subaward information included under budget category Subawards (Subgrants) Contracts by including the label "(subaward)" with
each subaward category.
No items
Construction Total Cost
$0
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$0
No items
Subawards Total Cost
$0
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$0
Add Consultant Travel
——
No items
Subawards Total Cost
$0
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$0
Add Consultant Travel
——
No items
Purpose ofConstruction Descriptionof Work # ofItems Cost TotalCost Non-FederalContribution FederalRequest
Subawards
Instructions
Year 1
Subaward (Subgrant) Detail
Description Purpose Consultant Country State/U.S.
Territory City Total
Cost
Non-Federal
Contribution FederalRequest
Year 2
Subaward (Subgrant) Detail
Description Purpose Consultant Country State/U.S.
Territory City Total
Cost
Non-Federal
Contribution FederalRequest
Year 3
Subaward (Subgrant) Detail
Description Purpose Consultant Country State/U.S.Territory City TotalCost Non-FederalContribution Federal
Request
75
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…20/33
Procurement contracts (see “Contract” definition at 2 CFR 200.1): Provide a description of the product or service to be procured by contract and an estimate of the
cost. Indicate whether the applicant’s formal, written Procurement Policy or the Federal Acquisition Regulation is followed. Applicants are encouraged to promote free
and open competition in awarding procurement contracts. A separate justification must be provided for noncompetitive procurements in excess of the Simplified
Acquisition Threshold set in accordance with 41 U.S.C. 1908 (currently set at $250,000).
Consultant Fees: For each consultant enter the name, if known, service to be provided, hourly or daily fee (8-hour day), and estimated time on the project. Written
prior approval and additional justification is required for consultant fees in excess of the DOJ grant-making component's threshold for an 8-hour day.
In the narrative section, please provide a specific description for each item, and explain how the item supports the project goals and objectives outlined in your
application.
Subawards Total Cost
$0
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$0
Add Consultant Travel
——
No items
Subawards Total Cost
$0
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$0
Add Consultant Travel
——
Eric Brewer Defense Counsel No United States Montana Bozeman $11,700.00 $11,700.00
Cell Phone Plan Cell phone service No United States Montana Bozeman $650.00 $650.00
Language Line Translation Service No United States Montana Bozeman $1,297.00 $1,297.00
Year 4
Subaward (Subgrant) Detail
Description Purpose Consultant Country State/U.S.
Territory City Total
Cost
Non-Federal
Contribution FederalRequest
Procurement contracts (see “Contract” definition at 2 CFR 200.22): Provide a description of the product or service to be procured by
contract and an estimate of the cost. Indicate whether the applicant’s formal, written Procurement Policy or the Federal Acquisition
Regulation is followed. Applicants are encouraged to promote free and open competition in awarding procurement contracts. A
separate justification must be provided for sole source procurements in excess of the Simplified Acquisition Threshold set in
accordance with 41 U.S.C. 1908 (currently set at $250,000) for prior approval. Please provide a specific description for each item, and
explain how the item supports the project goals and objectives outlined in your application. Consultant Fees: For each consultant
enter the name, if known, service to be provided, hourly or daily fee (8-hour day), and estimated time on the project. Unless otherwise
approved by the COPS Office, approved consultant rates will be based on the salary a consultant receives from his or her primary
employer. Consultant fees in excess of $650 per day require additional written justification, and must be pre-approved in writing by the
COPS Office if the consultant is hired via a noncompetitive bidding process. Please provide a specific description for each item, and
explain how the item supports the project goals and objectives outlined in your application. Please visit https://cops.usdoj.gov/grants
for a list of allowable and unallowable costs for this program.
Instructions
Year 1
Procurement Contract Detail
Description Purpose Consultant Country State/U.S.
Territory City Total
Cost
Non-Federal
Contribution FederalRequest
76
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…21/33
ORAS Training Case managementAssessment No United States Montana Bozeman $6,000.00 $6,000.00
Alchohol
Monitoring
Systems
Continuous Alcohol
Monitoring No United States Montana Bozeman $3,960.00 $3,960.00
Treatment Provider ClinicalAssessments Yes United States Montana Bozeman $2,400.00 $2,400.00
DUI RANT Risk Need
Assessment No United States Montana Bozeman $1,250.00 $1,250.00
Datagain Services ParticipantDatabase No United States Montana Bozeman $2,500.00 $2,500.00
Trainer Overdose
Prevention Yes United States Montana Bozeman $650.00 $650.00
Facilitator StrategicPlanning/CommunityMapping Yes United States Montana Bozeman $3,250.00 $3,250.00
Trainer Motivational
Interview Training Yes United States Montana Bozeman $1,300.00 $1,300.00
Evaluator Program Evaluation Yes United States Montana Bozeman $1,300.00 $1,300.00
Treatment Provider Treatment Provider Yes United States Montana Bozeman $33,810.00 $33,810.00
Procurement Cost
$70,067
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$70,067
Programevaluation Bozeman Local Travel $400.00 1.00 1.00 $400.00 $400.00
Program
evaluation Bozeman Transportation $1,000.00 1.00 1.00 $1,000.00 $1,000.00
Programevaluation Bozeman Meals $79.00 3.50 1.00 $276.50 $277.00
Program
evaluation Bozeman Lodging $180.00 3.00 1.00 $540.00 $540.00
Consultant Travel Total Cost
$2,217
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$2,217
Procurement Total Cost
$72,284
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$72,284
Additional Narrative
Defense counsel (12hours X 12 monsths x 81.25) Clinical Assessments (8 assessments x $300.00) Continuous Alcohol Monitoring (90 days x 8 participants x
$5.50/day) Cell phone (12 months x 54.00/ month) DUI RANT-annual fee DIMS-Annual Fee Language Line- (360 minutes/month x 6 months) Treatment Provider
Administrative (attend staffing and court/review referrals/leadership team) - 65.00/hour x 12 hours/month x 12 months Peer Support Specialist: 10
hours/month x 6 months x 10 hours per month - participant support Treatment: 264 hours x 81.25/hour (treatment for participants who can't afford treatment
Independent Evaluator will spend two days in Bozeman helping coordinator set up data collection for the independent program evaluation Trainings-Motivational
Interviewing, overdose prevention, ORAS administration, strategic planning and community mapping
Eric Brewer Defense Counsel No United States Montana Bozeman $11,700.00 $11,700.00
Consultant Travel Detail
Purpose
ofTravel Location Type ofExpense Cost Duration or Distance # ofStaff TotalCost Non-FederalContribution Federal Request
Year 2
Procurement Contract Detail
Description Purpose Consultant Country State/U.S.
Territory City Total
Cost
Non-Federal
Contribution FederalRequest
77
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…22/33
Cell Phone Plan Cell phone No United States Montana Bozeman $650.00 $650.00
service
Language Line Translation
Service No United States Montana Bozeman $1,296.00 $1,296.00
AlchoholMonitoringSystems
ContinuousAlcoholMonitoring No United States Montana Bozeman $5,940.00 $5,940.00
Treatment Provider Clinical
Assessments Yes United States Montana Bozeman $3,600.00 $3,600.00
DUI RANT Risk NeedAssessment No United States Montana Bozeman $1,250.00 $1,250.00
Datagain Services Participant
Database No United States Montana Bozeman $2,500.00 $2,500.00
Trainer OverdosePrevention Yes United States Montana Bozeman $650.00 $650.00
Evaluator Program
Evaluation Yes United States Montana Bozeman $975.00 $975.00
Treatment Provider TreatmentProvider Yes United States Montana Bozeman $87,497.00 $87,497.00
Procurement Cost
$116,058
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$116,058
No items
Consultant Travel Total Cost
$0
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$0
Procurement Total Cost
$116,058
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$116,058
Additional Narrative
Defense counsel (12hours X 12 monsths x 81.25) Clinical Assessments (12 assessments x $300.00) Continuous Alcohol Monitoring (90 days x 12 participants x
$5.50/day) Cell phone (12 months x 54.00/ month) DUI RANT-annual fee DIMS-Annual Fee Language Line- (360 minutes/month x 6 months) Treatment Provider
Administrative (attend staffing and court/review referrals/leadership team) - 65.00/hour x 12 hours/month x 12 months & Peer Support Specialist: 20
hours/month x 12 months x $50.00 - participant support & Treatment:814 hours x 81.25/hour (treatment for participants who can't afford treatment
Independent Evaluator will spend 12 hours (12 x 81.25/hour) consulting wtih coordinator to compile reports for quarterly leadership meetings Trainings-Recovery
Management
Eric Brewer Defense Counsel Yes United States Montana Bozeman $11,700.00 $11,700.00
Cell Phone Plan Cell phone service No United States Montana Bozeman $650.00 $650.00
Language Line Translation Service No United States Montana Bozeman $1,296.00 $1,296.00
Alchohol
Monitoring
Systems
Continuous Alcohol
Monitoring No United States Montana Bozeman $9,900.00 $9,900.00
Consultant Travel Detail
Purpose
ofTravel Location Type ofExpense Cost Duration or Distance # ofStaff TotalCost Non-FederalContribution Federal Request
Year 3
Procurement Contract Detail
Description Purpose Consultant Country State/U.S.Territory City TotalCost Non-FederalContribution Federal
Request
78
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…23/33
Systems
Treatment Provider Clinical
Assessments Yes United States Montana Bozeman $6,000.00 $6,000.00
DUI RANT Risk NeedAssessment No United States Montana Bozeman $1,250.00 $1,250.00
Datagain Services Participant
Database No United States Montana Bozeman $2,500.00 $2,500.00
Facilitator StrategicPlanning/CommunityMapping Yes United States Montana Bozeman $3,250.00 $3,250.00
Evaluator Program Evaluation Yes United States Montana Bozeman $975.00 $975.00
Treatment Provider Treatment Provider Yes United States Montana Bozeman $99,685.00 $99,685.00
Procurement Cost
$137,206
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$137,206
No items
Consultant Travel Total Cost
$0
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$0
Procurement Total Cost
$137,206
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$137,206
Additional Narrative
Defense counsel (12hours X 12 monsths x 81.25) Clinical Assessments (20 assessments x $300.00) Continuous Alcohol Monitoring (90 days x 20 participants x
$5.50/day) Cell phone (12 months x 54.00/ month) DUI RANT-annual fee DIMS-Annual Fee Language Line- (360 minutes/month x 6 months) Treatment Provider
Administrative (attend staffing and court/review referrals/leadership team) - 65.00/hour x 12 hours/month x 12 months & Peer Support Specialist: 20
hours/month x 12 months x $50.00 - participant support & Treatment: 964 hours x 81.25/hour (treatment for participants who can't afford treatment
Independent Evaluator will spend 12 hours (12 x 81.25/hour) consulting wtih coordinator to compile reports for quarterly leadership meetings Facillitator will
work with the leadership team on strategic planning specifically related to sustainable funding
Cell Phone Plan Cell phone
service No United States Montana Bozeman $650.00 $650.00
Language Line TranslationService No United States Montana Bozeman $1,296.00 $1,296.00
Alchohol
Monitoring
Systems
Continuous
Alcohol
Monitoring
No United States Montana Bozeman $12,375.00 $12,375.00
Treatment Provider ClinicalAssessments Yes United States Montana Bozeman $7,500.00 $7,500.00
DUI RANT Risk Need
Assessment No United States Montana Bozeman $1,250.00 $1,250.00
Datagain Services ParticipantDatabase No United States Montana Bozeman $2,500.00 $2,500.00
Consultant Travel Detail
Purposeof
Travel Location Type of
Expense Cost Duration or Distance # of
Staff
Total
Cost
Non-Federal
Contribution Federal Request
Year 4
Procurement Contract Detail
Description Purpose Consultant Country State/U.S.
Territory City Total
Cost
Non-Federal
Contribution FederalRequest
79
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…24/33
List items (e.g., rent, reproduction, telephone, janitorial or security services, and investigative or confidential funds) by type and the basis of the computation. For
example, provide the square footage and the cost per square foot for rent, or provide a monthly rental cost and how many months to rent. All requested information
must be included in the budget detail worksheet and budget narrative.
Eric Brewer Defense Counsel No United States Montana Bozeman $11,700.00 $11,700.00
Evaluator Program
Evaluation Yes United States Montana Bozeman $5,200.00 $5,200.00
Treatment Provider TreatmentProvider Yes United States Montana Bozeman $111,872.00 $111,872.00
Procurement Cost
$154,343
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$154,343
Programevaluation Bozeman Local Travel $400.00 1.00 3.00 $1,200.00 $1,200.00
Program
evaluation Bozeman Transportation $1,000.00 1.00 3.00 $3,000.00 $3,000.00
Programevaluation Bozeman Meals $79.00 3.50 3.00 $829.50 $830.00
Program
evaluation Bozeman Lodging $180.00 3.00 3.00 $1,620.00 $1,620.00
Consultant Travel Total Cost
$6,650
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$6,650
Procurement Total Cost
$160,993
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$160,993
Additional Narrative
Defense counsel (12hours X 12 monsths x 81.25) Clinical Assessments (25 assessments x $300.00) Continuous Alcohol Monitoring (90 days x 25 participants x
$5.50/day) Cell phone (12 months x 54.00/ month) DUI RANT-annual fee DIMS-Annual Fee Language Line- (360 minutes/month x 6 months) Treatment Provider
Administrative (attend staffing and court/review referrals/leadership team) - 65.00/hour x 12 hours/month x 12 months & Peer Support Specialist: 20
hours/month x 12 months x $50.00 - participant support & Treatment: 1114 hours x 81.25/hour (treatment for participants who can't afford treatment
Independent Evaluator will travel to Bozeman 3 times during the year and then complete an independent evaluation of the program
Sober Social Support 8.00 per
participant $300.00 1.00 $2,400.00 $2,400.00
TransportationSupport 8.00 perparticipant $300.00 1.00 $2,400.00 $2,400.00
Video PSA's 1.00 per Vidio $5,000.00 1.00 $5,000.00 $5,000.00
Consultant Travel Detail
Purpose
ofTravel Location Type ofExpense Cost Duration or Distance # ofStaff TotalCost Non-FederalContribution Federal Request
Other Direct Costs
Instructions
Year 1
Other Cost Detail
Description Quantity Basis Costs
Lengthof
Time Total Costs Non-Federal
Contribution FederalRequest
80
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…25/33
Video PSAs 1.00 per Vidio $5,000.00 1.00 $5,000.00 $5,000.00
Testing 312.00 per test $5.00 1.00 $1,560.00 $1,560.00
NADCP conference
registration 5.00 per
registration $900.00 1.00 $4,500.00 $4,500.00
Other Costs Total Cost
$15,860
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$15,860
Additional Narrative
Sober Social Support- Each participant will try sober social activities approved by the treatment provider to support sobriety. Each participant will have access to
$300.00 for pre-approved activities (Trauma informed meditation, trauma informed yoga, nutrition educaiton, etc.) Transportation Support (uber cards; gas cards)
Participants will be able to request support from the case manager or court coordinator for court required activities. Each participant can access up to $300 during
their time in the program. (8 participants x $300/participant) Video PSA's will be used for community engagement and outreach to referrals Per Evidence Based
Practices, participants will be tested randomly 3x per week - 3 tests/week x 13 weeks x 5.00/test) NADCP Conference registration runs about $900.00 per person.
Sober Social Support 12.00 perparticipant $300.00 1.00 $3,600.00 $3,600.00
Transportation
Support 12.00 per
participant $300.00 1.00 $3,600.00 $3,600.00
Video PSA's 1.00 per Video $5,000.00 1.00 $5,000.00 $5,000.00
Testing 1,872.00 per test $5.00 1.00 $9,360.00 $9,360.00
NADCP conferenceregistration 5.00 perregistration $900.00 1.00 $4,500.00 $4,500.00
Other Costs Total Cost
$26,060
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$26,060
Additional Narrative
Sober Social Support- Each participant will try sober social activities approved by the treatment provider to support sobriety. Each participant will have access to
$300.00 for pre-approved activities (Trauma informed meditation, trauma informed yoga, nutrition educaiton, etc.) Transportation Support (uber cards; gas cards)
Participants will be able to request support from the case manager or court coordinator for court required activities. Each participant can access up to $300 during
their time in the program. (8 participants x $300/participant) Video PSA's will be used for community engagement and outreach to referrals Per Evidence Based
Practices, participants will be tested randomly 3x per week - (3 tests/week x 12 participants x 52 weeks) NADCP Conference registration runs about $900.00 per
person.
Sober Social Support 20.00 perparticipant $300.00 1.00 $6,000.00 $6,000.00
Transportation
Support 20.00 per
participant $300.00 1.00 $6,000.00 $6,000.00
Testing 3,120.00 per test $5.00 1.00 $15,600.00 $15,600.00
NADCP conference
registration 5.00 per
registration $900.00 1.00 $4,500.00 $4,500.00
Other Costs Total Cost
$32,100
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$32,100
Additional Narrative
Sober Social Support- Each participant will try sober social activities approved by the treatment provider to support sobriety. Each participant will have access to
Year 2
Other Cost Detail
Description Quantity Basis Costs
Length
ofTime Total Costs Non-FederalContribution Federal
Request
Year 3
Other Cost Detail
Description Quantity Basis Costs
Length
ofTime Total Costs Non-FederalContribution Federal
Request
81
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…26/33
Indirect costs are allowed only if: a) the applicant has a current, federally approved indirect cost rate; or b) the applicant is eligible to use and elects to use the “de
minimis” indirect cost rate described in 2 C.F.R. 200.414(f). (See paragraph D.1.b. in Appendix VII to Part 200—States and Local Government and Indian Tribe
Indirect Cost Proposals for a description of entities that may not elect to use the “de minimis” rate.) An applicant with a current, federally approved indirect cost rate
must attach a copy of the rate approval, (a fully-executed, negotiated agreement). If the applicant does not have an approved rate, one can be requested by
contacting the applicant’s cognizant Federal agency, which will review all documentation and approve a rate for the applicant organization, or if the applicant’s
accounting system permits, costs may be allocated in the direct costs categories. (Applicant Indian tribal governments, in particular, should review Appendix VII to
Part 200—States and Local Government and Indian Tribe Indirect Cost Proposals regarding submission and documentation of indirect cost proposals.) All requested
information must be included in the budget detail worksheet and budget narrative. In order to use the “de minimis” indirect rate an applicant would need to attach
written documentation to the application that advises DOJ of both the applicant’s eligibility (to use the “de minimis” rate) and its election. If the applicant elects the de
minimis method, costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as both. In addition, if
this method is chosen then it must be used consistently for all federal awards until such time as the applicant entity chooses to negotiate a federally approved indirect
cost rate.
pp p p y pp y p pp y p p
$300.00 for pre-approved activities (Trauma informed meditation, trauma informed yoga, nutrition educaiton, etc.) Transportation Support (uber cards; gas cards)
Participants will be able to request support from the case manager or court coordinator for court required activities. Each participant can access up to $300 during
their time in the program. (20 participants x $300/participant) Per Evidence Based Practices, participants will be tested randomly 3x per week - (3 tests/week x 20
participants x 52 weeks) NADCP Conference registration runs about $900.00 per person.
Sober Social Support 25.00 perparticipant $300.00 1.00 $7,500.00 $7,500.00
Transportation
Support 25.00 per
participant $300.00 1.00 $7,500.00 $7,500.00
Testing 3,900.00 per test $5.00 1.00 $19,500.00 $19,500.00
NADCP conference
registration 5.00 per
registration $900.00 1.00 $4,500.00 $4,500.00
Other Costs Total Cost
$39,000
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$39,000
Additional Narrative
Sober Social Support- Each participant will try sober social activities approved by the treatment provider to support sobriety. Each participant will have access to
$300.00 for pre-approved activities (Trauma informed meditation, trauma informed yoga, nutrition educaiton, etc.) Transportation Support (uber cards; gas cards)
Participants will be able to request support from the case manager or court coordinator for court required activities. Each participant can access up to $300 during
their time in the program. (8 participants x $300/participant) Per Evidence Based Practices, participants will be tested randomly 3x per week - (3 tests/week x 25
participants x 52 weeks) NADCP Conference registration runs about $900.00 per person.
No items
Indirect Costs Total Cost
$0
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$0
Additional Narrative
Year 4
Other Cost Detail
Description Quantity Basis Costs
Length
ofTime Total Costs Non-FederalContribution Federal
Request
Indirect Costs
Instructions
Year 1
Indirect Cost Detail
Description Base
Indirect
CostRate Total Cost Non-FederalContribution Federal
Request
82
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…27/33
No items
Indirect Costs Total Cost
$0
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$0
Additional Narrative
No items
Indirect Costs Total Cost
$0
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$0
Additional Narrative
No items
Indirect Costs Total Cost
$0
Total Non-Federal Amt
(Match or Prog Inc)
$0
Total Federal Amount
$0
Additional Narrative
Year 2
Indirect Cost Detail
Description Base
IndirectCost
Rate Total Cost
Non-Federal
Contribution FederalRequest
Year 3
Indirect Cost Detail
Description Base
IndirectCost
Rate Total Cost
Non-Federal
Contribution FederalRequest
Year 4
Indirect Cost Detail
Description Base
Indirect
CostRate Total Cost Non-FederalContribution Federal
Request
Memoranda of Understanding (MOUs) and Other Supportive Documents
Memoranda of Understanding (MOUs) and Other Supportive Documents
83
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…28/33
Disclosure of Lobbying Activities
Name
Form SFLLL_2_0-V2.0.pdf
Category
LobbyingActivitiesDisclosure
Created by
——
Application
Number
——
Name
DUI Resumes
$28merged$29.pdf
Category
Curriculum Vitae or Resumes
Created by
Renee Boundy
Application
Number
——
Date Added
04/13/2023
No documents have been uploaded for Tribal Authorizing Resolution
Name
Evaluation Integrity.docx
Category
Research and Evaluation
Independence and Integrity
Statement
Created by
Renee Boundy
Application
Number
——
Date Added
04/12/2023
Name
BHDD LOS_DUI Treatment
Court_April 2023.pdf
Category
State Substance Abuse
Agency Director or Designee
Letter (recommended)
Created by
Renee Boundy
Application
Number
——
Date Added
04/17/2023
Name
Treatment Team MOU
signed.pdf
Category
Memorandum of
Understanding Signed by
Key Treatment Court Team
Members or by a Designated
Agency Representative
(recommended)
Created by
Renee Boundy
Application
Number
——
Date Added
04/12/2023
Name
Supreme court letter.pdf
Category
Chief Justice, State Court
Administrator, or Designee
Letter (recommended)
Created by
Renee Boundy
Application
Number
——
Date Added
04/12/2023
Additional Application Components
Curriculum Vitae or Resumes
Tribal Authorizing Resolution
Research and Evaluation Independence and Integrity Statement
Additional Attachments
Disclosures and Assurances
84
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…29/33
No. [Applicant Name on SF-424] does not have (and is not proposed as a subrecipient under) any pending applications submitted within the last 12 months for
federally funded grants or cooperative agreements (or for subawards under federal grants or cooperative agreements) that request funding to support the same
project being proposed in this application to OJP and that would cover any identical cost items outlined in the budget submitted as part of this application.
OMB APPROVAL NUMBER 1121-0140
EXPIRES 05/31/2019
U.S. DEPARTMENT OF JUSTICE
CERTIFIED STANDARD ASSURANCES
On behalf of the Applicant, and in support of this application for a grant or cooperative agreement, I certify under penalty of perjury to the U.S. Department of Justice
("Department"), that all of the following are true and correct:
(1) I have the authority to make the following representations on behalf of myself and the Applicant. I understand that these representations will be relied
upon as material in any Department decision to make an award to the Applicant based on its application.
(2) I certify that the Applicant has the legal authority to apply for the federal assistance sought by the application, and that it has the institutional,
managerial, and financial capability (including funds sufficient to pay any required non-federal share of project costs) to plan, manage, and complete the
project described in the application properly.
(3) I assure that, throughout the period of performance for the award (if any) made by the Department based on the application--
a. the Applicant will comply with all award requirements and all federal statutes and regulations applicable to the award;
b. the Applicant will require all subrecipients to comply with all applicable award requirements and all applicable federal statutes and regulations; and
c. the Applicant will maintain safeguards to address and prevent any organizational conflict of interest, and also to prohibit employees from using their
positions in any manner that poses, or appears to pose, a personal or financial conflict of interest.
(4) The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application
specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition--
a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C.
§ 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681);
and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102);
b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section
299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section
40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by the Office on Violence Against
Women, also may apply to an award made otherwise;
c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and associated regulations); and
d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204.
(5) The Applicant also understands that (in addition to any applicable program-specific regulations and to applicable federal regulations that pertain to civil
rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may include, but
are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical
information), 23 (criminal intelligence systems), 38 (regarding faith-based or religious organizations participating in federal financial assistance programs),
and 46 (human subjects protection).
(6) I assure that the Applicant will assist the Department as necessary (and will require subrecipients and contractors to assist as necessary) with the
Department's compliance with section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108), the Archeological and Historical
Preservation Act of 1974 (54 U.S.C. §§ 312501-312508), and the National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321-4335), and 28 C.F.R.
Parts 61 (NEPA)and 63 (floodplains and wetlands).
Disclosure of Duplication in Cost Items
DOJ Certified Standard Assurances
85
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…30/33
Parts 61 (NEPA) and 63 (floodplains and wetlands).
(7) I assure that the Applicant will give the Department and the Government Accountability Office, through any authorized representative, access to, and
opportunity to examine, all paper or electronic records related to the award (if any) made by the Department based on the application.
(8) If this application is for an award from the National Institute of Justice or the Bureau of Justice Statistics pursuant to which award funds may be made
available (whether by the award directly or by any subaward at any tier) to an institution of higher education (as defined at 34 U.S.C. § 10251(a)(17)), I
assure that, if any award funds actually are made available to such an institution, the Applicant will require that, throughout the period of performance--
a. each such institution comply with any requirements that are imposed on it by the First Amendment to the Constitution of the United States; and
b. subject to par. a, each such institution comply with its own representations, if any, concerning academic freedom, freedom of inquiry and debate,
research independence, and research integrity, at the institution, that are included in promotional materials, in official statements, in formal policies,
in applications for grants (including this award application), for accreditation, or for licensing, or in submissions relating to such grants, accreditation,
or licensing, or that otherwise are made or disseminated to students, to faculty, or to the general public.
(9) I assure that, if the Applicant is a governmental entity, with respect to the award (if any) made by the Department based on the application--
a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655),
which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and
b. it will comply with requirements of 5 U.S.C. §§ 1501-1508 and 7324-7328, which limit certain political activities of State or local government
employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance.
(10) If the Applicant applies for and receives an award from the Office of Community Oriented Policing Services (COPS Office), I assure that as required
by 34 U.S.C. § 10382(c)(11), it will, to the extent practicable and consistent with applicable law--including, but not limited to, the Indian Self- Determination
and Education Assistance Act--seek, recruit, and hire qualified members of racial and ethnic minority groups and qualified women in order to further
effective law enforcement by increasing their ranks within the sworn positions, as provided under 34 U.S.C. § 10382(c)(11).
(11) If the Applicant applies for and receives a DOJ award under the STOP School Violence Act program, I assure as required by 34 U.S.C. § 10552(a)(3),
that it will maintain and report such data, records, and information (programmatic and financial) as DOJ may reasonably require.
I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in the
application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-
10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C.
§§ 3729-3730 and 3801-3812). I also acknowledge that the Department's awards, including certifications provided in connection with such awards, are
subject to review by the Department, including by its Office of the Inspector General.
SignerID
rboundy@bozeman.net
Signing Date / Time
4/14/23 2:18 PM
U.S. DEPARTMENT OF JUSTICE
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG-FREE WORKPLACE REQUIREMENTS; LAW
ENFORCEMENT AND COMMUNITY POLICING
Applicants should refer to the regula ons and other requirements cited below to determine the cer fica on to which they are required to a est. Applicants
should also review the instruc ons for cer fica on included in the regula ons or other cited requirements before comple ng this form. The cer fica ons shall be
treated as a material representa on of fact upon which reliance will be placed when the U.S. Department of Jus ce (“Department”) determines to award the
covered transac on, grant, or coopera ve agreement.
DOJ Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace
Requirements; Law Enforcement and Community Policing
86
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…31/33
,g ,p g
1. LOBBYING
As required by 31 U.S.C. § 1352, as implemented by 28 C.F.R. Part 69, the Applicant cer fies and assures (to the extent applicable) the following:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Applicant, to any person for influencing or a emp ng to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connec on with the
making of any Federal grant, the entering into of any coopera ve agreement, or the extension, con nua on, renewal, amendment, or modifica on of any Federal
grant or coopera ve agreement;
(b) If the Applicant’s request for Federal funds is in excess of $100,000, and any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or a emp ng to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connec on with this Federal grant or coopera ve agreement, the Applicant shall complete and submit Standard Form - LLL,
“Disclosure of Lobbying Ac vi es” in accordance with its (and any DOJ awarding agency’s) instruc ons; and
(c) The Applicant shall require that the language of this cer fica on be included in the award documents for all subgrants and procurement contracts (and their
subcontracts) funded with Federal award funds and shall ensure that any cer fica ons or lobbying disclosures required of recipients of such subgrants and
procurement contracts (or their subcontractors) are made and filed in accordance with 31 U.S.C. § 1352.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
A. Pursuant to Department regula ons on nonprocurement debarment and suspension implemented at 2 C.F.R. Part 2867, and to other related requirements, the
Applicant cer fies, with respect to prospec ve par cipants in a primary er “covered transac on,” as defined at 2 C.F.R. § 2867.20(a), that neither it nor any of its
principals--
(a) is presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or
voluntarily excluded from covered transac ons by any Federal department or agency;
(b) has within a three-year period preceding this applica on been convicted of a felony criminal viola on under any Federal law, or been convicted or had a civil
judgment rendered against it for commission of fraud or a criminal offense in connec on with obtaining, a emp ng to obtain, or performing a public (Federal,
State, tribal, or local) transac on or private agreement or transac on; viola on of Federal or State an trust statutes or commission of embezzlement, the ,
forgery, bribery, falsifica on or destruc on of records, making false statements, tax evasion or receiving stolen property, making false claims, or obstruc on of
jus ce, or commission of any offense indica ng a lack of business integrity or business honesty that seriously and directly affects its (or its principals’) present
responsibility;
(c) is presently indicted for or otherwise criminally or civilly charged by a governmental en ty (Federal, State, tribal, or local) with commission of any of the
offenses enumerated in paragraph (b) of this cer fica on; and/or
(d) has within a three-year period preceding this applica on had one or more public transac ons (Federal, State, tribal, or local) terminated for cause or default.
B. Where the Applicant is unable to cer fy to any of the statements in this cer fica on, it shall a ach an explana on to this applica on. Where the Applicant or
any of its principals was convicted, within a three-year period preceding this applica on, of a felony criminal viola on under any Federal law, the Applicant also
must disclose such felony criminal convic on in wri ng to the Department (for OJP Applicants, to OJP at Ojpcompliancerepor ng@usdoj.gov; for OVW Applicants,
to OVW at OVW.GFMD@usdoj.gov; or for COPS Applicants, to COPS at AskCOPSRC@usdoj.gov), unless such disclosure has already been made.
3. FEDERAL TAXES
A. If the Applicant is a corpora on, it cer fies either that (1) the corpora on has no unpaid Federal tax liability that has been assessed, for which all judicial and
administra ve remedies have been exhausted or have lapsed, that is not being paid in a mely manner pursuant to an agreement with the authority responsible
for collec ng the tax liability, or (2) the corpora on has provided wri en no ce of such an unpaid tax liability (or liabili es) to the Department (for OJP Applicants,
to OJP at Ojpcompliancerepor ng@usdoj.gov; for OVW Applicants, to OVW at OVW.GFMD@usdoj.gov; or for COPS Applicants, to COPS at
AskCOPSRC@usdoj.gov).
B. Where the Applicant is unable to cer fy to any of the statements in this cer fica on, it shall a ach an explana on to this applica on.
4. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, as implemented at 28 C.F.R. Part 83, Subpart F, for grantees, as defined at 28 C.F.R. §§ 83.620 and 83.650:
A. The Applicant cer fies and assures that it will, or will con nue to, provide a drug-free workplace by--
(a) Publishing a statement no fying employees that the unlawful manufacture, distribu on, dispensing, possession, or use of a controlled substance is prohibited
in its workplace and specifying the ac ons that will be taken against employees for viola on of such prohibi on;
(b) Establishing an on-going drug-free awareness program to inform employees about--
(1) The dangers of drug abuse in the workplace;
(2) The Applicant’s policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilita on, and employee assistance programs; and
(4) The penal es that may be imposed upon employees for drug abuse viola ons occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the award be given a copy of the statement required by paragraph (a);
(d) No fying the employee in the statement required by paragraph (a) that, as a condi on of employment under the award, the employee will--
87
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…32/33
(1) Abide by the terms of the statement; and
(2) No fy the employer in wri ng of the employee’s convic on for a viola on of a criminal drug statute occurring in the workplace no later than five calendar days
a er such convic on;
(e) No fying the Department, in wri ng, within 10 calendar days a er receiving no ce under subparagraph (d)(2) from an employee or otherwise receiving actual
no ce of such convic on. Employers of convicted employees must provide no ce, including posi on tle of any such convicted employee to the Department, as
follows:
For COPS award recipients - COPS Office, 145 N Street, NE, Washington, DC, 20530;
For OJP and OVW award recipients - U.S. Department of Jus ce, Office of Jus ce Programs, ATTN: Control Desk, 810 7th Street, N.W., Washington, D.C. 20531.
No ce shall include the iden fica on number(s) of each affected award;
(f) Taking one of the following ac ons, within 30 calendar days of receiving no ce under subparagraph (d)(2), with respect to any employee who is so convicted:
(1) Taking appropriate personnel ac on against such an employee, up to and including termina on, consistent with the requirements of the Rehabilita on Act of
1973, as amended; or
(2) Requiring such employee to par cipate sa sfactorily in a drug abuse assistance or rehabilita on program approved for such purposes by a Federal, State, or
local health, law enforcement, or other appropriate agency; and
(g) Making a good faith effort to con nue to maintain a drug-free workplace through implementa on of paragraphs (a), (b), (c), (d), (e), and (f).
5. LAW ENFORCEMENT AGENCY CERTIFICATION REQUIRED UNDER DEPARTMENT OF JUSTICE DISCRETIONARY GRANT PROGRAMS (“SAFE POLICING
CERTIFICATION”)
If this applica on is for a discre onary award pursuant to which award funds may be made available (whether by the award directly or by any subaward at any
er) to a State, local, college, or university law enforcement agency, the Applicant cer fies that any such law enforcement agency to which funds will be made
available has been cer fied by an approved independent creden aling body or has started the cer fica on process. To become cer fied, a law enforcement
agency must meet two mandatory condi ons:
(a) the agency’s use of force policies adhere to all applicable federal, State, and local laws; and
(b) the agency’s use of force policies prohibit chokeholds except in situa ons where use of deadly force is allowed by law.
For detailed informa on on this cer fica on requirement, see https://cops.usdoj.gov/SafePolicingEO .
The Applicant acknowledges that compliance with this safe policing cer fica on requirement does not ensure compliance with federal, state, or local law, and that
such cer fica on shall not cons tute a defense in any federal lawsuit. Nothing in the safe policing cer fica on process or safe policing requirement is intended to
be (or may be) used by third par es to create liability by or against the United States or any of its officials, officers, agents or employees under any federal law.
Neither the safe policing cer fica on process nor the safe policing cer fica on requirement is intended to (or does) confer any right on any third-person or en ty
seeking relief against the United States or any officer or employee thereof. No person or en ty is intended to be (or is) a third-party beneficiary of the safe
policing cer fica on process, or, with respect to the safe policing cer fica on requirement, such a beneficiary for purposes of any civil, criminal, or administra ve
ac on.
6. COORDINATION REQUIRED UNDER PUBLIC SAFETY AND COMMUNITY POLICING PROGRAMS
As required by the Public Safety Partnership and Community Policing Act of 1994, at 34 U.S.C. § 10382(c)(5), if this applica on is for a COPS award, the Applicant
cer fies that there has been appropriate coordina on with all agencies that may be affected by its award. Affected agencies may include, among others, Offices
of the United States A orneys; State, local, or tribal prosecutors; or correc onal agencies.
I acknowledge that a materially false, fic ous, or fraudulent statement (or concealment or omission of a material fact) in this cer fica on, or in the applica on
that it supports, may be the subject of criminal prosecu on (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may
subject me and the Applicant to civil penal es and administra ve remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812).
I also acknowledge that the Department’s awards, including cer fica ons provided in connec on with such awards, are subject to review by the Department,
including by its Office of the Inspector General.
SignerID
rboundy@bozeman.net
Signing Date / Time
4/14/23 2:19 PM
88
9/29/23, 12:11 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro…33/33
Declaration and Certification to the U.S. Department of Justice as to this Application Submission
By [taking this action], I --
1. Declare the following to the U.S. Department of Justice (DOJ), under penalty of perjury: (1) I have authority to make this declaration and certification
on behalf of the applicant; (2) I have conducted or there was conducted (including by the applicant’s legal counsel as appropriate, and made available
to me) a diligent review of all requirements pertinent to and all matters encompassed by this declaration and certification.
2. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of
the date of this application submission: (1) I have reviewed this application and all supporting materials submitted in connection therewith (including
anything submitted in support of this application by any person on behalf of the applicant before or at the time of the application submission and any
materials that accompany this declaration and certification); (2) The information in this application and in all supporting materials is accurate, true, and
complete information as of the date of this request; and (3) I have the authority to submit this application on behalf of the applicant.
3. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action
pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand
that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material
fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and
also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§
3729-3730 and/or §§ 3801-3812) or otherwise.
SignerID
rboundy@bozeman.net
Signing Date / Time
4/13/23 4:24 PM
Certified
Other
89
Memorandum
REPORT TO:City Commission
FROM:Nick Ross, Director of Transportation
Kevin Handelin, Solid Waste Superintendent
SUBJECT:Authorize the City Manager to sign Memorandum of Understanding for the
City-County Solid Waste Transfer Station
MEETING DATE:October 17, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Memorandum of Understanding for the
City-County Solid Waste Transfer Station
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:
The Gallatin Solid Waste Management District (GSWMD) currently operates
the Logan Landfill and Bozeman Convenience Site (BCS). In 2018, GSWMD
began investigating options to improve and expand the BCS to address
increasing volume of collection driven by population increases across the
valley. The two primary locations of study for a new transfer facility include
the Bozeman Water Reclamation Facility (WRF) and Logan Landfill. These
two sites are approximatively 25 miles apart.
Residents of Bozeman and Gallatin County as well as City of Bozeman Solid
Waste Division will be expected to see moderate increases to tipping fees
regardless in order to fund construction of the new transfer facility regardless
of location chosen, yet would see a substantial benefit to placing the new
transfer facility close to centers of population density. Further, the operational
benefit to Bozeman Solid Waste in terms of capital cost of vehicle
replacement, operating cost of fuel, and environmental impact of emissions is
significant. City staff project a substantial annual operating savings from
those three factors as well as more than 350 mt of emission reductions.
City staff have conducted a site planning exercise to ensure the transfer
facility could be located on WRF property without impacting future City
needs for the site. Construction of the transfer facility also fits within the
intended land uses at this location. For these reasons and others, Staff have
recommended adoption of this Memorandum of Understanding in order to
establish roles and responsibilities for the City, County, and GSWMD as they
advance their project.
90
UNRESOLVED ISSUES:Final design and permitting approvals consistent with projects of this nature.
ALTERNATIVES:None
FISCAL EFFECTS:None.
Attachments:
Transfer Station MOU (9.27.23)
Report compiled on: September 29, 2023
91
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) between the City of Bozeman,
Montana (City), a self-governing Charter city, Gallatin County (County), and the
Gallatin Solid Waste Management District (District) is entered into for the purpose
of outlining the duties and responsibilities of each entity with respect to the transfer
of certain real property from the City to the County for the purpose of constructing
and operating a solid waste transfer station.
WHEREAS, the County along with the District seek to develop a solid waste transfer
station (the “Project”) to alleviate congestion at the Logan Landfill and for the
convenience of all residents of Gallatin County, including the cities of Bozeman and
Belgrade; and,
WHEREAS, the Project includes the collection and temporary storage of solid waste
for purposes of repacking solid waste into larger containers for more efficient
transfer to the Logan Landfill; and
WHEREAS, the Project also consists of the development of a convenience site for
Bozeman and other District residents to drop off materials similar to the Bozeman
Convenience Site located at the Story Mill Landfill including recycling and
composting collection; and
WHEREAS, the City aims to implement the Bozeman Climate Plan and reduce costs
related to City solid waste services and costs for the citizens of Bozeman traveling
to the Logan Landfill; and
WHEREAS, the City owns property located along U.S. Hwy 10, specifically located
at Tract COB of C.O.S. 473F, Tract A-1-B of C.O.S. 473B, Tract A-2 of C.O.S.
473A, and Tract B of C.O.S. 473 (shown on Exhibit A and hereinafter referred to as
“the Site”) which it is considering for donation to the County for the Project above;
and,
WHEREAS, the City is currently planning for a new public works facility on the
same property which will require coordination and planning with the new District
solid waste transfer station; and,
92
WHEREAS, the City and County believe it is important to set forth a non-binding
agreement to identify the intentions and actions of each party in furtherance of a land
donation; and,
WHEREAS, the District maintains and operates Logan Landfill and the Bozeman
Convenience Site and would manage and operate the Project.
NOW THEREFORE, in furtherance of a land transfer, development on the Site, and
anticipated operations, the City, County, and the District, where referenced, agree as
follows:
I. Land Transfer.
a. Subject to the conditions contained herein and as further determined in
a subsequent land transfer agreement, the City agrees to donate the Site
to the County solely for the purpose that the County construct and
operate the Project. Donation of the City’s real property shall be done
in conformance with Section 2, Article 8 of the Bozeman Municipal
Code and state law.
b. The City will not receive a reduction in tipping fees in exchange for the
Site.
c. The County will obtain and pay for an appraisal of the Site and share
the same with the City.
d. All costs related to the property transfer shall be paid by the County.
e. The City will transfer ownership to the Site AS-IS.
f. The City will transfer title to the County upon a mutually agreeable land
transfer agreement prior to permit application with the Montana
Department of Environmental Quality (DEQ). Ownership of the Site
will revert to the City if the County/District are unable to obtain the
necessary permits to operate the Project at the Site from the Montana
DEQ.
II. Indemnification.
a. The City will transfer ownership to the Site AS-IS. The County agrees
to indemnify the City for issues related to the Site including issues
related to any pre-existing conditions or existing infrastructure on the
Site at the time of transfer.
b. The County is obligated to investigate and remediate any pollution on
the Site. The County will release the City from all claims related to
existing site conditions.
93
c. If the County discovers an issue at the Site which requires remediation
and, at the County’s sole discretion, make the costs for developing the
Project on the Site infeasible, ownership of the Site will revert to the
City.
III. Development.
a. Any development on the Site or on rights-of-way or adjacent property
by the County or District must follow all applicable City codes. The
County and District agree not to seek any exemptions pursuant to §76-
2-402, MCA, or any variances, relaxations, or any other similar relief
from City development regulations and standards unless reasonably
necessary to complete the Project. In the event the County and District
believe a variance is reasonably necessary, the standard review process
will apply and the City may either approve or deny the request.
b. All reasonably necessary infrastructure improvements both on and off
the Site as determined through the standard site plan review process
will be paid for by the County or District.
c. The County will pay all required impact fees, including potential
oversized utilities for future city use. The County may seek impact fee
credits, if eligible, and/or repayment agreements as appropriate.
d. The Site is part of a larger parcel the City owns on which currently sits
a solar project belonging to Northwestern Energy (NWE). The County
and District agree to work with NWE in the event the development of
Project impacts the NWE solar project and agrees to include to the
extent feasible a similarly sized solar project on the Site if the current
solar project needs to be relocated.
e. The County and District agree to participate with City planning efforts
to redefine the location and property dimensions of the Project to allow
for the planning and construction of a new city shops complex on the
city-owned property adjacent to the Project.
f. The County and District must install screening at their own expense to
address visual impacts of the Project from the Frontage Road and agree
to implement techniques to prevent materials from leaving the Project.
The County and District must also explore and implement mitigation
measures regarding odors from the Project.
IV. Operations.
a. The Project will be managed and operated by the District.
b. The County and District agree, once completed and open to the public,
the Site will include a convenience site, and recycling site to
94
accommodate the disposal of household e-waste, hazardous waste, etc.
The convenience site will be open to all residents of the County,
including City residents.
c. The City, County, and District agree once opened to the public, the
Project will replace the Bozeman Convenience Site and, absent a
separate written agreement, operations at the Bozeman Convenience
Site will terminate at that time. The District will be responsible for all
costs of removing its equipment and improvements from the existing
Bozeman Convenience Site and for costs to restore the Bozeman
Convenience Site to substantially the condition existing immediately
prior to the District’s occupation of the existing Bozeman Convenience
Site, normal wear and tear excepted.
d. The County and District agree the Project, and an operating agreement
addressing the City’s access to the Project and through the Site, will
allow shared access for future City functions to the north of the Project.
e. The County and District agree to explore opportunities for composting
and or compost/drop off at the Project and incorporate the same into the
services provided to the public.
f. The County and District agree to allow private haulers to use the
Transfer Station and agree to explore opportunities to incentivize
private haulers to use the Transfer Station in an effort to reduce
emissions and trips traveled to the Logan Landfill.
V. Change of use; reversion.
a. Written approval of the City must be obtained prior to the County or
District using the Site for any purpose other than the Project and
ancillary operations.
b. Any subsequent land transfer agreement entered into to effectuate this
agreement will contain a reversion clause where ownership of the Site
will revert back to the City if the Project is not constructed within seven
years. Additionally, the reversionary clause will address that if the
County and/or District closes, or relocates the transfer station, or the
County and/or District ceases use of the Site for the Project for a period
of one year the City will have the first right to either accept ownership
of the Site and all improvements at no cost, or waive its right and allow
the County to retain or dispose of the Site.
95
VI. Miscellaneous Provisions.
a. The District agrees the City and County will both retain seats on the
District Board as long as there continues to be a District Board.
b. The parties agree to collaborate in a unified, consistent, and shared
public engagement strategy related to this land transfer and the Project.
Each party shall designate a communication person/team to collaborate
in this effort.
c. This memorandum does not create a binding agreement for the donation
or transfer of real property.
d. The parties agree that the contact person for the County shall be Jim
Simon, Gallatin County Solid Waste District Manager, whose phone
number is (406) 582-2492 and the contact person for the City shall be
Nicholas Ross, Director of Transportation and Engineering, whose
phone number is (406) 582-2315.
City of Bozeman: Gallatin County
______________________________ _________________________
Jeff Mihelich Date Zach Brown Date
City Manager County Commission, Chair
Gallatin Solid Waste Management District
_______________________________
Dave Hanson Date
Board Chair
96
Exhibit A
97
Memorandum
REPORT TO:City Commission
FROM:John Van Delinder, Streets Superintendent
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to sign a Lease-Purchase Agreement with Lease
Servicing Center, Inc dba NCL Government Capital for a 2023 Elgin Broom
Bear Sweeper
MEETING DATE:October 17, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Lease-Purchase Agreement with Lease
Servicing Center, Inc dba NCL Government Capital for a 2023 Elgin Broom
Bear Sweeper.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The Approved FY23 Street Maintenance Capital Improvement Program (CIP)
STR34 and the FY24 approved budget lists $115,000 for sweeper leases. This
expenditure is listed in the CIP plan through FY28, which will be last lease
payment for this sweeper.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:This item is in the FY24 Street Maintenance CIP and approved FY24 budget.
Attachments:
City of Bozeman Broom Bear Proposal
Complete Document Package
Report compiled on: October 5, 2023
98
Quote Number: U005516 1 of 4
Presents a Proposal Summary
of the
Broom Bear
Broom Bear Single Engine Street Sweeper with Dual Side Brooms
Stock# U05516
Art Logan
Regional Sales Manager JJE
406-591-4018/alogan@jjeusa.com
99
Quote Number: 2022-50161 2 of 4
PRODUCT DESCRIPTION
· Conveyor squeegee, variable height, right side dumping, 4.5 cubic yard hopper, with dual, hydraulically driven, trailing arm side brooms,
sweeper is powder coated from powder coatings chart 2003/N with powder coated gray undercarriage.
STANDARD FEATURES
· Broom side, 46" steel vertical digger 4 or 5 segment
· Broom side, air floating suspension with adjustable reach, air deploy
· Broom, main, 34" diameter, 60" wide prefab disposable
· Broom Measurement Ruler
· Conveyor chain, hardened with polyurethane sprockets
· Conveyor, 11 flight squeegee with rubber edging
· Conveyor, lift independent from main broom
· Conveyor, three piece replaceable wear plates
· Conveyor flush out system
· Conveyor raise in reverse
· Conveyor stall alarm
· Dirt shoes, spring assisted, heavy duty single row carbide steel (rubber isolated)
· Electric backup alarm
· Hopper inspection door
· Hopper, 4.5 cu yd with window and skylight
· Hopper up indicator and beep
· Hopper, variable high dump; 9' 6", 4.5 yard
· Hose, hydrant fill, 16' 8" with coupling
· Hydraulic oil level gauge w/ external thermometer and in-cab level light
· Hydraulic system, load sensing with selectable transmission driven PTO pump
· Lights, automatic backup
· Lights, combination tail/stop, separate amber signal
· Lights, flood light, one per broom (3)
· Manuals, operator and parts
· Rear broom cover and anti-carryover wrap
· Rear broom spray bar
· Rear right hand flood light
· Reflectors, set of 6
· Sidebroom speed control, external to cab
· Sweep resume/raise in reverse
· Tactile controls for all sweep functions
· Tool storage
· Water fill, anti-siphon
· Water level indicator in-cab
· Water Pump, electric diaphragm
· Water tank, molded polyethylene, 360 gallon total nominal capacity
· 1 Year Parts and Labor Warranty
· AM/FM/CD Radio
· Left Hand Fender Mounted Mirror
· Steel Bristles with Polyethylene Segments
· Sweeper Painted Standard White
· Chassis Painted Standard White
· Red Logo
· Sweeper - Operator Manual
· Sweeper Parts Manual
100
Quote Number: 2022-50161 3 of 4
ADDITIONAL FEATURES
PM10
25' WATER HOSE
O+WIDE FRT SPR BR FL/NAV
SNGL CAB BCN LED
A-TRI REFLECT FLARES
O-LED STOP/TURN LIGHTS
A-HPR UP ALARM/IND
VAR SPD ELE/CONV & SB REV
O-WTR SB FCTN CTRL ILO MAN, 4MH
A-AIR PURGE, 4M WATER SYSTEM
A-HYDR OIL TEMP DISPLAY
SERVICE MANUAL
DRAG SHOE RUBBER
O-RH SIDE BROOM TILT
SELF DOCK
BROOM BEAR ADDITIONAL DISC
MIDWEST AUTO LUBE INSTALLED
CARBIDE DIRT SHOES INSTALLED
Total: $322,956.00
Less Trade: $27,250,00
Total Price: $295,706.00
Price valid for 30 Days from date of 9/12/2023
Product Model: BROOMBEAR
Stock# U005516
Sourcewell: 093021-ELG
Payment Terms:
Proposal Notes:
1. Multiple unit orders will be identical to signed proposal. Changes or deviations to any unit of a multiple unit order will require a new
signed proposal.
2. Chassis specifications and data codes for customer supplied chassis must be submitted to and approved by Elgin Sweeper Company prior
to submittal of customer purchase order
3. All prices quoted are in US Dollars unless otherwise noted.
4. This proposal incorporates, and is subject to, Vactor Manufacturing's standard terms and conditions attached hereto and made a part
hereof.
SIGNED BY:
__________________________________ Date: ________________________
101
QuoteNumber:2022-50161 4 of 4
LIMITED WARRANTY
ELGIN SWEEPER COMPANY warrants each new machine manufactured by it against defects in material and workmanship provided the
machine is used in a normal and reasonable manner. This warranty is extended only to the original user-purchaser for a period of twelve
(12) months from the date of delivery to the original user-purchaser.
ELGIN SWEEPER COMPANY will cause to be repaired or replaced, as the Company, may elect, any part or part of such machine which
the Company's examination discloses to be defective in material or workmanship.
Repairs or replacements are to be made at the selling Elgin distributor's location or at other locations approved by ELGIN SWEEPER
COMPANY.
The ELGIN SWEEPER COMPANY warranty shall not apply to:
1. Major components or trade accessories such as but not limited to, trucks, engines, tires or batteries that have a separate warranty by
the original manufacturer.
2. Normal adjustments and maintenance services.
3. Normal wear parts such as but not limited to, broom filters, broom wire, shoe runners and rubber deflectors.
4. Failures resulting from the machine being operated in a manner or for a purpose not recommended by ELGIN SWEEPER
COMPANY.
5. Repairs, modifications or alterations without the consent of ELGIN SWEEPER COMPANY which, in the Company's sole judgment,
have adversely affected the machine's stability or reliability.
6. Items subjected to misuse, negligence, accident or improper maintenance.
The use in the product of any part other than parts approved by ELGIN SWEEPER COMPANY may invalidate this warranty.
ELGIN SWEEPER COMPANY reserves the right to determine, in its sole discretion, if the use of non-approved parts operates
to invalidate the warranty.
Nothing contained in this warranty shall make ELGIN SWEEPER COMPANY liable for loss, injury, or damage of any kind to
any person or entity resulting from any defect or failure in the machine.
TO THE EXTENT LIMITED BY LAW, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
This warranty is also in lieu of all other obligations or liabilities on the part of ELGIN SWEEPER COMPANY, including but
not limited to, liability for incidental and consequential damages on the part of the Company or the seller.
ELGIN SWEEPER COMPANY makes no representation that the machine has the capacity to perform any functions other than
as contained in the Company's written literature, catalogs or specifications accompanying delivery of the machine.
No person or affiliated company representative is authorized to give any other warranties or to assume any other liability on
behalf of ELGIN SWEEPEAR COMPANY in connection with the sale, servicing or repair of any machine manufactured by
the Company.
ELGIN SWEEPER COMPANY reserves the right to make design changes or improvements in tis products without imposing
any obligation upon itself to change or improve previously manufactured products.
102
City of Bozeman 121 N Rouse Ave
Bozeman, MT 59715
Enclosed you will find finance documentation for your recent equipment purchase. Please review, sign, and date all the enclosed documents. Be sure to completely list your insurance information. Do not alter documents in any way. Please return the following items to my attention:
Master Lease Purchase Agreement
Exhibit A – Description of Equipment of Lease Agreement
Exhibit B – Schedule of Payments
Exhibit E – Lessee Resolution
Exhibit F – Bank Qualified Certificate
Exhibit G – Agreement to Provide Insurance
Exhibit H – Lessee Certificate
Notice of Assignment and Letter of Direction
Internal Escrow Letter
Lease Payment Instructions
Exhibit C-1 – Payment Request and Partial Acceptance Certificate
Exhibit C-2 – Final Acceptance
8038-G
Copy of Tax Exempt Certificate (please provide if applicable)
Include in the return documentation a check in the amount of $500.00 made payable to
Lease Servicing Center, Inc. dba NCL Government Capital. This is the one-time documentation & processing fee. Please call me at 320-763-7600 with any questions you may have and thank you for your business. We hope to continue to work with you for many years to come. Please
let us know if we can be of any assistance in the future! Sincerely,
Tim Goetsch
Enclosures
103
1
MASTER LEASE PURCHASE AGREEMENT
Lessee Lessor
City of Bozeman Lease Servicing Center, Inc. dba NCL Government Capital
121 N Rouse Ave 510 22nd Ave E., Ste 501
Bozeman, MT 59715 Alexandria, MN 56308
Dated as of September 26, 2023 This Master Lease Purchase Agreement dated as of the date listed above is between Lessor and Lessee listed directly above. Lessor desires from time to time to lease the Equipment described in Equipment Schedules (each a “Schedule”) to be attached hereto to Lessee and Lessee desires to lease such Equipment from Lessor subject to the terms and conditions of this Agreement, which are set forth below, and the applicable Schedule. I. Definitions: Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: “Agreement’ means this Master Lease Purchase Agreement. “Budget Year” means the Lessee’s fiscal year. “Commencement Date” is the date when Lessee’s obligation to pay rent begins. “Equipment” means the items of Equipment listed on Exhibit “A” to each Schedule and all replacements, restorations, modifications and improvements. “Lease” means this Agreement and an individual Schedule hereto, which shall collectively constitute the terms and conditions applicable to the lease of the Equipment subject thereto. “Lessee” means the entity listed above as Lessee and which is leasing the Equipment from Lessor under the provisions of this Agreement and a Schedule. “Lessor” means the entity originally listed above as Lessor or any of its assignees. “Lease Term” means the Original Term and all Renewal Terms applicable to a Lease. “Original Term” means the period from the Commencement Date until the end of the Budget Year of Lessee. “Renewal Term” means the annual term which begins at the end of the Original Term and which is simultaneous with Lessee’s Budget Year. “Rental Payments” means the payments Lessee is required to make under this Agreement as set forth on Exhibit “B” to each Schedule made subject thereto. “Schedule” means a schedule substantially in the form attached hereto and all exhibits thereto pursuant to which Lessor and Lessee agree to the lease of the Equipment described therein and which together with the terms of the Agreement applicable thereto constitutes an individual Lease. “State” means the state in which Lessee is located. II. Lessee Warranties Section 2.01. With respect to each Lease, Lessee represents, warrants and covenants as follows for the benefit of Lessor or its assignees: (a) Lessee is the State or a political subdivision of the State within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") or a constituted authority authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of the treasury regulations promulgated under the Code. (b) Lessee is authorized under the Constitution and laws of the State to enter into this Agreement and each Schedule, and has used such authority to properly execute and deliver this Agreement and each Schedule. Lessee has followed all proper procedures of its governing body in executing this Agreement and each Schedule. The Officer of Lessee executing this Agreement and each Schedule has the authority to execute and deliver this Agreement and such Schedule. This Agreement and each Schedule constitute a legal, valid, binding and enforceable obligation of the Lessee in accordance with their terms. (c) Lessee has complied with all statutory laws and regulations that may be applicable to the execution of this Agreement and each Schedule. (d) Lessee shall use the Equipment only for essential, traditional government purposes. (e) Should the Lessee cease to be an issuer of tax exempt obligations or if the obligation of Lessee created under any Lease ceases to be a tax exempt obligation for any reason, then Lessee shall be required to pay additional sums to the Lessor or its assignees so as to bring the after tax yield on any Lease to the same level as the Lessor or its assignees would attain if the transaction continued to be tax-exempt. (f) Lessee has never non-appropriated funds under an agreement similar to this Agreement. (g) Lessee will submit to the Secretary of the Treasury an information reporting statement as required by the Code with respect to each Lease. (h) Upon request by Lessor, Lessee will provide Lessor with current financial statements, reports, budgets or other relevant fiscal information. (i) Lessee shall retain the Equipment free of any hazardous substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et. seq. as amended and supplemented. (j) Lessee presently intends to continue each Lease for the Original Term and all Renewal Terms as set forth on Exhibit "B" to the Schedule relating thereto. The official of Lessee responsible for budget preparation will include in the budget request for each Budget Year the Rental Payments to become due in such Budget year, and will use all reasonable and lawful means available to secure the appropriation of money for such Budget Year sufficient to pay the Rental Payments coming due therein. Lessee reasonably believes that moneys can and will lawfully be appropriated and made available for this purpose. Section 2.02. Escrow Agreement. In the event both Lessor and Lessee mutually agree to utilize an escrow account, then immediately following the execution and delivery of any Schedule, Lessor and Lessee agree to execute and deliver and to cause an escrow agent to execute and deliver an escrow agreement. Such Lease shall take effect only upon execution and delivery of the escrow agreement by the parties thereto. Lessor shall deposit or cause to be deposited with the escrow agent for credit to an equipment acquisition fund the sum specified in such Schedule which shall be held, invested and disbursed in accordance with the escrow agreement. III. Acquisition of Equipment, Rental Payments and the Purchase Option Price Section 3.01. Acquisition: Lessee shall advise Lessor of its desire to lease Equipment and of the desired lease terms. Upon agreement by Lessor and Lessee as to the lease of such Equipment and such terms, Lessee shall be solely responsible for the ordering of the Equipment and the delivery and installation thereof. Lessor shall furnish to Lessee a Schedule relating to such Equipment, which shall become effective upon the execution and delivery of such Schedule, all documents contemplated hereby and thereby with respect to such Schedule, and the earlier of Lessee's written acceptance of such Equipment or the deposit into escrow of moneys to pay for such Equipment as provided in Section 2.02. Nothing herein shall obligate Lessor to lease any Equipment to Lessee until Lessor shall have concurred in writing to the lease of such Equipment. Section 3.02. Rental Payments. Lessee shall promptly pay Rental Payments under each Schedule, from any and all legally available funds, exclusively to Lessor or its assignees, in lawful money of the United States of America. The Rental Payments shall be sent to the location specified by the Lessor or its assignees. The Rental Payments shall constitute a current expense of the Lessee and shall not constitute an indebtedness of the Lessee. Lessor shall have the option to charge interest at the highest lawful rate on any Rental Payment received later than the due date. The Rental Payments will be payable without notice or demand. Section 3.03. Rental Payments Unconditional. Except as provided under Section 4.01, THE OBLIGATIONS OF LESSEE TO MAKE RENTAL PAYMENTS AND TO PERFORM AND OBSERVE THE OTHER COVENANTS CONTAINED IN THIS AGREEMENT SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF OR DEFENSE. Section 3.04. Purchase Option Price. With respect to each Schedule, upon 30 days written notice, Lessee shall have the option to pay, in addition to any
104
Rental Payment due thereunder, the corresponding Purchase Option Price which is listed on the same line on Exhibit B to such Schedule. If Lessee chooses this option and pays the Purchase Option Price to Lessor then Lessor will transfer any and all of its rights, title and interest in the Equipment subject to such Lease to Lessee. Section 3.05. Lease Term. The Lease Term of each Lease shall be the Original Term and all Renewal Terms thereunder until all the Rental Payments due thereunder are paid as set forth in the applicable Schedule except as provided under Section 4.01 and Section 9.01 below. If, after the end of the budgeting process which occurs at the end of the Original Term or any Renewal Term, Lessee has not terminated a Lease pursuant to Section 4.01 hereof then the Lease Term for such Lease shall be extended into the next Renewal Term and the Lessee shall be obligated to make the Rental Payments that come due during such Renewal Term. Section 3.06. Disclaimer of Warranties. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, AND FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE EQUIPMENT. LESSOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE INSTALLATION, OPERATION, POSSESSION, STORAGE OR USE OF THE EQUIPMENT BY LESSEE. IV. Non-Appropriation Section 4.01. Non-Appropriation. If insufficient funds are available in Lessee’s budget for the next Budget Year to make the Rental Payments for the next Renewal Term under any Lease, then Lessee shall have the option to non-appropriate the funds to pay the Rental Payments for the next Renewal Term with respect to such Lease. Lack of a sufficient appropriation shall be evidenced by the passage of an ordinance or resolution by the governing body of Lessee specifically prohibiting Lessee from performing its obligations under such Lease for a designated Budget Year and all subsequent Budget Years. If Lessee chooses this option, then all obligations of the Lessee under such Lease regarding Rental Payments for all remaining Renewal Terms shall be terminated at the end of the then current Original Term or Renewal Term without penalty or liability to the Lessee of any kind provided that if Lessee has not delivered possession of the Equipment subject to such Lease to Lessor as provided herein and conveyed to Lessor or released its interest in such Equipment by the end of the last Budget Year for which Rental Payments were paid, the termination shall nevertheless be effective but Lessee shall be responsible for the payment of damages in an amount equal to the amount of the Rental Payments thereafter coming due under Exhibit “B” to the Schedule for such Lease which are attributable to the number of days after such Budget Year during which Lessee fails to take such actions and for any other loss suffered by Lessor as a result of Lessee’s failure to take such actions as required. Lessee shall immediately notify the Lessor as soon as the decision to non-appropriate is made. If such non-appropriation occurs, then Lessee shall deliver the Equipment to Lessor or to a location designated by Lessor at Lessee’s expense. Lessee shall be liable for all damage to the Equipment other than normal wear and tear. If Lessee fails to deliver such Equipment to Lessor, then Lessor may enter the premises where such Equipment is located and take possession of the Equipment and charge Lessee for costs incurred. V. Insurance, Damage, Insufficiency of Proceeds, Lessee Negligence Section 5.01. Insurance. Lessee shall maintain both casualty insurance and liability insurance at its own expense with respect to the Equipment. Lessee shall be solely responsible for selecting the insurer(s) and for making all premium payments and ensuring that all policies are continuously kept in effect during the term of any Lease. Lessee shall provide Lessor with a Certificate of Insurance, which lists the Lessor and/or assigns as a loss payee and an additional insured on the policies with respect to the Equipment. (a) Lessee shall insure the Equipment against any loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Lessor in an amount at least equal to the then applicable Purchase Option Price of the Equipment. Alternatively, Lessee may insure the Equipment under a blanket insurance policy or policies. (b) The liability insurance shall insure Lessor from liability and property damage in any form and amount satisfactory to Lessor. (c) Provided that, with Lessor's prior written consent, Lessee may self-insure against the risks described in (a) and (b) above. Lessee shall furnish Lessor evidence of such self-insurance coverage throughout each Lease Term. Lessee shall not materially modify or cancel such self-insurance coverage without first giving written notice thereof to Lessor at least 10 days in advance of such cancellation or modification. (d) All insurance policies issued or affected by this Section shall be so written or endorsed such that the Lessor and its assignees are named additional insured and loss payees and that all losses are payable to Lessee and Lessor or its assignees as their interests may appear. Each policy issued or affected by this Section shall contain a provision that the insurance company shall not cancel or materially modify the policy without first giving thirty 30 days advance notice to Lessor or its assignees. Lessee shall furnish to Lessor certificates evidencing such coverage throughout each Lease Term. Section 5.02. Damage to or Destruction of Equipment. Lessee assumes the risk of loss or damage to the Equipment. If the Equipment or any portion thereof is lost, stolen, damaged, or destroyed by fire or other casualty, Lessee will immediately report all such losses to all possible insurers and take the proper procedures to attain all insurance proceeds. At the option of Lessor, Lessee shall either (1) apply the Net Proceeds to replace, repair or restore the Equipment or (2) apply the Net Proceeds to the applicable Purchase Option Price. For purposes of this Section and Section 5.03, the term Net Proceeds shall mean the amount of insurance proceeds collected from all applicable insurance policies after deducting all expenses incurred in the collection thereof. Section 5.03. Insufficiency of Net Proceeds. If there are no Net Proceeds for whatever reason or if the Net Proceeds are insufficient to pay in full the cost of any replacement, repair, restoration, modification or improvement of the Equipment, then Lessee shall, at the option of Lessor, either complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds or apply the Net Proceeds to the Purchase Option Price and pay the deficiency, if any, to the Lessor. Section 5.04. Lessee Negligence. Lessee assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Equipment and for injury to or death of any person or damage to any property whether such injury or death be with respect to agents or employees of Lessee or of third parties, and whether such property damage be to Lessee’s property or the property of others including, without limitation, liabilities for loss or damage related to the release or threatened release of hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act or similar or successor law or any state or local equivalent now existing or hereinafter enacted which in any manner arise out of or are incident to any possession, use, operation, condition or storage of any Equipment by Lessee which is proximately caused by the negligent conduct of Lessee, its officers, employees and agents. Lessee hereby assumes responsibility for and agrees to reimburse Lessor for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses including reasonable attorneys’ fees of whatsoever kind and nature, imposed on, incurred by or asserted against Lessor that in any way relate to or arise out of a claim, suit or proceeding, based in whole or in part upon the negligent conduct of Lessee, its officers, employees and agents, to the maximum extent permitted by law. VI. Title and Security Interest Section 6.01. Title. Title to the Equipment shall vest in Lessee when Lessee acquires and accepts the Equipment. Title to the Equipment subject to a Lease will automatically transfer to the Lessor in the event Lessee non-appropriates under Section 4.01 with respect to such Lease or in the event Lessee defaults under Section 9.01 with respect to such Lease. In either of such events, Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of legal title to the Equipment subject to such Lease to Lessor. Section 6.02. Security Interest. To secure the payment of all Lessee’s obligations under each Lease, Lessee hereby grants to Lessor a security interest under the Uniform Commercial Code constituting a first lien on the Equipment described more fully on Exhibit “A” to each Schedule. The security interest established by this section includes not only all additions, attachments, repairs and replacements to the Equipment but also all proceeds therefrom. Lessee agrees that Lessor or its assignee may execute such additional documents including financing statements, affidavits, notices, and similar instruments, for and on behalf of Lessee which Lessor deems necessary or appropriate to protect Lessor’s interest in the Equipment and in this Agreement and each Lease. Lessee authorizes Lessor to record such documentation as necessary for Lessor to perfect its security interest. Section 6.03. Personal Property. The Equipment is and shall at all times be and remain personal property notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner affixed or attached to or embedded in or permanently rested upon real property or any building thereon or attached in any manner to what is permanent by means of cement, plaster, nails, bolts, screws or otherwise. 105
3
VII. Assignment Section 7.01. Assignment by Lessor. All of Lessor’s rights, title and/or interest in and to each Lease may be assigned and reassigned in whole or in part to one or more assignees or sub-assignees (including a registered owner for lease participation certificates) by Lessor at any time without the consent of Lessee. No such assignment shall be effective as against Lessee until the assignor shall have filed with Lessee written notice of assignment identifying the assignee. Lessee shall pay all Rental Payments due under each Lease to or at the direction of Lessor or the assignee named in the notice of assignment. Lessee shall keep a complete and accurate record of all such assignments. Section 7.02. Assignment by Lessee. None of Lessee’s right, title and interest under this Agreement, each Lease and in the Equipment may be assigned by Lessee unless Lessor approves of such assignment in writing before such assignment occurs and only after Lessee first obtains an opinion from nationally recognized counsel stating that such assignment will not jeopardize the tax-exempt status of the obligation. VIII. Maintenance of Equipment Section 8.01. Lessee shall keep the Equipment in good repair and working order. Lessor shall have no obligation to inspect, test, service, maintain, repair or make improvements or additions to the Equipment under any circumstances. Lessee will be liable for all damage to the Equipment, other than normal wear and tear, caused by Lessee, its employees or its agents. Lessee shall pay for and obtain all permits, licenses and taxes necessary for the installation, operation, possession, storage or use of the Equipment. If the Equipment includes any titled vehicles, then Lessee is responsible for obtaining such titles from the State and also for ensuring that Lessor is listed as first lien holder on all of the titles. Lessee shall not use the Equipment to haul, convey or transport hazardous waste as defined in the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq. Lessee shall not during the term of this Agreement create, incur or assume any levies, liens or encumbrances of any kind with respect to the Equipment except those created by this Agreement. The Equipment is and shall at all times be and remain personal property. Lessee shall allow Lessor to examine and inspect the Equipment at all reasonable times. IX. Default Section 9.01. Events of Default defined. The following events shall constitute an “Event of Default” with respect to a Lease: (a) Failure by Lessee to pay any Rental Payment listed on Exhibit “B” to the Schedule for fifteen 15 days after such payment is due according to the Payment Date listed on Exhibit “B”. (b) Failure to pay any other payment required to be paid under this Agreement and the Schedule at the time specified herein and therein and a continuation of said failure for a period of fifteen 15 days after written notice by Lessor that such payment must be made. If Lessee continues to fail to pay any payment after such period, then Lessor may, but will not be obligated to, make such payments and charge Lessee for all costs incurred plus interest at the highest lawful rate. (c) Failure by Lessee to observe and perform any warranty, covenant, condition, promise or duty under this Agreement or the Schedule for a period of thirty 30 days after written notice specifying such failure is given to Lessee by Lessor, unless Lessor agrees in writing to an extension of time. Lessor will not unreasonably withhold its consent to an extension of time if corrective action is instituted by Lessee. Subsection (c) does not apply to Rental Payments and other payments discussed above. (d) Any statement, material omission, representation or warranty made by Lessee in or pursuant to this Agreement or the Schedule which proves to be false, incorrect or misleading on the date when made regardless of Lessee’s intent and which materially adversely affects the rights or security of Lessor under this Agreement or the applicable Schedule. (e) Any provision of this Agreement or the Schedule which ceases to be valid for whatever reason and the loss of such provision, would materially adversely affect the rights or security of Lessor. (f) Lessee admits in writing its inability to pay its obligations. Lessee defaults on one or more of its other obligations. Lessee applies or consents to the appointment of a receiver or a custodian to manage its affairs. Lessee makes a general assignment for the benefit of creditors. Section 9.02. Remedies on Default. Whenever any Event of Default exists with respect to any Lease, Lessor shall have the right to take one or any combination of the following remedial steps: (a) With or without terminating the Lease, Lessor may declare all Rental Payments and other amounts payable by Lessee thereunder to the end of the then current Budget Year to be immediately due and payable. (b) With or without terminating the Lease, Lessor may require Lessee at Lessee’s expense to redeliver any or all of the Equipment subject thereto to Lessor to a location specified by Lessor. Such delivery shall take place within 15 days after the event of default occurs. If Lessee fails to deliver such Equipment, Lessor may enter the premises where such Equipment is located and take possession of such Equipment and charge Lessee for cost incurred. Notwithstanding that Lessor has taken possession of such Equipment, Lessee shall still be obligated to pay the remaining Rental Payments under the Lease due up until the end of the then current Original Term or Renewal Term. Lessee will be liable for any damage to such Equipment caused by Lessee or its employees or agents. (c) Lessor may take whatever action at law or in equity that may appear necessary or desirable to enforce its rights. Section 9.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under the Lease now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or shall be construed to be a waiver thereof, X. Miscellaneous Section 10.01. Notices. All notices shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties at their respective places of business as first set forth herein or as the parties shall designate hereafter in writing. Section 10.02. Binding Effect. This Agreement and each Schedule shall inure to the benefit of and shall be binding upon Lessee and Lessor and their respective successors and assigns. Section 10.03. Sever ability. In the event any provision of this Agreement or any Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 10.04. Amendments, Addenda, Changes or Modifications. This Agreement and each Lease may be amended, added to, changed or modified by written agreement duly executed by Lessor and Lessee. Section 10.05. Execution in Counterparts; Electronic Execution. This Agreement and each Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Consent to Electronic Signatures: Lessor and Lessee consent to execute this Agreement and all necessary Exhibits electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. Section 10.06. Captions. The captions or headings in this Agreement do not define, limit or describe the scope or intent of any provisions or sections of this Agreement.
106
Section 10.07. Entire Writing. This Agreement and all Schedules executed hereunder constitute the entire writing between Lessor and Lessee. No waiver, consent, modification or change of terms of this Agreement or any Lease shall bind either party unless in writing and signed by both parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, representations, conditions, or warranties, express or implied, which are not specified herein regarding this Agreement or any Lease or the Equipment leased thereunder. Any terms and conditions of any purchase order or other documents submitted by Lessee in connection with this Agreement which are in addition to or inconsistent with the terms and conditions of this Agreement or any Lease will not be binding on Lessor and will not apply to this Agreement or any Lease. Section 10.08. Jurisdiction and Venue. Lessor and Lessee agree that this Agreement is governed in all respects by the laws of the State of Montana. Lessee hereby consents to any and all process which may be served in any such suit, action or proceeding, (i) by mailing a copy thereof by registered and certified mail, postage prepaid, return receipt requested, to the Lessee's address shown in this Agreement or as notified to the Lessor and (ii) by serving the same upon the Lessee in any other manner otherwise permitted by law, and agrees that such service shall in every respect be deemed effective service upon Lessee.. Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives listed below. Lessee: City of Bozeman Lessor: Lease Servicing Center, Inc. dba
NCL Government Capital
By: By:
Typed: Jeff Mihelich Print:
Title: City Manager Title:
Date: __________________________________ Date: _________________________________
107
EXHIBIT A
A
DESCRIPTION OF EQUIPMENT OF LEASE AGREEMENT
RE: Master Lease Purchase Agreement dated as of 9/26/2023 between Lease Servicing Center, Inc. dba NCL
Government Capital (Lessor) and City of Bozeman (Lessee) and Schedule No. 001 thereto dated as of
September 26, 2023.
Below is a detailed description of all the items of Equipment including quantity, model number and serial number where applicable:
Quantity 1
VIN #/Serial Number
Type, Make, Model Elgin Broom Bear Single Engine Street Sweeper with Dual Side Brooms
EQUIPMENT LOCATION Complete only if equipment will not be located at Lessee’s address BILLING ADDRESS: 121 N Rouse Ave Bozeman, MT 59715 GARAGING ADDRESS: 814 N Bozeman Ave Bozeman, MT 59715 Lessee authorizes Lessor or its assigns to insert or modify, if needed, the Vehicle
Identification Number (“VIN”), or Serial Number, in the above description of the
Equipment to correspond to the final delivered and accepted Equipment as shown
on the respective invoice or other supporting documents.
Lessee: City of Bozeman Lessor: Lease Servicing Center, Inc. dba NCL Government Capital By: By: Typed: Jeff Mihelich Print:
Title: City Manager Title: Date: __________________________________ Date: __________________________________
108
EXHIBIT B
B
SCHEDULE OF PAYMENTS
Interest Rate = 7.042%
Amount Financed = $295,706.00
Start Date = 10/15/2023
Number Date Payment Interest Principal Purchase Option*
1 11/15/2023 $67,860.55 $1,793.22 $66,067.33 N/A
2 11/15/2024 $67,860.55 $16,171.85 $51,688.70 $184,683.60
3 11/15/2025 $67,860.55 $12,531.78 $55,328.77 $127,261.19
4 11/15/2026 $67,860.55 $8,635.36 $59,225.19 $65,794.92
5 11/15/2027 $67,860.55 $4,464.54 $63,396.01 $0.00
*Assumes that all rental payments and other amounts due on and prior to that date have been paid.
Lessee: City of Bozeman
BY: TYPED: Jeff Mihelich
TITLE: City Manager
DATE:
109
EXHIBIT E
E
LESSEE RESOLUTION
Re: Master Lease Purchase Agreement dated as of 9/26/2023, between Lease Servicing Center, Inc. dba
NCL Government Capital (Lessor) and City of Bozeman (Lessee) and Schedule No. 001 thereto dated as
of September 26, 2023.
At a duly called meeting of the Governing Body of the Lessee (as defined in the Agreement) held on
____________________, 20___ the following resolution was introduced and adopted:
BE IT RESOLVED by the Governing Body of Lessee as follows:
1. Determination of Need. The Governing Body of Lessee has determined that a true and very real need exists
for the acquisition of the Equipment described on Exhibit A of Schedule No. 001 to the Master Lease Purchase
Agreement dated as of 9/26/2023, between City of Bozeman (Lessee) and Lease Servicing Center, Inc. dba
NCL Government Capital (Lessor).
2. Approval and Authorization. The Governing Body of Lessee has determined that the Agreement and Schedule, substantially in the form presented to this meeting, are in the best interests of the Lessee for the acquisition of such Equipment, and the Governing Body hereby approves the entering into of the Agreement and Schedule by the Lessee and hereby designates and authorizes the following person(s) to execute and deliver the Agreement and Schedule on Lessee’s behalf with such changes thereto as such person(s) deem(s) appropriate, and any related documents, including any Escrow Agreement, necessary to the consummation of the transaction contemplated by the Agreement and Schedule. The City of Bozeman is authorized to enter into the lease/purchase financing with Lease Servicing Center, Inc. dba NCL Government Capital to finance their Elgin Broom Bear Single Engine Street Sweeper with Dual Side Brooms from Joe Johnson Equipment LLC in the amount of $295,706.00 with 5 annual payments of $67,860.55. Authorized Individual(s): Jeff Mihelich - City Manager
(Printed or Typed Name and Title of individual(s) authorized to execute the Agreement)
3. Adoption of Resolution. The signatures below from the designated individuals from the Governing Body of
the Lessee evidence the adoption by the Governing Body of this Resolution.
By:
(Signature of Secretary, Board Chairman or other member of the Governing Body)
Print Name: Title: (Print name of individual who signed directly above) (Title of individual who signed directly above) Attested By: (Signature of one additional person who can witness the passage of this Resolution) Print Name: Title: (Print name of individual who signed directly above) (Title of individual who signed directly above)
110
EXHIBIT F
F
BANK QUALIFIED CERTIFICATE
Re: Master Lease Purchase Agreement dated as of 9/26/2023, between Lease Servicing Center, Inc. dba
NCL Government Capital (Lessor) and City of Bozeman (Lessee) and Schedule No. 001 thereto dated as
of September 26, 2023.
Whereas, Lessee hereby represents that it is a “Bank Qualified” Issuer for the calendar year in which this Agreement and Schedule are executed by making the following designations with respect to Section 265 of the Internal Revenue Code. (A “Bank Qualified Issuer” is an issuer that issues less than ten million ($10,000,000) dollars of tax-exempt obligations during the calendar year). Now, therefore, Lessee hereby designates this Agreement and Schedule as follows:
1. Designation as Qualified Tax-Exempt Obligation. Pursuant to Section 265(b)(3)(B)(ii) of the Internal Revenue Code of 1986 as amended (the “Code”), the Lessee hereby specifically designates the Agreement
and this Schedule as a “qualified tax-exempt obligation” for purposes of Section 265(b)(3) of the Code. In compliance with Section 265(b)(3)(D) of the Code, the Lessee hereby represents that the Lessee will not
designate more than $10,000,000 of obligations issued by the Lessee in the calendar year during which the Agreement is executed and delivered as such “qualified tax-exempt obligations”. 2. Issuance Limitation. In compliance with the requirements of Section 265(b)(3)(C) of the Code, the Lessee
hereby represents that the Lessee (including all subordinate entities of the Lessee within the meaning of Section 265(b)(3)(E) of the Code) reasonable anticipates not to issue in the calendar year during which the Agreement
and Supplement are executed and delivered, obligations bearing interest exempt from federal income taxation under Section 103 of the Code (other than “private activity bonds” as defined in Section 141 of the Code) in an
amount greater than $10,000,000.
By: (Signature of individual authorized to execute this Exhibit) Typed Name: Jeff Mihelich (Typed name of individual who signed directly above)
111
EXHIBIT G
G
AGREEMENT TO PROVIDE INSURANCE Lessee: City of Bozeman Lessor: Lease Servicing Center, Inc. dba NCL Government Capital AOIA
Address: 121 N Rouse Ave Address: 510 22nd Ave E., Ste 501
Bozeman, MT 59715 Alexandria, MN 56308
Phone: (406) 582-3206 Phone: (320) 763-7600
Description of Equipment:
Quantity 1
VIN #/Serial Number
Type, Make, Model Elgin Broom Bear Single Engine Street Sweeper with Dual Side Brooms Value: $295,706.00 I understand that to provide protection from serious financial loss, should an accident or loss occur, my lease contract requires the equipment to be continuously covered with insurance against the risks of fire and theft, and that failure to provide such insurance gives the Lessor the right to declare the entire unpaid balance immediately due and payable. Accordingly, I have arranged for the required insurance through the insurance company shown below and have requested my agent to note Lessor’s interest in the equipment and name Lessor as additional insured. NAME OF AGENT INSURANCE COMPANY Name: Name: Address: Policy #:
Phone:
Lessee: City of Bozeman BY: TYPED: Jeff Mihelich
TITLE: City Manager
DATE:
112
EXHIBIT H
H
LESSEE CERTIFICATE
RE: Master Lease Purchase Agreement dated as of 9/26/2023 between Lease Servicing Center, Inc. dba
NCL Government Capital (Lessor) and City of Bozeman (Lessee) and Schedule No. 001 thereto dated as
of September 26, 2023.
I, the undersigned, hereby certify that I am a duly qualified representative of Lessee and that I have been given the authority by the Governing Body of Lessee to sign this Certificate of Acceptance with respect to the above referenced Master Lease Purchase Agreement (the “Lease”). I hereby certify that:
1. Lessee has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments required to be paid under the Lease during the current Budget Year of Lessee, and such moneys will be applied in payment of all Rental Payments due and payable during such current Budget Year. 2. The governing body of Lessee has approved the authorization, execution and delivery of the Lease on its behalf by the authorized representative of Lessee who signed the Lease. 3. During the term of the Lease, the Equipment will be used for essential governmental functions. Such functions are:
___________________________________________________________________________________
___________________________________________________________________________________
4. The source of funds (fund Item in budget) for the Rental Payments that come due under Exhibit B of this Lease is as follows:
___________________________________________________________________________________
___________________________________________________________________________________
5. Lessee reasonably expects and anticipates that adequate funds will be available for all future Rental Payments that will come due under Exhibit B because:
___________________________________________________________________________________
___________________________________________________________________________________
Lessee: City of Bozeman
BY: TYPED: Jeff Mihelich
TITLE: City Manager
DATE:
113
NOTICE OF ASSIGNMENT AND LETTER OF DIRECTION Lease Servicing Center, Inc. dba NCL Government Capital ("Lessor") hereby gives notice to City of Bozeman
(“Lessee”) that it has assigned all of its rights to receive payments under the Master Lease Purchase Agreement dated September 26, 2023, Schedule No. 001 as set out in Section 7.01, and in any of the Equipment now or hereafter leased thereunder, including without limitation all amounts of rent, insurance, and condemnation proceeds, indemnity or other payment proceeds due to become due as a result of the sale, lease of other disposition of the Equipment, all rights to receive notices and give consents and to exercise the rights of the Lessor under the Lease, and all rights, claims and causes of action which Assignor may have against the manufacturer or seller of the Equipment in respect of any defects therein. This Master Lease Purchase Agreement requires 5 annual payments of $67,860.55. As of the date of assignment, 5 annual payments of $67,860.55 remain on the contract and should be forwarded to the assignee at the following address:
“ASSIGNEE”
Santander Bank, N.A. P. O. Box 847386 Boston, MA 02284-7386
1-800-238-4009 FEIN: 23-1237295 * Please list the following as lien holder on vehicle titles:
Santander Bank, N.A. 3 Huntington Quadrangle, #101N Melville, NY 11747 Any assigned payments received by Lessor are received in trust for assignee and will be immediately delivered to
Assignee. LEASE SERVICING CENTER, INC. DBA CITY OF BOZEMAN
NCL GOVERNMENT CAPITAL (Lessor/Assignor) (Lessee)
BY: ___________________________ BY: _____________________________ PRINT: TYPED: Jeff Mihelich
TITLE: TITLE: City Manager
DATE: __________________________ DATE: _____________________________
114
Internal Escrow Letter
9/26/2023 Santander Bank, N.A. 3 Huntington Quadrangle, Suite 101N Melville, NY 11747 RE: Schedule No. 001 dated September 26, 2023 to Master Lease Purchase Agreement dated as of
9/26/2023 (the “Lease”), between City of Bozeman (Lessee) and Lease Servicing Center Inc.
dba NCL Government Capital (Lessor), concurrently assigned to Santander Bank, N.A.
(“Assignee”).
Ladies and Gentlemen: We have entered into the above referenced Lease for the purpose of financing the equipment
listed in Attachment #1 (the "Equipment") in the amount of $295,706.00 (the "Financed Amount"). Lessee hereby requests that Lessor retain $295,706.00 (the "Retained Amount"). Lessee further requests that Lessor hold the Retained Amount in an internal escrow pending Lessor's receipt of
confirmation from Lessee that the Equipment has been delivered, inspected and accepted for all purposes by the Lessee and that payment can be remitted to the vendor of such Equipment. There will be no separate escrow fee charged to Lessee for internally escrowing the Retained Amount. Lessee understands and agrees that interest shall accrue on the entire Financed Amount as of the date hereof, and further understands and agrees that any interest earned on the Retained Amount
shall be paid to Lessor in consideration of managing the internal escrow account. Lessee acknowledges that Lessor may commingle the Retained Amount held by Lessor for the benefit of Lessee with other funds held by Lessor for its own account, so long as Lessor maintains segregation of such amounts on the books and records of Lessor. Sincerely,
Lessee: City of Bozeman
BY: TYPED: Jeff Mihelich
TITLE: City Manager
DATE:
115
Internal Escrow Letter Attachment #1
Quantity Year Make Type/Style/Model
VIN/Serial Number Price
1 Elgin Broom Bear Single Engine Street Sweeper with Dual Side Brooms $295,706.00
Total Cost: $295,706.00
Down Payment $0
Total Amount Financed $295,706.00
116
LEASE PAYMENT INSTRUCTIONS
Lessee: ___________________________________________________________________ Tax ID#: ___________________________________________________________________
Invoice Mailing Address: ___________________________________________________
___________________________________________________ Mail invoices to the attention of: __________________________
Phone: ____________________
Fax: _______________________
Email: _____________________
Approval of Invoices required by: __________________________
Phone: ____________________
Fax: _______________________
Email: _____________________
Accounts Payable Contact: __________________________
Phone: ____________________
Fax: _______________________
Email: _____________________
Processing time for Invoices: ______ Approval: _________Checks: _________ Do you have a Purchase Order Number that you would like included on the invoice? No __ Yes __ PO# ___________________
Description needed for Lease Payment Invoices (up to 54 characters including a PO#) : ___________
_________________________________________________________________________________ Does your PO# change annually? No ____ Yes ____
Processing time for new purchase orders:____________
117
EXHIBIT C-1 PAYMENT REQUEST AND PARTIAL ACCEPTANCE CERTIFICATE RE: Master Lease Purchase Agreement dated as of September 26, 2023, between Lease Servicing Center, Inc. dba NCL Government Capital (Lessor) and City of Bozeman (Lessee) and Schedule No. 001 thereto.
I, the undersigned, hereby certify that I am a duly qualified representative of Lessee and that I have been given the authority by the Governing Body of Lessee to sign this Certificate of Acceptance with respect to the above referenced Master Lease Purchase Agreement and Schedule No. 001 (the “Lease”). I hereby certify that:
1. The Equipment described below (comprising part of the Equipment described on Lease Exhibit A) has been
delivered and installed in accordance with Lessee’s specifications and Lessee hereby requests and authorizes Lessor to disburse, or direct the escrow agent to disburse, to Lessee or the vendor described below net proceeds of the Lease in the amount specified by wire transfer or by check. Such amount has not formed the basis for a previous request for payment.
2. Lessee has conducted such inspection and/or testing of such Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts such Equipment for all purposes.
3. Rental Payments are due and owing as set forth in Exhibit B to the Lease. 4. Lessee has obtained insurance coverage as required under the Lease. 5. Lessee is exempt from all personal property taxes and is also exempt from sales and/or use taxes with respect to the Equipment and the Rental Payments.
6. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof.
Quantity Year Make Type/Style/Model VIN/Serial Number Price
1 Elgin Broom Bear Single Engine Street Sweeper with Dual Side Brooms $295,706.00
Total Cost: $295,706.00
Down Payment $0
Total Amount Financed $295,706.00
Vendor Name and Address: Joe Johnson Equipment LLC
62 LaGrange Ave
Rochester, NY 14613
Vendor Federal ID Number:
Lessee: City of Bozeman
BY: TYPED: Jeff Mihelich
TITLE: City Manager
DATE:
118
EXHIBIT C-2 FINAL ACCEPTANCE
Re: Master Lease Purchase Agreement dated as of 9/26/2023, between Lease Servicing Center, Inc. dba
NCL Government Capital (Lessor) and City of Bozeman (Lessee) and Schedule No. 001 thereto.
I, the undersigned, hereby certify that I am a duly qualified representative of Lessee and that I have been given the authority by the Governing Body of Lessee to sign this Final Acceptance Certificate with respect to the above referenced Master Lease Purchase Agreement and Schedule No. 001 (the “Lease”). I hereby certify that:
1. All Equipment described on Exhibit A has been delivered and installed in accordance with Lessee’s
specifications and Lessee hereby requests and authorizes Lessor to direct the escrow agent to apply the remaining net proceeds of the Lease to Lessee’s next Rental Payment due.
2. Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. 3. Rental Payments with respect to such Equipment are due and owing as set forth in Exhibit B to the Lease. 4. Lessee has obtained insurance coverage as required under the Lease.
5. Lessee is exempt from all personal property taxes and is also exempt from sales and/or use taxes with respect to the Equipment and the Rental Payments.
6. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof.
Lessee: City of Bozeman
BY: TYPED: Jeff Mihelich
TITLE: City Manager
DATE:
119
Form 8038-G
(Rev. September 2011)
Department of the Treasury Internal Revenue Service
Information Return for Tax-Exempt Governmental Obligations
▶ Under Internal Revenue Code section 149(e)
▶ See separate instructions.
Caution: If the issue price is under $100,000, use Form 8038-GC.
OMB No. 1545-0720
Part I Reporting Authority If Amended Return, check here ▶
1 Issuer’s name 2 Issuer’s employer identification number (EIN)
3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions)3b Telephone number of other person shown on 3a
4 Number and street (or P.O. box if mail is not delivered to street address)Room/suite 5 Report number (For IRS Use Only)
3
6 City, town, or post office, state, and ZIP code 7 Date of issue
8 Name of issue 9 CUSIP number
10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (see instructions)
10b Telephone number of officer or other employee shown on 10a
Part II Type of Issue (enter the issue price). See the instructions and attach schedule.
11 Education ..............................11
12 Health and hospital ..........................12
13 Transportation ............................13
14 Public safety .............................14
15 Environment (including sewage bonds) ....................15
16 Housing ..............................16
17 Utilities ..............................17
18 Other. Describe ▶18
19 If obligations are TANs or RANs, check only box 19a ............. ▶
If obligations are BANs, check only box 19b ................ ▶
20 If obligations are in the form of a lease or installment sale, check box ........ ▶
Part III Description of Obligations. Complete for the entire issue for which this form is being filed.
21
(a) Final maturity date (b) Issue price (c) Stated redemption
price at maturity
(d) Weighted
average maturity (e) Yield
$ $ years % Part IV Uses of Proceeds of Bond Issue (including underwriters’ discount)
22 Proceeds used for accrued interest .....................22
23 Issue price of entire issue (enter amount from line 21, column (b)) ...........23
24 Proceeds used for bond issuance costs (including underwriters’ discount) ..24
25 Proceeds used for credit enhancement ............25
26 Proceeds allocated to reasonably required reserve or replacement fund .26
27 Proceeds used to currently refund prior issues .........27
28 Proceeds used to advance refund prior issues .........28
29 Total (add lines 24 through 28) .......................29
30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) ...30
Part V Description of Refunded Bonds. Complete this part only for refunding bonds.
31 Enter the remaining weighted average maturity of the bonds to be currently refunded .... ▶years
32 Enter the remaining weighted average maturity of the bonds to be advance refunded .... ▶years
33 Enter the last date on which the refunded bonds will be called (MM/DD/YYYY) ...... ▶
34 Enter the date(s) the refunded bonds were issued ▶ (MM/DD/YYYY)
For Paperwork Reduction Act Notice, see separate instructions.Cat. No. 63773S Form 8038-G (Rev. 9-2011)
120
Form 8038-G (Rev. 9-2011)Page 2
Part VI Miscellaneous
35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) ....35
36 a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract
(GIC) (see instructions) .........................36a
b Enter the final maturity date of the GIC ▶
c Enter the name of the GIC provider ▶
37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans
to other governmental units ........................37
38 a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ▶and enter the following information:
b Enter the date of the master pool obligation ▶
c Enter the EIN of the issuer of the master pool obligation ▶
d Enter the name of the issuer of the master pool obligation ▶
39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box .... ▶
40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ............. ▶
41 a If the issuer has identified a hedge, check here ▶and enter the following information:
b Name of hedge provider ▶
c Type of hedge ▶
d Term of hedge ▶
42 If the issuer has superintegrated the hedge, check box ..................... ▶
43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated
according to the requirements under the Code and Regulations (see instructions), check box ........ ▶
44 If the issuer has established written procedures to monitor the requirements of section 148, check box ..... ▶
45a If some portion of the proceeds was used to reimburse expenditures, check here ▶and enter the amount
of reimbursement ......... ▶
b Enter the date the official intent was adopted ▶
Signature
and
Consent
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I further declare that I consent to the IRS’s disclosure of the issuer’s return information, as necessary to
process this return, to the person that I have authorized above.▲Signature of issuer’s authorized representative Date ▲Type or print name and title
Paid
Preparer
Use Only
Print/Type preparer’s name Preparer's signature Date Check if self-employed
PTIN
Firm’s name ▶
Firm's address ▶
Firm's EIN ▶
Phone no.
Form 8038-G (Rev. 9-2011)
121
Userid: CPM Schema: instrx Leadpct: 100%Pt. size: 9 Draft Ok to PrintAH XSL/XML Fileid: Instructions/I8038G/201209/A/XML/Cycle04/source (Init. & Date) _______Page 1 of 4 14:33 - 10-Aug-2012The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
Instructions for Form 8038-G(Rev. September 2012)
(Use with the September 2011 revision of Form 8038-G.)
Information Return for Tax-Exempt Governmental Obligations
Department of the TreasuryInternal Revenue Service
Section references are to the Internal Revenue Code unless otherwise noted.
General Instructions
Purpose of Form
Form 8038-G is used by issuers of tax-exempt governmental obligations to provide the IRS with the information required by section 149(e) and to monitor the requirements of sections 141 through 150.
Who Must File
IF the issue price (line 21, column (b)) is...
THEN, for tax-exempt governmental obligations issued after December 31, 1986, issuers must file...
$100,000 or more A separate Form 8038-G for each issue
Less than $100,000 Form 8038-GC, Information Return for Small Tax-Exempt Governmental Bond Issues, Leases, and Installment Sales
For all build America bonds and recovery zone economic development bonds use Form 8038-B, Information Return for Build America Bonds and Recovery Zone Economic Development Bonds. For tax credit bonds and specified tax credit bonds use Form 8038-TC, Information Return for Tax Credit Bonds and Specified Tax Credit Bonds.
When To File
File Form 8038-G on or before the 15th day of the 2nd calendar month after the close of the calendar quarter in which the bond is issued. Form 8038-G may not be filed before the issue date and must be completed based on the facts as of the issue date.
Late filing. An issuer may be granted an extension of time to file Form 8038-G under Section 3 of Rev. Proc. 2002-48, 2002-37 I.R.B. 531, if it is determined that the failure to file timely is not due to willful neglect. Type or print at the top of the form “Request for Relief under section 3 of Rev. Proc. 2002-48” and attach a letter explaining why Form 8038-G was not submitted to the IRS on time. Also indicate whether the bond issue in question is under examination by the IRS. Do not
CAUTION
!
submit copies of the trust indenture or other bond documents. See Where To File next.
Where To File
File Form 8038-G, and any attachments, with the Department of the Treasury, Internal Revenue Service Center, Ogden, UT 84201.
Private delivery services. You can use certain private delivery services designated by the IRS to meet the “timely mailing as timely filing/paying” rule for tax returns and payments. These private delivery services include only the following:DHL Express (DHL): DHL Same Day Service.Federal Express (FedEx): FedEx Priority Overnight, FedEx Standard Overnight, FedEx 2Day, FedEx International Priority, and FedEx International First.United Parcel Service (UPS): UPS Next Day Air, UPS Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A.M., UPS Worldwide Express Plus, and UPS Worldwide Express.
The private delivery service can tell you how to get written proof of the mailing date.
Other Forms That May Be Required
For rebating arbitrage (or paying a penalty in lieu of arbitrage rebate) to the Federal government, use Form 8038-T, Arbitrage Rebate, Yield Reduction and Penalty in Lieu of Arbitrage Rebate.
For private activity bonds, use Form 8038, Information Return for Tax-Exempt Private Activity Bond Issues.
For build America bonds (Direct Pay), build America bonds (Tax Credit), and recovery zone economic development bonds, complete Form 8038-B, Information Return for Build America Bonds and Recovery Zone Economic Development Bonds.
For qualified forestry conservation bonds, new clean renewable energy bonds, qualified energy conservation bonds, qualified zone academy bonds, qualified school construction bonds, clean renewable energy bonds, and all other qualified tax credit bonds (except build America bonds), file Form 8038-TC,
Information Return for Tax Credit Bonds and Specified Tax Credit Bonds.
Rounding to Whole Dollars
You may show amounts on this return as whole dollars. To do so, drop amounts less than 50 cents and increase amounts from 50 cents through 99 cents to the next higher dollar.
Questions on Filing Form 8038-G
For specific questions on how to file Form 8038-G send an email to the IRS at TaxExemptBondQuestions@irs.gov and put “Form 8038-G Question” in the subject line. In the email include a description of your question, a return email address, the name of a contact person, and a telephone number.
Definitions
Tax-exempt obligation. This is any obligation, including a bond, installment purchase agreement, or financial lease, on which the interest is excluded from income under section 103.
Tax-exempt governmental obligation. A tax-exempt obligation that is not a private activity bond (see next) is a tax-exempt governmental obligation. This includes a bond issued by a qualified volunteer fire department under section 150(e).
Private activity bond. This includes an obligation issued as part of an issue in which:More than 10% of the proceeds are to be used for any private activity business use, andMore than 10% of the payment of principal or interest of the issue is either (a) secured by an interest in property to be used for a private business use (or payments for such property) or (b) to be derived from payments for property (or borrowed money) used for a private business use.
It also includes a bond, the proceeds of which (a) are to be used directly or indirectly to make or finance loans (other than loans described in section 141(c)(2)) to persons other than governmental units and (b) exceeds the lesser of 5% of the proceeds or $5 million.
Issue price. The issue price of obligations is generally determined under Regulations section 1.148-1(b). Thus,
Aug 10, 2012 Cat. No. 63774D
122
Page 2 of 4 Fileid: Instructions/I8038G/201209/A/XML/Cycle04/source 14:33 - 10-Aug-2012The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
when issued for cash, the issue price is the first price at which a substantial amount of the obligations are sold to the public. To determine the issue price of an obligation issued for property, see sections 1273 and 1274 and the related regulations.
Issue. Generally, obligations are treated as part of the same issue if they are issued by the same issuer, on the same date, and in a single transaction, or a series of related transactions. However, obligations issued during the same calendar year (a) under a loan agreement under which amounts are to be advanced periodically (a “draw-down loan”) or (b) with a term not exceeding 270 days, may be treated as part of the same issue if the obligations are equally and ratably secured under a single indenture or loan agreement and are issued under a common financing arrangement (for example, under the same official statement periodically updated to reflect changing factual circumstances). Also, for obligations issued under a draw-down loan that meet the requirements of the preceding sentence, obligations issued during different calendar years may be treated as part of the same issue if all of the amounts to be advanced under the draw-down loan are reasonably expected to be advanced within 3 years of the date of issue of the first obligation. Likewise, obligations (other than private activity bonds) issued under a single agreement that is in the form of a lease or installment sale may be treated as part of the same issue if all of the property covered by that agreement is reasonably expected to be delivered within 3 years of the date of issue of the first obligation.
Arbitrage rebate. Generally, interest on a state or local bond is not tax-exempt unless the issuer of the bond rebates to the United States arbitrage profits earned from investing proceeds of the bond in higher yielding nonpurpose investments. See section 148(f).
Construction issue. This is an issue of tax-exempt bonds that meets both of the following conditions:
1. At least 75% of the available construction proceeds are to be used for construction expenditures with respect to property to be owned by a governmental unit or a section 501(c)(3) organization, and
2. All the bonds that are part of the issue are qualified 501(c)(3) bonds, bonds that are not private activity bonds, or private activity bonds issued to finance property to be owned by a governmental unit or a section 501(c)(3) organization.
In lieu of rebating any arbitrage that may be owed to the United States, the issuer of a construction issue may make
an irrevocable election to pay a penalty. The penalty is equal to 11 2% of the amount of construction proceeds that do not meet certain spending requirements. See section 148(f)(4)(C) and the Instructions for Form 8038-T.
Pooled financing issue. This is an issue of tax-exempt bonds, the proceeds of which are to be used to finance purpose investments representing conduit loans to two or more conduit borrowers, unless those conduit loans are to be used to finance a single capital project.
Specific Instructions
Part I—Reporting Authority
Amended return. An issuer may file an amended return to change or add to the information reported on a previously filed return for the same date of issue. If you are filing to correct errors or change a previously filed return, check the Amended Return box in the heading of the form.
The amended return must provide all the information reported on the original return, in addition to the new or corrected information. Attach an explanation of the reason for the amended return and write across the top, “Amended Return Explanation.” Failure to attach an explanation may result in a delay in processing the form.
Line 1. The issuer's name is the name of the entity issuing the obligations, not the name of the entity receiving the benefit of the financing. For a lease or installment sale, the issuer is the lessee or the purchaser.
Line 2. An issuer that does not have an employer identification number (EIN) should apply for one on Form SS-4, Application for Employer Identification Number. You can get this form on the IRS website at IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). You may receive an EIN by telephone by following the instructions for Form SS-4.
Line 3a. If the issuer wishes to authorize a person other than an officer or other employee of the issuer (including a legal representative or paid preparer) to communicate with the IRS and whom the IRS may contact about this return (including in writing or by telephone), enter the name of such person here. The person listed in line 3a must be an individual. Do not enter the name and title of an officer or other employee of the issuer here (use line 10a for that purpose).
Note. By authorizing a person other than an authorized officer or other employee of the issuer to communicate with the IRS and whom the IRS may contact about this return, the issuer authorizes the IRS to
communicate directly with the individual entered on line 3a and consents to disclose the issuer's return information to that individual, as necessary, to process this return.
Lines 4 and 6. If you listed an individual on line 3a to communicate with the IRS and whom the IRS may contact about this return, enter the number and street (or P.O. box if mail is not delivered to street address), city, town, or post office, state, and ZIP code of that person. Otherwise, enter the issuer's number and street (or P.O. box if mail is not delivered to street address), city, town, or post office, state, and ZIP code.
Note. The address entered on lines 4 and 6 is the address the IRS will use for all written communications regarding the processing of this return, including any notices.
Line 5. This line is for IRS use only. Do not make any entries in this box.
Line 7. The date of issue is generally the date on which the issuer physically exchanges the bonds that are part of the issue for the underwriter's (or other purchaser's) funds. For a lease or installment sale, enter the date interest starts to accrue in an MM/DD/YYYY format.
Line 8. If there is no name of the issue, please provide other identification of the issue.
Line 9. Enter the CUSIP (Committee on Uniform Securities Identification Procedures) number of the bond with the latest maturity. If the issue does not have a CUSIP number, write “None.”
Line 10a. Enter the name and title of the officer or other employee of the issuer whom the IRS may call for more information. If the issuer wishes to designate a person other than an officer or other employee of the issuer (including a legal representative or paid preparer) whom the IRS may call for more information about the return, enter the name, title, and telephone number of such person on lines 3a and 3b.
Complete lines 10a and 10b even if you complete lines 3a and 3b.
Part II—Type of Issue
Elections referred to in Part II are made on the original bond documents, not on this form.
Identify the type of obligations issued by entering the corresponding issue price (see Issue price under Definitions earlier). Attach a schedule listing names and EINs of organizations that are to use proceeds of these obligations, if different from those
CAUTION
!
CAUTION
!
-2-123
Page 3 of 4 Fileid: Instructions/I8038G/201209/A/XML/Cycle04/source 14:33 - 10-Aug-2012The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
of the issuer, include a brief summary of the use and indicate whether or not such user is a governmental or nongovernmental entity.
Line 18. Enter a description of the issue in the space provided.
Line 19. If the obligations are short-term tax anticipation notes or warrants (TANs) or short-term revenue anticipation notes or warrants (RANs), check box 19a. If the obligations are short-term bond anticipation notes (BANs), issued with the expectation that they will be refunded with the proceeds of long-term bonds at some future date, check box 19b. Do not check both boxes.
Line 20. Check this box if property other than cash is exchanged for the obligation, for example, acquiring a police car, a fire truck, or telephone equipment through a series of monthly payments. (This type of obligation is sometimes referred to as a “municipal lease.”) Also check this box if real property is directly acquired in exchange for an obligation to make periodic payments of interest and principal. Do not check this box if the proceeds of the obligation are received in the form of cash, even if the term “lease” is used in the title of the issue.
Part III—Description of Obligations
Line 21. For column (a), the final maturity date is the last date the issuer must redeem the entire issue.
For column (b), see Issue price under Definitions earlier.
For column (c), the stated redemption price at maturity of the entire issue is the sum of the stated redemption prices at maturity of each bond issued as part of the issue. For a lease or installment sale, write “N/A” in column (c).
For column (d), the weighted average maturity is the sum of the products of the issue price of each maturity and the number of years to maturity (determined separately for each maturity and by taking into account mandatory redemptions), divided by the issue price of the entire issue (from line 21, column (b)). For a lease or installment sale, enter instead the total number of years the lease or installment sale will be outstanding.
For column (e), the yield, as defined in section 148(h), is the discount rate that, when used to compute the present value of all payments of principal and interest to be paid on the obligation, produces an amount equal to the purchase price, including accrued interest. See Regulations section 1.148-4 for specific rules to compute the yield on an issue. If the issue is a variable rate issue, write “VR” as the yield of the issue. For other
than variable rate issues, carry the yield out to four decimal places (for example, 5.3125%). If the issue is a lease or installment sale, enter the effective rate of interest being paid.
Part IV—Uses of Proceeds of Bond Issue
For a lease or installment sale, write “N/A” in the space to the right of the title for Part IV.
Line 22. Enter the amount of proceeds that will be used to pay interest from the date the bonds are dated to the date of issue.
Line 24. Enter the amount of the proceeds that will be used to pay bond issuance costs, including fees for trustees and bond counsel. If no bond proceeds will be used to pay bond issuance costs, enter zero. Do not leave this line blank.
Line 25. Enter the amount of the proceeds that will be used to pay fees for credit enhancement that are taken into account in determining the yield on the issue for purposes of section 148(h) (for example, bond insurance premiums and certain fees for letters of credit).
Line 26. Enter the amount of proceeds that will be allocated to such a fund.
Line 27. Enter the amount of the proceeds that will be used to pay principal, interest, or call premium on any other issue of bonds within 90 days of the date of issue.
Line 28. Enter the amount of the proceeds that will be used to pay principal, interest, or call premium on any other issue of bonds after 90 days of the date of issue, including proceeds that will be used to fund an escrow account for this purpose.
Part V—Description of Refunded Bonds
Complete this part only if the bonds are to be used to refund a prior issue of tax-exempt bonds. For a lease or installment sale, write “N/A” in the space to the right of the title for Part V.
Lines 31 and 32. The remaining weighted average maturity is determined without regard to the refunding. The weighted average maturity is determined in the same manner as on line 21, column (d).
Line 34. If more than a single issue of bonds will be refunded, enter the date of issue of each issue. Enter the date in an MM/DD/YYYY format.
Part VI—Miscellaneous
Line 35. An allocation of volume cap is required if the nonqualified amount for the issue is more than $15 million but is not
more than the amount that would cause the issue to be private activity bonds.
Line 36. If any portion of the gross proceeds of the issue is or will be invested in a guaranteed investment contract (GIC), as defined in Regulations section 1.148-1(b), enter the amount of the gross proceeds so invested, as well as the final maturity date of the GIC and the name of the provider of such contract.
Line 37. If the issue is a pooled financing issue (as defined under Pooled financing issue in Definitions), enter the amount of the proceeds used to make loans to other governmental units, the interest on which is tax-exempt.
Line 38. If the issue is a loan of proceeds from a pooled financing issue (as defined under Pooled financing issue in Definitions), check the box and where asked for the date of issue, EIN, and name of the issuer of the master pool obligation, enter the date of issue, EIN, and name of the issuer of the pooled financing issue.
Line 40. Check this box if the issue is a construction issue and an irrevocable election to pay a penalty in lieu of arbitrage rebate has been made on or before the date the bonds were issued. The penalty is payable with a Form 8038-T for each 6-month period after the date the bonds are issued. Do not make any payment of penalty in lieu of arbitrage rebate with this form. See Rev. Proc. 92-22, 1992-1 C.B. 736 for rules regarding the “election document.”
Line 41a. Check this box if the issuer has identified a hedge on its books and records according to Regulations sections 1.148-4(h)(2)(viii) and 1.148-4(h)(5) that permit an issuer of tax-exempt bonds to identify a hedge for it to be included in yield calculations for computing arbitrage.
Line 42. In determining if the issuer has super-integrated a hedge, apply the rules of Regulations section 1.148-4(h)(4). If the hedge is super-integrated, check the box.
Line 43. If the issuer takes a “deliberate action” after the issue date that causes the conditions of the private business tests or the private loan financing test to be met, then such issue is also an issue of private activity bonds. Regulations section 1.141-2(d)(3) defines a deliberate action as any action taken by the issuer that is within its control regardless of whether there is intent to violate such tests. Regulations section 1.141-12 explains the conditions to taking remedial action that prevent an action that causes an issue to meet the private business tests or private loan financing test from being treated as a deliberate action. Check the box if the issuer has established written procedures to ensure timely remedial action for all nonqualified bonds according to
-3-124
Page 4 of 4 Fileid: Instructions/I8038G/201209/A/XML/Cycle04/source 14:33 - 10-Aug-2012The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
Regulations section 1.141-12 or other remedial actions authorized by the Commissioner under Regulations section 1.141-12(h).
Line 44. Check the box if the issuer has established written procedures to monitor compliance with the arbitrage, yield restriction, and rebate requirements of section 148.
Line 45a. Check the box if some part of the proceeds was used to reimburse expenditures. Figure and then enter the amount of proceeds that are used to reimburse the issuer for amounts paid for a qualified purpose prior to the issuance of the bonds. See Regulations section 1.150-2.
Line 45b. An issuer must adopt an official intent to reimburse itself for preissuance expenditures within 60 days after payment of the original expenditure unless excepted by Regulations section 1.150-2(f). Enter the date the official intent was adopted. See Regulations section 1.150-2(e) for more information about official intent.
Signature and Consent
An authorized representative of the issuer must sign Form 8038-G and any applicable certification. Also print the name and title of the person signing Form 8038-G. The authorized representative of the issuer signing this form must have the authority to consent to the disclosure of the issuer's return information, as necessary to process this return, to the person(s) that have been designated in Form 8038-G.
Note. If the issuer in Part 1, lines 3a and 3b authorizes the IRS to communicate (including in writing and by telephone) with a person other than an officer or other employee of the issuer, by signing this form, the issuer's authorized representative consents to the disclosure of the issuer's return information, as necessary to process this return, to such person.
Paid Preparer
If an authorized officer of the issuer filled in this return, the paid preparer's space should remain blank. Anyone who prepares the return but does not charge the organization should not sign the return. Certain others who prepare the return should not sign. For example, a regular, full-time employee of the issuer, such as a clerk, secretary, etc., should not sign.
Generally, anyone who is paid to prepare a return must sign it and fill in the other blanks in the Paid Preparer Use Only area of the return.
The paid preparer must:Sign the return in the space provided for the preparer's signature (a facsimile signature is acceptable),Enter the preparer information, andGive a copy of the return to the issuer.
Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws.
You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103.
The time needed to complete and file this form varies depending on individual circumstances. The estimated average time is:
Learning about the law or the form ...........
2 hr., 41 min.
Preparing, copying, assembling, and sending the form to the IRS ....
3 hr., 3 min.
If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. You can write to the Internal Revenue Service, Tax Products Coordinating Committee, SE:W:CAR:MP:T:M:S, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224. Do not send the form to this office. Instead, see Where To File.
-4-125
Memorandum
REPORT TO:City Commission
FROM:Sarah Rosenberg, Associate Planner/Historic Preservation Officer
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Community Planning Collaborative for the Historic Preservation Policy and
Local Landmark Program.
MEETING DATE:October 17, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
Community Planning Collaborative for the Historic Preservation Policy and
Local Landmark Program.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:The City of Bozeman is moving forward to update the historic preservation
policy and create a local landmark program. Approved by the City
Commission as part of its budget in FY24, this project will revamp existing
preservation policies as outlined in the Unified Development Code, Section
38.340. The City of Bozeman's Historic Preservation Program began in the
early 1980's when a comprehensive historic architecture survey of the
"historic portion" of the city was conducted. This helped establish a historic
preservation policy and created the Neighborhood Conservation Overlay
District (NCOD). Since then, there have been evaluation reports of the NCOD
done in 2015 and 2019 and some areas resurveyed to update the historic
inventory forms. However, with updates to the Unified Development Code
and other city plans and documents, there are some discrepancies within the
NCOD and zoning districts that contradict how development occurs and the
existing neighborhood fabric. This project will focus on rebranding the City's
historic preservation program, the NCOD, and look to create a local
landmark policy.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the City Commission
FISCAL EFFECTS:This project was funded in FY2024
126
Attachments:
Landmark Program_PSA_DraftFinal_CPC signed.pdf
Report compiled on: October 4, 2023
127
Professional Services Agreement for Historic Preservation Policy & Local Landmark Program 22338
Page 1 of 15
PROFESSIONAL SERVICES AGREEMENT
THIS 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
Community Planning Collaborative, 221 N. Hogan Street, Suite 237, Jacksonville, FL 32202, 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 and Schedule attached hereto as Attachments A and C and by this reference
made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the
30th day of June 2025, 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.
4. Payment: City agrees to pay Contractor the not-to-exceed fixed fee amount of $74,400.00 plus
the actual cost of reimbursable expenses or the estimated costs as specified in Attachment D, whichever is less.
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 Attachment D. The City must agree in writing upon any additional charges.
City agrees to pay the Contractor in full within 30 days of invoices submitted on a monthly basis. Monthly
invoices will detail hours expended and tasks completed from the scope of services outlined in Attachment D.
5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes
the following representations:
128
Professional Services Agreement for Historic Preservation Policy & Local Landmark Program 22338
Page 2 of 15
a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of
Services, and with all local conditions and federal, state and local laws, ordinances, rules, and
regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to perform the
services required by this Agreement; that it will perform the services in a professional, competent
and timely manner and with diligence and skill; that it has the power to enter into and perform this
Agreement and grant the rights granted in it; and that its performance of this Agreement shall not
infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures
or formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an
independent contractor for purposes of this Agreement and is not to be considered an employee of the City for
any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and
may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not
authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third
parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39,
Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter
71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of
Contractor’s business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’
compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the
State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent
contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or
materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take
immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve
all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of
Contractor; provided, however, that 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.
129
Professional Services Agreement for Historic Preservation Policy & Local Landmark Program 22338
Page 3 of 15
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] 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.
130
Professional Services Agreement for Historic Preservation Policy & Local Landmark Program 22338
Page 4 of 15
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 insured
on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability
policies. The insurance and required endorsements must be in a form suitable to City and shall include no less
than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business
days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s
decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of
its obligations under this Agreement, or otherwise breaches any terms or conditions of this
Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to
proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The
City may then take over the work and complete it, either with its own resources or by re-letting the
contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only
for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which
the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be
entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
131
Professional Services Agreement for Historic Preservation Policy & Local Landmark Program 22338
Page 5 of 15
productivity, field office overhead, general conditions costs, or lost profits damages of any nature
arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to
the City to cease performance under this Agreement, the City may terminate this Agreement by
written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination
shall be effective in the manner specified in the Notice of Termination for City’s Convenience and
shall be without prejudice to any claims that the City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the
Notice, the Contractor shall immediately cease performance under this Agreement and make every
reasonable effort to refrain from continuing work, incurring additional expenses or costs under this
Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to
the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain
work already completed or immediately in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for
those services Contractor actually rendered on or before the receipt of the Notice of Termination
for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its
performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or
recover consequential, special, punitive, lost business opportunity, lost productivity, field office
overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have
arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages
shall be limited to contract damages and Contractor hereby expressly waives any right to claim or
recover consequential, special, punitive, lost business opportunity, lost productivity, field office
overhead, general conditions costs, or lost profits 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 Sarah
Rosenberg, Historic Preservation Officer, 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
132
Professional Services Agreement for Historic Preservation Policy & Local Landmark Program 22338
Page 6 of 15
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 Adrienne Burke, Principal at Community Planning Collaborative, or such other individual
as Contractor shall designate in writing. Whenever direction to or communication with Contractor
is required by this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other designated
Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and shall be provided to
the Representatives named in this Section. Notices shall be deemed given when delivered, if
delivered by courier to Party’s address shown above during normal business hours of the recipient;
or when sent, if sent by email or fax (with a successful transmission report) to the email address or
fax number provided by the Party’s Representative; or on the fifth business day following mailing,
if mailed by ordinary mail to the address shown above, postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules,
and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and
inspections from applicable governmental authorities, and pay all fees and charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws,
regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all
environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational
Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50,
Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with
Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business
statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of
persons performing this Agreement shall be on the basis of merit and qualifications. As affirmed in Attachment
B 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.
133
Professional Services Agreement for Historic Preservation Policy & Local Landmark Program 22338
Page 7 of 15
Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements
of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report
to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days
of such finding for violations occurring during the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services under this
Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not
permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or
agent engaged in services to the City under this Agreement while on City property or in the performance of any
activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities
and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol
misuse prevention plans and related testing. City shall have the right to request proof of such compliance and
Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees and agents in
proper and specified work methods and procedures. The Contractor shall provide continuous inspection and
supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe
work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or altered
except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign
Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written
consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this
Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide
documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this
Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and
copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor
pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal,
state, and local law. The Contractor shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or
conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue
any available legal or equitable rights in the event of any subsequent default or breach.
134
Professional Services Agreement for Historic Preservation Policy & Local Landmark Program 22338
Page 8 of 15
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney
to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the
prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees,
salary, and costs of in-house counsel including the City Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate
employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives
shall be resolved first by negotiation between senior-level personnel from each party duly
authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties
may invite an independent, disinterested mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was
first raised, then such dispute may only be resolved in a court of competent jurisdiction in
compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not be construed
as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance
thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of
the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal
representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not
constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together constitute one
instrument.
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
135
Professional Services Agreement for Historic Preservation Policy & Local Landmark Program 22338
Page 9 of 15
upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All
communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and
withdrawn unless specifically made a part of this Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part
1, MCA.
31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year
by written agreement of the Parties. In no case, however, may this Agreement run longer than June 1, 2025.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
136
Professional Services Agreement for Historic Preservation Policy & Local Landmark Program 22338
Page 10 of 15
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 COMMUNITY PLANNING COLLABORATIVE
CONTRACTOR
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
Adrienne Burke
Principal/Owner
137
Professional Services Agreement for Historic Preservation Policy & Local Landmark Program 22338
Page 11 of 15
Attachment A – Scope of Services
There will be two phases of this project with the ultimate goal to establish a local landmark program.
Phase 1 – Using the 2019 NCOD Policy Direction Report as a baseline, the consultant will help implement and
develop ways to rebrand and revise the current historic preservation program with emphasis on creating a local
landmark program and policies. Prior to creating ordinance language, manuals, or other supporting documents,
the consultant will outline these mechanisms to bring forth to the City Commission which may include, but are
not limited to the following items:
• Identifying policy goals and a process to strengthen the current preservation program and create a local
landmark program, which includes articulating a long term vision, achievable strategies, educational
opportunities, and community engagement;
• Detecting the discrepancies between the zoning districts and how it impacts NCOD, as well as other
impediments of the current historic preservation program and existing code sections. This includes
coordinating with the on-going update to the City’s zoning districts and standards for zone edge
transitions within the NCOD;
• Outlining strategies and policy recommendations that could be adopted to evolve or alter the City’s
current historic preservation program (examples: rebalancing the emphasis of the historic preservation
program between historic architecture and the historic events or context of the people that shaped
Bozeman’s history; determining incentives for historic preservation or maintenance of historic sites and
resources; recommending changes to the role and duties of the HPAB);
• Reviewing existing historic property inventory data and make recommendations regarding future
planning and development efforts within the NCOD and identifying other areas that could be considered
for inclusion in the City’s historic preservation program; and
• Providing policy suggestions to support how preservation can contribute to solutions for larger societal
issues such as climate change, social justice, affordable housing, economic development, community
development, and finance, with an emphasis on innovative and creative tools and techniques that help
embrace a multi-disciplinary approach.
• Conducting public engagement with community members, landowners, business owners, the Historic
Preservation Advisory Board (HPAB), elected officials, city staff, design professionals, and other
stakeholders to gather feedback on the City’s current historic preservation program and ways to
strengthen it; and
Completion of Phase 1 and the written report associated with this phase must be provided to the City by August
30, 2024.
Phase 2 – If the Bozeman City Commission directs staff to proceed with implementing policy recommendations
of Phase 1, the consultant will:
• Draft an ordinance to amend or repeal and replace the preservation section of the code to implement
policy direction provided by the Bozeman City Commission; and
138
Professional Services Agreement for Historic Preservation Policy & Local Landmark Program 22338
Page 12 of 15
• Draft an administrative manual and associated administrative documents or forms to implement the local
landmark program ordinance.
The ordinance and administrative manual may include, but are not limited to the following items:
• Outline the process and procedures to implement the local landmark program with emphasis on required
application materials, selection criteria, nomination process, standards, and methods;
• Protection, demolition, and maintenance requirements or standards;
• Incentive measures for preservation or maintenance of historic resources;
• Outline the process and procedures to remove an historic structure or resource from the local landmark
program, including required application materials and criteria for removal;
• The role and duties the Historic Preservation Advisory Board;
• Methods and procedures for data management and documentation of historic resources; and
• Use and presentation of data and documentation for educational and outreach programs.
The deadline for completion of Phase 2 and the written materials associated with this phase will be determined
after receiving policy direction from the Bozeman City Commission.
139
Professional Services Agreement for Historic Preservation Policy & Local Landmark Program 22338
Page 13 of 15
Attachment B – Nondiscrimination and Equal Pay Affirmation
140
Professional Services Agreement for Historic Preservation Policy & Local Landmark Program 22338
Page 14 of 15
Attachment C – Schedule
141
Professional Services Agreement for Historic Preservation Policy & Local Landmark Program 22338
Page 15 of 15
Attachment D – Budget Table
142
Memorandum
REPORT TO:City Commission
FROM:Jon Kercher, WRF Assistant Superintendent
Tom Radcliffe, Water Reclamation Facility Superintendent
John Alston, Utilities Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Montana
Boiler Service, Inc.
MEETING DATE:October 17, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with Montana
Boiler Service, Inc.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:
The Water Reclamation Facility has a large fire-tube boiler that was unexpectedly
found to be in need of repairs and are hoping to get repair work completed before
winter (as these boilers provide heat for our processes and facilities.)
We do have planned funds in O&M to cover these costs.
Staff sought quotes from 5 vendors in multiple states and the lowest is Montana
Boiler Services in Billings @ $26,750.
UNRESOLVED ISSUES:None
ALTERNATIVES:
As directed by Commission.FISCAL EFFECTS:
One redundant unit on site is currently in use but must burn Natural Gas to provide
heat for processes and facilities. The repair of boiler #1 will allow the utilization of
bio-gas generated on site rather than flare it all off.
Attachments:
PSA for WRF Boiler #1 Retube.pdf
143
Exhibit A MBSProposal.pdf
Report compiled on: October 5, 2023
144
Professional Services Agreement for [WRF Boiler #1 Retube]
Page 1 of 12
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of October, 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, MONTANA BOILER SERVICE, INC, 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 in Section 3.
2. Term/Effective Date: This Agreement is effective upon the Effective Date of the
agreement. This Agreement is for repair services and thus will terminate when work is completed
unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the following work and provide the
following services in accordance with the requirements of this Agreement. For conflicts between
this Agreement and the Proposal submitted by Contractor (Exhibit A), this Agreement governs.
• Provide boilermakers to complete boiler retube in accordance with 2022 N.B.I.C. and
Montana state law.
• Participate in LOTO and permitting.
• Remove (49) tubes and prep for new tube installation.
• Install (49) 2.5” x .105” SA-178A tubes with flared and beaded tube ends.
• Perform hydrostatic test.
• Perform Combustion test.
• Dispose of all debris.
Additional Items Provided by Montana Boiler Services
• (49) 2.5” x .105” x 84” SA-178A tube stock.
145
Professional Services Agreement for [WRF Boiler #1 Retube]
Page 2 of 12
• Waterside and Fireside gaskets.
Items Provided by City of Bozeman
• Forklift support.
• Hydrostatic testing support.
• Plant air, water, electricity, restroom facilities.
4. Payment: City agrees to pay Contractor $26,750 from Contractor Proposal (Exhibit
A) for the Scope of Services in Section 3, plus all insurance inspection fees. 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. The City must agree in writing upon any additional
charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of
Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this
Agreement shall not infringe upon or violate the rights of any third party, whether rights of
copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever,
or violate any federal, state and municipal laws. The City will not determine or exercise control as
to general procedures or formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be considered
an employee of the City for any purpose. Contractor is not subject to the terms and provisions of
the City’s personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Contractor is not authorized to represent the City or otherwise
bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage
146
Professional Services Agreement for [WRF Boiler #1 Retube]
Page 3 of 12
for all members and employees of Contractor’s business, except for those members who are
exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under
this Agreement. Such posting shall be removed only upon expiration or termination of this
Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are
assigned.
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
147
Professional Services Agreement for [WRF Boiler #1 Retube]
Page 4 of 12
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
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.
148
Professional Services Agreement for [WRF Boiler #1 Retube]
Page 5 of 12
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right
of contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any
exclusion for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
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
149
Professional Services Agreement for [WRF Boiler #1 Retube]
Page 6 of 12
Contractor’s receipt of notice that any required insurance coverage will be terminated or
Contractor’s decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any terms
or conditions of this Agreement, the City may, by written notice, terminate this Agreement
and the Contractor’s right to proceed with all or any part of the work (“Termination Notice
Due to Contractor’s Fault”). The City may then take over the work and complete it, either
with its own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s 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
150
Professional Services Agreement for [WRF Boiler #1 Retube]
Page 7 of 12
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work
as may be necessary to preserve, protect, and maintain work already completed or
immediately in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of
the Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity,
lost productivity, field office overhead, general conditions costs, or lost profits damages of
any nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Jon Kercher, Assistant WRF Superintendent, 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
151
Professional Services Agreement for [WRF Boiler #1 Retube]
Page 8 of 12
receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be _____________________ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed
given when delivered, if delivered by courier to Party’s address shown above during normal
business hours of the recipient; or when sent, if sent by email or fax (with a successful
transmission report) to the email address or fax number provided by the Party’s
Representative; or on the fifth business day following mailing, if mailed by ordinary mail to
the address shown above, postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County,
and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor
will not refuse employment to a person, bar a person from employment, or discriminate against a
person in compensation or in a term, condition, or privilege of employment because of race, color,
religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
152
Professional Services Agreement for [WRF Boiler #1 Retube]
Page 9 of 12
orientation, gender identity, physical or mental disability, except when the reasonable demands of
the position require an age, physical or mental disability, marital status or sex distinction. The
Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section
140, Title 2, United States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay
Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or
illegal drugs, by any employee or agent engaged in services to the City under this Agreement while
on City property or in the performance of any activities under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S.
Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish 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
153
Professional Services Agreement for [WRF Boiler #1 Retube]
Page 10 of 12
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
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.
154
155
Professional Services Agreement for [WRF Boiler #1 Retube]
Page 12 of 12
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
156
157
Memorandum
REPORT TO:City Commission
FROM:Jon Kercher, WRF Assistant Superintendent
Tom Radcliffe, Water Reclamation Facility Superintendent
John Alston, Utilities Director
SUBJECT:Authorize the City Manager to Sign a Second Contract Extension Amendment for One
Additional Year with Neo Solutions Inc
MEETING DATE:October 17, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a second contract extension amendment for one
(1) additional year with Neo Solutions Inc. 795 Brighton Road. Beaver, PA.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:The City of Bozeman WRF purchases approximately 120,000 pounds of this polymer
product per year. The 2021 purchase agreement with Neo Solutions Inc is open for
one (1) additional year extension with mutual agreement of the City of Bozeman and
Neo Solutions Inc.
UNRESOLVED ISSUES:None
ALTERNATIVES:
As suggested by the City Commission.FISCAL EFFECTS:
Price has decreased from $1.90 per pound to $1.80 per pound due to shipping and
petroleum product cost reductions. The decrease results in savings of approximately
$12,900 for the year FY24.
Attachments:
21- Purchase Agreement - Neo Solutions - WRF Polymer.pdf
SECOND AMENDMENT TO PSA.pdf
Report compiled on: October 2, 2023
158
159
160
161
162
163
164
165
166
167
Memorandum
REPORT TO:City Commission
FROM:Elizabeth Cramblet, Associate Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Resolution 5533, Annexation of 20.515 Acres, the 4840 Fowler Lane
Annexation , Application 22383.
MEETING DATE:October 17, 2023
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Resolution 5533.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The applicant and property owner seek to annex one parcel totaling
approximately 20.515 acres into the City limits and establish initial zoning of
R-4 (Residential High Density) district. The property is currently zoned
"Agriculture Suburban" (AS) within the county. The same AS County zoning is
also to the north, south and west. Nearby municipal zoning to the east and
southeast is R-4, Residential High Density, R-5, Residential Mixed Use High
Density, and R-3, Residential Medium Density district. The Future Land Use
Map is the Bozeman Community Plan (BCP) 2020 designates the property as
"Urban Neighborhood" which includes the R-4 district as an implementing
zoning district. The property is bordered by Fowler Lane to the west (a
Bozeman classified minor arterial street), and Stucky Road to the north (a
Bozeman classified collector street) is nearby. There is an existing residential
structure on the property.
The Commission held a public hearing on the request on April 25, 2023 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 2150 accompanies this Resolution of
annexation.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the Commission.
168
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:
Resolution 5533 4840 Fowler Lane Annexation.pdf
4840 FOWLER ANNEXATION MAP.pdf
FINAL Annexation Agreement 22383 (4840 Fowler Ln).pdf
Report compiled on: September 20, 2023
169
Page 1 of 3
RESOLUTION NO. 5533
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN 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 TRACTS TOTALING 20.515 ACRES, KNOWN
AS THE 4840 FOWLER LANE ANNEXATION, APPLICATION 22383.
WHEREAS, the City of Bozeman received a petition for annexation requesting the City
Commission to extend the boundaries of the City of Bozeman so as to include an area of land
containing approximately 20.515 acres, located south of the intersection of Stucky Road and Fowler
Lane; and
WHEREAS, the petition was submitted by the landowner on December 6, 2022
requesting the City Commission to extend the boundaries of the City of Bozeman; 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 April 25,
2023; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
April 25, 2023; and
WHEREAS, the City did not receive any written protest from the real property owners of
the area to be annexed; and
170
Resolution 5533 4840 Fowler Lane Annexation
Page 2 of 3
WHEREAS, the provision of available services to said tracts as described is the subject
of an Annexation Agreement; and
WHEREAS, the City of Bozeman is required to annex adjacent public right of way such
as Fowler Lane; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of this 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, that:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the
following-described property, 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 20.515 acres, to wit:
Legal Description
Parcels of land being:
A tract of land being Tract 2 of Certificate of Survey No. 1996, located in the Northwest
One-Quarter of Section 23, Township 2 South, Range 5 East, P.M.M., Gallatin County,
Montana, more particularly described as follows:
BEGINNING at a calculated position on the Section line between Sections 22 & 23 being
the Southwest corner of said Tract 2 from which an illegible aluminum cap, the ¼ corner
common to Sections 22 & 23 bears South 00˚ 09’ 50” East a distance of 1329.70 feet;
Thence North 00˚ 09’ 50” West along said Section Line a distance of 664.85 feet to a
calculated position; thence leaving said Section Line North 89˚ 17’ 16” East a distance of
1341.25 feet to a 5/8”x24” rebar with 2” Alpine Aluminum Cap; thence South 00˚ 00’ 24”
West a distance of 668.78 feet to a 5/8”x24” rebar with 2” Alpine Aluminum Cap;
Thence South 89˚ 27’ 18” West a distance of 1339.22 feet to the Point of Beginning,
Containing 20.515 acres more or less.
171
Resolution 5533 4840 Fowler Lane Annexation
Page 3 of 3
SUBJECT to all easements of record or apparent from visual inspection of the property.
As depicted on the 4840 Fowler Lane Annexation Map.
Section 2
The effective date of this annexation is five business days after adoption of this
Resolution:
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 17th day of October, 2023.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
172
23rdJune173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
Memorandum
REPORT TO:City Commission
FROM:Elizabeth Cramblet, Associate Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Ordinance 2150, Final Adoption of the 4840 Fowler Lane Zone Map
Amendment Initially Establishing an R-4, Residential High Density District
Zone to 20.515 Acres in Association with Annexation of the Same, Resolution
5533, the 4840 Fowler Lane Annexation, Application 22383.
MEETING DATE:October 17, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Finally Adopt Ordinance 2150
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The applicant and property owner seek to annex one parcel totaling
approximately 20.515 acres into the City limits and establish initial zoning of
R-4, Residential High Density district. The property currently zoned
"Agriculture Suburban" (AS) within the county. The same AS County zoning is
also to the north, south and west. Nearby municipal zoning to the east and
southeast is R-4, Residential High Density, R-5, Residential Mixed Use High
Density, and R-3, Residential Medium Density district. The Future Land Use
Map in the Bozeman Community Plan 2020 designates the property as
"Urban Neighborhood" which includes the R-4 district as an implementing
zoning district. The property is bordered by Fowler Lane to the west and
Stucky Road to the north. There is an existing residential structure on the
property.
The Commission held a public hearing on the request on April 25, 2023 and
acted to approve the application including the requested zoning designation.
The applicant finalized all required contingencies of the zoning and
associated terms of annexation for the related annexation. The associated
zoning annexation Resolution 5494 accompanies this Ordinance.
UNRESOLVED ISSUES:None
197
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:
Ordinance 2150 4840 Fowler Ln Annexation ZMA.pdf
4840 FOWLER ZMA MAP.pdf
Report compiled on: September 20, 2023
198
Ord 2150
Page 1 of 5
ORDINANCE 2150
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP TO ESTABLISH AN
INITIAL MUNICIPAL ZONING ON 20.515 ACRES AS R-4 (RESIDENTIAL HIGH-
DENSITY DISTRICT), THE 4840 FOWLER LANE ANNEXATION ZONE MAP
AMENDMENT, APPLICATION 22383
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 Community Development Board has been created by
Resolution 5330; and
WHEREAS, the City of Bozeman Community Development Board has been assigned
the duties of the Zoning Commission required by Section 76-2-307 MCA; 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, after conducting the required public hearing on April 3, 2023, the Bozeman
Community Development Board in their capacity as the Zoning Commission recommended to the
Bozeman City Commission that application No. 22383, the 4840 Fowler Lane Zone Annexation
Map Amendment, be approved as requested by the applicant; and
199
Ordinance No. 2150, 4840 Fowler Lane Annexation Zone Map Amendment
Page 2 of 5
WHEREAS, after proper notice, the City Commission held its public hearing on April 25,
2023, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, found that the required criteria are
satisfied;
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment recommended approval of the
200
Ordinance No. 2150, 4840 Fowler Lane Annexation Zone Map Amendment
Page 3 of 5
requested R-4 district.
7. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior to
the City Commission acting on the application.
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other relevant
information.
9. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of their decision, the required criteria for approval of Application No.
22383 the 4840 Fowler Lane Annexation Zone Map Amendment have been satisfied and
no spot zoning occurs.
Section 2
That the zoning district designation of the following-described property is hereby established as
R-4 (Residential High Density District):
Legal Description
A tract of land being Tract 2 of Certificate of Survey No. 1996, located in the Northwest
One-Quarter of Section 23, Township 2 South, Range 5 East, P.M.M., Gallatin County,
Montana, more particularly described as follows:
BEGINNING at a calculated position on the Section line between Sections 22 & 23 being
the Southwest corner of said Tract 2 from which an illegible aluminum cap, the ¼ corner
common to Sections 22 & 23 bears South 00˚ 09’ 50” East a distance of 1329.70 feet;
Thence North 00˚ 09’ 50” West along said Section Line a distance of 664.85 feet to a
calculated position; thence leaving said Section Line North 89˚ 17’ 16” East a distance of
1341.25 feet to a 5/8”x24” rebar with 2” Alpine Aluminum Cap; thence South 00˚ 00’ 24”
West a distance of 668.78 feet to a 5/8”x24” rebar with 2” Alpine Aluminum Cap;
Thence South 89˚ 27’ 18” West a distance of 1339.22 feet to the Point of Beginning,
Containing 20.515 acres more or less.
SUBJECT to all easements of record or apparent from visual inspection of the property.
As depicted on the 4840 Fowler Lane Annexation Map.
201
Ordinance No. 2150, 4840 Fowler Lane Annexation Zone Map Amendment
Page 4 of 5
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
202
Ordinance No. 2150, 4840 Fowler Lane Annexation Zone Map Amendment
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 3rd day of October 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 17th day of
October 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
203
June23rd204
Memorandum
REPORT TO:City Commission
FROM:Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Ordinance 2149, Provisional Adoption of the Short Term Rentals Text
Amendment, Application 23281
MEETING DATE:October 17, 2023
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Having reviewed and considered the staff report, draft ordinance, public
comment, recommendation from the Community Development Board, and
all information presented, I hereby adopt the findings presented in the staff
report for application 23281 and move to provisionally adopt Ordinance
2149.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:Bozeman’s existing standards for short-term rentals (STRs) were adopted in
2017 and are contained in Section 38.360.260 of the Bozeman Municipal
Code (BMC). Since then, the prevalence of STRs has increased and the City
Commission has received public comments from residents expressing
concerns related to the role STRs play in the housing market. In an effort to
balance these factors among other housing concerns, the City Commission
approved the Bozeman Community Housing Action Plan in November 2019,
with amendments in January 2020. This Action Plan recommends on-going
evaluation of regulatory policies related to STRs.
Based on these recommendations, the City Commission instructed staff in an
August 2022 work session to update STR regulations in two phases. The first
phase included public outreach and drafting an “Affirmative Obligations”
ordinance regulating short term rental hosting platforms as one measure to
increase compliance with existing regulations. Ordinance 2131 implements
this first phase and was adopted by Commission on July 11, 2023. The
second phase was to include analysis of STR types and where they are
allowed, along with evaluation and improvement of the City’s STR data.
The City engaged the services of Economic & Planning Systems (EPS) to audit
existing STR data and evaluate STRs’ role in Bozeman’s housing market and
tourism economy. A summary report of EPS’s findings is included in the
205
agenda packet for a City Commission work session held August 8, 2023. At
that meeting, staff also presented a summary of existing STR regulations, a
comparative analysis of other cities’ STR regulations, and potential policy
options for consideration. Following receipt of public comments and
discussion, the Commission provided direction to staff to prepare an
ordinance including the following elements:
• Prohibit Type 3 STRs city-wide;
• Divide Type 2 into 2A (primary residence) and 2B (ADU or one unit in a
duplex, triplex, or fourplex);
• Shift terminology from “owner-occupied” to “primary residence;” and
• Increase residency requirement from 50% to 70% of the year to qualify as
primary residence.
Accordingly staff has prepared Ordinance 2149 implementing these
elements with associated terminology, definitions and use table adjustments
to Section 38.360.260 of the BMC.
The Community Development Board reviewed the ordinance and received
public comments at an October 2, 2023 public hearing. The Board
recommends approval of the ordinance, with several substantive
amendments which may be found on page 1 of the attached staff report.
The ordinance is also attached for Commission consideration.
UNRESOLVED ISSUES:None.
ALTERNATIVES:1. Recommend ordinance not be approved based on findings of non-
compliance with the applicable criteria contained within the staff report;
2. Recommend amendments prior to adoption; or
3. Open and continue the public hearing on the application, with specific
request to staff to supply additional information or to address specific items.
FISCAL EFFECTS:The proposed prohibition of Type 3 short term rentals in all zoning districts
would result in a decrease in annual STR permit fee revenues.
Attachments:
23281 CC Staff Report - STRs ZTA Final.pdf
Draft Ordinance 2149.pdf
Report compiled on: October 4, 2023
206
Page 1 of 15
23281 Staff Report for the Short Term Rentals Text Amendment
Ordinance 2149
Public Hearings:
Community Development – October 2, 2023
City Commission – October 17, 2023
Project Description: Amend Bozeman Municipal Code (BMC) Section 38.360.260, Short
Term Rentals to generally revise Bozeman Municipal Code section 38.360.260 –
Short Term Rentals to discontinue Type 3 short term rentals as a use in any zoning
district, increase the amount of time a dwelling must serve as a primary dwelling in
order to be used as a short term rental, and differentiate between rental of a primary
residence and rental of an accessory dwelling unit on the same lot or a dwelling
within the same building as a primary residence.
Project Location: Revisions to the text are applicable City-wide in all zoning districts.
Recommendation: Meets applicable criteria for approval.
Community Development Board Motion: Having reviewed and considered the staff report,
draft ordinance, public comment, and all information presented I move to recommend to the City
Commission approval of draft Ordinance 2149 if the following substantive revisions are made:
1. Continued licensing of existing compliant Type 3 STRs at the licensees’ request;
2. No issuance of any licenses for Type 3 STRs for new properties;
3. A requirement that the City Commission at an appropriate time in the future:
reexamine the impact of Type 2 and Type 3 STRs on housing availability and costs, and
to reexamine the impact of all STRs on neighborhoods and the tourism industry, to
consult with the County on STR matters, and to make changes to the Ordinance as the
City Commission deems appropriate.
City Commission Recommended Motion: Having reviewed and considered the staff
report, draft ordinance, public comment, recommendation from the Community
Development Board, and all information presented, I hereby adopt the findings
presented in the staff report for application 23281, and move to provisionally adopt
Ordinance 2149.
Report: October 4, 2023
Staff Contact: Erin George, Deputy Director of Community Development
Agenda Item Type: Action – Legislative
207
23281, Staff Report for Short Term Rentals ZTA, Ordinance 2149 Page 2 of 15
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Project Summary ................................................................................................................. 2
Unresolved Issues ............................................................................................................... 4
Public Comment.................................................................................................................. 4
Alternatives ......................................................................................................................... 5
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 5
Section 76-2-304, MCA Zoning Regulations Criteria (A-K) ............................................. 6
APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION .............. 12
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 14
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 15
FISCAL EFFECTS ................................................................................................................. 15
ATTACHMENTS ................................................................................................................... 15
EXECUTIVE SUMMARY
This report is based on the proposed ordinance text and public comment received to date.
Project Summary
The City began considering issues related to short term rentals (STRs) within the community
in 2016, culminating in the adoption of Ordinance 1974. These standards set forth where
STRs are allowed to locate based on type, required STR hosts to register their rental with the
City of Bozeman (City) prior to operation, and to submit annual renewals. Since the adoption
of these provisions, the prevalence of STRs has increased, and the City Commission has
received public comments regarding STRs from residents, primarily expressing concerns
related to how STRs may or may not affect housing and long-term rental availability in
Bozeman.
As recommended by the 2019 Bozeman Community Housing Action Plan, staff, advisory
boards and City Commission have undertaken on-going evaluation of STR regulatory
policies, starting with a work session on August 9, 2022. Within this work session, the
Commission directed staff to conduct public outreach aimed at assessing STR hosts’ interest
208
23281, Staff Report for Short Term Rentals ZTA, Ordinance 2149 Page 3 of 15
in converting to long-term rentals, and to update STR regulations in two phases. The first
phase included drafting an “Affirmative Obligations” ordinance regulating short term rental
hosting platforms as one measure to increase compliance with existing regulations and to
require regular reporting to improve the City’s data. The second phase was to include
analysis of STR types and where they are allowed.
Following public outreach, research of other cities and monitoring of several bills proposed
in the 2023 Montana State Legislature which ultimately did not pass, staff prepared
Ordinance 2131, Affirmative Obligations, to complete phase one of Commission’s instructed
STR updates. This ordinance was adopted by the Commission on July 11, 2023. In addition
to changing the term “registration” to “hosting permit,” the ordinance applied new
responsibilities to STR hosts and hosting platforms to ensure city permits are obtained
annually and city permit numbers are listed on platforms. See Appendix A for a more
detailed project summary along with a list of all changes included in Ordinance 2131.
The second phase requested in Commission’s 2022 work session was analysis of STR types
and where they are allowed. The City engaged the services of Economic & Planning Systems
(EPS) to audit existing STR data and evaluate STRs’ role in Bozeman’s housing market and
tourism economy. A summary report of EPS’s findings is included in the agenda packet for a
City Commission work session held August 8, 2023. At that meeting, staff also presented a
summary of existing STR regulations, a comparative analysis of other cities’ STR
regulations, and potential policy options for consideration.
Leading up to, during and after the August 8, 2023 work session, the City Commission
received extensive public comments on both sides of the issues. See Appendix B for details.
Following discussion, the Commission directed staff to prepare an ordinance including the
following elements:
Prohibit Type 3 STRs city-wide;
Divide Type 2 into 2A (primary residence) and 2B (ADU or one unit in a duplex,
triplex, or fourplex);
Shift terminology from “owner-occupied” to “primary residence;” and
Increase residency requirement from 50% to 70% of the year to qualify as primary
residence.
The attached ordinance includes all of the above listed elements, along with associated
terminology, definitions and use table adjustments to Section 38.360.260 of the Bozeman
Municipal Code.
209
23281, Staff Report for Short Term Rentals ZTA, Ordinance 2149 Page 4 of 15
Unresolved Issues
None.
Public Comment
Written public comment is archived and available through the project folder in the City’s
Laserfiche archive. Comments provided orally at public meetings will be available through
the recordings of those public meetings. Links to recordings will be added to this report as
the review of the project moves forward. As of the writing of this report, 15 written public
comments have been received regarding this ordinance on or after the date of the public
notice on 9/9/2023. Additionally, 57 written public comments relating to STRs were received
leading up to the August 8, 2023 City Commission work session and 12 were received after,
bringing the total of written public comments received on this topic to 84. The August
comments are also included in the above linked project folder in Laserfiche. See Appendix B
for a summary of themes heard in both the written and oral comments.
Community Development Board
The Community Development Board met on October 2, 2023 to consider the proposed
ordinance. The video recording of the meeting is available through the City’s website. 19 oral
public comments were received; 16 of which opposed a ban of Type 3 STRs and 3 of which
supported such a ban. The Board voted 6-1 to recommend approval of the ordinance if three
substantive amendments are made to allow existing Type 3 STRs to continue operating but
prevent new Type 3 STRs, and provide future re-examination of Type 2 and 3 STR impacts
on housing availability and costs, neighborhoods and the tourism industry. The actual motion
is listed on Page 1 of this report.
The Board discussion may be viewed in the video recording of the meeting starting at
2:38:23. A few, but not all, of the points discussed include:
Role of STRs in tourism economy and household finances for those who own them;
Impact STRs can have on a neighborhood;
Hesitation to link STR limitations with an increase in affordable housing;
General support for allowing continued operation of existing Type 3 STRs;
Concerns with this ordinance moving forward before the UDC update is adopted;
Discussion and proposed motion for a 3-year moratorium on new Type 3 STR
permits, while allowing existing ones to continue;
Several board members supported idea of including Type 2B in such a moratorium,
but several did not;
Motion withdrawn and replaced with the motion listed on Page 1, which passed 6-1.
210
23281, Staff Report for Short Term Rentals ZTA, Ordinance 2149 Page 5 of 15
Alternatives
1. Recommend ordinance not be approved based on findings of non-compliance with the
applicable criteria contained within the staff report;
2. Recommend amendments prior to adoption; or
3. Open and continue the public hearing on the application, with specific request to staff to
supply additional information or to address specific items.
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the Staff finds the amendments
meet the minimum criteria for approval as proposed.
The Community Development Board in their capacity as the Zoning Commission will hold a
public hearing on these amendments on October 2, 2023, at 6:00 pm.
The City Commission will hold a public hearing on the text amendment on October 17, 2023 at
6:00 p.m. and decide whether the amendments should occur or not.
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for amendment approval under this title, the advisory boards and City
Commission must consider the following criteria (A-D) and guidelines (E-K). As an amendment
is a legislative action, the Commission has broad latitude to determine a policy direction.
A zone text amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone text amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also evaluate guidelines E-K as factors for consideration, and
may find the zone text amendment to be positive, neutral, or negative with regards to these
considerations. To approve the zone text amendment, the Commission must find the positive
outcomes of the amendment outweigh negative outcomes for guidelines E-K.
In determining whether these criteria and guidelines are met, Staff considers the entire body of
plans and regulations for land use and development. Standards which prevent or mitigate
negative impacts are incorporated throughout the entire municipal code but are principally in
Chapter 38, Unified Development Code.
The existing municipal code provisions regulating STRs and recently amended with Ordinance
2131 were, at the time of adoption, found to satisfy all of the required criteria. As such, the focus
of this report is only on the amendments proposed with Ordinance 2149. Where a finding of
211
23281, Staff Report for Short Term Rentals ZTA, Ordinance 2149 Page 6 of 15
neutral is presented, it represents that the criteria or guideline has been considered and the
change does not materially advance or detract from compliance. Therefore, a finding of neutral is
not necessarily an indication of a deficiency in the proposed amendments or the existing
standards.
Section 76-2-304, MCA Zoning Regulations Criteria (A-K)
Zoning regulations must be:
A. Be in accordance with a growth policy.
Criterion is met. The proposed amendments are in conformance with the growth policy. As
the growth policy provides a high level vision of how a community hopes to develop over
time, it does not dictate uses or specific standards to the level of detail contained in this
ordinance. However, it does identify issues and priorities for consideration with specific
goals and objectives that are desired outcomes.
The Bozeman Community Plan 2020 (BCP2020), adopted in November 2020, establishes the
City’s policies for growth and regulation of land uses and development. It continues concepts
and community priorities that were established in several prior growth policies. Prior growth
policies encouraged creation of development standards that supported predictable review
processes and addressed areas of community concerns. The BCP2020 includes the following
relevant goals and objectives:
1. Resiliency:
R-1.1 Be reflective: use past experience to inform future decisions.
R-1.7 Be flexible: willingness and ability to adopt alternative strategies in response to
changing circumstances.
R-2.5 Technical Soundness: Identify solutions that reflect best practices that have been
tested and proven to work in similar local or regional contexts.
With the increasing prevalence of short term rentals, the City of Bozeman continues to
monitor and evaluate circumstances in relation to short term rentals. Staff efforts to research,
engage the public, and discuss these issues for consideration and action by elected officials in
2016-2017 and again in 2022-2023 demonstrate a willingness to adopt alternative strategies
in response to changing circumstances. The proposed ordinance has been drafted following
analysis of existing City of Bozeman regulations and consideration of multiple years of
regulating STRs in Bozeman, thus using past experience to inform future decisions.
Additionally, the ordinance is based on extensive research of best practices and case law
from other communities both within and outside the state. Conclusions from these
comparisons were presented in the August 8, 2023 City Commission work session.
2: Housing:
Goal N-3: Promote a diverse supply of quality housing units.
212
23281, Staff Report for Short Term Rentals ZTA, Ordinance 2149 Page 7 of 15
N-3.2: Review zoning districts to assess range of housing types in each district.
N-3.8: Promote the development of “Missing Middle” housing (side by side or stacked
duplex, triplex, live-work, cottage housing, group living, rowhouses/townhouses, etc.) as
one of the most critical components of affordable housing.
The BCP incorporates by reference numerous “special topic plans.” One such plan is the
Community Housing Action Plan (CHAP), adopted in October 2019 and amended in April
2020. The CHAP includes the following relevant ongoing strategies specific to STRs:
Short-term rental regulations: Prohibiting or limiting the use of homes for STR 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
STR; etc); require registration and charge fees; or other options.
Discussion with the City Commission in the August 8, 2023 work session and staff analysis
included consideration of the types of STRs currently allowed in each zoning district. As
instructed by Commission, the proposed ordinance has been drafted to include several
additional restrictions on STRs. Prohibiting Type 3 STRs in all zoning districts is an effort to
increase housing availability for residents in accordance with the BCP housing goals noted
above. Additionally, shifting the Type 1 and 2 requirements from “owner-occupied” to
“primary residence” may create housing opportunities for long-term tenants as hosts of
STRs.
As revealed on page 12 of the Short Term Rental Assessment prepared by EPS which was
included with the agenda packet for the August 8, 2023 Commission work session, 48% of
Type 3 STR’s in Bozeman are “missing middle” housing types such as duplex, townhome,
multifamily, or condo units compared with only 30% of Types 1 and 2. Accordingly,
eliminating Type 3 STRs may free up more “missing middle” housing types for rental or
ownership opportunities as identified in N-3.8 above. However, as STRs occur within
privately owned homes and any decisions regarding whether those homes are ultimately
retained by the owner for occasional vacation use, are sold or are converted to long-term
rentals are up to those individuals alone, any actual changes to housing types or availability
are not possible to predict with certainty.
3. Economic Development:
The BCP also incorporates by reference the November 2016 Economic Development
Strategy Update. While no specific strategies in that document are relevant to this ordinance,
it does generally discuss the tourism industry as a factor in Bozeman’s economy, noting that
it “consists of a very wide range of businesses that benefit from travelers” and “creates many
employment and business opportunities, all of which help sustain and expand the local
economy.”
213
23281, Staff Report for Short Term Rentals ZTA, Ordinance 2149 Page 8 of 15
While prohibiting Type 3 STRs with the proposed ordinance will eliminate some vacation
rentals from the Bozeman lodging market, continuing to allow Type 1 and 2 STRs will lessen
the impact to the tourism industry (compared to a greater impact if all STRs were banned). In
this case, the demand for tourism and the demand for housing are competing factors and the
proposed ordinance attempts to balance both.
No element of the proposed ordinance affects the future land use map as the amendments do
not change land use designations or zoning district boundaries. Therefore, no analysis of
correspondence to the future land use map is provided.
B. Secure safety from fire and other dangers.
Criterion is met. The existing STR regulations require an inspection by the City’s Fire
Department at the time of initial application for an STR hosting permit, and again every 3
years to ensure every short term rental is maintained in compliance with all fire and safety
codes. A self-certification of compliance is required during the in-between years as part of
the annual STR hosting permit renewal. If a permit lapses for any period of time, a new fire
inspection is required upon reapplication for a hosting permit. Additionally, upon evidence of
non-compliance, the City’s Fire Marshal may require a fire inspection as deemed necessary.
The proposed ordinance does not change any of these requirements. All applicable
development standards and building code standards for fire resistance, exiting, and other
protections remain in place. Building and fire codes are designed to protect from fire and
other dangers. Please see response to Criterion C also.
C. Promote public health, public safety, and general welfare.
Criterion is met. The existing standards addressing this criterion remain in place and are
unaffected by the proposed ordinance. These existing standards generally apply at the time of
land development or building construction and include but are not limited to provision of
water and sewer services, floodplain protection, and development standards that ensure
adequate light and air such as building setbacks, height and bulk standards. Additionally as
discussed in Criterion B above, building and fire codes require a number of public safety
protections and adequate access for emergency vehicles. In addition to the fire inspection
required prior to STR hosting permit approval and issuance, the Health Department’s
implementation of state law requires a public accommodation license for all STRs. A public
accommodation license requires an inspection from a local sanitarian which addresses health
and safety standards applicable to STRs per Montana Code Annotated § 50-51-301. Any
structure which does not pass these inspections will not be granted a STR permit. The City
continues to coordinate its review process for STRs with the Health Department to ensure
that all required inspections have been passed prior to approval of an STR.
Additional standards within the BMC remain unchanged by this ordinance; including a
previously adopted noise ordinance to ensure adequate public safety and a healthy
environment. Applicable noise standards are in Chapter 16, article 6, and are further
214
23281, Staff Report for Short Term Rentals ZTA, Ordinance 2149 Page 9 of 15
emphasized as applicable to operation of STRs in existing provisions related to noise
contained within Sec 38.360.260.I which are carried forward in the proposed ordinance. See
also responses to Criteria B and D.
D. Facilitate the adequate provision of transportation, water, sewerage, schools, parks
and other public requirements.
Criterion is met. Standards for the provision of transportation, water, sewerage, schools,
parks, and other public requirements are not being altered with this ordinance. STRs are the
use of an existing dwelling within a residential or non-residential zoning district. All
dwellings must demonstrate adequacy of services at the time of site-specific development
review. The use of a residence as a STR does not materially change the primary use of the
property, demand for services, or the physical characteristics of the residential use as it
applies to this criterion. Therefore, any proposed STR has previously demonstrated
compliance with public requirements when the dwelling unit was built. Additionally, billing
for sewer or water consumption will follow standard practice and offset public expenses.
The city shall also consider:
E. Reasonable provision of adequate light and air.
Criterion is met. The proposed ordinance does not impact basic standards for setbacks,
maximum building height, dedication of parks, on-site open spaces, or similar standards; all
of which were deemed compliant with this criterion when they were originally adopted. The
City’s development standards and building code ensure adequate provision of light and air
through window and air circulation/venting provisions, as well as building setbacks and
height limits, all of which apply at the time of building permit review and construction. The
maximum occupancy standards for each STR type remain (Sec. 38.360.260.I.3 & 4) in order
to limit excessive occupancy within a residence. Considering the code as a whole, this
criterion continues to be met.
F. The effect on motorized and non-motorized transportation systems.
Criterion is met. The proposed ordinance does not impact basic standards for parking,
sidewalks, dedication of right of way, provision of and construction of streets, or similar
standards which were all deemed compliant with this criterion when they were originally
adopted. Transportation impacts and parking compliance are addressed at the time of site-
specific development review through an associated planning application and/or building
permitting process. During the application process for a STR hosting permit, the number of
provided off-street parking spaces available for guests’ use must be demonstrated.
Considering the code as a whole, this criterion continues to be met.
215
23281, Staff Report for Short Term Rentals ZTA, Ordinance 2149 Page 10 of 15
G. Promotion of compatible urban growth.
Criterion is met. A short term rental is a secondary use of a previously approved dwelling.
Any zoning district that allows homes has been reviewed and found to be consistent with this
criterion at the time of zoning map adoption. The proposed ordinance does not change
density, building heights, or any development standard which would relate to urban growth
within the City nor impede on the expansion of the City through urban development
practices. Existing standards have been adopted by the City to identify and avoid or mitigate
demonstrable negative impacts of urban growth within the applicable subdivision review
processes, site plan applications, and/or building permitting processes. Therefore,
considering the code as a whole, this criterion continues to be met.
H. Character of the district.
Criterion is met. All zoning districts provide for a variety of uses which vary by intensity
dependent upon the intention of the district. No single use defines the entirety of any zoning
district. Residences, in some form, are a principal use within all residential zoning districts.
Within commercial, mixed use, and industrial zoning districts, residential uses may be a
principal, special or accessory use. Short term rentals (STRs) were previously determined to
be consistent with the overall character of each district they were originally allowed in at the
time of the adoption of Ordinance 1974.
Structures that contain a STR must abide by the same physical standards for setbacks,
building heights, lot coverage and other development standards which apply in each zoning
district at the time of building permit review and construction. Use of a dwelling unit as a
STR does not change the permanent external appearance of the home, and every STR is
required to comply with a number of operational standards contained in Sec 38.360.260.I of
the existing and proposed STR regulations, which ensure STRs continue to operate in a
manner that is compatible with the zoning district it is located within. The proposed
ordinance does not materially alter this section aside from changing terminology and
removing Type 3. These operational standards include a maximum occupancy for STRs,
prohibit exterior signage advertising the rental, and require STR hosts to designate a person
responsible for addressing maintenance, nuisance and safety concerns, responding to
complaints and ensuring proper disposal of trash. Hosts must also ensure use of the STR by
guests is in compliance with all noise and nuisance provisions in Bozeman Municipal Code,
and are required to establish a list of rules for guests including a prohibition against loud
noise disturbances and requiring that all outdoors activities producing noise discernible from
a neighboring property cease by 10:00pm. Considering the code as a whole along with the
proposed amendments, this criterion continues to be met.
I. Peculiar suitability for particular uses.
Criterion is met. A short term rental is the use of an existing dwelling unit within a zoning
district where such a dwelling is currently allowed by the code. Allowances for various types
216
23281, Staff Report for Short Term Rentals ZTA, Ordinance 2149 Page 11 of 15
of residential uses within each zoning district were previously considered to be compliant
with this criterion. Allowance for three types of STRs within various zoning districts was
previously considered to be compliant with this criterion at the time of the adoption of
Ordinance 1974. The proposed ordinance eliminates one category of STRs (Type 3), and
divides Type 2 into two categories, but does not alter which zoning districts Types 1, 2A and
2B are allowed to occur within. All other land uses allowed within zoning districts remain
unchanged by this ordinance. Therefore this criterion continues to be met.
J. Conserving the value of buildings.
Criterion is met. The proposed ordinance eliminates one category of STRs (Type 3), but
continues to allow other land uses within zoning districts without any amendment to other land
use allowances. For example, all residential districts continue to allow a variety of residential
land uses as before. Commercial districts continue to allow a variety of commercial land uses
(and in some cases, also residential uses) as before and mixed use districts continue to allow a
mix of uses. Allowing typical land uses within appropriate zoning districts (as previously
determined at the time of zoning text adoption to be compliant with this criterion) gives
consideration to conserving land and building value.
Additionally, this ordinance does not alter the standards for building location, size, height,
appearance or other physical development standards. The existing and proposed standards for
STRs offset or prevent any physical effects of their use. Adequate services such as parking and
utilities must be provided prior to approval of a building permit for the underlying dwelling
unit when constructed. Considering the code as a whole, this criterion continues to be met.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion is met. The zoning map and future land use map of the growth policy identify areas
where specific land uses are generally appropriate, and were previously found to be
compliant with this criterion at the time of land use plan and zoning map and text adoption.
The use of a dwelling as a STR has also been previously found to be an appropriate use in the
districts where currently allowed (at the time of adoption of Ordinance 1974) and has similar
impacts to other uses allowed in the zoning districts, with appropriate mitigating measures
identified in code, as outlined in Criterion H. The proposed ordinance eliminates one
category of STRs (Type 3), and divides Type 2 into two categories, but does not alter which
zoning districts Types 1, 2A and 2B are allowed to occur within. All other land uses allowed
within zoning districts remain unchanged by this ordinance.
As neither the zoning map or the future land use map authorize construction of residences,
the existing site specific development processes serve to evaluate the appropriateness of a use
of land in this regard and ensure the use conforms to the necessary development standards.
These standards will continue to be required, therefore, if a dwelling has not already been
approved and deemed appropriate for an area, a STR will not be allowed under this
217
23281, Staff Report for Short Term Rentals ZTA, Ordinance 2149 Page 12 of 15
ordinance. Considering the code as a whole along with the proposed amendments, this
criterion continues to be met.
APPENDIX A - DETAILED BACKGROUND AND PROJECT
DESCRIPTION
Starting in July 2016, The Bozeman City Commission began considering issues related to
short term rentals (STRs) within the community. This ultimately led to the adoption of
Ordinance 1974. These standards set forth where STRs are allowed to locate based on type,
required STR hosts to register their rental with the City of Bozeman (City) prior to operation,
and to submit annual renewals. Since the adoption of these provisions, the prevalence of
STRs has increased, and the City Commission has received public comments regarding STRs
from residents, primarily expressing concerns related to how STRs may or may not affect
long-term rental availability in Bozeman.
In an effort to balance these factors among other housing concerns, the City Commission
approved the Bozeman Community Housing Action Plan in November 2019, with
amendments in April 2020. This Action Plan recommends on-going evaluation of regulatory
policies related to STRs. Based on these recommendations, the City Commission held a work
session on August 9, 2022 to discuss short term rentals. Within this work session, the
Commission directed staff to update STR regulations in two phases. The first phase included
drafting an “Affirmative Obligations” ordinance regulating short term rental hosting
platforms as one measure to increase compliance with existing regulations and to require
regular reporting to improve the City’s data. The second phase was to include analysis of
STR types and where they are allowed.
Following public outreach involving a focus group with local STR hosts and property
managers in January 2023 and a meeting between several City Commissioners and Bozeman
Tenants United in February 2023, staff conducted extensive research of other cities’
regulations and recent case law. Additionally, staff monitored several bills relating to STRs
which were under consideration by the Montana State Legislature. Once the legislative
session concluded in May 2023 and none of the STR related bills passed, staff prepared
Ordinance 2131, Affirmative Obligations, to complete phase one of Commission’s instructed
STR updates. This ordinance was adopted by the Commission on July 11, 2023 and became
effective August 11, 2023. Ordinance 2131 included the following changes to Section
38.360.260 of the Bozeman Municipal Code (BMC):
1) STR registration now called STR hosting permit.
2) Fire safety inspection now required every 3 years.
3) Hosts must notify the city of all hosting platforms their STR is listed on, as part of their
STR hosting permit application and annual renewals.
218
23281, Staff Report for Short Term Rentals ZTA, Ordinance 2149 Page 13 of 15
4) The city STR hosting permit number must be listed on all hosting platform listings.
5) Hosting platforms must ensure the city permit number is listed for all STRs in Bozeman
and remove non-compliant listings within ten business days.
6) Hosting platforms must comply with all applicable local, state and federal laws.
7) Hosting platforms must submit quarterly data reports to the city including the address of
each STR located in the city for which it conducts a booking transaction, and the name of
any owner or responsible person (host) for each STR.
8) Administrative, violation and enforcement changes aimed at improving enforcement.
The second phase requested in Commission’s 2022 work session was analysis of STR types
and where they are allowed. The City engaged the services of Economic & Planning Systems
(EPS) to audit existing STR data and evaluate STRs’ role in Bozeman’s housing market and
tourism economy. A summary report of EPS’s findings is attached to the agenda packet for
the City Commission work session held August 8, 2023. At that meeting, staff also presented
a summary of existing STR regulations, a comparative analysis of other cities’ STR
regulations, and potential policy options for consideration.
Leading up to and during the August 8, 2023 work session, the City Commission received
extensive public comments on both sides of the issues. STR owners, property managers and
realtors expressed how banning certain types of STRs would impact individual and family
finances and the local tourism economy, and their opinions of the low likelihood such units
would become affordable long-term rental housing. In contrast, Bozeman Tenants United
members spoke about personal experiences with rent increases, financial challenges and
renter displacement, while urging Commissioners to ban Type 2 and 3 STR’s and to create an
incentive program for converting STRs to long-term rentals. Following discussion, the
Commission directed staff to prepare an ordinance including the following elements:
Prohibit Type 3 STRs city-wide;
Divide Type 2 into 2A (primary residence) and 2B (ADU or one unit in a duplex,
triplex, or fourplex);
Shift terminology from “owner-occupied” to “primary residence;”
Increase residency requirement from 50% to 70% of the year to qualify as primary
residence; and
Look into the possibility of sun-setting grandfathered Type 3’s.
The attached ordinance includes all of the above listed elements, along with associated
terminology, definitions and use table adjustments to Section 38.360.260 of the Bozeman
Municipal Code.
219
23281, Staff Report for Short Term Rentals ZTA, Ordinance 2149 Page 14 of 15
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was
published in the Bozeman Daily Chronicle on 9/9/2023 and 9/23/2023. These notices contain
all required elements. Notice was provided at least 15 days before the public hearing
conducted by the Community Development Board in their capacity as the Zoning
Commission, and not more than 45 days prior to the City Commission public hearing.
Hearing dates are on the first page of this report.
As of the writing of this report, 15 written public comments have been received regarding
this ordinance on or after the date of the public notice on 9/9/2023. Additionally, 57 written
public comments relating to STRs were received leading up to the August 8, 2023 City
Commission work session and 12 were received after, bringing the total of written public
comments received on this topic to 84. All comments are available through the Laserfiche
archive, both within the Ordinance 2149 folder and within the main Short Term Rentals
folder. If additional comments are received after writing this report, they will also be placed
in Laserfiche.
Dominant themes included in the 84 written public comments are as follows:
71 commenters opposed banning Type 3 STRs, emphasizing:
o Banning STRs of any type infringes on private property rights, will impact
tourism and affect family finances.
o Hosts of Type 3 STRs stating they will not rent their home long-term if a ban
is passed. Reasons include but are not limited to: desire to continue using part
of the year as a vacation home, not willing to be a landlord, would be unable
to make ends meet without STR income, or if they rented long-term the rent
would have to be too high to cover their expenses and thus not affordable for a
local tenant.
6 comments supported a Type 3 ban as a way to make real estate speculation by non-
residents less attractive, prioritize providing housing for local residents and help with
the affordable housing crisis.
Dominant themes included in the 41 oral public comments at the August 8, 2023 City
Commission work session were as follows:
18 Bozeman Tenants United members urged the Commission to ban Type 3 and Type
2 STRs, expressing their experiences with rising rents, financial difficulties and
tenant displacement. They also asked the Commission to use Affordable Housing
funds to create an incentive program to convert STRs to long-term rentals.
22 Hosts, realtors, property managers, hosting platforms and other interested
individuals expressed opposition to any type of STR ban, emphasizing private
property rights, impacts to household finances, and individual reasons for operating
an STR such as investment, retirement planning, and family situations. They
220
23281, Staff Report for Short Term Rentals ZTA, Ordinance 2149 Page 15 of 15
highlighted the role of STRs in providing lodging for traveling nurses, people visiting
family or attending graduations, and tourists who need more space or a kitchen. Many
of these individuals also expressed confidence that any type of STR ban will not
result in creation of affordable long-term rental units, and will damage the local
economy and small businesses.
The HRDC Housing Director referenced both sides of the topic: a housing inventory
issue, rising costs and increasing demand for nightly shelter, while also noting that
STR income can help homeowners keep their homes. He discouraged the creation of
an incentive program in favor of continuing to create long-term affordability using
existing affordable housing incentives.
Oral public comments received at the October 2, 2023 Community Development Board
meeting primarily opposed banning Type 3 STRs. Of a total of 19 commenters, 16
discouraged a Type 3 ban, comprised of hosts, property managers, one hosting platform and
several individuals who did not identify an affiliation. These commenters spoke of reasons
for operating an STR, the benefits they provide to the community and economy, and
importance for household finances. 3 commenters spoke in support of a Type 3 ban, citing
neighborhood and community impacts of STRs and empty vacation homes, concerns about
the affordable housing crisis, and urging the Board to support the ordinance as a means to
prioritize providing housing for local residents.
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman, MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman, MT 59771
Report By: Erin George, Deputy Director of Community Development
FISCAL EFFECTS
The proposed prohibition of Type 3 short term rentals in all zoning districts would result in a
decrease in annual STR permit fee revenues, which currently go towards staff time used to
review such permits and the annual cost of STR software.
ATTACHMENTS
The full file of record can be viewed at the Community Development Department at 20 E.
Olive Street, Bozeman, MT 59715.
Attachment 1: Draft Ordinance 2149
221
Page 1 of 17
ORDINANCE 2149
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA TO GENERALLY REVISE BOZEMAN MUNICIPAL CODE RELATED
TO SHORT TERM RENTALS INCLUDING GENERALLY REVISING SECTION
38.360.260 – SHORT TERM RENTALS INCLUDING: DISCONTINUING AND
PROHIBITING TYPE 3 SHORT TERM RENTALS AS AN AUTHORIZED USE IN ANY
ZONING DISTRICT; CREATING DEFINITIONS OF “HOST” AND “PRIMARY
RESIDENCE,” WHICH REQUIRES A PERSON TO OCCUPY A DWELLING UNIT FOR
SEVENTY PERCENT OF THE CALENDAR YEAR; CREATING NEW CATEGORIES
AND REGULATIONS FOR TYPE 2 SHORT TERM RENTALS; AMENDING LAND USE
TABLES 38.310.030.B AND 38.310.040.B TO IDENTIFY SHORT TERM RENTALS AS
AN ACCESSORY USE; AND AMENDING THE DEFINITIONS OF “DWELLING” AND
“SHORT TERM RENTAL” IN BOZEMAN MUNICIPAL CODE DIVISION 38.700.
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, in addition to authority to regulate
short term rental conferred upon it by the State of Montana, the City of Bozeman hereby relies
upon its self-government powers; and
WHEREAS, after proper notice, the Community Development Board in their capacity as
Bozeman Zoning Commission held a public hearing on October 2, 2023 to receive and review all
written and oral testimony on this proposed ordinance; and
WHEREAS, the Community Development Board acting in their capacity as the Bozeman
Zoning Commission recommended to the Bozeman City Commission that Ordinance 2149 be
approved as proposed; and
WHEREAS, after proper notice, the City Commission held its public hearing on October
222
Page 2 of 17
17, 2023 to receive and review all written and oral testimony on the proposed amendment to the
City’s short term rental regulations; and
WHEREAS, the City Commission has reviewed and considered the applicable amendment
criteria established in Montana Code Annotated § 76-2-304, and found the proposed amendments
are in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The Montana Constitution, Article XI, § 4(2), states the powers of incorporated cities, which
shall be liberally construed, 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 and 76-2-
304.
3. 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; requiring a host to obtain approval from the City prior to using property as
a short-term rental and authorizing the city to charge fees, and other options.
4. 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 home 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, and to require regular
reporting to obtain more information about short term rentals in Bozeman. Ordinance 2131 was
adopted in response and became effective on August 11, 2023.
5. On August 8, 2023, the Bozeman City Commission held another work session to discuss short
223
Page 3 of 17
term rentals and their influence on the local housing market and home affordability. The City
desires to preserve its available housing stock and the quality of life in its residential
neighborhoods and to alleviate the impacts to residential neighborhoods caused by the operation
of short term rentals. The short term rental of a person’s primary residence does not displace the
primary resident from the dwelling unit and does not cause as significant a removal of existing
housing stock from the market or as negative an impact to the available housing stock. Therefore,
the City Commission directed staff to draft an ordinance restricting the types of short term rentals
allowed within the City of Bozeman, increasing the amount of time a person must occupy their
primary residence to be allowed to offer the residence as a short term rental, and regulate the short
term rental of accessory dwelling units on the same lot or dwellings in the same building as a host’s
primary residence (e.g. duplex, triplex, fourplex, and apartment buildings).
6. City staff prepared a report with this Ordinance analyzing the required criteria for an
amendment to the City’s regulations for zoning review, including the amendment’s accordance
with the Bozeman Community Plan 2020, and found that the required criteria of Montana Code
Annotated § 76-1-304 are satisfied.
7. The City Commission determines this Ordinance provides a proper balance of interests, rights,
and responsibilities of all parties affected by the ordinance and substantially complies with the
Bozeman Community Plan 2020 and complies with all applicable State criteria for adoption of
zoning regulations.
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 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 section apply to transient occupancy of a short term rental as
defined herein.
2. This 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).
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
224
Page 4 of 17
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.
2. “Host” means a natural person who occupies a dwelling unit as the person’s primary
residence and has the legal right to offer the dwelling unit for use as a short term rental.
32. "Hosting platform" means a person or entity that 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 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.
3. "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.
4. "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, operation of," or "operating a short term rental" means the short term rental has
been rented by or on behalf of the host owner to the general public for compensation for
transient occupancy. "Operate" "operation of" or "operating" a short term rental does not
include mere advertisement of or offering to rent short term rental(s).
5. “Primary residence” means the dwelling unit a natural person occupies for a minimum of
seventy percent of the calendar year. A natural person can have only one primary
residence.
6. "Responsible person" means the person responsible for addressing all maintenance,
nuisance, and safety concerns related to a short term rental, as designated by the host.
7. "Short term rental is defined in article 7 of this chapter."
8. "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 person(s) occupying the short term rental renter has a primary principal
residence other than the short term rental.
D. Short term rental classifications. Short terms rentals are classified as:
225
Page 5 of 17
1. Type-1: A short term rental of one or more bedrooms in an owner-occupied dwelling a
host’s primary residence while the host owner is occupying the same dwelling unit for the
entire short term rental period.
2. Type-2: A Type-2 short term rental is the short term rental of a dwelling unit if the host is
not occupying the dwelling unit during the entire short term rental period. Type 2 short
term rentals include:
a. Type-2A: A short term rental of an owner-occupied a single household dwelling unit
if the host owner is not occupying the dwelling unit during the entire short term
rental period. The dwelling unit offered as a short term rental must be the host’s
primary residence, as defined herein.
b. Type-2B: A short term rental of an permitted accessory dwelling unit (ADU) on the
same lot as the host’s primary residence, or a short term rental of no more than one
additional dwelling unit in the same building as the host’s primary residence
regardless of whether or not the ADU's owner host is present in the primary dwelling
unit host’s primary residence during the short term 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 host may operate a short term rental in all zoning districts where
such use is authorized in chapter 38 subject to the requirements of this chapter and pursuant to
a valid and current short term rental hosting permit.
F. Compliance with laws.
1. In addition to the provisions of this chapter, the short term rental owner a host 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
hosting permit in accordance with subsection J. of this section.
2. Compliance with all applicable laws and regulations is the sole responsibility of the host
owner. City approval of an application for a short term rental hosting permit registration
in no way waives or transfers to the city such responsibility. In addition, the owner host 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 permit fees and will issue permits and renewals
thereof in the name of the city to all persons qualified under the provisions of this 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 section, including, but not limited to,
providing alternative means to comply with hosting platform reporting requirements of
226
Page 6 of 17
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 permit as prescribed herein.
5. Examine records. The director may examine the books and records of any host applicant
when reasonably necessary to the administration and enforcement of this 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 permit and at the applicant's
request, state in writing the reasons for the denial and deliver it to the applicant.
7. Record keeping. The director will maintain at all times a record of permitted short term
rentals, including the full name of each host permittee, the address at which such short
term rental is operated, the date of issuance, the fee paid therefor, the telephone and
address of the host applicant, and the time such permit will continue in effect.
H. Hosting Permits. The following requirements apply to all short term rentals hosting 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 short term rental hosting permit with the
department of community development. A separate permit 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 hosting 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-2A, or Type-2B3) during the 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.
227
Page 7 of 17
d. Certification the short term rental meets and will continue to meet the definition of
short term rental classification (Type-1, Type-2A, or Type-2B3) during the
registration term.
e. For Type-2 and Type-3 short term rentals, c Certification the applicant has read, and
understood understands, and acknowledges the standards in subsection I. of this
section, and the property applied for meets the standards is the applicant’s primary
residence, and the applicant has the legal right to offer the dwelling unit for use as a
short term rental.
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.
fg. All hosting platforms on which the short term rental is listed.
gh. The permit fee and fire inspection fee.
3. Safety inspections.
a. Initial inspection. Prior to issuance of the first short term rental hosting 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
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 hosting permit lapses for any period of time, upon reapplication for
a permit an inspection must be completed and signed off as described in this
subsection before the short term rental hosting 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 fee 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 host 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 at any time upon complaint or evidence of
noncompliance.
4. Safety hazards. The host 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 short term rental is causing or contributing to an
imminent public health or safety hazard.
5. Fees. Short term rental hosting permit and inspection fees shall be established by
resolution of the city commission.
6. Issuance of 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 short term rental
meets all city requirements for permit. The director may issue the short term rental
hosting permit when:
228
Page 8 of 17
a. The director determines the short term rental meets all city requirements for 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 MCA Title
50, Chapter 51.
7. Display of short term rental hosting permit registration number. The host owner must
include the short term rental hosting permit number issued by the city in all listings and
advertisements, of the host’s owner's short term rental on any hosting platform and print
advertising.
8. Change in status of host ownership. A short term rental hosting permit does not run with
the land, and a change in ownership primary residence status of the short term rental host
terminates the permit. In order for the dwelling unit to remain eligible for use as a short
term rental after a host no longer uses the dwelling unit as their primary residence, a new
application identifying a new host as primary resident must be submitted to the city.
9. Expiration. Permits issued pursuant to this section are valid for one year from the month
in which such permit is issued and will expire automatically unless renewed in
accordance with this section.
10. Renewal. The host registrant may apply to renew the 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 host to renew a permit results
in the termination of the lawful use of a property as a short term rental. It is the host’s
permitee's responsibility to renew the short term rental hosting permit prior to the
expiration of the permit. Failure of an applicant a host to renew a short term rental
hosting permit prior to the expiration of the current permit period requires the host
applicant to file a new permit application for a short term rental hosting permit 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 guests renters of their agreement to comply with such
rules.
b. The list of rules must include those rules required by this section to be included.
c. The list of rules must be prominently displayed within the short term rental.
2. Responsible person. The host 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, seven days per week during the registration
229
Page 9 of 17
term of the short term rental hosting permit. 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 hosting
permit 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. 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 host 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 this 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.
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 host owner or responsible person for each transient occupancy for
which the hosting platform conducted a booking transaction.
230
Page 10 of 17
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 a host’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.
K. Violations; enforcement.
1. Registration suspension or revocation. The director may suspend or revoke a short term
rental hosting permit, impose administrative remedies as provided herein, or enforce a
suspension or revocation through a civil action when the host permittee commits one or
more of the following acts or omissions:
a. Failure to comply with any provision of this 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 permit by fraud or misrepresentation, including but not limited
to supplying false or incorrect information on the permit application.
2. Procedure. Should the director decide to suspend or revoke a hosting permit, the host
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 host permittee will be notified in writing by the director at least seven days prior
to the action contemplated and the reasons therefore.
b. Upon receipt of the notice, the host 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 host’s permittee's receipt of the notice. Failure on the part of the
permittee to request in writing a meeting and within the specified time period shall
be a waiver of the host’s permittee's right to a meeting.
c. If a meeting is requested by the host permittee, the director will set a time, date and
place and will so notify the host 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 host 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 host permittee of the findings and decision in writing.
231
Page 11 of 17
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 a host 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.
4. Appeal. An aggrieved person may file an application to appeal the matter to the city
commission according to the procedures in section 38.250.030.
5. Unpaid fee constitutes debt. The amount of any unpaid fee, the payment of which is
required hereunder, constitutes a debt due the city.
6. 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
That section 38.310.030. Authorized uses—Residential zoning districts be amended as follows:
Table 38.310.030.B
Permitted accessory and non-residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the
subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the
footnotes immediately following the table.
Uses Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
Accessory uses
Essential services
Type I*
A A A A A A A A
Guest house* A A A A A A A —
Home-based
businesses
(38.360.150)*
A/S A/S A/S A/S A/S A/S A/S A/S
Other buildings and
structures typically
accessory to
authorized uses
A A A A A A A A
232
Page 12 of 17
Private or jointly
owned recreational
facilities
A A A A A A A A
Signs*, subject to
article 5 of this
chapter
A A A A A A A A
Temporary buildings
and yards incidental
to construction work
A A A A A A A A
Temporary sales and
office buildings
A A A A A A A A
Non-residential uses
Agricultural uses*
on 2.5 acres or more
(38.360.270)
P — — — — — — —
Agricultural uses* on
less than 2.5 acres
(38.360.270)
S — — — — — — —
Bed and breakfast* S S S S P P P —
Commercial stable
(38.360.230)
S — — — — — — —
Community centers* S S S S S S P S
Day care centers* S S S P P P P S
Essential services
Type II*
P P P P P P P P
Essential services
Type III*2
S S S S S S S S
Short Term Rental
(Type 1)*
P A PA PA PA PA PA PA —
Short Term Rental
(Type 2)*
— — P A P A P A P A P A —
Short Term Rental
(Type 3)*
— — — — — — — —
General service
establishment*
— — — — — — P5 —
Golf courses S S — — — — — —
Offices* — — — — S3 S3 P —
Public and private
parks
P P P P P P P P
Medical offices,
clinics, and centers*
— — — — S S3 P —
Recreational vehicle
parks (38.360.210)*
S — — — — — — P
Restaurant* — — — — — P4 P5, 6 —
Retail* — — — — — P4 P5, 6 —
Veterinary uses S — — — — — — —
233
Page 13 of 17
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the
underlying growth policy land use designation. Where the district lies over a residential growth policy
designation the primary use shall be non-office uses; where the district lies over a non-residential
designation the primary use shall be office and other non-residential uses. Primary use shall be measured by
percentage of building floor area.
2. Only allowed when service may not be provided from an alternative site or a less intensive installation or
set of installations.
3. Only when in conjunction with dwellings.
4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street corner sites
within a mixed-use building featuring residential units next to and/or above subject uses.
5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant.
6. These uses may not include drive-through facilities.
Section 4
That section 38.310.040 be amended as follows:
Table 38.310.040.B
Permitted services and temporary lodging uses in commercial, mixed-use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code
section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the
footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable
development conditions.
5. Where a number with a "sf" reference appears below a P or S in the box, it means that the use is permitted or
conditionally permitted up to the (maximum) listed square footage in gross building area.
Uses Zoning Districts
Commercial Mixed Use Industrial PLI
B
-
11
B-2 B-2M B-3 UMU
(38.310.050)
REMU
(38.310.060)
NEHMU2 BP M-1 M-2
Personal and general service
Animal
shelters
— — — — — — S — S S —
Automobile
washing
establishment*
— P P P S S P — P P —
234
Page 14 of 17
Daycare—
Family, group,
or center*
P P P P3 P P P/A4 P/A
4
S/A
4
S/A4 P
General
service
establishment*
P P P P P P P P P S —
Health and
exercise
establishments
*
P P P P P P P S/A
4
P P —
Heavy service
establishment*
— P P S P S P — P P —
Medical and
dental offices,
clinics and
centers*
P P P P3 P P P P P P —
Mortuary — S S S S — — — — — —
Offices* P P P P3 P P P P5 P P —
Personal and
convenience
services*
P P P P P P A A A A —
Truck repair,
washing, and
fueling
services
— — — — — — S — S P —
Temporary lodging
Bed and
breakfast*
— — — — — P S — — — —
Short Term
Rental (Type
1)*
— PA P A P A P A P A P A — — — —
Short Term
Rental (Type
2)*
— P A P A P A P A P A P A — — — —
Short Term
Rental (Type
3)*
— P P P P P — — — — —
Hotel or motel* — P P P P P
40,000sf
P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in this
table).
235
Page 15 of 17
3. Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to
Rouse Avenue and from the alley one-half block north of Main Street to the alley one-half block south of Main Street) unless visitor
access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front
building façade adjacent to a street.
4. If primarily offering services to a single business or group of businesses within the same building or building complex.
5. Professional and business offices only.
Section 5
That section 38.700.050. – D definitions be amended as follows:
Dwelling. A building, or portion thereof, meeting the requirements of the city’s adopted
International Building Code and used by one household, as defined by this article, for residential
purposes. Dwellings may exist in many configurations, including single-household, two-
household, multiple-household dwellings and group homes. Dwellings do not include hotels, or
motels, Type-3 short term rentals as defined in section 38.360.260.
Section 6
That section 38.700.170. – S definitions be amended as follows:
Short Term Rental. A vacation home, tourist home as defined in MCA 50-51-102, a dwelling
as defined in section 38.700.050, accessory dwelling unit, or room within a vacation home or
dwelling, which is rented by or on behalf of the owner to the general public for compensation
for transient occupancy as provided for in section 38.360.260.
Section 7
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 8
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 9
Severability.
236
Page 16 of 17
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 10
Codification.
This Ordinance shall be codified as indicated in Sections 2 through 6.
Section 11
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 day of , 20 .
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
, 20 . The effective date of this ordinance is , , 20 .
CYNTHIA L. ANDRUS
Mayor
ATTEST:
237
Ordinance No. 2149, (Generally Revise Regulations of Short Term Rentals)
Ordinance 2149
Page 17 of 17
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
GREG SULLIVAN
City Attorney
238
Memorandum
REPORT TO:City Commission
FROM:Dani Hess, Community Engagement Coordinator
Nakeisha Lyon, Associate Planner
Kristen Newman, Belonging in Bozeman Community Liaison
Chace McNinch, Belonging in Bozeman Community Liaison
Jhenniffer Cifuentes, Belonging in Bozeman Community Liaison
SUBJECT:Belonging in Bozeman Plan Work Session
MEETING DATE:October 17, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Listen to presentation, ask questions, provide guidance on the work session
questions.
STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity
through policies and public awareness.
BACKGROUND: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.
This work session provides an update to the City Commission on the
development of the Equity & Inclusion Plan, feedback received from the
recent Community Chats, and an opportunity for the Commission to provide
their feedback on the draft goals and recommendations within the plan that
have evolved since our last work session with the Economic Vitality Board on
August 3rd, and October 4th. These goals and recommendations continue to
align with the Equity Indicators Report, CEDAW Report and
Recommendations, and the vision statements that will guide the plan.
Over the past two months, staff has also met with leadership from city
departments and partner organizations to evaluate the goals and
recommendations that related to their work. City departments and partner
organizations provided their feedback on any existing efforts or plans that
align or conflict with the proposed goals and recommendations, the
239
feasibility of each goal and recommendation over the next 3-5 years, and
what resources are needed to implement recommendations and achieve the
goals. Please see the attached goals and recommendations worksheet for
your review.
The following criteria for developing goals and recommendations were used:
Target a gap: Addresses equity indicators data and or
recommendations or an emerging issue in the community.
Prioritize basic needs: We are working from the assumption that if
people have their basic needs met (housing, transportation, health,
stable income, community support), they are able to make choices and
take advantage of resources that allow them to reach their full
potential.
Advance partnerships: Prioritizes new or strengthens existing
partnerships to ensure coordination with local experts, community,
and ongoing efforts with partner organizations.
Address internal city policy or practice: Recognizes that change in our
community starts with change at the individual and organizational
level.
These goals and recommendations are shaped by community priorities and
people with lived experience and expertise in the issues the plan seeks to
address. The goals and recommendations were then shared with many of
the organizations whose work is reflected in the draft goals and
recommendations. Feedback was provided by leadership and staff within
these organizations to hone in the language and strike the right balance
between continuing commitments to efforts that are already underway,
building upon these efforts to bring an equity lens to existing work and
service delivery, and introducing new policy, programs, partnerships, and
approaches to address community needs.
Staff is seeking feedback on the draft goals and recommendations from the
City Commission on the following questions:
Are we striking the right balance between achievable and aspirational?
As we partner with community organizations for this work, who else is
missing from this conversation?
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As directed by City Commission.
FISCAL EFFECTS:Funding for this effort has been approved in the City Manager's FY24
budget.
Attachments:
BiB Goals and Recommendations 10-11-2023.pdf
240
Report compiled on: October 4, 2023
241
1
Goals and Recommendations Workbook
TABLE OF CONTENTS
HOUSING......................................................................................................................................................................................................2
TRANSPORTATION...................................................................................................................................................................................5
HEALTH &WELLBEING............................................................................................................................................................................8
EDUCATION...............................................................................................................................................................................................10
CHILDCARE +YOUTH PROGRAMMING......................................................................................................................................12
ECONOMIC SECURITY.........................................................................................................................................................................14
COMMUNITY RESILIENCY...................................................................................................................................................................16
COMMUNITY SAFETY +CIVIC HEALTH.......................................................................................................................................18
242
2
HOUSING
Housing is available,affordable,accessible,and safe.
GOAL RECOMMENDATIONS
1.Develop a coordinated
strategy to address
homelessness in the
Bozeman area
1.Identify and prioritize Housing First approaches to address housing instability and
homelessness
2.Support partner organizations by funding transitional and emergency housing
initiatives and programs
3.Work with partners to leverage creative funding mechanisms,incentives,existing
assets to increase long term affordable housing supply and housing preservation for
people earning below 60%of AMI (Federal funding,LIHTC,TIF,Community Land Trusts,
Community Housing Fund,land banking,city-owned land etc.)
2.Reduce displacement
of residents who work
and go to school in
Bozeman but cannot
afford to live in
Bozeman
1.Evaluate city employee housing cost burden and benefits related to housing
assistance
2.Partner with organizations to create ways to fund property tax assistance and rental
assistance programs,for example:
●Dedicated mills
●Sales tax
●Circuit breaker in the 70th MT Legislative session to target relief to homeowners on a
fixed income and renters
3.Convene local partners to explore the potential for co-operative housing models.
243
3
4.Strengthen coordination with MSU and partnerships with the Office of Off Campus
Student Life and student housing developers and property management companies
3.Promote aging in place
and universally
accessible residential
development
1.Conduct educational workshops for design,construction,and real estate professionals
on universal design practices for aging in place and adaptable dwellings within
residential developments.
2.Codify development incentives for design that enables aging in place and universal
accessibility beyond the requirements of the building code,for example:
A.Establish requirements for the number of adaptable units in developments that
utilize city Community Housing Funds.
B.Amend division 38.430 of the UDC to include an option in the novel public benefits
section to include universal design best practices and incentives for elevators in
multistory buildings
4.Increase community
knowledge in housing
issues
1.Host workshops on the Montana Tenant Act and Fair Housing Act for landlords and
tenants,becoming a Housing Choice Voucher Landlord,Resident-owned community
models,and Limited Equity Housing Co-operative models
244
4
2.Develop and distribute materials to support understanding of community housing
approaches,programs,and terms such as:
●Area Median Income and how affordability in housing development is defined
●Housing subsidy and financing programs and terms such as LIHTC,TIF,deed
restrictions,etc.
●Issues around local control,state legislation,and local incentive strategies –what
can and can’t we do at the local level and why?
●Rental,mortgage,and down payment assistance programs
●Short term rental regulations
●Urban camping regulations
5.Lobby for local housing
solutions at the state
legislature
1.Advocate for access to housing assistance programs for all residents regardless of
immigration status or english proficiency
2.Identify and pursue state-wide revenue streams for the creation of affordable housing.
3.Preserve the ability to use Tax Increment Financing as a tool for affordable housing.
245
5
TRANSPORTATION
A variety of transportation options exist to meet mobility needs.
GOAL RECOMMENDATIONS
1.Expand reliable public
transit and paratransit
services
1.Leverage new revenue streams to support increased frequency of fixed-route transit
and paratransit service,for example:
●Paid on-street parking
●Future UTD ballot measure
●Federal grants
2.Ensure that city funds contribute to comparable service of paratransit to fixed-route
transit operations.
3.Identify opportunities to purchase and maintain low-emissions transit vehicles.
4.Develop standards and formalize processes for ensuring bus stops are comfortable,
safe,shaded from sun,and accessible to riders in the winter.
2.Go beyond ADA
compliance to center the
most vulnerable road
users in transportation
infrastructure design
1.Implement an Equity Impacts Tool in Capital Improvement Planning and
Transportation Planning and train staff,directors,and decision makers in this
approach
2.Mitigate implicit bias in transportation design and behavior,for example:
A.Update the city’s Complete Streets Policy with an equity component
3.Retrofit of bicycle lanes to separate vehicles and bicyclists
246
6
GOAL RECOMMENDATIONS
4.Strengthen partnership with Gallatin County and Montana Department of
Transportation for safety improvements on streets not within the City’s jurisdiction.
5.Leverage expertise of the disability community to educate design and building
professionals on accessible community design,for example:
A.Mobility audits with experts in the disability community,contractors,engineers
(summer and winter)to foster co-design of built environment
B.Develop a Sidewalk Audit process for city staff to implement
C.Conduct accessibility audits and develop standards for parks
3.Prioritize winter mobility for
transit/paratransit riders
and pedestrians
1.Pilot a “Snow Angels”program to connect volunteers and people with disabilities,older
adults who are unable to remove snow from their sidewalks.
2.Prioritize snow and ice removal at transit stops.
4.Prioritize equity in parking
management practices
1.Develop a public outreach and education campaign about the proper use of
accessible parking spaces and access aisles
2.Improve enforcement and responsiveness of PD/Parking Enforcement Officers when
vehicles are parked unlawfully in accessible spaces,as per city ordinance.
3.Ensure accessible parking spaces are provided in areas where the city does not
require the provision of on-site parking.
247
7
GOAL RECOMMENDATIONS
4.Use an Equity Impacts Tool to evaluate parking fines and fees,towing and impounding
practices,and allocation of enforcement resources
248
8
HEALTH &WELLBEING
Health care services and programs that address physical,mental,and sexual &reproductive
wellbeing are available,accessible and inclusive.
GOAL RECOMMENDATIONS
1.Support continuing
education for healthcare
professionals on working
with underserved
communities
1.Provide opportunities for health professionals to participate in Healthcare Allies
training,Disability identity,wellness,and etiquette training,and working with patients
with limited english proficiency
2.Increase access to mental health supports and prioritize learning opportunities
related to mental health for health professionals and first responders
2.Increase coordination
between health agencies
to reduce barriers to
healthcare services and
programs
1.Coordinate across organizations to share population-level data to better
characterize and address health gaps and disparities
2.Formalize partnerships and collaboration between organizations with MOUs,pursuing
joint grant or training opportunities
3.Support and implement
proven health education
and healthcare access
efforts
1.Expand access to harm reduction approaches to substance abuse and addiction
treatment
2.Collaborate with community health organizations to fund a Mobile Health Clinic
3.Increase telehealth offerings and publicly-available tele-health spaces for clients
(e.g.private telehealth rooms in libraries and other community spaces)
249
9
4.Develop and sustain partnerships with Indigenous leaders to build capacity to
support healthcare access and promotion among the indigenous community in the
Gallatin Valley
5.Support access to reproductive healthcare and education through peer educators
and community health workers
4.Expand meaningful
language access in
clinical settings and in
health promotion
programs
1.Provide on-demand interpretation in clinical and public health settings,train
providers and professionals in its use,and translate signage and documents
2.Partner with organizations to reach Spanish-speaking communities in health
education and promotion programs
250
10
EDUCATION
Learning opportunities allow for full participation and foster growth and success
GOAL RECOMMENDATIONS
1.Expand opportunities for
multilingual learners of
all ages
1.Increase resources for special ed and multilingual education
2.Provide meaningful language access to school services,online,and print materials to
make sure families are getting the info they need for success
3.Partner with local educators,organizations,and employers to provide English
learning opportunities for Spanish-speaking residents
2.Increase recruitment and
resources to support
higher education for
underserved
communities
1.Foster professional development opportunities for educators that emphasize LGBTQ+
allyship,cultural humility,supporting students with disabilities,and inclusive learning
environments.
2.Support and expand outreach and bridge programs to recruit tribal college students
and students from underserved communities
3.Prioritize the creation of
“cradle-to-career”
educational systems by
investing in sector-based
strategies and career
pathways
1.Prioritize funding mechanisms to support two-year kindergarten programs.,targeted
towards underserved children (low-income,housing instability,language proficiency)
2.Provide guidance for school leadership to implement an Equity Impacts Tool in
budget and policy development.
251
11
3.Establish avenues for mentorship and shadowing for students at all levels who are
exploring career paths in fields in which they are underrepresented (eg:women in
the trades,BIPOC in executive leadership or local government).
4.Target workforce development programs to existing contractors to grow their skills and
experience in electrification and climate technology.
5.Increase opportunities for underserved youth in Junior Leadership Programs geared
towards photonic,aviation,and manufacturing sectors.
4.Increase wrap-around
support and resources
available to students
experiencing
homelessness
1.Partner with local schools and universities to assess the needs of affected students
and assist with support delivery
2.Distribute materials to educators around the prevalence of homelessness,resources
that exist to support students and families,and the intersectionality of this issue.
3.Engage educators and schools in development of coordinated strategy to address
homelessness
252
12
CHILDCARE +YOUTH PROGRAMMING
Childcare and youth programs are high quality and affordable,and accessible.
GOAL RECOMMENDATIONS
1.Reduce barriers to
out-of-school
opportunities and
programs for
underserved children
1.Evaluate and address barriers around participation in out-of-school programs,
including transportation and cost.
2.Support participation in city programs and activities for families with children with
disabilities
3.Explore opportunities to integrate indigenous food systems,languages,and culture
into summer and after school programs
2.Increase capacity of after
school and summer
programs
1.Perform an equity impact analysis of the city’s enrollment processes,level of subsidy,
and scholarships for recreation programs and youth camps
2.Establish and continue partnerships with governmental and non-profit organizations
for free use of space access,subsidies,and other mechanisms to support youth
programming within Gallatin Valley.
3.Develop a quick response plan for providing childcare in the case of emergency
school closure or other community emergency
3.Increase subsidy for
childcare programs and
providers
1.Lobby for additional local,state,and federal funding/subsidy of quality childcare
253
13
4.Recruit,develop,and
retain quality staff
1.Prioritize the recruitment of multilingual and multicultural staff for recreational
programming
2.Implement a mentorship and training program for youth who want to work as future
recreation/camp leaders
3.Spotlight the value and contributions of child care and youth programming
employees through a communications campaign
254
14
ECONOMIC SECURITY
A thriving economy offers readily available living-wage jobs and fair work environments.
GOAL RECOMMENDATIONS
1.Foster fair and inclusive
work environments
1.Introduce a Minority and Women-Owned Business criteria into the city’s RFP scoring
process
2.Hold contractors accountable to labor law as it relates to undocumented workers
3.Bolster guidance and accountability measures for city vendors in adhering to the
city’s Non-Discrimination and Equal Pay requirements
4.Continue to narrow the gender pay gap among city employees
2.Support and recognize
inclusive businesses and
employers
1.Distribute guidance on being a fully accessible workplace/employer for people with
disabilities
2.Develop an Inclusive Businesses Toolkit (LGBTQ+,Disability,BIPOC)and recognition
program
3.Expand access to city
contracts and funding for
local firms,businesses,
and vendors
1.Evaluate TIF funding eligibility criteria to:
●Target TIF benefits to communities that have been historically disadvantaged.
●Prioritize the development or preservation of workforce housing.
●Consciously and proactively work to reverse patterns of racial inequity in
investment and development.
255
15
2.Provide training on how to apply for city contracts/become a city vendor,connect
experienced city vendors with small business owners to subcontract and gain
experience.
3.Convene local lenders,small business service providers and minority-owned
businesses to provide guidance on supporting and sustaining small businesses
4.Support the growing
Hispanic +Latino
workforce to our
economy and
community
1.Support the Montana Immigration Compact
2.Partner with local financial institutions to provide access to banking and lending
opportunities for immigrant workers
256
16
COMMUNITY RESILIENCY
Access to community spaces and resources fosters social connection,health,and resilience in a
changing climate.
GOAL RECOMMENDATIONS
1.Increase knowledge and
use of resources for
underserved
communities
1.Coordinate to develop shared platforms and spaces for underserved communities to
connect with resources and service providers,and share information about how to
meet individual and community needs
2.Recognize and celebrate
diversity among city staff
and community at large
1.Actively support events and education for holidays like Juneteenth,Indigenous People’s
Day
2.Evaluate city employee engagement through an intersectional lens
3.Support learning opportunities for the broader community on equity issues
3.Respond to the
disproportionate impacts
to vulnerable community
members due to climate
change and extreme
weather
1.Coordinate with regional partners and agencies to develop and deliver multilingual
education,outreach,and rapid response during extreme weather events (cold,heat,
flooding,smoke/fire)
2.Develop policies for employers to mitigate impacts of extreme heat and wildfire
smoke/poor air quality for people who work or live outside
3.Publicize and share guidance on creating safe,accessible,and inclusive resiliency hubs.
257
17
4.Work with partners to ensure investments in the urban tree canopy are equitably
distributed across neighborhoods.
4.Alleviate utility cost
burden for low-income
residents
1.Support the installation of solar energy systems and heat pump water heaters in
low-income homes.
2.Develop incentives and outreach to improve home energy efficiency (ex.City’s new heat
pump water heater rebate,outreach about strategies to improve indoor air quality and
energy efficiency during wildfire events,etc.)
3.Support the implementation of Inflation Reduction Act (IRA)programs administered by
the MT DEQ Energy Office such as the Home Electrification and Appliance Rebates for low
and moderate-income residents (this can include multi-family building projects)
4.Incorporate water equity considerations into the city’s Water/Wastewater Rate Study and
its implementation
5.Prioritize food access for
low-income
communities
1.Work with partners to improve access to healthy local food and nutrition programs
through the sharing and celebration of cultural and indigenous foods.
2.Ensure access to food during supply chain disruptions due to extreme weather or other
emergencies.
258
18
COMMUNITY SAFETY +CIVIC HEALTH
Local government and major institutions prioritize safety,inclusion,and representation.
GOAL RECOMMENDATIONS
1.Create organizational
structure to sustain and
grow Belonging in
Bozeman efforts
1.Create a new staff position,dedicated budget,and an outline of how this position will
fit and grow within the organization to advance the work of Belonging in Bozeman
2.Retain interdepartmental Belonging in Bozeman committee with representation from
City of Bozeman departments and update the committee charter.
3.Continue to convene external partners to implement Belonging in Bozeman Plan
4.Hire a full-time ADA Coordinator for the City of Bozeman
5.Develop standard procedures to ensure timely communications and response to
incidents of hate in the community
2.Deepen engagement
with underserved
communities
1.Create a Civic Academy in partnership with non-profits and other public agencies to
create a pipeline of talented,connected,and diverse staff,advisory board members,
elected officials and leaders.
2.Evaluate and formalize the Community Liaison roles,for example:
●Hire a part-time Disability Community Liaison
●Hire a full-time Bozeman PD Community Liaison
259
19
3.Establish a Community Engagement Compensation Policy that outlines ways in
which community members who face barriers to participation may receive
compensation for providing input on city initiatives
4.Foster relationships with student organizations at MSU to reduce barriers to
accessing community spaces and events
5.Elevate the efforts of organizational partners working to advance equity by sharing
messaging,supporting community events,and celebrating successes
3.Address language
barriers to local
government services and
public engagement
processes
1.Implement on-demand interpretation services and train frontline city staff in utilizing
it
2.Develop and implement a comprehensive Language Access Plan
3.Consider benefits for staff around multilingual skills and learning (add-pay for
Spanish-speaking staff,language classes/training)
4.Ensure city staff and law
enforcement
demographics reflect at
minimum the
demographics of the
community
1.Invest in and evaluate advertising and recruitment strategies to reach more diverse
applicant pools
2.Update City of Bozeman Hiring Practices Policy
3.Review minimum qualifications in Class Specifications
4.Track the factors that contribute to employee turnover,candidate withdrawals,
rejection of offers
5.Create a Second Chance Background Screening Process
260
20
5.Elevate equity in city
decision making
processes and policy
development
1.Develop an Equity Impacts decision making tool and train elected officials,advisory
board members,and staff in its use
2.Establish a Disability/Accessibility Advisory Board that meets quarterly and as
needed to provide guidance on accessibility and design of city facilities,policy,and
programs
3.Build staff capacity and resources needed to broaden communications and
engagement in the city budget development process
4.Neutralize gendered language in city policies and municipal code
6.Provide high quality,
ongoing,and relevant
training to all city staff
and decision makers
1.Establish a budget and menu of annual Governing for Racial Equity training for city
staff:
●Elected officials and advisory board members
●Department Directors and Managers/Supervisors
●All city staff
2.Promote the exchange of knowledge between City of Bozeman staff,Bozeman PD,
and local community leaders on topics like:
●PD De-escalation,Implicit bias,and bystander intervention
●Mental Health First Aid
●LGBTQ+Everyday Allies training offered through Bridgercare
●Know Your Rights training for undocumented immigrants
●Disability awareness and etiquette training for first responders
261
21
7.Promote transparency,
open communication,
and responsiveness
between the City,Police
Department,and the
community
1.Develop standard procedures to ensure timely communications and response to
address incidents of hate in the community.
2.Provide city staff and leadership with media training and training on the city’s
community engagement framework,share learning opportunities with community
partners.
262
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:Appointment to the Gallatin Valley Urban Transit District Board
MEETING DATE:October 17, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:I move to appoint one member to the Gallatin Valley Urban Transit District
Board
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The District shall be a separate legal entity from either Gallatin County, City
of Belgrade, or City of Bozeman local governments as allowed by Title 7,
Chapter 14, Part 2, MCA.
The purpose of the District is to supply transportation services and facilities
to District residents and other persons. The District shall provide quality
public transportation service to meet the mobility needs of the community,
but may authorize service outside the District boundaries where deemed
appropriate.
The Board shall have all powers necessary and proper to the establishment,
operation, improvement, maintenance, and administration of the District.
Preference will be given to individuals with a demonstrated interest in the
provision and promotion of public transportation. Members appointed to
the Board shall have official capacity to represent a local government entity,
a founding partner, and/or the ability to represent a transit rider
perspective, including but not limited to, at large, a senior, and those living
with a disability.
UNRESOLVED ISSUES:None Identified
ALTERNATIVES:As per the Commission
FISCAL EFFECTS:None
Attachments:
263
GVUTD_Board_Application_Kristin Blackler.pdf
Report compiled on: September 18, 2023
264
Gallatin Valley Urban Transportation District
(GVUTD)Board Application
Contact Information
Name Kristin Blackler
Street Address 2973 Oliver S
City,ST ZIP Code Bozeman,MT 59718
Home Phone 714.392.5030 (cell)
Work Phone 406-994-6825
E-Mail Address kristin.blackler@gmail.com
Availability
Are you available to meet on a monthly basis?(Currently meetings are held on the third Wednesday
of the month at 3:30 p.m.)
x Yes No
Interest in Being a Board Member
Please tell us why you want to be a GVUTD Board Member,and how you believe you can help the
GVUTD Board.(Discuss any previous transportation experience,or what perspective that you can
bring to the Board).
I have had the privilege of serving on the Streamline Advisory Board for the past few years and
participated in the campaign to create the Gallatin Valley Urban Transportation District.I am
committed to continuing to serve the community through this time of transition.I am a passionate
advocate for public transportation and am also a Streamline rider.
I am the the Sustainability Director for Montana State University.In this capacity,I work closely
with faculty,staff and students to promote sustainable transportation and will serve as a liaison
between MSU and the GVUTD.I have had a role in the creation and implementation of the MSU
Bicycle Master Plan,the MSU Transportation Master Plan,GoGallatin,and MSU’s transportation
working group.
265269
Special Skills or Qualifications
Summarize special skills and qualifications you have acquired from employment,previous volunteer
work,or through other activities,including hobbies or sports.(i.e.,administration,fundraising,grant
writing,etc.)
I have skills and experience in program development and implementation,contract management,
grant writing,fundraising,and public speaking.As MSU’s sustainability director I am responsible for
setting strategic goals for campus sustainability,including sustainable transportation,developing KPI’s,
assessment and data collection and reporting.Additionally,I have to create and deliver
communication to raise awareness of the myriad of sustainability programs and projects on campus.
Previous Volunteer Experience
Summarize your previous volunteer experience.
Currently serve on the City of Bozeman Sustainability Advisory Board
Streamline Advisory Board
MSU All Staff Council Member
MSU Campus Sustainability Advisory Committee
Haven Event planning committee
Conflict Management
Please describe a time when you disagreed with a fellow board member or a co-worker.How did you
handle it?Did you ever feel you needed to quit or leave a board or a job due to a conflict?If so,
please describe the situation and how you resolved it.
266270
Conflict is a necessary part of any successful project because it brings to light all the strengths and
weaknesses of a project or an idea.At the ideation stage,problems can be anticipated and managed.
When conflict arises,I work to help people focus on identifying the root of problem.I help committee
members focus on the facts related to the issue,not just opinions and different personalities.
I also endeavor to build trust among working group members and allow time for the constructive
expression of differences of opinions and time to build consensus.
After years of working on committees and working groups with a wide variety of committee member
expertise I believe in setting the ground rules,building trust among members and keeping people
focused on the issue,not the personalities.
Agreement and Signature
By submitting this application,I affirm that the facts set forth in it are true and complete.I understand
that if I am accepted as a volunteer,any false statements,omissions,or other misrepresentations
made by me on this application may result in my immediate dismissal.
Name (printed)Kristin Blackler
Signature
Date 10/10/2023
Our Policy
It is the policy of the GVUTD to provide equal opportunities without regard to race,color,religion,
national origin,gender,sexual preference,age,or disability.
Thank you for completing this application form and for your interest in volunteering with us.
Streamline and Galavan are services of the Human Resource Development Council
District IX,Inc.(HRDC).GVUTD Board Members are not compensated for their
time.
For specific questions relating to the GVUTD Board,contact Sunshine Ross at
(406)587-2434 or sross@thehrdc.org
Please submit this application to one of the following addresses:
Sunshine Ross
267271
HRDC
32 South Tracy
Bozeman,Montana 59715
sross@thehrdc.org
268272
Gallatin Valley Urban Transportation District
(GVUTD)Board Application
Contact Information
Name Kristin Blackler
Street Address 2973 Oliver S
City,ST ZIP Code Bozeman,MT 59718
Home Phone 714.392.5030 (cell)
Work Phone 406-994-6825
E-Mail Address kristin.blackler@gmail.com
Availability
Are you available to meet on a monthly basis?(Currently meetings are held on the third Wednesday
of the month at 3:30 p.m.)
x Yes No
Interest in Being a Board Member
Please tell us why you want to be a GVUTD Board Member,and how you believe you can help the
GVUTD Board.(Discuss any previous transportation experience,or what perspective that you can
bring to the Board).
I have had the privilege of serving on the Streamline Advisory Board for the past few years and
participated in the campaign to create the Gallatin Valley Urban Transportation District.I am
committed to continuing to serve the community through this time of transition.I am a passionate
advocate for public transportation and am also a Streamline rider.
I am the the Sustainability Director for Montana State University.In this capacity,I work closely
with faculty,staff and students to promote sustainable transportation and will serve as a liaison
between MSU and the GVUTD.I have had a role in the creation and implementation of the MSU
Bicycle Master Plan,the MSU Transportation Master Plan,GoGallatin,and MSU’s transportation
working group.
265269
Special Skills or Qualifications
Summarize special skills and qualifications you have acquired from employment,previous volunteer
work,or through other activities,including hobbies or sports.(i.e.,administration,fundraising,grant
writing,etc.)
I have skills and experience in program development and implementation,contract management,
grant writing,fundraising,and public speaking.As MSU’s sustainability director I am responsible for
setting strategic goals for campus sustainability,including sustainable transportation,developing KPI’s,
assessment and data collection and reporting.Additionally,I have to create and deliver
communication to raise awareness of the myriad of sustainability programs and projects on campus.
Previous Volunteer Experience
Summarize your previous volunteer experience.
Currently serve on the City of Bozeman Sustainability Advisory Board
Streamline Advisory Board
MSU All Staff Council Member
MSU Campus Sustainability Advisory Committee
Haven Event planning committee
Conflict Management
Please describe a time when you disagreed with a fellow board member or a co-worker.How did you
handle it?Did you ever feel you needed to quit or leave a board or a job due to a conflict?If so,
please describe the situation and how you resolved it.
266270
Conflict is a necessary part of any successful project because it brings to light all the strengths and
weaknesses of a project or an idea.At the ideation stage,problems can be anticipated and managed.
When conflict arises,I work to help people focus on identifying the root of problem.I help committee
members focus on the facts related to the issue,not just opinions and different personalities.
I also endeavor to build trust among working group members and allow time for the constructive
expression of differences of opinions and time to build consensus.
After years of working on committees and working groups with a wide variety of committee member
expertise I believe in setting the ground rules,building trust among members and keeping people
focused on the issue,not the personalities.
Agreement and Signature
By submitting this application,I affirm that the facts set forth in it are true and complete.I understand
that if I am accepted as a volunteer,any false statements,omissions,or other misrepresentations
made by me on this application may result in my immediate dismissal.
Name (printed)Kristin Blackler
Signature
Date 10/10/2023
Our Policy
It is the policy of the GVUTD to provide equal opportunities without regard to race,color,religion,
national origin,gender,sexual preference,age,or disability.
Thank you for completing this application form and for your interest in volunteering with us.
Streamline and Galavan are services of the Human Resource Development Council
District IX,Inc.(HRDC).GVUTD Board Members are not compensated for their
time.
For specific questions relating to the GVUTD Board,contact Sunshine Ross at
(406)587-2434 or sross@thehrdc.org
Please submit this application to one of the following addresses:
Sunshine Ross
267271
HRDC
32 South Tracy
Bozeman,Montana 59715
sross@thehrdc.org
268272