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HomeMy WebLinkAbout11-14-23 City Commission Meeting Amended 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.Authorize Absence D.1 Authorize the Absence of Commissioner Christopher Coburn (Maas) E.Public Service Announcements E.1 Citizen Advisory Board Vacancies(Maas) F.FYI G.Commission Disclosures H.Consent THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, November 14, 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 H.1 Accounts Payable Claims Review and Approval (Waters) H.2 Approval of Depository Bonds and Pledged Securities as of September 30, 2023 (Hodnett) H.3 Authorize the City Manager to Sign a 2023-2024 Main Street Winter Maintenance Agreement Between the City of Bozeman and Montana Department of Transportation(Ross) H.4 Authorize the City Manager to Sign a Software License Agreement with FOS of CannonDesign for FOScore Facility Condition Assessment and Capital Planning Platform(Ziegler) H.5 Authorize the City Manager to sign a Software as a Service Agreement with Deckard Technologies, Inc. for Short-term Rental Software Service Rentalscape(George) H.6 Authorize the City Manager to Sign a Professional Services Agreement with FCS Group for Utility Rate Consulting Services(Hodnett) H.7 Authorize City Manager to Sign a Professional Services Agreement with HDR Engineering, Inc. for the Valley Center Lift Station and Force Main Project(Murray) H.8 Authorize the City Manager to Sign a Professional Service Agreement with Sunburst Health, Inc. for Substance Use Evaluations for Applicants to VETS Court(Renee Boundy) H.9 Authorize the City Manager to Sign a PSA with The Nest Collective for Public Relations Services(Clark) H.10 Authorize the City Manager to Sign a Professional Services Agreement with Montana Outdoor Science School to Implement Year Three of a Direct Student Engagement Program in Bozeman Public Schools Utilizing the Bozeman Water Conservation and Stormwater Management Educator Guide(Ahlstrom) H.11 Authorize the City Manager to Sign a PSA between the City of Bozeman and Affion Public, LLC, for Executive Recruitment Services(Tozer) H.12 Authorize City Manager to Sign a Professional Services Agreement with Open Gov, Inc. for Pet Licensing Software(McMahan) H.13 Authorize the City Manager to Sign a Task Order EDD23-003 with Sanderson Stewart for a Bridger Park Garage Expansion Feasibility Analysis(Fine) H.14 Resolution 5549 Authorizing Change Order 3 with CK May Excavating, Inc. for the Bozeman Sourdough Water Transmission Main, Phase 2 Project(Murray) H.15 Resolution 5550, Annexation of 1.06 Acres, the 1801 and 1805 Willow Way Annexation, Application 23016(Cramblet) H.16 Resolution 5551, Authorizing the City Manager to Sign Prime Change Orders 1 Through 3 and Contract GMP Amendment with Jackson Contractor Group, Inc., for the Bozeman Swim Center Renovation Project(Ziegler) 2 H.17 Resolution 5552 Appointing the Belgrade City Prosecutor to Prosecute State v. Blewett (TK- 23-2418 and TK-23-2419) in the Bozeman Municipal Court(Saverud) H.18 Ordinance 2113, Final Adoption of the Bennett Properties Annexation Zone Map Amendment, Establishing Residential Emphasis Mixed Use Zoning on 36.980 acres and Adjacent Rights-of-Way, Application 22380(Rogers) H.19 Ordinance 2149, Final Adoption of the Short Term Rentals Text Amendment, Application 23281(George) H.20 Ordinance 2154, Provisional Adoption Establishing Initial Zoning Designation of R-4 on 1.06 Acres, the 1801 and 1805 Willow Way Annexation Zone Map Amendment, Application 23016(Cramblet) I.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. J.Mayoral Proclamation J.1 Proclaiming Youth Homeless Awareness Month(Andrus) 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:Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Authorize the Absence of Commissioner Christopher Coburn MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Administration RECOMMENDATION:I move to authorize the absence of Commissioner Christopher Coburn. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Commissioner Coburn informed City Manager Mihelich that he would not be in attendance. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: November 9, 2023 4 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:Citizen Advisory Board Vacancies MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Announce Citizen Advisory Board Vacancies STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:There are currently a number of vacancies on Citizen Advisory Boards and in anticipation of the expiration of the initial terms for our consolidated boards, the application for new terms beginning in 2024 is open and accepting applications until November 17. For more information, please go to www.bozeman.net/boards UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the City Commission FISCAL EFFECTS:None Report compiled on: September 5, 2023 5 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:November 14, 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 November 1, 2023 and November 8, 2023 , as there was no commission meeting on October 31, 2023 and November 7, 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 6 Memorandum REPORT TO:City Commission FROM:Clark SUBJECT:Approval of Depository Bonds and Pledged Securities as of September 30, 2023 MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Finance RECOMMENDATION:Approve the depository bonds and pledged securities as of September 30, 2023. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: 17-6-102. Insurance on deposits. (1) Deposits in excess of the amount insured by the federal deposit insurance corporation or the national credit union administration may not be made unless the bank, building and loan association, savings and loan association, or credit union first delivers to the state treasurer or deposits in trust with some solvent bank, as security therefore, bonds or other obligations of the kinds listed in 17-6-103, having a market value equal to at least 50% of the amount of the deposits in excess of the amount insured. The board of investments may require security of a greater value. When negotiable securities are placed in trust, the trustee's receipt may be accepted instead of the actual securities if the receipt is in favor of the state treasurer, successors in office, and the state of Montana and the form of receipt and the trustee have been approved by the board of investments. (2) Any bank, building and loan association, savings and loan association, or credit union pledging securities as provided in this section may at any time substitute securities for any part of the securities pledged. The substituted collateral must conform to 17-6-103 and have a market value at least sufficient for compliance with subsection (1). If the substituted securities are held in trust, the trustee shall, on the same day the substitution is made, forward by registered or certified mail to the state treasurer and to the depository financial institution a receipt specifically describing and identifying both the securities substituted and those released and returned to the depository financial institution. 7 Section 7-6-207 (2), MCA, requires the City Commission to approve pledged securities at least quarterly. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:The city is sufficiently pledged. Attachments: Depository Bonds & Securities 0923.pdf Report compiled on: October 6, 2023 8 DEPOSITORY BONDS AND SECURITIES AS OF September 30, 2023 MATURITY CUSIP NO/LOC NO. TOTAL AMOUNT US BANK All Accounts Federal Deposit Insurance Corporation-Operating Accts $ 250,000.00 LOC-FHLB Cincinnati 7/14/2023 570988 $ 20,000,000.00 TOTAL – US Bank $ 20,250,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6- 207, M.C.A., have this day certified the receipts of US Bank, for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of September 30, 2023, by the banks of Bozeman and approve and accept the same. _____________________________________________ CYNTHIA L. ANDRUS, Mayor _______________________________________ _______________________________________ TERRY CUNNINGHAM, Deputy Mayor I-HO POMEROY, Commissioner _______________________________________ _______________________________________ CHRISTOPHER COBURN, Commissioner JENNIFER MADGIC, Commissioner 9 PLEDGED SECURITIES AND CASH IN BANK As of September 30, 2023 US BANK Total Cash on Deposit $3,040,576.46 FDIC Coverage $250,000.00 Amount Remaining $2,790,576.46 Pledges Required 104% $2,902,199.52 Actual Pledges $20,000,000.00 Over (Under) Pledged $17,097,800.48 REFERENCE: Section 7-6-207, M.C.A. 10 Memorandum REPORT TO:City Commission FROM:John VanDelinder, Streets Superintendent Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a 2023-2024 Main Street Winter Maintenance Agreement Between the City of Bozeman and Montana Department of Transportation MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the attached winter maintenance agreement with the Montana Department of Transportation (MDT). STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The City of Bozeman and Montana Department of Transportation establish an annual agreement regarding winter maintenance responsibilities for US- 191 (Main Street) within city limits. The Department of Transportation and Engineering has agreed to take over additional responsibilities for the 2023- 2024 season including extending our service to the East Main Interchange with I-90. MDT has agreed to reimburse full cost of service as outlined in the attached agreement. Both MDT and COB have a significant interest in providing safe and efficient winter maintenance to the traveling public and agree that it is in all parties mutual best interest to work jointly in this effort. UNRESOLVED ISSUES:MDT continues to struggle with staffing such that there exists a substantial risk of inability to maintain N 19th, 7th Ave, and Rouse Ave. MDT is willing to fully reimburse the city for cost of maintaining these routes, however, the city lacks staff and equipment capacity to do so and both will need augmented in the next operating budget in order to adequately serve our needs. ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:The Montana Department of Transportation will pay the City Of Bozeman, within 30 days of receiving the invoice, the lump sum of $24,500 for the winter season of 2023/2024. MDT shall make one (1) yearly payment to COB. Attachments: 11 BZN_MDT_WinterMaintenance_2023-2024 Report compiled on: October 31, 2023 12 Page 1 of 5 AGREEMENT BETWEEN THE CITY OF BOZEMAN & MONTANA DEPARTMENT OF TRANSPORTATION US-191 MP 88.837 to 90.930 From N 7th Street to JCT I-90 East Interchange This Agreement is entered into between the Montana Department of Transportation, Bozeman Maintenance Division (“MDT”) and the City of Bozeman (“COB”) (together the “Parties”) for the purpose of winter maintenance of US-191 (C000050A). WITNESSETH WHEREAS, US-191, from reference post 88.837 to 90.930 (N 7th Street to JCT I- 90 East Interchange), located in Bozeman, Montana and commonly referred to as "Main Street," (see attached map) is an MDT road maintained by MDT and COB by agreement; and WHEREAS, COB has agreed to take over the winter maintenance of US-191 (Main Street) as set forth herein and for the consideration stated in this Agreement; and WHEREAS, both MDT and COB have a significant interest in providing safe and efficient winter maintenance to the traveling public and agree that it is in all Parties' mutual best interest to work jointly in this effort. NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the Parties agree as follows: I. COB agrees to: 1. Provide routine winter maintenance on US-191 from November 1, 2023, to April 30, 2024. For purposes of this Agreement, winter maintenance activities provided by COB hereunder shall include, but not be limited to, the following: a. Snow removal and ice control, including plowing and anti-icing services, such as sanding or the use of other liquid and/or solid chemical agents which aid in snow and ice removal. Performance of said activities shall be done to the satisfaction of MDT; and b. All other incidental roadway and right-of-way duties associated with winter maintenance, such as traffic control, debris removal, and drainage control during mutual agreed dates. 2. In the event US-191 needs to be temporarily closed for safety concerns due to severe winter weather conditions or other emergency reasons, COB shall notify the 13 Page 2 of 5 MDT Bozeman Area Maintenance Chief as soon as feasible. MDT shall close the road if MDT deems it necessary. 3. Furnish all necessary labor, fuel, equipment, material, tools, and implements required to perform the routine winter maintenance under this Agreement; and 4. Keep adequate records supporting the winter maintenance expenses associated with the terms of this agreement. COB will provide the State, Legislative Auditor or their authorized agent’s access to these records to determine compliance with this Agreement. 5. Submit an invoice to MDT for $24,500 by May 15th each year for winter maintenance under this agreement on US-191. II. MDT agrees to: 1. For and in consideration of the services herein described, pay COB, within 30 days of receiving the invoice, the lump sum of $24,500 for the winter season of 2023/2024. MDT shall make one (1) yearly payment to COB . 2. MDT will allow COB to stockpile snow from US 191 at a site approved by MDT, along the East Interchange of I-90, (See Map) and identify a location within the site that is free of water. III. General Terms and Conditions. 1. This Agreement becomes effective upon the signature of the Parties. 2. This Agreement may be terminated by either party by written notification to the other party thirty (30) days prior to the desired termination date. In the event of termination by either party, payment to COB shall be prorated to the date of termination. If, in its sole discretion, MDT is dissatisfied with COB's performance, MDT shall provide COB written notice of any deficiencies, and if COB has failed to cure such deficiencies within ten (10) days of receipt of written notice, this Agreement shall be terminated. 3. COB shall not assign, subcontract, or transfer any part of this Agreement without the express written consent of MDT. 4. COB shall protect, defend, indemnify, and hold harmless the State of Montana and MDT, its elected and appointed officials, agents and employees, from and against all claims, liabilities, demands, causes of action, judgments and losses , arising in favor of or asserted by any person or entity (including but not limited to COB), including 14 Page 3 of 5 costs of defense and attorney fees, on account of damage to property, personal injury, or death arising, in whole or in part, out of, or in connection with, any acts, omissions, or services performed by COB or their agents, or subcontractors, except the sole negligence of MDT, under this Agreement. 5. MDT shall protect, defend, indemnify, and hold harmless COB and its officers, directors, employees, agents and insurers, from and against all claims, liabilities, demands, causes of action, judgments and losses, arising in favor of or asserted by any person or entity, including costs of defense and attorney fees, on account of personal injury, death, or damage to property arising solely out of, or in connection with, a defect in the State's design or construction of US-191, or from the negligent or intentional act of MDT employees. 6. COB assumes all responsibility for ensuring and enforcing safe working conditions and compliance with all safety-related rules and regulations for the benefit of COB's own employees, the employees of any subcontractor, and the public as it pertains to the work defined in this Agreement. That responsibility includes all duties relating to safety, regardless of whether any such duties are, or are alleged to be, "nondelegable" (e.g., the Montana Safe Place to Work Statute, etc.). 7. It is understood and agreed by the Parties that COB is acting and performing as an independent contractor in regard to this Agreement. Neither party is by virtue of this Agreement authorized as an agent, employee, or legal representative of the other. Nothing contained in this Agreement shall be deemed or construed, either by the Parties or by any third party, to create the relationship of principal and agent or create any partnership, joint venture, or other association between MDT and COB. 8. It is agreed by the Parties that this Agreement can only be changed or modified by an addendum/amendment executed in writing and initialed and/or signed by an authorized representative from both parties. 9. COB is required to maintain workers' compensation insurance or an independent contractor's exemption covering any subcontractor and/or employees while performing work within MDT's right-of-way in accordance with Montana Code Annotated. §§ 39-71-401, and 405. This insurance/exemption must be valid for the entire Agreement period. 10. COB shall maintain for the duration of this Agreement, at its own cost and expense, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the obligations in this Agreement by its agents, officers, employees, representatives, assigns, or subcontractors. This insurance shall cover such claims as may be caused by any negligent act or omission. 15 Page 4 of 5 11. COB must, in performance of work under this Agreement, fully comply with all applicable federal, state, or local laws, rules, and regulations, including the Montana Human Rights Act, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any approved subletting or subcontracting by COB subjects' sublessees and subcontractors to the same provision. In accordance with Montana Code Annotated § 49- 3-207, COB agrees that the hiring of persons to perform services under this Agreement will be made on the basis of merit and qualifications, and there shall be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the Agreement. COB will require that during the performance of any work arising out of this Agreement, COB, for itself, assignees, and successors shall comply with all applicable non-discrimination regulations set forth in Attachment A attached hereto and made part of this Agreement. 12. This Agreement contains the entire understanding of the Parties and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. 13. This Agreement, and the rights, obligations, and liabilities of the Parties hereto, shall be governed by the laws of the State of Montana. Any litigation concerning this Agreement, or the performance hereunder must be brought in the First Judicial District in and for the County of Lewis and Clark, Montana. Except as otherwise provided in this Agreement, each party shall pay its own costs and attorney’s fees. 14. Time is of the essence in the performance of obligations under this Agreement. 15. Each party to this Agreement shall perform all further acts to execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. 16. COB shall create and retain records supporting the services rendered or supplies delivered for a period of three (3) years after either the completion date of this Agreement or the conclusion of any claim, litigation, or exception relating to the contract taken by the State of Montana or third party. 17. A declaration by any court, or any other binding legal source, that any provision of this Agreement is illegal and void shall not affect the legality and enforceability of any other provision of this Agreement, unless the provisions are mutually dependent. 18. Upon mutual agreement of the Parties, this agreement may be renewed annually for up to five years, and modifications may be made to increase future payments for the winter maintenance services described herein upon supplemental justification to support the price increases from COB and agreement of MDT. 16 Page 5 of 5 19. Counterpart Execution - This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature by any party to any other party and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received. IN WITNESS WHEREOF, duly authorized representatives of MDT and COB have executed this Agreement on the dates indicated. MONTANA DEPARTMENT OF TRANSPORTATION By Title: MDT Bozeman Division Maintenance Chief Date: ______________________________________ CITY OF BOZEMAN By: _______________________________ Title: City Manager Date: ______________________________ 17 Memorandum REPORT TO:City Commission FROM:Jon Henderson - Strategic Services Director Mike Gray - Facilities Superintendent Max Ziegler - Facilities Project Coordinator SUBJECT:Authorize the City Manager to Sign a Software License Agreement with FOS of CannonDesign for FOScore Facility Condition Assessment and Capital Planning Platform MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City manager to sign a Software License Agreement with FOS of CannonDesign for FOScore Facility Condition Assessment and Capital Planning Platform STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:On May 3, 2022, the City signed a PSA with FOS of Cannon Design for Facility Condition Assessment services. These assessments were to evaluate facility condition, repair needs, system lifespans, and costs associated with facility upkeep. The results of the assessments, which have now covered over 50 buildings and nearly 700,000 square feet of City buildings, have been compiled into a database to manage deferred maintenance needs and forecast future facilities expenditures. FOS utilizes a software system they developed in house to navigate and visualize the data from Condition Assessments, and features a suite of tools to support project planning and budgeting. A one year trial for this software package was provided with the initial assessments and is now expiring. The Facilities Dept. heavily employed the tools included in FOScore to help set targets for overall facility condition, and develop Capital Improvement Plans to address the highest priority needs based on a number of metrics in line with our developed targets. The value this system has provided includes a systematic approach to scheduling facility maintenance projects, as well as reduced staff time required to develop CIP recommendations. Approval of this software license agreement will solidify the approach to Facilities capital project management Strategic Services has been developing over the last two years, and will provide a consistent framework for the 18 Facilities Dept. over the coming 5 year period. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:This software license agreement will be for a 5 year period, with annual costs of $11,356 totaling $56,780 for the contract period to be paid from the Facilities Department Facility Condition Assessment Budget. Attachments: City of Bozeman - FOScore(r) Platform Order Form (revised).pdf FORM FOScore(r) EULA 11.8.22.pdf Revised Affirmation Form - April 2022 (2).pdf Report compiled on: October 30, 2023 19 FOScore® Platform Order Form Client Name: City of Bozeman, Montana Client Address: 121 N Rouse Ave. Bozeman, MT 59715 Client Email Address: wziegler@bozeman.net Client Representative: Max Ziegler, Facilities Project Coordinator Project Name: FOScore® Subscription- City of Bozeman Facility Condition Assessment Project Address: 121 N Rouse Ave. Bozeman, MT 59715 Project Scope: 53 assets totaling 675,351 square feet (Phase 1-18 assets at 339,792 and Phase 2- 35 assets at 335,559) 1.Initial License Period: November 1, 2023 – October 31, 2026 □ November 1, 2023 – October 31, 2028 □ 2.License Fee:$12,356/Year (3 Year Subscription) □ $11,356/Year (5 Year Subscription) □ You understand and acknowledge that the License Fee is based on the number of square feet of facility under management of the Software at the time this Order Form is executed by both parties. FOS shall provide you with notice of any price increase at least 30 days prior to the end of the Initial License Period and any subsequent Renewal Period. The License can be renewed at the discretion of the client, for a 3 or 5 year term (“Renewal Period” and with the Initial License Period, the “License Period”). You may terminate the License and this Order Form, for any reason or no reason, and at any time during the License Period and the Renewal Period, upon at least sixty (60) days’ written notice to FOS. If you terminate this License prior to the end of the Initial Period or any Renewal Period, you will be responsible only for a prorated portion of the License Fee, based upon the effective date of termination. If additional assets (square footage) are added to the software because of additional assessments, during your subscription, no additional subscription cost is incurred. However, the next subscription period (renewal) will reflect a renewal price based on the total building gross square footage at the time of renewal. 3.Number of Authorized Users: No Limit. 4. Payment. a.You shall pay the License Fee within thirty (30) days of the date of invoice. The License Feeincludes the Support Services. 20 b.Service Fees payable by You for Additional Services are set forth on Schedule A to theFOScore Order Form. Payment shall be made by You upon receipt of the applicable invoice.Payments not made within thirty (30) days of Your receipt of invoice shall be subject to interest at a rate of nine percent (9%) per annum. FOS may increase or decrease the Rates forAdditional Services hereunder by giving You not less than 30 days’ prior written notice of suchchange. 5. Taxes. The License Fees and Service Fees specified in this Order Form are exclusive of all stateand local taxes which shall, to the extent such taxes are applicable, be paid by You. To the extentthat You are exempt from taxes, You shall provide evidence to FOS of Your tax-exempt status. 6.Support Services: FOS will provide You the support services listed on Schedule A (“SupportServices”). 7.Additional Services: You may request that FOS provide certain additional services related to theSoftware (“Additional Services”) as described and at the rates set forth Schedule A. 8.EULA: This Order Form is governed by the terms and conditions in the End User LicenseAgreement attached as Schedule B, amended as follows (the “EULA”): a.The paragraph entitled “Indemnification” is amended and restated as follows: “Indemnification. You assume sole responsibility for use of the License, Platformand/or Services by You or Your Authorized Users.” b.The paragraph entitled “Governing Law” is amended and restated as follows: “Governing Law. This EULA shall be construed according to, and the legal relations between the Parties shall be governed by, the laws of the State of Montana, excluding its conflicts of law provisions.” 9. Compliance. All parties to this contract agree to comply with all applicable laws, including the Anti-Bribery and Anti-Corruption laws, of every government entity having jurisdiction in this matter, aswell as the Foreign Corrupt Practices Act (“FCPA”) of the United States, the Canadian Corruptionof Foreign Public Officials Act (“CFPOA”) and the Anti-Trafficking provisions of the FederalAcquisition Regulations. All parties to this contract shall comply with FOS’s Code of Conduct (“Policy”), and shall utilize the “Ethics Line” outlined in the Policy to report to FOS any suspectedviolation of law or Policy during the course of its services, including any potential violation of theFCPA, CFPOA, or any federal or state procurement laws. You represent that You are not currentlysuspended, debarred, declared ineligible or voluntarily excluded by any federal or state entity. Youwill notify FOS immediately if You become suspended or debarred and FOS shall have the right toterminate the Order Form. 10. Assignment. This Order Form may not be assigned, in whole or in part, by You without the priorwritten approval of FOS. 11. Notices. Any notice or demand required or permitted under the terms of this Order Form shall besufficiently given to either party if sent by first-class United States mail to such Party at its addressappearing at the beginning of this Order Form, or to such other address as such Party may havedesignated for such purpose by notice given in accordance with this Section 11. 21 12.Service Level. You acknowledge that the Software is deployed via cloud-based platform hosted onAmazon Web Services. FOS will use commercially reasonable efforts to make the Software and/orServices available at least 99.9% of the time during any billing cycle. In the event the Software shall be available for less than 99.9% of the time (excluding Scheduled Maintenance Downtime) inany billing cycle (“Excess Downtime”), You shall receive service credit which shall be reflected asa pro rata adjustment to the License Fees due in the following billing cycle, which shall be Yoursole and exclusive remedy for Excess Downtime. “Scheduled Maintenance Downtime” means anyperiod that the Software or Services are unavailable for purposes of performing ordinary systemmaintenance and updates occurring on weekends or during the hours of 10:00 pm through 5:00 am EST on weekdays. 13.Entire Agreement. This Order Form, which includes the EULA and all Schedules attached hereto,contains the entire agreement between the Parties with respect to the matters set forth herein andsupersedes all negotiations, representation, warranties, commitments, offers, and contracts,whether oral or written, prior to the date hereof. 14.Governing Law. This Order Form shall be construed according to, and the legal relations betweenthe Parties shall be governed by, the laws of the State of New York. The venue for any action orsuit arising out of this Order Form shall be in Erie County, New York. 15. Severability. If any term or provision (other than a term or provision relating to any paymentobligation) of this Order Form or the application of any term or provision of this Order Form to anyperson or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of theOrder Form or the application of such term or provision to any other person or circumstances shallnot be affected by such invalidity or unenforceability, and each term an provision of this Order Formshall be valid and enforceable to the extent permitted by law. 16. Counterparts. This Order Form may be executed in counterparts, each of which shall be an original,and which together shall constitute one and the same instrument. This Order Form may beexecuted and delivered by facsimile or scanned PDF document. Any facsimile or electronicsignatures shall have the same legal effect as manual signatures. FACILITY OPTIMIZATION SOLUTIONS, LLC CITY OF BOZEMAN, MONTANA By: By: Name: Joseph Cassata, AIA Name: Title: President Title: Date: Date: 10/25/2023 22 Schedule A Software Support Services The following Software Support Services are included in the License Fee: • Dot release upgrades; • Secure data back-ups; • 24-hour access to site from any location; • FOS Support call center and maintenance (Regular business hours 8:00am – 5:00pm ET); and • User and log-in rights for multiple users. Additional Services: Client may request the following Additional Services at the designated rates: Software Training: Option 1 – On-site training • (1) FOS software support trainer at a rate of $1200.00 per day plus travel expenses for up to (10) ten users. Session will include all required training materials provided by FOS and the client will be responsible to supply all required computer systems to users. Option 2 – Web-based training • A FOS software support trainer will conduct training for unlimited users in blocks of (2) two-hour sessions. Web-based training will be conducted at a rate of $320.00 per (2) two-hour session. Custom Reporting • Custom report building will be available at a rate of $200.00 per hour. Each request will be evaluated on an individual basis to determine functionality within the limits of the software prior to execution. 23 Schedule B FOSCORE™ END USER LICENSE AGREEMENT See attached 24 FOScore® Platform End User License Agreement Your use of, and access to, the FOScore® facility condition assessment and capital planning Platform and/or other related products (collectively, the “Platform”), and the features, functions, and services offered through the Platform (the “Services”), is subject to Your prior acceptance of this End User License Agreement (“EULA”), as may be amended from time to time by Facility Optimization Solutions, LLC (“FOS” we,” or “us”). Scope of License. Subject to the terms and conditions contained herein, FOS grants You a limited, revocable, non-exclusive, non-transferable, license to use the Platform subject to the terms of this EULA only for Your limited internal business purposes as specifically requested by the entity/agency that has engaged FOS (“Entity/Agency”) to provide the Platform and/or Services (the “License”). If You and FOS have executed an Order Form for the FOScore Platform (“Order Form”), the License is also subject to the terms of the Order Form. This License is subject to the following restrictions, in addition to such other restrictions as may be contained in the Order Form and the Privacy Policy: a. You will not permit any person other than Yourself to access and use the Platform and/or Services; b. You will not use the Platform or Services for any purpose other than Your internal business purposes and only for the Entity/Agency; c. You may not resell, sublicense, transfer, re-distribute, allow access to or otherwise provide or make available for any purpose any component of the Platform to any person, firm or entity except as expressly set forth herein; d. You may not and may not permit or authorize any third party to, alter, reverse engineer, disassemble, decompile, circumvent or disable any code, feature or security or technologic measure that effectively controls access to, the Platform, or otherwise engage in any conduct designed or intended to interfere with the operation of the Platform; e. You shall not, and shall cause the Authorized Users not to, (i) use the Platform and/or Services to store or transmit computer viruses, worms, time bombs, Trojan horses and other harmful or malicious code, routines, files, scripts, agents or programs, (ii) use the Platform and/or Services to store or distribute any information, material or data that is harassing, threatening, infringing, libelous, unlawful, obscene, or which violates the privacy or intellectual property rights of any third party, (iii) access or use the Platform and/or Services for any benchmarking or competitive purposes, including, without limitation, for the purpose of designing and/or developing any competitive products or services, (iv) sell, resell, rent, lease, offer any time sharing arrangement, service bureau or any service based upon, the Platform and/or Services, (v) interfere with or disrupt the integrity or performance of the Platform and/or Services or third-party data contained therein, (vi) attempt to gain unauthorized access to the Platform and/or Services or any associated systems or networks or (vii) modify, make derivative works of, disassemble, decompile or reverse engineer the Platform and/or Services or any component thereof. f. You are solely responsible for the use and security of Your and Your Authorized Users own computers, hardware, and services used to access the Platform and/or Services. DISCLAIMER. FOS is not responsible for use or misuse of the Platform or Services by any party or harm or damages that may result from use or misuse of the Platform or Services. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY OF THIS EULA, THE ORDER FORM, OR THE PRIVACY POLICY, THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, FOS HEREBY DISCLAIMS ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR ORDINARY PURPOSE, NONINFRINGEMENT, MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FEATURES, PERFORMANCE LEVELS, SUPPORT RESOURCES, AND FREEDOM 25 FOScore™ Platform License Agreement v.2 11/8/22 Page 2 FROM COMPUTER VIRUS. TO THE EXTENT A WARRANTY MAY NOT BE DISCLAIMED AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM REQUIRED UNDER SUCH LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY FOS AND/OR ITS AGENTS OR EMPLOYEES, SHALL CREATE A WARRANTY. FOS DOES NOT WARRANT THAT THE PLATFORM WILL MEET ALL YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLATFORM WILL BE UNINTERUPTED OR ERROR FREE, OR THAT ALL PLATFORM DEFECTS WILL BE CORRECTED. Ownership of Platform. The Platform contains copyrighted material, trademarks and other intellectual property that is owned or licensed by FOS. FOS retains all title, interest, ownership rights and intellectual property rights in and to the Platform and/or Services and reserves all rights not expressly granted to You in this EULA. The Platform is licensed to You, not sold. Updates. FOS may, from time to time, develop new versions, patches, bug fixes, updates, upgrades and other modifications to improve the Platform and/or Services (“Updates”). These may be automatically installed and/or released without providing any additional notice to, or consent from, You or Your Authorized Users. All Updates are subject to the terms of this EULA. Third Party Software. Some components of the Platform or Services (whether developed by FOS, our affiliates or third parties) (the “Third-Party Software”) may be governed by separate licenses. Your license rights with respect to Third-Party Software are defined by the applicable Third-Party Software license, and nothing in this EULA will restrict, limit or otherwise affect any rights or obligations you may have, or conditions to which you may be subject under such Third-Party Software licenses. You agree to be bound by and subject to the terms and conditions of each applicable Third-Party Software license. If you do not agree to be bound by and subject to the terms and conditions of each applicable Third-Party Software license, You must terminate this EULA by uninstalling and destroying all copies of the Platform that are in Your and Your Authorized Users possession or control. If our rights from a licensor of Third-Party Software are limited, suspended or terminated for any reason, Your rights will also be so limited, suspended or terminated. For U.S. Government End Users. The Platform is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (OCT 1995), and more specifically is “commercial computer Platform” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), the Platform is provided to U.S. Government End Users only as a commercial end item and with only those rights as are granted to all other customers pursuant to the terms and conditions herein. Export Restrictions. The Platform, Services and related technologies are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Platform and related technology, as may be required. You will indemnify and hold FOS harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by You and/or Your Users in connection with this paragraph. Limitation of Liability. FOS’s liability under this EULA in connection with any claim arising out of or relating to the License, Platform and/or Services any provided in connection with this EULA shall be limited to the lesser of the amount of Your actual direct damages or $500. Your right to monetary damages in such amount shall be exclusive of all other remedies which You may have at law or in equity against FOS, any affiliate or subsidiary of FOS, or any officer, director, shareholder, employee, consultant, agent, successor, or assign of FOS. Account; Passwords. To access and use the Platform and/or the Services, you must register an account with FOS (the “Account”). You shall only use the username issued to You by FOS in connection with the Account, except as authorized by this EULA. If You are provided with a temporary username and/or password, You must modify the temporary credentials and create a unique username and/or password. 26 FOScore™ Platform License Agreement v.2 11/8/22 Page 3 You shall not share Your Account username or password with anyone except as authorized by this EULA. You are responsible for maintaining the confidentiality of Your Account username and password, and You are fully responsible for all activities that occur in connection with same. In the event of any breach of security, including, without limitation, access to the Platform and/or Services via Your Account by someone other than You, You agrees to immediately (a) change Your password, and (b) notify FOS of the security breach. You agree that the terms of this EULA will be binding upon and govern the relationship between You and FOS. You further agree to take any and all action necessary to ensure compliance with this EULA, and You shall indemnify FOS for any and all costs, damages, losses or expenses (including attorneys’ fees) incurred in respect of any use of the Platform and/or Services via Your Account. FOS will not be liable for any loss or damage arising from your failure to comply with this paragraph. FOS reserves the right to terminate Your access to the Platform and/or Services at any time for any reason or no reason. Your Data; Suggestions. a. As between You and FOS, You own all right, title, and interest in and to the Your Data. Except as provided in this subparagraph, FOS obtains no rights under this EULA from you in or to the Your Data, including any related intellectual property rights. You grant FOS a license to display, perform, execute, distribute and modify the Your Data to enable You to operate the Platform and/or Services and provide any applicable support. Further, You consent to FOS’s (i) use of anonymous or de-identified Your Data for the purposes of marketing the Platform and/or Services for benchmarking purposes; (ii) use of technical data and related information, including information about your browser, to facilitate the provision of software updates, product support, and other services to you (if any) related to the Platform and/or Services, and (iii) disclosure of the Your Data to comply with any request of a governmental or regulatory body (including subpoenas or court orders). You agrees that these rights and licenses are royalty-free, worldwide and irrevocable (for so long as the Your Data is stored in the Platform) and include a right of FOS to make the Your Data available to, and transfer such rights to, others with whom FOS has contractual relationships related to the provision of the Platform, the Services and/or any support related to same. b. You further represent and warrant that (a) You own all right, title, and interest in and to Your Data or have the rights and permissions necessary to use Your Data in connection with the Platform and Services; and (b) You have all rights and permissions necessary to grant the rights contemplated by this EULA. c. If you provide any suggestions regarding the Platform or the Services to FOS, we will own all right, title and interest in and to the suggestions, even if you have designated the suggestions as confidential. FOS will be entitled to use the suggestions without restriction. You hereby irrevocably assign to FOS all right, title and interest in and to the suggestions and agree to provide FOS any assistance FOS may require to document, perfect and maintain FOS’s rights in the suggestions. Waiver of Consequential Damages. In no event shall FOS or its affiliates be liable to You for any special, indirect, consequential or incidental damages arising out of, or as the result of the License, the Platform and/or the Services provided to You, regardless of whether arising out of a contract claim, tort claim or otherwise and whether such damages are foreseeable. Indemnification. You assume sole responsibility for its use of the License, the Platform and/or the Services and shall defend, indemnify and hold FOS, its affiliates, and their directors, officers and employees harmless from and against all liabilities, claims, and damages that arise in connection with or as a result of use of the Platform and/or Services by You or Your Authorized Users. Right to Audit. FOS reserves the right to monitor and audit Your and Your Authorized Users’ use of the Platform and/or Services. 27 FOScore™ Platform License Agreement v.2 11/8/22 Page 4 Termination. This EULA shall continue in effect until terminated as set forth herein. This EULA may be terminated, and/or the License revoked or modified by FOS if the You breach any provision of this EULA, including, without limitation, if You fails to pay applicable fees when due and FOS submitted a proper invoice. FOS shall provide seven (7) days written notice to You of termination of this EULA or revocation of any License. FOS may also terminate this EULA immediately upon notice to You if (a) FOS’s relationship with a third-party provider whose software, hosting or other technology FOS uses to provide the Platform and/or Services expires, terminates or requires FOS to change the way FOS provides the Platform and/or Services, or (b) You permit any individual to access or use Your Account username or password in violation of this EULA. Upon FOS’s termination of this EULA due to Your breach, it is agreed that no refund of License Fees shall be due to You. Upon termination of the EULA, neither You nor Your Users will be authorized to use the Platform and/or Services and the License shall be immediately cancelled. In the event of termination of the EULA, upon written request by You, copies of Your Data will be delivered to You within thirty (30) days thereof; provided, that You shall pay in advance all reasonable costs of transferring copies of the Your Data to You. No termination of this EULA shall release or affect any obligations or liabilities incurred by either party under this EULA prior to the effective date of such termination. The paragraphs of this EULA under the headings “Disclaimer,” “Ownership of Platform,” “Limitation of Liability,” “For U.S. Government End Users,” “Export Restrictions,” “Waiver of Consequential Damages,” “Indemnification,” and “Governing Law” shall survive termination of the License and this EULA. Force Majeure. FOS shall have no liability to You for any damages whatsoever arising out of or as a result of the failure by FOS to provide the Platform, Services and/or any support as a direct or indirect result of any use or circumstance beyond the reasonable control of FOS (including, without limitation, acts of God, acts of public enemy, war, accidents, fires, electrical or equipment failures, strikes, postal delays, labor difficulties, contractor difficulties, problems with telecommunications providers or database hosting entities, Internet disruption, explosions or governmental orders or regulations). Governing Law. This EULA shall be construed according to, and the legal relations between the Parties shall be governed by, the laws of the State of New York, excluding its conflicts of law provisions. You and FOS agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Erie, to resolve any dispute or claim arising from this EULA. Amendments. Changes to this EULA may be made by FOS by publishing revised versions of this EULA to the URL https://www.foscd.com/foscore-eula. All revisions to this EULA shall be deemed effective and binding upon You and Your Users immediately upon being published to the foregoing URL without advance notice or consent of You or Your Users. 28 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter Facility Optimization Solutions LLC Facility Optimization Solutions LLC 29 Memorandum REPORT TO:City Commission FROM:Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development Scott McMahan, Information Technology Director SUBJECT:Authorize the City Manager to sign a Software as a Service Agreement with Deckard Technologies, Inc. for Short-term Rental Software Service Rentalscape MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the agreement. STRATEGIC PLAN:7.4 Performance Metrics: Utilize key performance and cost measures to monitor, track and improve the planning and delivery of City programs and services, and promote greater accountability, effectiveness and efficiency. Learn from those outside city government and measure specific tasks for performance. BACKGROUND:The Community Development Department has used Granicus Host Compliance (formerly STR Helper) since 2017 to process short term rental registrations and monitor online listings for violations. At that time very few such products were available specific to short term rentals. In recent years, several other products have entered the market which offer improved functionality, enhanced data reporting and increased accuracy. We are seeking to move to a better system to replace Host Compliance, to provide review and enforcement staff as well as customers with a more reliable tool to improve STR compliance. Deckard Technologies' Rentalscape platform includes an intuitive customer portal, real-time data dashboards, and expanded monitoring service with improved quality control. It also boasts extra features such as a 24/7 complaint hotline and outreach campaign to raise awareness. Other cities who utilize Rentalscape have dramatically increased their STR compliance rates following implementation. UNRESOLVED ISSUES:None. ALTERNATIVES:Continue utilizing Granicus Host Compliance. FISCAL EFFECTS:This software agreement has a cost of $29,750. The funds for this software are in the FY24 budget for Community Development. 30 Attachments: Deckard SaaS Agreement & Scope.pdf Report compiled on: November 1, 2023 31 Software as a Service Agreement This Software as a Service Agreement (“Agreement”), is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the City of Bozeman, Montana, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Deckard Technologies, Inc., with a mailing address of 1620 Fifth Avenue, Suite 400, San Diego, CA 92101, hereinafter referred to as “Provider.” The City and Provider may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the Parties hereto agree as follows: 1. Definitions. a. “Aggregated Statistics” means data and information related to the City's use of the Services that is used by Provider in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services. b. “Authorized User” means the City's employees, consultants, contractors, and agents (i) who are authorized by the City to access and use the Services under the rights granted to the City pursuant to this Agreement and (ii) for whom access to the Services has been purchased hereunder. c. “Confidential Information” means, subject to Montana’s Open Records Law, all written or oral information, disclosed by either Party to the other, related to the operations of either Party or a third party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential. With respect to the City, Confidential Information must also include any and all information transmitted to or stored by Provider in connection with performance of its obligations under this Agreement, including, but not limited to, personally identifiable information (“PII”) of residents, employees or people included within the City’s data, including name, address, phone number, e-mail address, date of birth, social security number, patient records, credit card information, driver’s license number, account numbers, PINs and/or passwords, any other information that could reasonably identify a person, and products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, and whether or not marked, designated, or otherwise identified as “confidential.” Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or 32 - Page 2 of 17 - (d) independently developed by the receiving Party without reference to or use of the disclosing Party’s Confidential Information. d. “City's Data” means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of the City or an Authorized User through the Services, including, without limitation, the City's meter data and other energy data related to the City's facilities located in the State of Montana. This information, data, and content may also include that which is considered Confidential Information. e. “Data Incident” means a breach of the City or the Provider’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the City’s Data through the Services licensed to the City by the Provider. f. “Documentation” means Provider’s user manuals, handbooks, and guides relating to the Services provided by Provider to the City either electronically or in hard copy form/end user documentation relating to the Services. g. “Intellectual Property Rights” or “IP Rights” means any and all rights that may exist under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, whether or not such rights are registered or perfected. h. “Provider IP” means the Services, the Documentation, and any and all intellectual property provided to the City or any Authorized User in connection with the foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics and any information, data, or other content derived from Provider’s monitoring of the City's access to or use of the Services, but does not include the City's Data. i. “Services” means the on premise software-as-a-service license described in the Scope of Services. See attached Exhibit A. 2. Purpose. City agrees to enter into this Agreement with Provider to perform for the City the Services described in the Scope of Services, incorporated into this Agreement and attached as Exhibit A. 3. Term and Termination. a. Term. The initial term of this Agreement begins on the Effective Date and, unless terminated earlier pursuant to this Agreement’s express provisions, will continue in effect for twelve (12) months from such date (the “Initial Term”). This Agreement will automatically renew for additional successive one (1) year terms unless earlier terminated pursuant to this Agreement’s express provisions. The Parties may extend this Agreement for three (3) additional one (1) year terms. b. Notice of Non-Renewal. A Party to this Agreement gives the other Party written notice of non-renewal at least thirty (30) days prior to the expiration of the then- 33 - Page 3 of 17 - current term (each a “Renewal Term” and together with the Initial Term, the “Term”). c. Termination. i. Provider may terminate this Agreement, effective on written notice to the City if the City: 1) fails to pay any amount when due hereunder, and such failure continues more than sixty (60) days after Provider’s delivery of written notice thereof; or 2) breaches any of its obligations under Paragraph 6 of this Agreement ii. Any Party to this Agreement may terminate their obligations under this Agreement, effective on written notice to the other Parties, if another Party materially breaches this Agreement, and such breach: 1) is incapable of cure; or 2) being capable of cure, remains uncured sixty (60) days after the non-breaching Party provides the breaching Party with written notice of such breach; or iii. Any Party to this Agreement may terminate this Agreement, effective immediately upon written notice to the other Parties, if the other Party: 1) becomes insolvent or is generally unable to pay or fails to pay its debts as they become due; 2) files or has filed against it a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; 3) makes or seeks to make a general assignment for the benefit of its creditors; or 4) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. d. Expiration. Provider must notify the City 90 days in advance of this Agreement’s expiration date. e. Effect of Expiration or Termination. No expiration or termination will affect the City's obligation to pay all Fees that may have become due before such expiration or termination or entitle the City to any refund. f. Effects of Termination for Convenience. Either party may terminate this Agreement for their convenience upon 45 day written Notice of Termination for Convenience. If this Agreement is terminated for convenience (i) the rights granted b to City will cease and City will no longer have the right to utilize the services; and (ii) after a reasonable period of time, Provider will delete any Customer Data relating to City’s account. Should termination for convenience occur, see Section 27(m) regarding survival. 4. Scope of Services. Provider must 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, this 34 - Page 4 of 17 - Agreement governs. Provider agrees to be bound by its responses to the City’s Cloud Questionnaires, incorporated into and attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Provider’s performance. 5. Access and Use. a. Provision of Access to Services. Subject to and conditioned on the City's payment of fees and compliance with the terms and conditions of this Agreement, Provider grants the City a non-exclusive, non-transferable license to the Services during the Term. This license to the Services is solely for use by the City and its Authorized Users and must be accessed and used in accordance with the terms and conditions set forth in this Agreement. Unless otherwise agreed upon and detailed in the Scope of Services, such access and use is limited to the City's internal use. If applicable, Provider must provide to the City the necessary passwords and network links or connections to allow the City to access the Services. b. Documentation License. Subject to the terms and conditions contained in this Agreement, Provider grants to the City a non-exclusive, non-sublicensable, non- transferable license to use the Documentation during the Term solely for the City's internal business purposes in connection with its use of the Services. c. Designated Authorized Users. The City may designate the number of Authorized Users permitted to access the Services. d. Reservation of Rights. Provider reserves all rights not expressly granted to the City in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to the City or any third party any intellectual property rights or other right, title, or interest in or to the Provider IP. e. Suspension. Notwithstanding anything to the contrary in this Agreement, Provider may temporarily suspend the City's and any Authorized User’s access to any portion or all of the Services if: i. Provider reasonably determines 1) there is a threat or attack on any of the Provider IP; 2) the City's or any Authorized User’s use of the Provider IP disrupts or poses a security risk to the Provider IP or to any other Customer or vendor of Provider; 3) the City, or any Authorized User, are using the Provider IP for fraudulent or illegal activities; or 4) Provider’s provision of the Services to the City or any Authorized User is prohibited by applicable law; ii. any vendor of Provider has suspended or terminated Provider’s access to or use of any third-party services or products required to enable the City to access the Services; or 35 - Page 5 of 17 - iii. in accordance with Section 5(a)(iii) (any such suspension described in sub- section (i), (ii), or (iii), a “Service Suspension”). Provider must use commercially reasonable efforts to provide written notice within five (5) business days prior to any planned Service Suspension to the City and provide updates regarding resumption of Services following any Service Suspension. Provider must use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Provider may be subject to liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that the City or any Authorized User may incur as a result of a Service Suspension. f. Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Provider may monitor the City's use of the Services, and collect and compile Aggregated Statistics. As between Provider and the City, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider. The City acknowledges that Provider may compile Aggregated Statistics based on the City's Data input into the Services. The City agrees that Provider may: 1) make Aggregated Statistics publicly available in compliance with applicable law, and 2) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify the City or the City's Confidential Information. 6. The City's Responsibilities. a. The City is responsible for all uses of the Services and Documentation resulting from access provided by the City, directly or indirectly. The City must use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Services, and must cause Authorized Users to comply with such provisions. b. Unless otherwise agreed, the City is responsible for creating and modifying its data into the Services, and keeping the City’s data into the Services current and accurate. c. The City must reasonably cooperate with Provider’s performance of Professional Services. The City recognizes and agrees that performance of Professional Services is contingent upon the City’s cooperation and as set forth in Paragraph 7. d. The City may test the Provider’s Services in a live production environment to ensure that it conforms to the specifications set forth in this Agreement and all Exhibits. Upon acceptance, the City must pay the Provider in accordance with the Scope of Services. See attached Exhibit A. If the City determines that the Services do not meet the specifications set forth in this Agreement and all Exhibits, upon 60 days of receiving written notice of such deficiencies, the City may terminate this Agreement if the Provider does not cure the deficiencies. Provider must refund the City all sums already paid within five (5) business days. Such termination and refund does not bar the City from pursuing other remedies available under the Agreement or law. 36 - Page 6 of 17 - 7. Provider’s Obligations. To induce the City to enter into this Agreement, Provider makes the following representations: a. Provider has familiarized itself with the nature and extent of this Agreement, all exhibits including but not limited to the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Provider represents and warrants to the City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement must not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. c. Provider must ensure the Services delivered under this Agreement are adequately secure, and must provide a secure environment for all of the City’s Confidential Information, which may include, but is not limited to any hardware and software (including servers, network and data components) to be provided or used by the Provider as part of its performance under this Agreement. Provider represents that the security measures it takes in performance of its obligations under this Agreement are, and at all times will remain in compliance with all applicable laws and regulations governing Provider’s access to, use of, and handling of the City’s Data. d. If Provider creates a new version of the Services, it must make the new version available to the City at no additional cost. Provider must also provide the City with any additional features or functionalities of the Services that it may develop at no additional cost to the City. e. In the event that Provider is acquired by another company, Provider is required to notify the City in writing of such acquisition no late than sixty (60) days prior to the acquisition. Provider’s notice must include language where the City can opt in or out of continuing Services with the acquiring company. Should the City opt in to continue Services with the acquiring company, Provider must assume all responsibility in ensure the secure migration and transfer of the City’s data. 8. Security. Provider must provide a secure environment for all of the City’s Confidential Information and any hardware and Software (including servers, network and data components) to be provided or used by Provider as part of its performance under this Agreement. Provider represents that the security measures it takes in performance of its obligations under this Agreement are, and will at all times remain in agreement with the industry’s minimum standards. 37 - Page 7 of 17 - Provider’s failure to comply with the industry’s minimum standards in fulfilling its obligations under this Agreement constitutes a breach of this Agreement. Additionally, Provider must contractually require any subcontractors or agents with access to the City’s Confidential Information to adhere to such Security Best Practices. 9. Indemnity/Waiver of Claims/Insurance. For other than professional services rendered, to the fullest extent permitted by law, Provider agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Provider; or (ii) any negligent, reckless, or intentional misconduct of any of the Provider’s agents. For the professional services rendered, to the fullest extent permitted by law, Provider agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Provider or Provider’s agents or employees. Such obligations must not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Provider’s indemnity under this Section must be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Provider to assert its right to defense or indemnification under this Agreement or under the Provider’s applicable insurance policies required below, the City must be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Provider was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Provider also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. 38 - Page 8 of 17 - These obligations must survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Provider must at Provider’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Provider in this Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed by the Provider in this Section. The insurance must cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Provider must furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident;  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate; and  Cyber Liability - $2,000,000 per occurrence; $2,000,000 annual aggregate. The above amounts must be exclusive of defense costs. The City must be endorsed as an additional insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, Automobile Liability, and Cyber Liability policies. The insurance and required endorsements must be in a form suitable to City and must include no less than a thirty (30) day notice of cancellation or non-renewal. Provider must notify City within two (2) business days of Provider’s receipt of notice that any required insurance coverage will be terminated or Provider’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Provider commencing work. 10. Audit Right. Provider must retain a certified public accounting firm to perform an annual audit of the Services’ data protection features and to provide a SOC 2 Type II report, pursuant to the current standards of the American Institute of Certified Public Accountants. In addition, Provider must annually conduct its own internal security audit and address security gaps. Provider must give the City a copy of the most current report from each audit conducted within five (5) business days of receiving the report. If requested by the City, Provider must, on a bi-annual basis, permit security reviews by the City on those systems storing or processing City Data, on Provider policies and procedures relating to the foregoing, including without limitation its information security programs, and permit testing of all security processes and procedures during the term, including without limitation, penetration testing. 39 - Page 9 of 17 - Provider or its nominee (including its accountants and auditors) may, on reasonable request, inspect and audit the City's use of the Services under this Agreement at any time during the Term. The City must make available all books, records, equipment, information, and personnel, and provide all such cooperation and assistance, as may reasonably be requested by or on behalf of Provider with respect to such audit. 11. General Use Restrictions. Copies of the Services created or transferred pursuant to this Agreement are licensed and may only be used as set forth in this Agreement. The City does not receive any rights to the Services other than those specifically granted in this Agreement and its incorporated exhibits. Other than what is expressly permitted by the terms of this Agreement, the City and its authorized users must not directly or indirectly copy or reproduce all or any part of the Services, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization, without Provider’s prior written permission. However, the results of the Services delivered to City in the form delivered to City, including all reports, technical communications, drawings, records, charts, or other materials originated or prepared by Provider for the City in performing the Services (all of the foregoing, collectively, the “Work Product”) shall be the property of the City, and Provider hereby assigns all rights to such Work Product to the City. Further, the City has the right to reproduce and distribute any of the Services generated from the City’s Data. Without limiting the above restriction and right, the City receives no right to and must not: a. copy, modify, create derivative works from, distribute, publicly display, or publicly perform the Application; b. sublicense or otherwise transfer any of the rights granted to it in this Agreement and the Scope of Services; c. reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the Application; d. remove any proprietary notices from the Services or Documentation; or e. use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. 12. Independent Contractor Status/Labor Relations. The Parties agree that Provider is an independent contractor for purposes of this Agreement and is not considered a City employee for any purpose. Provider is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Provider is not authorized to represent the City or otherwise bind the City in any dealings between Provider and any third parties. 13. Resources and Support. Provider must, throughout the Term, make available such resources, including Provider personnel, as are reasonably required to: 40 - Page 10 of 17 - a. train designated employee(s) of the City in the use of the Services; b. support the obligations of the City provided in Paragraph 6; c. develop modifications to the Services as agreed to by the Parties in any exhibit attached to this Agreement; and d. Provider must provide technical support to the City as described in Exhibit A, Scope of Services, for the duration of this Agreement. 14. Transition Assistance. The Provider must provide transition assistance to the City when requested in writing. Upon termination of this Agreement for any reason, including but not limited to termination for cause, the Provider must assist the City in the orderly transition to a new Provider. The City must have access to the Provider’s system and the Provider’s support of that system for up to one (1) year following termination. In this instance, for up to one (1) year following termination, the City must pay the Provider at its then-current hourly rate(s). The Provider grants the City a perpetual right to use the Application and Object Code if any one of the following occurs: (a) Provider’s insolvency, bankruptcy, or involvement in an involuntary proceeding for protection of its creditors; (b) Provider materially breaches this Agreement and the City terminates the Agreement; (c) Provider fails to continue development of the Services; (d) Provider fails to provide the City with the most recent version of the Services contained in the Application; or (e) any other circumstance whereby Provider can no longer satisfy its obligation to provide Services to the State under this Agreement. 15. Limitation of Liability. The Provider's liability for contract damages is limited to direct damages. The Provider must not be liable for special, incidental, consequential, punitive, or indirect damages. Damages caused by injury to persons or tangible property, or arising from any Provider indemnification under this Agreement, are not subject to a cap on the amount of damages. 16. Fees and Payment. Fees. The City must pay Provider the fees and make all payments as set forth in the Scope of Services, without offset or deduction. See attached Exhibit A. Any alteration or deviation from the described Services that involves additional costs above the Agreement amount will be performed by Provider only upon receiving a written request from the City. Any alteration or deviation from the Services will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing before Provider bills for any additional charges. All Fees and other amounts payable by the City under this Agreement are exclusive of taxes and similar assessments. The City is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by the City as set forth in this Agreement, other than any taxes imposed on Provider’s income. 17. Confidential Information. 41 - Page 11 of 17 - a. From time to time during the Term, a Party to this Agreement may disclose or make available to the other Party Confidential Information, as defined in Section 1 of this Agreement, about its business affairs. The receiving Party must not disclose the disclosing Party’s Confidential Information to any person or entity, except to the receiving Party’s Authorized Users who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations established in this Agreement. b. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required: i. in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order must first have given written notice to the other Party; ii. to establish a Party’s rights under this Agreement, including to make required court filings; or iii. to any Authorized User who may need to access Confidential Information in order to facilitate or execute the purpose of this Agreement. c. Unless otherwise required by law, each Party must not disclose Confidential Information to any other third party not otherwise identified in this agreement without the other Party’s prior written consent. Each Party’s obligations of non- disclosure with regard to Confidential Information are effective as of the Effective Date, and survive this Agreement and do not terminate. However, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. d. Each Party must protect Confidential Information with the same degree of care it uses to protect its own Confidential Information with of similar nature and importance, but with no less than reasonable care. Each Party agrees to promptly notify the other Party if there is a misuse or misappropriation of Confidential Information. 18. Intellectual Property Ownership; Feedback. a. Provider IP. The City acknowledges that, as between the City and Provider, Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP. b. The City's Data. Provider acknowledges that, as between Provider and the City, the City owns all right, title, and interest, including all intellectual property rights, in and to the City's Data. The City grants to Provider a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the City's 42 - Page 12 of 17 - Data and perform all acts with respect to the City's Data as may be necessary for Provider to provide the Services to the City. The City also grants to Provider a non- exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display the City's Data incorporated within the Aggregated Statistics. Unless the City provides written consent, Provider must not access or use the City’s Data for any other purpose than as described in this Agreement. c. Feedback. If the City or any of its Authorized Users sends or transmits any communications or materials to Provider by mail, email, telephone, or otherwise, suggesting or recommending changes to the Provider IP, including without limitation, new features or related functionality, or any comments, questions, suggestions, or the like (“Feedback”), Provider may use the City’s Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. The City retains all right, title, and interest in the Feedback. 19. Data Location. Provider must not transfer the City’s Data outside of United States or the Provider’s location as identified in the first paragraph of this Agreement unless it receives the City’s prior written consent or unless the transfer is to the Provider’s data center and such transfer is necessary for the execution of the Services. 20. Access to Data. The City may access and copy any of the City’s Data in Provider’s possession at any time. Provider must reasonably facilitate such access and copying promptly after Customer’s request. In this instance, Provider may charge its reasonable standard fees for any such access and copying or for any fees related to the de-conversion of data. 21. Deletion of Data. Except as authorized by applicable law, Provider must not erase the City’s Data or any copy without the City’s prior written consent. 22. Data Incidents. Provider must implement and maintain a program for managing unauthorized disclosure of, access to, or use of the City’s Data. In case of a Data Incident, Provider must notify the City, in writing or by phone, within 48-hours of the incident. Provider must cooperate with the City and law enforcement agencies to investigate and resolve the Data Incident, including but not limited to providing reasonable assistance to the City in notifying injured third parties. In addition, if the Data Incident results from Provider’s breach of this Agreement or negligent or unauthorized act or omission, Provider must compensate the City for any reasonable expense related to notification of customers and provide one year of credit monitoring to any affected individual. Provider must give the City prompt access to such records related to a Data Incident. 23. Functional Warranty. Provider warrants that the Application and Services, including any modifications that are made by Provider or under Provider’s instructions do not contain any material defects, and will conform in all material respects to the specifications, functions, descriptions, standards and criteria set forth in the Agreement, its Exhibits, and the Documentation, which are all incorporated herein by reference. Provider further warrants that all post-Acceptance updates, alterations, or modifications to the Services will not materially diminish the features or functionality of the Application and Services. Provider must promptly correct any 43 - Page 13 of 17 - errors identified by the City in the Application and in any modification to the Application at no cost to the City. If, Provider is unable to correct such errors within 30 days following notification by the City, then Provider must at the City’s request accept return of the Application and return all money paid for the Application and maintenance. The City may also pursue any other remedies available to it under this Agreement or by law or equity. 24. Virus Warranty. Provider warrants that it has used commercially reasonable efforts to ensure against introduction of any virus into the City’s systems. Provider must immediately advise the City, in writing, upon reasonable suspicion or actual knowledge that the Services may contain a Virus. If a Virus is found to have been introduced into the City’s systems by the Services within 30 days after the Effective Date of this Agreement, Provider must repair or replace the Services within ten (10) business days. If Provider cannot accomplish the foregoing within such time, then the City must discontinue use of the Services, and Provider must refund all money paid for the Services and maintenance as set forth in the Scope of Services. See Exhibit A. Provider must use all reasonable commercial efforts, at no additional charge, to assist the City in reducing the effects of the Virus and, if the Virus causes a loss of operational efficiency or loss of data, to assist the City to the same extent to mitigate and restore such losses. In addition, Provider must indemnify, defend and hold the City harmless from any claims, suits, damages, liabilities, losses, and reasonable attorney fees resulting from any such Viruses. The limitation of liability described in Paragraph 15 does not apply to this indemnification obligation. 25. Remedy for When Services are Subject of a Claim. If any Services furnished are likely to or does become the subject of a claim of infringement of a third party’s IP Rights, then the Provider may request the City accept an alternative Service and the City may agree to one of the following alternative Services: 1) procure for the City the right to continue using the alleged infringing Services; 2) modify the Service so that it becomes non-infringing; 3) or replace it with one that is at least functionally equivalent. If the Provider is unable to any of the above three remedies, or if the use of the Services by the City is prohibited by an injunction, temporary restraining order, or other court order, the City must return the Services to the Provider within five (5) days of receiving Provider’s request in writing. The Provider must then give the City a credit equal to the amount paid to the Provider for the creation of the Services. The City is not precluded from seeking other remedies available agreed upon in this Agreement or in equity or law for any damages it may sustain due to its inability to continue using the Services. The Limitations of Liability set forth in Paragraph 15 of this Agreement does not apply to Provider’s obligations under this Section and the City’s right to seek additional remedies arising from Provider’s ‘infringement of a third party’s IP Rights. 26. Representatives and Notices. a. City’s Representative. The City’s Representative for the purpose of this Agreement must be _________________ or such other individual as City must designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to the City’s Representative and approvals or authorizations must be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Provider may direct its communication or submission to other 44 - Page 14 of 17 - designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Provider’s Representative. The Provider’s Representative for the purpose of this Agreement must be Nickolas Del Pego, CEO, or such other individual as Provider must designate in writing. Whenever direction to or communication with Provider is required by this Agreement, such direction or communication must be directed to Provider’s Representative; provided, however, that in exigent circumstances when Provider’s Representative is not available, City may direct its direction or communication to other designated Provider personnel or agents. c. Notices. All notices required by this Agreement must be in writing and must be provided to the Representatives named in this Section. Notices must be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 27. Miscellaneous. a. Entire Agreement. This Agreement, together with any other documents incorporated herein by reference and all related Exhibits, including the Cloud Services Questions, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of this Agreement, the related Exhibits, and any other documents incorporated herein by reference, the following order of precedence governs: 1) this Agreement, excluding its Exhibits; 2) the Exhibits to this Agreement as of the Effective Date; and 3) any other documents incorporated herein by reference. b. Permits. Provider must provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. c. Laws and Regulations. Provider must comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 45 - Page 15 of 17 - d. Nondiscrimination and Equal Pay. Provider agrees that all hiring by Provider of persons performing this Agreement must be on the basis of merit and qualifications. Provider will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Provider will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. Provider must be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Provider represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Provider must report to the City any violations of the Montana Equal Pay Act that Provider has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Provider must require these nondiscrimination terms of its subcontractors providing services under this Agreement. e. Force Majeure. In no event must a Party to this Agreement be liable to another Party, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond one Party’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo. f. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training. Provider must not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Provider acknowledges it is aware of and must comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. The City must have the right to request proof of such compliance and Provider must be obligated to furnish such proof. The Provider must be responsible for instructing and training the Provider’s employees and agents in proper and specified work methods and procedures. The Provider must provide continuous inspection and supervision of the work performed. The Provider is responsible for instructing its employees and agents in safe work practices. 46 - Page 16 of 17 - g. Modification and Assignability. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Provider may not subcontract or assign Provider’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. h. Reports/Accountability/Public Information. Provider agrees to develop and/or provide documentation as requested by the City demonstrating Provider’s compliance with the requirements of this Agreement. Provider must allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Provider pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Provider must not issue any statements, releases or information for public dissemination without prior approval of the City. i. Non-Waiver. A waiver by either Party of any default or breach by the other Party of any terms or conditions of this Agreement does not limit the other Party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. j. Attorney’s Fees and Costs. In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice must be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. k. Taxes. Provider is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. l. Dispute Resolution. i. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives must be resolved first by negotiation between senior-level personnel from each Party duly authorized to execute settlement agreements. Upon mutual agreement of the Parties, the Parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. ii. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. m. Survival. Provider’s indemnification must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 47 - Page 17 of 17 - n. Headings. The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. o. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance thereof must continue in effect. p. Applicable Law. The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. q. Binding Effect. This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. r. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. s. Integration. This Agreement and all Exhibits attached hereto constitute the entire agreement of the Parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the Parties. There are no understandings between the Parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. t. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. u. Consent to Electronic Signatures. The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date. PROVIDER City of Bozeman By:_______________________________ Name: ____________________________ Title: _____________________________ By:_______________________________ Name: ____________________________ Title: _____________________________ 48 Deckard Scope of Services Page 1 of 4 EXHIBIT A SCOPE OF SERVICES 1.Short Term Rental Service. Client desires to engage Deckard to use the Rentalscape Platform to prepare real estate property data for short-term rentals (“STRs”) on all identifiable properties within the City of Bozeman in the State of Montana based upon publicly available data and such other data relevant to the Designated Geography to be provided to the client by Deckard (reports accessible from Rentalscape). The Reports shall include at a minimum: 1.1. Information on STRs currently active in the Designated Geography; 1.2. The aggregate revenue from actively listed bookings; 1.3. The average number of nights booked per reservation; 1.4. The major platforms used by STR hosts; 1.5. Average daily rates; 1.6. Booking trends during the Reporting Period; 1.7. Identify, by address, the following violations of STR ordinances within the Designated Geography; 1.7.1. Listings or advertisements that do not include an STR permit number; 1.7.2. Listings or advertisements that represent or offer occupancy in excess of the occupancy maximums in the Designated Geography; 1.7.3. Properties advertised as STRs that are only permitted as long-term rentals; and 1.7.4. Properties advertised as a type of STR that is not permitted in the zoning district. 1.8. Identify the actively listed STRs by month and address; 1.9. The total number of properties actively listed in the Designated Geography each month during the Reporting Period; 1.10. List the property owners; and 1.11. List the permit history of each property offering STRs in the Designated Geography. 49 Deckard Scope of Services Page 2 of 4 2. Implementation, Migration and Training. 2.1. Deckard will migrate all data from the City of Bozeman’s current solution, Granicus Host Compliance which exists at the time of go live into the Rentalscape Platform. This migration typically will take up to 4 weeks once started. 2.2. Through User Acceptance Testing, the City of Bozeman will have the chance to sign off on functionality of the system prior to go live. 2.3. Deckard will train City of Bozeman staff prior to go live on the system including all front-end and back-end functions of the system. The system includes unlimited user access and end-user training. 2.4. The system will be configured to match the City of Bozeman’s ordinance and zoning districts, and will be capable of flagging violations following the City’s rules as noted in 1.7 above. 2.5. Onboarding Timeline. 2.5.1. Program Kickoff: At the City’s convenience within 1-2 weeks of contract signing. 2.5.2. Onboarding and Training: At the City’s convenience and upon receipt of permit data. This is typically done 1-2 weeks from kickoff. 2.5.3. Initial Identification and Verification of Short-Term Rentals: Estimated completion time of 4 weeks from contract signing. This timeline corresponds with sections 5.1 and 5.2 below. 2.5.4. Outreach Campaign: Recommended to be started after current data is migrated into Rentalscape and Registration Portal is completed, to allow unlicensed STR owners to achieve compliance. Estimated completion is 1-2 weeks from approval of Outreach Campaign letter from the City. This timeline corresponds with section 5.3 below. 2.5.5. Registration Portal: Estimated completion of 6-8 weeks from the time the City returns the required documents for Deckard Technologies to configure the Registration Portal. This timeline corresponds with section 5.4 below. 2.5.6. Online Complaint Form: Estimated completion time of 4 weeks from contract signing. This timeline corresponds with section 5.6 below. 2.5.7. 24-Hour Hotline: Estimated completion time of 4-6 weeks from contract signing. This timeline corresponds with section 5.7 below. 3. Designated Geography. Entire City Limits of the City of Bozeman 4. Reporting Period. Reports available in the Rentalscape Platform via real-time dashboard and on-demand dynamic reporting throughout the year. 50 Deckard Scope of Services Page 3 of 4 5. Fees; Payments. 5.1.       Annual Software Subscription: $13,750 (compliance monitoring and rental activity based on $25 per property that is listed in Rentalscape as an identified STR). We approximate 550 properties by the end of year one as being monitored in Rentalscape.  Should the number of properties exceed the approximations, this increase will be included in the Maximum Price and not subject to additional fees in the first year. These increases may be reflected in years 2 and beyond. 5.2.       Ongoing Property Address Identification: $0 (included in price of 5.1). Ongoing mining of new STR listings and the address identification for those listings. 5.3.      Outreach Campaign: $5,000 annually. Three letter campaign to inform and encourage property owners to become compliant with the City’s permit process. Deckard will send all identified owners/hosts one introductory letter and two additional escalation letters. All letter templates will receive City approval before sending. 5.4.      STR Registration/Licensing Portal: $5,500 annually. Deckard will configure and host an online portal as part of the Rentalscape Platform to include the following at a minimum: 5.4.1 Intuitive online application portal with fields configured to the City’s needs to allow applicants to submit STR permit applications and renewals, upload necessary documentation and make online fee payment to the City; 5.4.2 Stripe payment interface with daily reporting to City of Bozeman Finance Department; 5.4.3 Delinquent payments will be pursued via reminder emails to the delinquent applicants; 5.4.4 Permit review tracking to allow multiple contiguous or concurrent City staff review activities including sign off options such as done/complete, hold and denied; 5.4.5 Rentalscape Platform shall report permit status for all properties, with real- time updates such as “under review,” “incomplete,” “on hold,” “approved,” “denied” and “expired;” 5.4.6 Daily reports on new and modified permits; and 5.4.7 Generate a permit which an applicant can print. 5.5. Optional Expert Services upon Request by the City/County are available at $250 per hour. 5.6.      Online Complaint Form: $2,000 annually.  Host an online complaint form for the City that alerts these complaints to Code Enforcement through the Rentalscape platform. 51 Deckard Scope of Services Page 4 of 4 5.7.      24/7 Live Hotline. $3500 annually. Live answered Hotline that can dispatch to responsible parties depending on identified call flow. 5.8.      Maximum Price:  In no event will the total subscription fees in the first year exceed $29,750 5.9.      Timing:  Client will pay the annual subscription fees within 30 days of receipt of invoices from Deckard. 5.10. Payments for initial contract will be made at the following milestones: a. 1/3 at start of project; b. 1/3 at completion of migration of data from current system; and c. 1/3 at go live. 6. Records. All letters and emails sent to applicants through the Rentalscape Platform or as part of the Outreach Campaign, in addition to all permits issued, permit activity and sign- offs tracked in the registration portal, and data reported shall be retained and available for viewing and export by the City until termination of the SaaS agreement. In the event of termination, the City and Deckard shall agree on a reasonable amount of time for such data and documents to be retained to allow for transfer to the City. 52 Memorandum REPORT TO:City Commission FROM:Melissa Hodnett, Finance Director John Alston, Utility Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with FCS Group for Utility Rate Consulting Services MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with FCS Group for utility rate consulting services. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: The City issued a request for proposals for a Utility Rate Consultant of record in August 2023. Five proposals were received and scored in accordance with the City's procurement policy, and FCS group was selected. The contract is proposed for a five-year period. UNRESOLVED ISSUES:None ALTERNATIVES:A contract with a rate consultant is critical to ensure revenue adequacy for City utilities and to ensure that appropriate cost of service is applied to different rate classes. FISCAL EFFECTS:The contract amount will be paid for using adopted budgets in the Utility funds. Attachments: PSA-Rate Consultant-2023-FINAL.docx Scope of Services-ExhibitA.docx Report compiled on: January 11, 2023 53 Professional Services Agreement for Utility Rate Consulting Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA,a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, ____________, _______________, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2.Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the _____ day of ______________, 202_, unless earlier terminated in accordance with this Agreement. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the 54 Professional Services Agreement for Utility Rate Consulting Page 2 of 11 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 55 Professional Services Agreement for Utility Rate Consulting Page 3 of 11 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligationsshall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of 56 Professional Services Agreement for Utility Rate Consulting Page 4 of 11 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. If the Client makes changes to FCS GROUP work product without authorization of FCS GROUP the indemnity provisions shall not require FCS GROUP to defend or indemnify the Client against any action that arises from the unauthorized changes to FCS GROUP work product. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractorshall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 57 Professional Services Agreement for Utility Rate Consulting Page 5 of 11 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 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 58 Professional Services Agreement for Utility Rate Consulting Page 6 of 11 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 Melissa Hodnett, Finance Director or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writingand may receive approvals or authorization from such persons. 59 Professional Services Agreement for Utility Rate Consulting Page 7 of 11 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.Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by the City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success Criteria and 60 Professional Services Agreement for Utility Rate Consulting Page 8 of 11 Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG), The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. 61 Professional Services Agreement for Utility Rate Consulting Page 9 of 11 The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level 62 Professional Services Agreement for Utility Rate Consulting Page 10 of 11 personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28.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. 29.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31.Consent to Electronic Signatures: The Parties have consented to execute this 63 Professional Services Agreement for Utility Rate Consulting Page 11 of 11 Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 32.Extensions:this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __________________________. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 64 PSA between City of Bozeman and FCS Group Scope of Services Page 1 of 4 Page 1of 4 I.SCOPE OF SERVICES The City of Bozeman is seeking proposals from qualified firms to provide water/sewer/stormwater rate consulting services for the next five years. The successful firm will be expected to perform all of the normal duties associated with providing advice and consultation on all of the City’s water/sewer/stormwater rate issues during the contract period, including, but not limited to, specific rate studies, review and advice on rate modeling and rate model maintenance, develop financial plans, develop new models if requested, and conduct cost of service analyses for Water, Sewer and Stormwater. A task based authorization with a scope of work and proposed fee (either time and materials or fixed fee) shall be negotiated for needed services during the life of the agreement. Specific tasks anticipated include: 1.Utility Rate Models / Rate Design – The City maintains 10-20 year water, sewer and stormwater Utility rate models to determine annual revenue required and associated rate increases. Upon implementation of this contract, the City will need new rate models developed for water, sewer, and stormwater that reflect the current organization of expenses (capital and non-capital) and provide the flexibility to run a variety of funding scenarios as operating and capital expenses change. The consultant will develop the models with guidance from the City’s finance department and provide expert advice and assist the City in updating its rate models as well as model specific scenarios as needed by the City. The City desires new rate models to be ready for CIP input by the end of calendar year 2023. (1)The selected consultant must provide a comparison of current and alternative water ,sewer and stormwater rates from surrounding utilities. i)Specific Issues for Consideration: The selected consultant must develop a utility rate mode by addressing, at a minimum, the followingrequirements: ii)Reporting:structure; Consistency between rate schedules and feeschedules; Consumption/revenue elasticity based on any proposed rate increases/decreases; Cost of Service Analysis(Water , Wastewater& Stormwater)- The City desires to ensure that, to the extent practical, it recovers from each customer the cost of providing service to that customer. The cost of service includes recovery of all operating costs, amounts necessary to maintain reasonable operating reserves after funding operations, debt service, and capital projects. Furthermore, the City desires to ensure that its customer classifications are appropriate and incorporate the costs of water conservation programs into the rate model. The cost of service study will define and separate fixed and variable costs. The study must identify costs to be allocated across all customer classes and those costs that are specific to a class. The most recent cost of service analysis was completed in 2019. Conservation program costs and avoidedcosts; Aid to construction costs from development impactfees; Aid to future supply costs from payment of cash-in-lieu of water rights;and Low income rates andcharges. 65 PSA between City of Bozeman and FCS Group Scope of Services Page 2 of 4 Page 2of 4 iii)Rate Design Investigation: Utility rate modeling, and associated long-range forecasting of revenue and expenses, necessitates careful scrutiny of available data upon which a study is predicated so that the model can be implemented with confidence and with reasonable certainty of fairness and equity. Evaluation of accepted policies, practices and procedures to ensure model reliability, predictability and rate stability over the long term is essential for model usefulness. Accordingly, the selected consultant must meet with City staff to review and discuss available documentation including, but not limited to, utility billing records, historical budget documents and audit reports, resolutions, policies, operation and maintenance practices. iv)Evaluation: Specifically, the selected consultant shall review, analyze, validate the reasonableness, and recommend changes where appropriate for thefollowing: Identify largest users and determine if users are being charged under the appropriate rateschedule. Repair/Replacement Funding Methodology, considering long-term capital improvement needs, debt service opportunities and associated funding sources/levels;and Water Conservation and Water Supply expansion funding, considering best practices adopted by utilities in theregion. (2)The selected consultant must provide a comparison of current and alternative water ,sewer and stormwater rates from surroundingutilities. (3)Analyze and discuss impact of existing and future capital improvements and water supplyacquisition. v)Reporting:service. (4)Analyze existing rate and fee structure and recommend alternatives based on findings. (5)The selected consultant must advise the City on industry-accepted methodologies for allocating costs to the various customer classes. The selected consultant must also provide a breakdown of these expenses and show how they relate to providing waterservices. 2.Cost of Service Analysis (Water , Wastewater & Stormwater)- The City desires to ensure that, to the extent practical, it recovers from each customer the cost of providing service to that customer. The cost of service includes recovery of all operating costs, amounts necessary to maintain reasonable operating reserves after funding operations, debt service, and capital projects. Furthermore, the City desires to ensure that its customer classifications are appropriate and incorporate the costs of water conservation programs into the rate model. The cost of service study will define and separate fixed and variable costs. The study must identify costs to be allocated across all customer classes and those costs that are specific to a class. The most recent cost of service analysis was completed in 2019. (6)Evaluate existing rate structure with regard to changing patterns of consumption, growth in customer base, annual revenues from rates, price 66 PSA between City of Bozeman and FCS Group Scope of Services Page 3 of 4 Page 3of 4 elasticity of consumption, demands on rate revenue (from Cost of Service Study) and the effects of conservation on annual revenues any future water resourcesneeds. (7)Examine adequacy of reserves for operating revenues and capital projects to determine sufficient levels to offset low consumption/revenue years while also reducing spikes in annual rateincreases. (8)Examine the City’s use of debt financing for capital improvements and make recommendations related to its uses and limitations relative to maintaining a proper balance for debt coverage and rate stabilization over this five-year period. (9)The selected consultant must recommend a structure for the proposed rate schedules on the basic premise that each customer should be classified and served under a schedule that will cover all costs of that customer’s service plus return a reasonable margin for proper operating reserves, capital improvements, adequate supplies, and contributions to general administrativecosts. (10)For proposed rate schedules, The selected consultant must provide a sampling of a minimum of three (3) customers per classification showing the differenceof charges between existing and proposed rates. The selected consultant must also show a sampling of data for one calendar year by month for each customer. (11)The selected consultant must provide a comparison of current and alternative water and sewer rates from surroundingutilities. 1.Identify largest users and determine if users are being charged under the appropriate rate schedule. vi) Reporting: The selected consultant must present the findings and conclusions of the tasks in the rate study final report in a clear and concise manner. The report must include detailed recommendations for changes, if any, to current practices and/or procedures. The selected consultant must also provide a schedule for timely and coordinated execution of all essential aspects of the report. A written report supporting the recommendations is required and presentation to management. A summary presentation to the Bozeman City Commission is also required during a regularly scheduled public meeting. Material to support City rate hearings must be included. 3.Cost of Service Analysis (Water & Wastewater)- The City desires to ensure that, to the extent practical, it recovers from each customer the cost of providing service to that customer. The cost of service includes recovery of all operating costs, amounts necessary to maintain reasonable operating reserves after funding operations, debt service, and capital projects. Furthermore, the City desires to ensure that its customer classifications are appropriate and incorporate the costs of water conservation programs into the rate model. The cost of service study will define and separate fixed and variable costs. The 67 study must identify costs to be allocated across all customer classes and those costs that are specific to a class. The most recent cost of service analysis was completed in 2019. i. Planning Criteria (AnticipatedTasks): 1.Review proposed capital improvement plan(s) and total projected project costs; 2.Review financial history, including revenues and expenses, and current rate and fee structure; 3.Develop requisite Revenue Requirement analysis of test period system revenue and expenses as the foundation of the cost of service classanalysis;4.Identify annual and peak requirements and usage by customer class; 5.Examine customer database and review current customer classifications; 6.Identify water conservation related costs and determine appropriate classification of costs; and 7.Identify largest users and determine if users are being charged under the appropriate rateschedule. ii.Reporting: The selected consultant must present the findings and conclusions of each task and resulting recommendations in the cost of service study final report in a clear and concise manner. A written report is required and periodic presentation to management. A summary presentation to the Bozeman City Commission is also required during a regularly scheduled publicmeeting. 4. Master Planning / Public Facility Planning Financial Analysis –Within the five year contract term the City anticipates updating the Water FacilityPlan. The rate consultant must work effectively with consultants contracted to perform these analyses to provide financial information included in the various planning documents. The rate consultant may be asked to work on other master planning or facility planning projects in the five year period. 5. Other on-going consultation – Consultant may be requested to provide expert advice and consultation on various issues related to water/sewer/stormwater rates. Deliverables Deliverables under this contract shall include memos, reports, analyses, rate models, possible other interactive tools and power point presentations where the firm is requested to provide presentations to City Commission or citizen advisory groups and committees. The deliverables may be included in various City reports and presentations, including but not limited to budget documents, financial reports, or City bond documents, statements and continuing disclosure submittals. 68 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Shawn Kohtz, City Engineer Nick Ross, Transportation and Engineering Director SUBJECT:Authorize City Manager to Sign a Professional Services Agreement with HDR Engineering, Inc. for the Valley Center Lift Station and Force Main Project MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign the Professional Services Agreement with HDR Engineering, Inc. for the Valley Center Lift Station and Force Main Project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of the Professional Services Agreement (PSA) with HDR Engineering, Inc. for the Valley Center Lift Station and Force Main Project. The document is in the City’s standard PSA format. These services were procured through the City’s consultant selection process. A Request for Proposals was published in the Bozeman Daily Chronicle on March 5th and March 12th 2023, with the proposals being due on March 24th. Proposals were received from 4 firms on the project which were distributed to a selection committee of 3 city employees. The written proposals were scored by the selection committee, and HDR was selected the most qualified to complete the project. The current contract is for the predesign and preliminary services. In these phases, the appropriate location for the lift station and the route of the force main will be determined. Surveying, geotechnical investigation, some permitting, and the preliminary design of the lift station and force main will be completed at this time. Once this phase is complete and accepted, an amendment will be negotiated to add the final design phase services. This work is pursuant to an amendment to the Wastewater Facility Plan that was approved by City Commission on January 24, 2023. That amendment split the Baxter Creek drainage zone into two zones which allows development to occur west of Davis Lane including an area of dedicated affordable housing development. The project will be paid for using American Rescue Plan Act funds (ARPA). 69 UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:$230,036 to be paid from the Wastewater Fund (WW134). The current CIP has this project budgeted at $3,000,000 in FY24 and $2,200,000 in FY25. A portion of project expenditures will be reimbursed with ARPA funds. Attachments: Valley Center LS and FM Preliminary Design - Professional Services Agreement.pdf Report compiled on: October 18, 2023 70 1 PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of , 2023, between THE CITY OF BOZEMAN, a self- governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 N. Rouse Ave., Bozeman, Montana, 59771 (OWNER) and HDR Engineering, Inc., 2150 Analysis Drive, Suite A, Bozeman, Montana, 59718 (ENGINEER). Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S public works improvement program. Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering services for the project. Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services for this project described in this Agreement. Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the parties agree as follows: ARTICLE 1 - ENGINEERING SERVICES 1.1. The detailed description of the specific project components is described as follows: Valley Center Lift Station and Force Main Preliminary Design 1.2. The scope of services under this contract is set forth in this Agreement and the attached EXHIBIT A “Valley Center Lift Station and Force Main Preliminary Design - Scope of Services” and EXHIBIT B “Valley Center Lift Station and Force Main Preliminary Design – Cost Summary”. ARTICLE 2 - ENGINEER'S RESPONSIBILITIES 2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil and structural engineering services incidental thereto. 2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans, specifications, and recommendations as designated herein. 2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of government, public, and private organizations and shall be authorized to procure information from other authorities as to the extent of these contacts and the results thereof. 2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices. 2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall be Coralynn Revis, PE. 2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the OWNER. The Project Manager shall be Jarrett Moran, PE. The OWNER may name a Task Director who would be the liaison between the ENGINEER and the OWNER during the design segment of the Project. 71 2 2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress reports thereafter until the project is completed. ARTICLE 3 - OWNER'S RESPONSIBILITIES 3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER during DESIGN segment of the Project. The Task Director designated shall be Bob Murray, PE. 3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times. 3.3 The OWNER shall make available all records (record drawings, construction records, etc.) indicating the existing configuration of the city utilities. 3.4 The OWNER will be responsible for advertising bid openings. 3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction progress and other job-related meetings, substantial completion inspections and final payment inspections. ARTICLE 4 - BASIC ENGINEERING SERVICES The ENGINEER shall render professional Engineering Services as follows: 4.1 PRE-DESIGN INVESTIGATION PHASE After written authorization to proceed, ENGINEER shall: 4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data. 4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or services and assist OWNER in obtaining such data or services. 4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 4.1.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 4.1.5. Provide a general economic analysis of OWNER's requirements applicable to various alternatives. 4.1.6 Assist in formation of Special Improvement Districts (SID) by preparing district boundary descriptions and maps, preparing a property owner's and assessments role lists including project assessment costs based on the preliminary project cost estimates, and providing technical information at SID public hearings, if applicable. 4.1.7. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project, including the following which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for Owner. The total of all such costs, allowance, etc. are hereinafter called "Total Project Costs". 72 3 4.1.8. Furnish copies and an electronic copy of the Study and Report documents and review them in person with OWNER. The Pre-design Investigation Phase will be completed and submitted within calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.2 PRELIMINARY DESIGN PHASE After acceptance of the pre-design report and receipt of written authorization to proceed with the Preliminary Design Phase, ENGINEER shall: 4.2.1. In consultation with OWNER determine general scope, extent and character of the Project. 4.2.2. ENGINEER shall then prepare a Preliminary Design Report, preliminary plans and specifications and a written description for the Project. 4.2.3. Preliminary Design Report: Specific items to be addressed in the design report will include, but not be limited to: 4.2.3.1. Summary of construction requirements with appropriate drawings for each task included in the project. 4.2.3.2. Plans for providing water and sewer services for affected properties during construction. 4.2.3.3. Summary geotechnical report for specific tasks, if needed. 4.2.3.4. Special design considerations for Project tasks with conditions not covered in standard construction methods or specifications. 4.2.3.5. A traffic control plan for each project task, if necessary. 4.2.4. Design and Construction Survey: The ENGINEER shall conduct a design field survey of the project areas, as necessary, for locating existing utilities (such as gas, power, telephone, TV cables, water and sewer lines, irrigation facilities, fences, and approach driveways), existing right-of-way and easements, and making measured drawings of or investigating conditions of existing facilities. The ENGINEER shall provide suitable horizontal and vertical reference control points for the construction phase. 4.2.5. Permits and Rights-of-Way: The ENGINEER shall obtain approved permits, licenses, and/or easement agreements from private landowners and any other agencies or entities requiring similar approvals prior to bidding. These approvals will be coordinated with the OWNER and will be made on easement and permit documents approved by the OWNER. Information and easement descriptions provided in the Basic Engineering Services will be based on data available from design surveys and courthouse records. 4.2.6. Geotechnical Explorations and Analysis: The ENGINEER shall conduct such geotechnical explorations and analysis as necessary for project design and bidding. A geotechnical report will be prepared with recommendations relating to conditions pertinent to the design and construction of the Project. Subsurface information will be obtained by reviewing any existing geotechnical data available and using additional backhoe test pits and soil borings as necessary. The ENGINEER shall furnish copies of a geotechnical report as requested to OWNER for use by OWNER and Contractors, and review the results of the report with Contractors in a pre-bid meeting. The report is to be prepared for design purposes; ENGINEER will not be responsible if it is used by others for other purposes. 4.2.7. Preliminary Plans and Specifications. Prepare preliminary construction plans and specifications with information which addresses the special features of each project task. 73 4 4.2.8. Based on the information contained in the preliminary design documents, ENGINEER will submit a revised opinion of probable Total Project Costs to the OWNER. 4.2.9. ENGINEER shall prepare and furnish complete paper and electronic copies of preliminary bidding documents and design report as requested to OWNER and at the same time furnish copies as directed by OWNER to agencies and/or parties having regulatory responsibilities or direct financial participation in any part of the Project; provide any technical criteria, written descriptions and design data necessary for securing permits or approval from authorities having jurisdiction to review and approve the design, and assist owner in securing such approvals; and review documents in person with OWNER and review authorities, and, if necessary, conduct a plan-in-hand site review. All changes agreed to between ENGINEER and OWNER will be noted in a memorandum from the ENGINEER to the OWNER and incorporated into the final plans and specifications. The Preliminary Design Phase will be completed and submitted within 150 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.3 FINAL DESIGN PHASE After written authorization to proceed with the Final Design Phase, ENGINEER shall: 4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs, prepare for incorporation in the Contract Documents final drawings and Technical Specifications of sufficient detail to show the general scope, extent and detailed character of the work to be furnished and performed by the Contractor(s) suitable for use in the project bidding and construction. 4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications. 4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, special provisions, technical specifications, and standard drawings, and other related contract documents in conformance with the latest edition of the Montana Public Works Standard Specifications (MPWSS) and City of Bozeman Modifications to MPWSS adopted by the City of Bozeman. 4.3.4. Furnish OWNER six copies and an electronic copy of the Contract Documents (including design drawings, specifications and contracts). The Final Phase will be complete and submitted within calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.4 BIDDING OR NEGOTIATING PHASE After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall: 4.4.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for construction contract(s) and record prospective bidders to whom Bidding Documents have been issued, receive and process deposits for Bidding Documents and conduct pre-bid conferences. 4.4.2. Provide interpretation or clarification to prospective bidders regarding the Bidding Documents, and issue addenda as appropriate. 4.4.3. Consult with and advise OWNER as to the acceptability of the prime contractor, subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein call "Contractor(s)") for those portions of the work as to which such acceptability is required by the Bidding Documents. 74 5 4.4.4. Consult with OWNER concerning and determine the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents. 4.4.5. Attend the bid opening, prepare bid tabulation, evaluate bids, assess bidders' responsiveness and responsibility and make award recommendation to OWNER. 4.4.6 Facilitate contract award, and the execution and distribution of the contract documents for construction, materials, equipment and services. Furnish Owner two original signature sets of executed contract documents (including design drawings, specifications and contracts). Furnish contractor with one set of original signature executed contract documents and up to three sets of construction documents. 4.5 CONSTRUCTION PHASE The responsibilities of the ENGINEER during the Construction Phase are summarized as follows: 4.5.1. General Administration of Construction Contract. ENGINEER shall consult with and advise OWNER and act as OWNER'S representative as provided in EXHIBIT A - ENGINEER'S STATUS DURING CONSTRUCTION, attached to and made part of this Agreement and may be further provided under the General Conditions of the contract documents. The extent and limitations of the authority, duties, and responsibilities of the ENGINEER on the construction job site as described here-in shall not be modified except as the ENGINEER and OWNER may otherwise agree in writing. All of OWNER's instruction to Contractor(s) will be issued through ENGINEER who will have authority to act on behalf of OWNER to the extent provided in the General Conditions except as otherwise provided in writing. In addition to the services provided under Article 10 (Exhibit A) the ENGINEER shall provide the following services during construction: 4.5.1.1 Schedule and conduct a pre-construction conference. 4.5.1.2 Provide personnel, equipment and supplies for construction layout and control, including establishment of line, grade, and blue top control staking. 4.5.1.3 Review Contractors' construction schedules and operations, and the Contractors' traffic control plans and its implementation prior to the start of construction. 4.5.1.4 Ascertain that the Contractor has secured required permits needed to accomplish his work. 4.5.1.5 Prepare and provide weekly activity and progress reports to the City's Task Director. 4.5.1.6 ENGINEER shall provide OWNER copies of all correspondence between the ENGINEER and Contractor. 4.5.1.7 Issue stop and resume work orders, in whole or in part, when work is not or cannot be performed in accordance with the Contract Documents. 4.5.1.8 Review and approve, for conformance with the project technical specifications all shop drawings, and other Contractor submittals required by the Contract Documents. 4.5.1.9 During construction review Contractors' construction schedules and evaluate conformance and progress under the Contract time provisions. 4.5.1.10 Prepare for OWNER'S approval any plan and specification changes which due to any initial design or engineering deficiencies are required to complete the project original design concept. 75 6 4.5.1.11 Inspect the project and when appropriate, and after conferring with OWNER, issue a Certificate of Substantial Completion to the Contractor. 4.5.1.12 Prior to recommending final payment, schedule and conduct with the OWNER a final project inspection and submit a report to the OWNER documenting any outstanding items or deficiencies requiring correction prior to final payment. Upon satisfactory project completion ENGINEER shall certify in writing to the OWNER, and any required regulatory agencies, that the construction was completed in accordance with the approved plans and specifications and is performing in accordance with the design concept. 4.5.1.13 Twenty-three months after project substantial completion schedule and conduct with the Owner a Two Year Warranty Inspection of the project and advise the owner in writing whether project deficiencies exist and if the project is performing in accordance with the design concept. 4.5.2. Resident Project Representative. ENGINEER shall provide a qualified Resident Project Representative at the job site to provide observation of the work as provided in EXHIBIT B - A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE, attached to and made part of this Agreement. The ENGINEER shall submit to the OWNER, for review and acceptance, the resume of each Resident Project Representative who may be assigned to the job site during the course of the Project not less than 10 calendar days prior to the pre-construction meeting. Any subsequent change in the resident representative shall also be subject to the OWNER'S approval. 4.5.3 Limitations of Responsibilities. ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents; however, nothing contained in this Agreement shall be construed to release ENGINEER from liability for failure to properly perform duties and responsibilities assumed by ENGINEER in the Contract Documents. 4.6. PROJECT DOCUMENTATION ENGINEER shall furnish OWNER with (a) one mylar copy, two paper copies, and an electronic copy of the Project Record Drawings ("As-Builts"), (b) written monthly progress reports, and (c) a project notebook containing such correspondence and documentation as requested by OWNER. 4.7. CONSTRUCTION TESTING The inspection services shall include material testing and verification of contract compliance with job site requirements, plans and specifications. The ENGINEER shall provide and maintain detailed documentation of the following material testing: 1) Concrete strength, air content and slump 2) Embankment, trench backfill, and gravel and pavement densities 3) Aggregate gradations 4) Plant mix strength, flow and asphalt content 76 7 ARTICLE 5 - ADDITIONAL SERVICES 5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as provided in this Agreement: 5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions. 5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those required under Basic Services; preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. 5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER's control. 5.1.4. Providing renderings or models. 5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of- sequence work. 5.1.6. Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as elsewhere herein described. 5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic Services. 5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall perform or obtain from others any of the following Additional Services as circumstances require during construction and without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this Agreement: 5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered. 5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor; and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection with the work. 5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of materials, equipment or energy shortages. 5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or other causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, (4) default by any Contractor. 77 8 ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE 6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under section 4.2 of this Agreement pay a total sum in the amount of $230,036 for such services. 6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.2) shall not exceed the following ceilings: $207,032 (90% of design fee) until the Preliminary Plans and Specifications have been submitted to the OWNER and reviewing authorities. 6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the payment provisions of this Agreement. 6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic services (4.1 through 4.4) and are not separately reimbursable. Additional Services specifically identified under the scope of design services for payment under 6.1 are not separately reimbursable. 6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Construction and project documentation services performed as Basic Engineering Services under sections 4.4 through 4.7 including General Administration of Construction Contract, Resident Project Representation, Project Documentation, and Construction Testing, shall be compensated in accordance with the following: 6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to exceed except as provided under 6.2.1.2 and 6.2.4. 6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's Direct Labor Cost times a factor of for services rendered which shall cover Direct Labor, Direct Labor Overhead, General & Administrative Overhead and Profit. 6.2.1.2 Notification. At any time during the construction that it becomes apparent that the Construction Phase and Project Documentation Services rendered under this Agreement will exceed the negotiated compensation for these services, and prior to performing services in excess of the contract ceiling, the ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the scope and progress of the project work. ENGINEER shall obtain written authorization from OWNER, prior to any additional costs being incurred under paragraph 6.2.1.3. If it is determined that due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled to additional compensation, OWNER and ENGINEER may negotiate terms as provided under 6.2.1.1. The amount and terms of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing pursuant to 9.16. 6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total cost of the original scope Construction Phase and Project Documentation Services exceeds the negotiated compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of the estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor Cost times a factor of for services rendered which shall include Direct Labor, the federally 78 9 audited payroll Direct Labor Overhead, and General & Administrative Overhead costs, but shall not include any allowance for profit. 6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred up to an amount not to exceed $ which includes $ for consultants employed by the Engineer and $ for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit " ". 6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the costs associated with failing quality control tests performed for the OWNER during the course of the construction of the project and recommend an amount the OWNER deduct from the contractor(s) payments. 6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of , or an amount otherwise negotiated at the time such services are requested and approved by the OWNER. ARTICLE 7 - MEANING OF TERMS 7.1 AGREEMENT As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and referred to as if they were part of one and the same document. 7.2 CONSTRUCTION COSTS The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER. 7.3 DIRECT LABOR COSTS Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters, specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs or fringe benefits. For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable Direct Labor Costs are: Principals $ /hour Project Manager $ /hour Senior Engineer $ /hour Staff Engineer $ /hour Senior Technicians $ /hour CADD Drafter $ /hour Technicians $ /hour Construction Inspector $ /hour Two Person Survey Crew $ /hour 79 10 Clerical $ /hour 7.4 REIMBURSABLE EXPENSES Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project-related items; and if authorized in advance by OWNER, overtime work requiring higher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method of payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously established programs and expenses of photographic production techniques. ARTICLE 8 - PAYMENT PROVISIONS 8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceiling provided in 6.1. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the receipt of bill of the dispute. 8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing, and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed separately. 8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre- approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement. ARTICLE 9 - GENERAL CONSIDERATIONS 9.1 TERMINATION OF AGREEMENT 9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER. 9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner, for services or other work performed. The equitable adjustment for any termination shall provide for payment to 80 11 the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to the termination. 9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the ENGINEER in performing this Agreement, whether completed or in process. 9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER prior to said termination shall be delivered to and become the property of the OWNER. 9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to complete the work under this Agreement. 9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law. 9.2 INSPECTION AND AUDIT All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract period and for three years from the date of final payment. 9.3 EMPLOYMENT The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee, working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER. 9.4 NONDISCRIMINATION The ENGINEER agrees that all hiring by ENGINEER of persons performing this Agreement shall be on the basis of merit and qualifications. The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The ENGINEER 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 81 12 disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The ENGINEER 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. ENGINEER 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). ENGINEER 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. ENGINEER shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. 9.5 SUBLETTING OR ASSIGNING OF WORK The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER. 9.6 STANDARD OF CARE In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER’s request, re- perform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The OWNER’s rights herein are in addition to any other remedies the OWNER may have under the law. 9.7 LEGAL RELATIONS: 9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local laws and ordinances applicable to the work to be done. 9.7.2 For claims, causes of action, losses, or damages (collectively, “Claims”) asserted by third-parties and arising out of the performance of professional services by the ENGINEER, the ENGINEER shall indemnify and hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants in the performance of professional services under this Agreement. The ENGINEER’S obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless under this section 9.7.2 does not include a duty to defend. 9.7.3 For Claims asserted by third-parties that do not arise out of the performance of professional services by the ENGINEER, the ENGINEER shall, to the extent covered by the ENGINEER’S insurance, defend, indemnify, and hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants. 82 13 9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or liabilities as are attributable to the ENGINEER’S percent of fault as compared with 100% of the fault giving rise to the damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney’s fees and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. 9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities resulting from intentional misconduct by any officer, director, agent or employee in connection with the work specified in this Agreement, then in that event, that party shall indemnify and hold harmless the other as to any damages, costs or liabilities that result from or arise out of that intentional misconduct, including reasonable attorney’s fees and costs which shall include costs and salary of the city attorney or other in-house counsel. Further, notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to defend OWNER where the OWNER’S alleged liability arises from intentional misconduct by the ENGINEER. Should the OWNER be found responsible for intentional misconduct by its own officer, director, agent or employee, then OWNER agrees to reimburse ENGINEER for the reasonable attorney’s fees and costs incurred in any defense of the OWNER. 9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to worker’s compensation with statutory limits, and unemployment insurance. 9.8 INSURANCE The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an additional insured, to include thirty (30) days notice of cancellation or non-renewal. Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum insurance coverage as follows: 83 14 Type of Coverage Limits Employers' Liability: $ 1,000,000. per accident General Liability: Bodily Injury & Property Damage Single and combined $ 1,000,000. per accident General Aggregate: $ 2,000,000. Excess Liability Coverage (umbrella) $1,000,000. each occurrence Automobile: Bodily Injury covering all $ 1,000,000 each person automobiles, trucks, tractors, trailers, or $ 1,000,000 each occurrence other automotive equip- ment whether owned or rented by Engineer or owned by employees of Engineer. Property Damage covering $ 1,000,000 each occurrence all automobiles, trucks, tractors, trailers or other automotive equipment whether owned or rented by Engineer or owned by employees of Engineer OR Bodily Injury & Property $1,000,000 each occurrence Damage Single and combined In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions coverage as follows: Professional Errors & Omissions: $ 1,000,000 per claim and aggregate each occurrence 84 15 9.9 ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data furnished by him. 9.10 OWNERSHIP OF DOCUMENTS The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by ENGINEER will be at OWNER’s sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER’s independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. 9.11 PUBLIC INFORMATION The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of the OWNER. 9.12 PROPRIETARY RIGHTS If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty-free license to use each invention in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method that may be developed as part of the work described and contemplated herein. 9.13 RECORDS The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the records available at all reasonable times during the Contract term and for one (1) year from the date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by OWNER. 9.14 SUCCESSORS IN INTEREST The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal representatives, successors and assigns of the respective parties. 85 16 9.15 ATTORNEY'S FEES AND COSTS That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or conditions of this Contract 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 to include City Attorney. 9.16 MODIFICATIONS AND AMENDMENTS That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the same manner as this original document and shall after execution become a part of this Contract. 9.17 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. In witness Whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA ENGINEER BY: BY: (City Manager) (President) DATE: DATE: ATTEST: BY: (City Clerk) 86 1 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES ENGINEER'S STATUS DURING CONSTRUCTION This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on , between CITY OF BOZEMAN (OWNER) and (ENGINEER) providing for professional engineering services. ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION 10.1. OWNER’S REPRESENTATIVE ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. 10.2. VISITS TO THE SITE ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER's greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. 10.3. PROJECT REPRESENTATION If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in EXHIBIT B, A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. 10.4. CLARIFICATIONS AND INTERPRETATIONS ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Provisions of the construction Contract Document. 10.5. AUTHORIZED VARIATIONS IN WORK ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as 87 2 to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions of the Construction Contract. 10.6. REJECTING DEFECTIVE WORK ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in the General Provisions of the construction Contract Document whether or not the work is fabricated, installed, or completed. 10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT 10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawing provisions of the General Provisions of the construction Contract Document 10.7.2. The ENGINEER's responsibilities for Change Orders shall comply with the change order provisions of the General Provisions of the construction Contract Document. 10.7.3. The ENGINEER's responsibilities for contractor's Application for Payment shall comply with the payment provisions of the General Provisions of the construction Contract Document. 10.8. DETERMINATIONS FOR UNIT PRICES ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written recommendation thereon (by recommendation of an Application for Payment or otherwise) to OWNER. 10.9. DECISION ON DISPUTES 10.9.1. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be promptly reported and copied to the OWNER. 10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. 88 3 10.10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES 10.10.1. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub-contractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 10.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 4.5.3. 89 1 EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on , between CITY OF BOZEMAN (OWNER) and (ENGINEER) providing for professional engineering services. ARTICLE 11 - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of Contractor. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents and in particular the specific limitations set forth in section 4.5 of the Agreement are applicable. The duties and responsibilities of the RPR are limited to those of ENGINEER in this agreement and in the construction Contract Documents, and are further limited and described as follows: 11.1. GENERAL RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. 11.2. DUTIES AND RESPONSIBILITIES OF RPR 11.2.1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and the project-related meetings, and prepare and circulate copies of minutes thereof. 11.2.3. Liaison: 11.2.3.1. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR. 11.2.3.2. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 90 2 11.2.4. Shop Drawings and Samples: 11.2.4.1. Record date of receipt of Shop Drawings and samples. 11.2.4.2. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. 11.2.4.3. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring Shop Drawing or sample if the submittal has not been approved by ENGINEER. 11.2.5. Review of Work, Rejection of Defective Work, Inspections and Tests: 11.2.5.1. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. 11.2.5.2. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 11.2.5.3. Verify that tests, equipment and systems startup and operating and maintenance training are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startup. 11.2.5.4. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 11.2.6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 11.2.7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 11.2.8. Records: 11.2.8.1. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 11.2.8.2. Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the job site, weather conditions, prime and subcontractor daily work force, daily log of equipment onsite or on standby, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. 91 3 11.2.8.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 11.2.9. Reports: 11.2.9.1. Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 11.2.9.2. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. 11.2.9.3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. 11.2.9.4. Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11.2.11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 11.2.12. Completion: 11.2.12.1. Submit to CONTRACTOR, and ENGINEER a list of observed items requiring completion or correction before ENGINEER may issue a Certificate of Substantial Completion. 11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise ENGINEER on their status, and make recommendation to Engineer regarding issuance of a Certificate of Substantial completion. 11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. 11.2.12.4. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning final acceptance. 11.3. LIMITATIONS OF AUTHORITY Resident Project Representative: 11.3.1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipments, unless authorized by ENGINEER. 11.3.2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. 92 4 11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superintendent. 11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 11.3.6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 11.3.7. Shall not authorize OWNER to occupy the Project in whole or in part. 11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. 93 1 EXHIBIT A CITY OF BOZEMAN, MONTANA VALLEY CENTER LIFT STATION AND FORCE MAIN PROJECT PRELIMINARY DESIGN – SCOPE OF SERVICES Task 100. Project Management 101 Project Startup and Contracts 102 Kickoff and Coordination Meetings/Workshops Objective Manage and control the professional services Contract to provide completion of the project. Subtasks 101 Project Startup and Contracts. Includes project startup and preparing contract agreements with the City and subconsultant. Also includes preparing monthly invoices and progress reports. Progress reports will summarize the work progress to date, the budget expenditures to date, and identify information requirements or decisions that need to be made by the City. 102 Kickoff and Coordination Meetings/Workshops. Conduct a project kickoff meeting with key City staff to establish project goals and objectives, refine the schedule, and establish points of contact and project communication. Conduct monthly meetings with the City, as required, to review project progress, schedule, and budget. Identify information needs and make decisions regarding changes in the scope of the project. Task 100 Deliverables · Project progress reports, budget report, and invoices. · Memoranda and meeting notes, as required. City Involvement · Participate in telephone calls and meetings. · Participate in project meetings. · Review project status reports and approve invoices. · Review and approve modifications to approach, schedule, and deliverables as appropriate. Task 200. Data Collection and Field Work 201 Review Existing Information 202 Survey 203 Geotechnical Investigation 94 2 Objective Collect field data and existing available information necessary to complete the design. Subtasks 201 Review Existing Information. Obtain and provide limited review of existing drawings from City, Montana Department of Transportation (MDT), and private utility companies and compare to what has been located in the field. Provide limited review of existing available information, reports, and studies, including the City of Bozeman Wastewater Collection Facilities Plan (most recent and available version) and the City of Bozeman Wastewater Collection System Baxter Creek Drainage Analysis (2022). 202 Survey (Pioneer Technical Services, Inc.): · Survey Control. Survey control network will be based on the survey vertical datum of NAVD 88 and will cover the Valley Center Lift Station and Force Main Project Area. · Boundary Survey for Valley Center Force Main Route. Perform limited search for property corners and monuments along the proposed force main route adequate to establish the property boundaries. · Update Utility Locates. Utility locates will be requested for the project corridor using the One-Call service. Current available maps will be obtained from utility companies. A field walkthrough along the proposed force main route will be performed to verify the locates with previous drawings and survey additional locate markings as needed. · Topographic Survey of Valley Center Force Main Route. Perform topographic survey of the proposed force main route. The proposed routing extends along East Valley Center Road from the proposed lift station site to the intersection of Davis Lane and East Valley Center Road. · Pothole Existing Utilities. Identify areas to perform subsurface utility potholing along or adjacent to East Valley Center Road. Survey pipe elevations in the field for incorporation into the design. Assumes one (1) day of subsurface utility potholing. 203 Geotechnical Investigation (Pioneer Technical Services, Inc.): Conduct a field evaluation, geotechnical explorations, and analysis as necessary for the project design. Subsurface information and profiles will be obtained through the use of soil borings and existing geotechnical data that may be available. Laboratory tests on soil samples will be conducted to assess engineering soil properties and characteristics for the proposed infrastructure. A geotechnical evaluation report will be prepared with recommendations relating to conditions pertinent to the design and construction of the project. Soil borings will include two (2) borings to a maximum depth of 50’ at the proposed lift station site (geotechnical engineer will evaluate borings in real time to determine final depth dependent upon ground and soil conditions), four (4) borings to 15’ along the proposed force main route, and two (2) borings to 25’ at each identified creek/drainage ditch crossing. Work will also include the installation of up to three (3) piezometers, one (1) located at the proposed lift station site, and two (2) along the proposed force main route, to allow for groundwater monitoring through the spring. 95 3 Task 200 Deliverables · Topographic Survey Base Map. · Geotechnical Evaluation Report. Task 300. Preliminary Design 301 Preliminary Engineering Report 302 Sewer Force Main Alignment Design 303 Hydraulic System Model 304 Preliminary Plans & Specs – Lift Station 305 Preliminary Plans & Specs – Force Main 306 Coordination with Private Utility Companies 307 Coordination with Montana Department of Transportation (MDT) 308 Electrical/SCADA Coordination 309 Submit Preliminary Plans & Specs 310 Quality Control Review 311 Preliminary Design Cost Estimate Objective Complete the preliminary design to meet the requirements of the City and the State of Montana Department of Environmental Quality (DEQ) Circular DEQ-2 Design Standards for Wastewater Facilities. Subtasks 301 Preliminary Engineering Report. Provide a preliminary engineering report for the Valley Center Lift Station and Force Main to develop each component in adequate detail to define the final design. The level of effort for the lift station will be based on three (3) submersible non-clog pumps operated from variable frequency drives and the installation of a standby generator installed within the lift station. Key performance and layout considerations, operating criteria, feasible alternatives, and recommended solutions for each project component will be clearly defined. Equipment options, costs, operational procedures, right-of-way considerations, and electrical and maintenance issues will be clearly defined. One (1) meeting with City staff is assumed to review the recommendations. Submit Preliminary Engineering Report to the City for review. 302 Sewer Force Main Alignment Design. Review depth and alignment of sewer force main route with respect to other utilities and surface features, and to develop recommendation for proposed installation method at the intersection of Davis Lane and East Valley Center Road. 303 Hydraulic System Model. Develop a hydraulic system model of the proposed lift station and force main(s) to verify system hydraulic sizing and operational requirements prior to commencement of preliminary design. 304 Preliminary Plans & Specs – Lift Station. Prepare preliminary plans and specifications for the proposed lift station. One (1) meeting with City staff is assumed to review recommendations. 96 4 305 Preliminary Plans & Specs – Force Main. Prepare preliminary plans and specifications for the proposed sewer force main(s). 306 Coordination with Private Utility Companies. Submit preliminary plans to private utility companies and coordinate with private utility companies on relocation of utilities, supporting of power poles, and other special requirements for crossing or horizontal separation from the force main to the private utilities. 307 Coordination with Montana Department of Transportation (MDT). Permit preparation, development, and discussion with MDT. 308 Electrical/SCADA Coordination. Coordination with the City’s SCADA Manager to confirm telemetry options and telemetry system block diagram. 309 Submit Preliminary Plans & Specs. Submit preliminary plans and specifications to the City for review. 310 Quality Control Review. Provide quality control review of the lift station and force main preliminary plans and specifications. 311 Preliminary Design Cost Estimate. Prepare Class 4 Engineer’s Opinion of Probable Construction Cost with 20-30% contingency included. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. Task 300 Deliverables · Preliminary Engineering Report. · Preliminary Plans and Specifications. · Class 4 Engineer’s Opinion of Probable Construction Cost. Task 300 Assumptions · City will provide requested data. · City will review Preliminary Engineering Report and supporting materials, as needed. · City will review Preliminary Plans and Specifications. · City will review Preliminary Design Cost Estimate. 97 EXHIBIT B CITY OF BOZEMAN, MONTANA VALLEY CENTER LIFT STATION AND FORCE MAIN PROJECT PRELIMINARY DESIGN COST SUMMARY 1 - Project Principal Engineer - Cora Revis3 - Project Manager Engineer - Jarrett Moran2 - Quality Control Reviewer - Dan Harmon4 - Engineer Structural Sr - Chris Yarn5 - Engineer Structural - Ryan Wright6 - Engineer Electrical Sr - Terry Stulc7 - Engineer Electrical - Mark Herzog8 - CADDTechnician Civil 4 - Heather Fancher9 - Architect Project - Donn Hogan10 - Environmental Scientist 3 - Mark Traxler11 - EIT Sanitary - Ted Grover12 - Engineer Transportation Sr - Lisa Fischer13 - Accountant - Paden Kaufman14 - Engineer Mechanical Sr - Shaun NienhueserTotal Budget Task Task Description Status PJM32 PJM13 QCR10 EST30 EST20 EEL30 EEL20 CCI04 ARC20 SEN30 ESA10 ETR30 ACT03 EME30 TOTAL HOURS SUBCONTRACTO R EXPENSES TOTAL COST 101 Project Startup and Contracts . 24 24 48 -$ -$ 7,274$ 102 Kickoff and Coordination Meetings/Workshops . 12 4 16 -$ 400$ 3,258$ Subtotal 0 36 0 0 0 0 0 0 0 0 4 0 24 0 64 -$ 400$ 10,532$ 201 Review Existing Information . 12 4 16 -$ -$ 2,858$ 202 Survey . 12 8 20 7,560$ -$ 11,189$ 203 Geotechnical Investigation . 12 12 23,040$ -$ 25,440$ Subtotal 0 36 0 0 0 0 0 8 0 0 4 0 0 0 48 30,600$ -$ 39,487$ 301 Preliminary Engineering Report . 72 8 24 8 24 32 4 100 4 4 280 -$ 250$ 44,117$ 302 Sewer Force Main Alignment Design . 12 6 4 22 -$ -$ 3,780$ 303 Hydraulic System Model . 12 18 30 -$ -$ 4,462$ 304 Preliminary Plans & Specs – Lift Station . 80 12 64 12 104 140 24 100 4 32 572 -$ 650$ 92,031$ 305 Preliminary Plans & Specs – Force Main . 24 32 8 64 -$ 400$ 10,658$ 306 Coordination with Private Utility Companies . 2 2 -$ -$ 400$ 307 Coordination with Montana Department of Transportation (MDT) . 2 12 14 -$ 75$ 3,163$ 308 Electrical/SCADA Coordination . 2 4 2 8 -$ -$ 1,622$ 309 Submit Preliminary Plans & Specs . 2 8 4 14 -$ 200$ 2,913$ 310 Quality Control Review . 4 16 8 4 32 -$ -$ 8,363$ 311 Preliminary Design Cost Estimate . 2 16 4 32 54 -$ -$ 8,509$ Subtotal 8 230 20 28 88 24 130 182 32 0 286 28 0 36 1092 -$ 1,575$ 180,017$ Total 8 302 20 28 88 24 130 190 32 0 294 28 24 36 1204 30,600$ 1,975$ 230,036$ Other Direct Costs Task 100 Project Management Task 200 Data Collection and Field Work Task 300 Preliminary Design HDR 98 Memorandum REPORT TO:City Commission FROM:Renee Boundy SUBJECT:Authorize the City Manager to Sign a Professional Service Agreement with Sunburst Health, Inc. for Substance Use Evaluations for Applicants to VETS Court MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign the Professional Service Agreement with Sunburst Health, Inc STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:Sunburst Health, Inc., provides community treatment representation on the Bozeman VETS Court Treatment Team. In addition, they provide Substance Use Evaluations for applicants to VETS Court who are not covered by U.S. Veteran's Administration Services. UNRESOLVED ISSUES:There are no unresolved issues. ALTERNATIVES:None. FISCAL EFFECTS:The costs are already included in the FY24 budget. Attachments: Sunburst Health PSA (Sunburst signed).pdf Report compiled on: October 25, 2023 99 Professional Services Agreement for Bozeman VETS Court Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 14th day of November 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 Sunburst Health, 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 attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 14th day of November, 2024, 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 amount specified in Exhibit A, the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, DocuSign Envelope ID: 9C3FE570-F2CC-4811-AA48-C1CE21E5EE2C 100 Professional Services Agreement for Bozeman VETS Court Page 2 of 12 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 DocuSign Envelope ID: 9C3FE570-F2CC-4811-AA48-C1CE21E5EE2C 101 Professional Services Agreement for Bozeman VETS Court Page 3 of 12 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees 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 DocuSign Envelope ID: 9C3FE570-F2CC-4811-AA48-C1CE21E5EE2C 102 Professional Services Agreement for Bozeman VETS Court Page 4 of 12 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 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. DocuSign Envelope ID: 9C3FE570-F2CC-4811-AA48-C1CE21E5EE2C 103 Professional Services Agreement for Bozeman VETS Court Page 5 of 12 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the DocuSign Envelope ID: 9C3FE570-F2CC-4811-AA48-C1CE21E5EE2C 104 Professional Services Agreement for Bozeman VETS Court Page 6 of 12 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 Renee Boundy, VETS Court Coordinator or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Julie Fleck or Jessie Holton 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 DocuSign Envelope ID: 9C3FE570-F2CC-4811-AA48-C1CE21E5EE2C 105 Professional Services Agreement for Bozeman VETS Court Page 7 of 12 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. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). DocuSign Envelope ID: 9C3FE570-F2CC-4811-AA48-C1CE21E5EE2C 106 Professional Services Agreement for Bozeman VETS Court Page 8 of 12 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term DocuSign Envelope ID: 9C3FE570-F2CC-4811-AA48-C1CE21E5EE2C 107 Professional Services Agreement for Bozeman VETS Court Page 9 of 12 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. DocuSign Envelope ID: 9C3FE570-F2CC-4811-AA48-C1CE21E5EE2C 108 Professional Services Agreement for Bozeman VETS Court Page 10 of 12 28. 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. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. 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. 32. 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 2 years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA SUNBURST HEALTH, LLC By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: Julie Fleck Print Title: Chief Executive Officer APPROVED AS TO FORM: DocuSign Envelope ID: 9C3FE570-F2CC-4811-AA48-C1CE21E5EE2C 10/26/2023 109 Professional Services Agreement for Bozeman VETS Court Page 11 of 12 By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: 9C3FE570-F2CC-4811-AA48-C1CE21E5EE2C 110 Professional Services Agreement for Bozeman VETS Court Page 12 of 12 Exhibit A Scope of Services Sunburst Health, Inc., 109 First Avenue, St. Ignatius, MT 59865 referred to as "CONTRACTOR" from this point forward, will provide all materials and perform all labor to complete the following services described in the "SCOPE OF WORK" below: Staffing: Contractor shall provide one treatment provider to attend staffing and status hearings every Tuesday and for administrative work during the week to support the V .E.T.S. Court program for $45/ hour, spending an average of 10 hours/month on the work. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor only after prior authorization by the V.E.T.S. Court is granted. Chemical Dependency Evaluations with Mental Health Screening Assessment: Contractor shall complete the chemical dependency evaluations with mental health screening assessment as part of the V.E.T.S. Court participant screening process within 10 consecutive business days after the V.E.T.S. Court Coordinator notifies the Contractor of the need for an evaluation. The cost of the evaluations will be $250.00. Evaluations shall be conducted at the Gallatin County Detention Center, at 1276 N. 15th St., Suite 101, Bozeman, MT 59715, or at other locations as deemed appropriate by the Contractor. Contractor will present recommendations to the treatment team at staffing meeting on the Tuesday morning following the evaluation or communicate information to the Court Coordinator prior to this meeting. The Court Coordinator will process invoices on the 15th and 30th of each month. Checks will be mailed within the 30 days of that date. DocuSign Envelope ID: 9C3FE570-F2CC-4811-AA48-C1CE21E5EE2C 111 Certificate Of Completion Envelope Id: 9C3FE570F2CC4811AA48C1CE21E5EE2C Status: Completed Subject: Complete with DocuSign: Sunburst Health, Inc PSA.pdf Source Envelope: Document Pages: 12 Signatures: 1 Envelope Originator: Certificate Pages: 4 Initials: 0 Renee Boundy AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) rboundy@bozeman.net IP Address: 69.145.83.100 Record Tracking Status: Original 10/25/2023 9:51:33 AM Holder: Renee Boundy rboundy@bozeman.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Municipal Court Location: DocuSign Signer Events Signature Timestamp Julie Fleck julief@cedarcreekintegratedhealth.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 64.25.134.64 Sent: 10/25/2023 10:03:23 AM Viewed: 10/26/2023 8:06:51 PM Signed: 10/26/2023 8:07:16 PM Electronic Record and Signature Disclosure: Accepted: 10/26/2023 8:06:51 PM ID: 3b64237b-711e-498b-aa68-e96c1d2e01c8 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/25/2023 10:03:23 AM Certified Delivered Security Checked 10/26/2023 8:06:51 PM Signing Complete Security Checked 10/26/2023 8:07:16 PM Completed Security Checked 10/26/2023 8:07:16 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 112 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Municipal Court (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 4/22/2022 3:13:48 PM Parties agreed to: Julie Fleck 113 Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Municipal Court: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: mwestberg@bozeman.net To advise Municipal Court of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at mwestberg@bozeman.net and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Municipal Court To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to mwestberg@bozeman.net and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Municipal Court To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: 114 i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to mwestberg@bozeman.net and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:  You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify Municipal Court as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Municipal Court during the course of your relationship with Municipal Court. 115 Memorandum REPORT TO:City Commission FROM:Takami Clark, Communications & Engagement Manager Jeff Mihelich, City Manager SUBJECT:Authorize the City Manager to Sign a PSA with The Nest Collective for Public Relations Services MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a PSA with The Nest Collective for Public Relations Services STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:It is the intent of Transportation & Engineering and the Utilities Departments to provide public communications that inform the community of our efforts in a consistent, proactive, and effective fashion. The Consultant will develop an overarching strategic communications plan, implement plan elements, and continuously advise the departments on communications strategy. The overarching communications plan will form the foundation for public engagement activities and outreach and education material/campaign development for divisions and services. Outreach and education materials/campaigns may take various forms and span a full range of media services. Examples of topics that may be covered through this scope could include: street construction, garbage and recycling services, water conservation efforts, snow plowing, and drinking water quality. This list is not exclusive. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:The budget is estimated to be $160,000 and will be paid by Transportation & Engineering and Utilities. Attachments: PSA PW revised.docx CoB Public Works Scope Rev.pdf PW RFP_TheNestCollective Response_Sept 28.pdf 116 Report compiled on: November 1, 2023 117 Professional Services Agreement for Public Relations Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA,a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, ____________, _______________, 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. 2.Term/Effective Date: This Agreement is effective upon the Effective Date and will expireon the 9th day of December 2024, 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 amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. 118 Professional Services Agreement for Public Relations Page 2 of 11 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. 119 Professional Services Agreement for Public Relations Page 3 of 11 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligationsshall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] 120 Professional Services Agreement for Public Relations Page 4 of 11 own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractorshall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault: 121 Professional Services Agreement for Public Relations Page 5 of 11 a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 122 Professional Services Agreement for Public Relations Page 6 of 11 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 Takami Clark, Communications & Engagement Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _____________________ 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 123 Professional Services Agreement for Public Relations Page 7 of 11 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.Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications for the City, Contractor must use both the City style guide when creating a design, and, as per recommendations found in Section 508 of the Rehabilitation Act, the content must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of 124 Professional Services Agreement for Public Relations Page 8 of 11 the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 125 Professional Services Agreement for Public Relations Page 9 of 11 17.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of 126 Professional Services Agreement for Public Relations Page 10 of 11 competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28.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. 29.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31.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. 32.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 __________________________. 127 Professional Services Agreement for Public Relations Page 11 of 11 **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 128 www.thenestbzn.com SCOPE OF WORK AND PROPOSED BUDGET Client: Takami Clark – Communications and Engagement Manager, City of Bozeman Project: Professional Public Relations Services, City of Bozeman Public Works Date: October 16, 2023, rev. October 20, 2023 BACKGROUND • The City of Bozeman along with The Nest Collective will create and implement a strategic communication plan along with public and education campaign outreach for all Public Work’s divisions. • The City of Bozeman Public Works Department is comprised of the following entities, and the attached scope of work encompasses proposed work and budget for all listed. o Engineering o Solid Waste o Stormwater o Streets o Traffic Signs and Signals o Vehicle Maintenance o Water and Sewer o Water Conservation o Water Reclamation o Water Treatment SCOPE • Develop an overarching Public Works strategic communications plan and implement the plan elements as directed by the Communications and Engagement Manager and others within Public Works. • Provide public communications to inform the community of the efforts of the Public Works Department and each individual division, as needed, in a consistent, proactive, and effective manner. • Provide reporting and data for campaigns as requested by each division. • Provide new creative for designated divisions/campaigns and determined through the overall strategic communications plan. BUDGET(S) Based on fiscal year historic invoiced and budgeted amounts but may change based on requested deliverables. Note that this does not include costs paid directly to vendors such as printing and shipping of statement stuffers, insertion of stuffers into utility statements by DataProse, printing handled in house by City of Bozeman (flyers, etc.), wrapping of trucks and totes, etc. • Overall Budget o $94,800-97,000 per fiscal year (Nest time) o $160,000-$2,000 per fiscal year (Outside costs including those paid through The Nest and paid directly by City of Bozeman) 129 www.thenestbzn.com Breakdown of Budget by Department Based on FY23 • Strategic Communications Plan o $1,000-2,000 (Nest time) • Streets o $26,000 (Nest time) o $42,000-50,000 (Outside costs including media, tv/radio production, TBD based on outreach methods with new creative. This number may be more than estimated.) § Deliverables: • Bozeman Street Report (year-round) • Fall Leaf Clean Up • Spring Clean Up • Potholes Outreach • Plowing/Snow Removal Outreach • New creative campaign TBD • Engineering o $3,000 (Nest time) o $3,500-5,000 (Outside costs including printing, media) § Deliverables: • Special projects such as S. 6th Ave. Reconstruction and E. Main Sewer Renovations. • Solid Waste o $12,000 (Nest time) o $16,000 (Outside costs including printing, media. Does not include costs of wrapping trucks, totes, dumpsters) § Deliverables: • Compost Collection • New Compost Program Outreach • Holiday Schedule Notification • Yellow Pages • Bozeman Clean Up Day and Program Outreach • Recycling Schedule • Bear Aware • Truck and Tote Wrapping • MSU Football Recycling Outreach • Misc. (BPSC indoor trash signage, assistance with grants, etc.) • Water Conservation o $47,000 (Nest time) o $85,000-90,000 (Outside costs including printing, media but may be more based on new creative and outreach methods for new campaigns.) § Deliverables: • Water Smart Planting Guide • Water Smart Indoor Guide • Irrigation Outreach 130 www.thenestbzn.com • Drought Education Outreach • Drought Emergency Declaration Outreach • Rebate Outreach (Indoor and Outdoor) • Misc. (BPSC signage, special programs, etc.) • New creative campaign, TBD • Stormwater o $2,000 (Nest time) o $0 (Outside costs) § Deliverables: • Signage, statement stuffers • Water and Sewer o $1,500-2,500 (Nest time) o $10,000 (Outside costs including printing, media) § Deliverables: • Drinking Water Week • Misc. (Swag, etc.) • Water Treatment o $2,300-2,500 o $1,000 (Outside costs including media – this does not include the printing, shipping, and insertion of the Water Quality Report which is paid directly by this department) § Deliverables: • Consumer Confidence/Water Quality Report • Translation to Spanish of the above report • Print ads for public notices • Water Reclamation o $0 (Nest time) o $0 (Outside costs THE FINE PRINT • The Nest charges an hourly rate of $100, regardless of the individual working on the project. • Outside costs paid through The Nest are invoiced at cost plus 15% markup, which is industry standard. • The above budget is based on historic data and scope of work as outlined in the RFP - Professional Services Agreement for Public Relations. 131 REQUEST FOR PROPOSALS PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC RELATIONS CITY OF BOZEMAN PREPARED FOR: The City of Bozeman September 28, 2023 132 The Nest Collective, LLC | September 2023 2 PROPOSAL REQUIREMENTS Firms interested in providing the services described above are requested to submit the following information. Responses to each item should appear in the same order as in this RFP and should identify the item to which the responses applies. a) Consultant’s legal name, address, telephone number, website (if any), and email address. The Nest Collective, LLC 570 Prospector Trail Bozeman, MT 59718 www.thenestbzn.com Contacts: Kendra Callantine 406.570.6613 kendracallantine@gmail.com hello@thenestbzn.com Robyn Egloff 406.209.6868 robynegloffdesign@yahoo.com Becky Edwards 406.570.9472 becky@sunsnowcreative.com 133 The Nest Collective, LLC | September 2023 3 b) Statement of qualifications that includes Consultant’s professional credentials, experience, and qualifications in providing the Scope of Services stated in this Request for Proposal. The Nest Collective is led by three Montana women. Kendra Callantine was born in Bozeman, and grew up a short stroll from Kirk Hill, along with generations of her ancestors. Robyn Egloff and Becky Edwards moved to Bozeman in the 1990s as athletes at Montana State University. All have committed wholeheartedly to Bozeman— raising families, building businesses, spearheading nonprofits, and giving back wherever possible in this newly minted municipality, which still feels like a small town to all of us. We’ve had the honor of working with the City of Bozeman for ten years—a decade that both witnessed the town’s largest growth spurt to date and secured its fame as one of the nation’s fastest growing micropolitan towns. We’ve been right there in the trenches with various city commissioners, city leadership, and city staff members, navigating the challenges and opportunities that come with such historic growth. We’ve risen to the occasion, learned from the obstacles, and nimbly adapted to fast-changing times to consistently broadcast important City messages. After a decade of partnership with the City of Bozeman and a whirlwind of growth both in our town and our lives, we asked ourselves: is the Nest Collective still the best fit for the City and its expanding needs? We took this question seriously, because Bozeman’s success depends on the City’s success, and ultimately, we want what’s best for our town. After much thought, reflection on our past work, and seeing opportunities to grow, learn, and create fresh work, we came back with a unanimous YES. We’re women at the peak of our careers, each equipped with several decades of focused experience in communications. Before our days with the City, we negotiated multi-million-dollar media buys and earned priceless PR for the Montana Office of Tourism, spurring record tourism growth. We art directed communications for First Interstate Bank, the Bozeman CVB, and the Bozeman Public Library, ensuring their successes. Now, as we send our kids off to college and high school (and even welcome a grandbaby!), we’re rededicating our expertise to building our legacies. To that end, we’re sitting on conservation boards, volunteering with local nonprofits, and pitching the work we think makes the most of our talents and ensures Bozeman’s happiest future: continuing and refreshing our partnership with the City of Bozeman. We are immensely proud of our past decade working with the City of Bozeman. We’ve converted residents to recycling, helped reduce traffic accidents, cut down on unnecessary calls, and bolstered community spirit. But we’re even more excited about what we can do next, together. Through the pages of this RFP, we look forward to sharing our experience, resumes, esteemed partner contractors, and how we can best meet and exceed the City of Bozeman’s needs. 134 The Nest Collective, LLC | September 2023 4 Most importantly, we look forward to tackling this account with a reinvigorated approach, using what we have learned over the past decade to build on the gains we’ve already made for both the City of Bozeman and our town. It's time to look ahead, with fresh perspective and hard-earned wisdom. We hope to plot a path to the next horizon, together. Using the provided Scope of Services, we have numbered each deliverable below with our specific qualifications. We recognize that this communications contract is an organic document, and as the City’s needs change and evolve, so should this scope. We’ve happily accommodated the City with surprise projects not explicitly spelled out in our contract in years past, and we plan to maintain this flexibility going forward. We also won’t hesitate to recommend opportunities where we think we can add critical value— that’s our job as contractors. 1. Developing and implementing tailored communications plans and subsequent outreach efforts to support the work of individual Public Works divisions. Creating and executing thoughtful, targeted, strategic communications plans is our bread and butter. Through deep discovery to develop a solid understanding of stakeholder goals, we create communications plans and supporting materials that maximize audience diversity and engagement. Examples of our past successful projects include various campaigns for the City including the Public Safety Center ballot initiative, Water Conservation irrigation campaign, Solid Waste’s single stream recycling program, and the joint COB/USFS Bozeman Municipal Watershed Project. Outside of the City, we’ve developed long-term relationships and drafted communications plans and fulfillment with METI, Madison Valley Bank, Headwaters Economics, The Wilderness Society, the Mountain Mamas, and many more. 2. Developing an estimated annual budget not to exceed an amount agreed upon with City staff. Through our decade of history with the City of Bozeman, we have consistently executed our contract deliverables while staying within budget and delivering ahead of deadline. We’ve also spent this time working within each fiscal year scope and shifting to accommodate unforeseen situations. Our experience gives us a good sense of what to incorporate into a realistic annual estimate that serves the City accurately. 3. Coordinating media buys with local and regional media partners. In our quarter-century-plus of working in Bozeman, we’ve developed longstanding relationships with local, regional, and even national media partners. We’ve also sparked new relationships with evolving digital media partners. Our vast experience, deep connections, and openness to new relationships and media assures the City a good value, a good relationship, and wise use of taxpayer dollars. 135 The Nest Collective, LLC | September 2023 5 4. Designing and producing creative materials for social media, website, digital and paper advertisements, print collateral, and others as identified. Our team launched our professional careers before social media existed—we’ve witnessed the progression of print to radio to tv to digital to social media and beyond. While media has changed over the years, the fundamentals haven’t: we uncover why someone should care, leverage it to attract their attention, keep it engaged, and make the message memorable, in any medium. That said, we know how to flex our messaging to suit each medium. For instance, our visual landscape has become much more crowded, making an emphasis on design matter even more—which is where our creative director’s 25+ years of experience really shines. 5. Designing and producing advertising campaigns for television, radio, internet radio, social media, and others as identified. Our best campaigns have been multi-faceted, with legs to run on television, radio, and internet radio such as Spotify, social media, and even events and unconventional platforms. A campaign is only ever as strong as its concept, so we’ve prized memorable “hooks” that translate across mediums to capture audiences. Through hand-chosen media partners, we’ve produced budget- friendly, high-impact radio and television spots that helped move cars for snowplowing, alert citizens to leaf pick-up, and maintain COVID safety. We’ve had great success with campaigns such as the City of Bozeman Facilities ballot initiative to grow our visual imprint with compelling social media videos, and with the irrigation radio spots in Water Conservation. As budget allows, we plan to grow these opportunities within the City. 6. Identification and coordination with community partners and stakeholder groups to assist the overall effectiveness of PWD public communications. Leveraging strong connections and relationships with community partners and organizations expands our already impressive reach. Before The Nest first began working with the City in 2013, communication with community partners was limited. We’ve worked steadily with COB staff and leadership to spark and maintain key alliances, to everyone’s benefit. By spearheading joint communications efforts with groups like the Gallatin Valley Land Trust, Bozeman Health, Montana State University, Custer Gallatin National Forest, we’ve wisely invested tax dollars to increase visibility and awareness of important projects and efforts. These pivotal partnerships will be critical as the City continues to grow in population, so we plan to sustain mutually beneficial connections while fostering new ones. 7. Providing information and strategic guidance on communications campaigns by analyzing trends, researching markets, and adjusting messaging as necessary. While compelling design and sparkling copy are important, solid strategy is what truly makes campaigns work. We begin with meticulous analysis of trends in technology, media, and human behavior. Next, in-depth market research allows us to understand who we’re speaking to, identifying key demographics, 136 The Nest Collective, LLC | September 2023 6 preferences, and misconceptions. When budget allows, we explain our messaging choices with the findings and strategy that inspired it—and when real life demands a change, we’re ready to adapt. Whether it's refining the tone of a social media post to align with current community conversations or pivoting a specific campaign strategy based on partner feedback, we’ll ensure our communications campaigns remain not only relevant but also highly effective in our ever-changing community. 8. Additional public communication and outreach activities as required by the PWD. The Nest is committed to collaborating with the City of Bozeman Public Works Department, both now and in the future, to support any necessary public communication and outreach efforts. 137 The Nest Collective, LLC | September 2023 7 c) A narrative describing the Consultant’s proposed approach to developing an overarching strategic communications plan for the PWD. Formal preparation of a strategic communications plan within the proposal is not necessary. The narrative must instead provide sufficient detail as to how the Consultant will develop the plan. Include the necessary tasks to complete this effort together with a schedule for how the plan will be developed and implemented. A thoughtful, dynamic strategic communications plan is the cornerstone for successful outreach. As a governmental agency drawing on taxpayer dollars, we also must balance maximizing your efficiency and fiscal responsibility with thoughtful investment in the health and future of the community. To simplify with a 30,000-foot view, we’ll create your communication plan when we: 1. Define your objectives and performance benchmarks Late Q4 2023, early Q1 2024: through a series of collaborative meetings with the City, we’ll complete a discovery process and draft and approve an initial set of goals and milestones. This way, we’ll be able to check back to make sure we’re on track. 2. Identify your target audiences, both in demographics and desires Late Q4 2023, early Q1 2024: as part of the discovery and initial objective/goal establishment, we will identify target audiences for Public Works as a whole and additionally on a campaign-specific level. We will continually review and revise target audiences throughout the entirety of the contract to ensure strategic messages are getting to the desired populations. 3. Craft key messages and overall brand direction Q1 2024 and ongoing throughout contract: through our discovery process and informative and collaborative meetings with City officials, we will develop creative messages and establish an overarching pathway for brand direction for Public Works as a whole and underneath that, individual department campaigns that all support the main messages for the City. These will change and evolve as circumstances and campaigns develop, however all remaining true to the overarching brand direction. Additionally, The Nest has the advantage of utilizing what has worked and what hasn’t in the past, to help inform the best way to move forward. 4. Choose and prioritize communication channels Q1 2024 and ongoing throughout contract: The Nest will utilize media research and current media trends to create a thoughtful, strategic timeline and communication methods/messaging document, organized by communications channels (organized within a Gantt chart). Different audiences and demographics go to different channels to gain information. By being thoughtful with taxpayer budget, we will choose a layered, multi-channel plan that utilizes social media, digital media, earned media – and as budget allows – could include print, radio, tv, and more. 138 The Nest Collective, LLC | September 2023 8 5. Develop a responsible timeline and budget Q1 2024 and ongoing throughout contract: The City of Bozeman has always been thoughtful and responsible with taxpayer dollars. As a contractor, we enable wisdom and efficiency when it comes to budgetary spending. The Nest will craft our communications plan around the specific budget and ensure delivery of tactics within the budget and plan are on time. Aspects of Public Works communication such as leaf pick up, solid waste pick-ups, and construction project impacts must be prioritized and communicated in a timely, efficient method to ease – and ideally avoid – any community discomfort or ire. On time and on budget is one of our mottos, and we aim to continue to stick to those words. The Bozeman of 2023 is not the Bozeman of 2013, and we must craft the COB PW communications plan with eye on where we currently are, and where we want to go. We’ll also keep a keen eye on a few important considerations: First, the strategic communications plan for the Public Works department should prioritize, build upon, and advance the broader communications plan for the entire city. Working collaboratively under the direction of the City of Bozeman Communications and Engagement Manager, we’ll ensure a seamless integration within the larger City efforts. Next, the Public Works Communications Plan harbors the opportunity to customize each department’s communications efforts while keeping an eye on the larger, City-as- a-whole plan. Some departments within Public Works have robust communications needs, such as Water Conservation and Solid Waste. Others, such as Engineering and Stormwater may have fewer day-to-day needs. Working directly with department heads to craft program-specific communications has always been a foundational step for The Nest, saving the City time and budget, and we look forward to continuing this tradition. The Nest will evaluate what has and what hasn’t worked in communications plans of years past with the Public Works department. Being able to strategize, craft, design, and place fresh messages with the added wisdom of past efforts, successes, and failures helps more efficiently and effectively create a unique, productive, fresh communications plan. Clear communication, staying one step ahead on the calendar and upcoming campaigns, and being as thoughtful and responsible as we can with our taxpayer budget is central to our communications plan, as well as being a helpful, additive, collaborative partner for the City. 139 The Nest Collective, LLC | September 2023 9 d) A description of how you use market research to inform your communications strategy, including how you track campaign performance and make adjustments as needed. Provide an example of market data or information you would provide a client before the campaign runs, and an example of what metrics you would provide after to show how each campaign fared. As involved community members, our daily lives put us in close contact with our key audiences—we pick up on local trends, conversations when we get our groceries, hear the latest news from our teenagers, chat with MSU students at football games, and mingle with other concerned citizens at nonprofit fundraisers. And of course, we’re in close contact with the City, and we like to know how many calls you’ve received over potholes, compliments about leaf pick up, inquiries on sprinkler system assessments, requests for bear safe containers, and more. But even with our fingers firmly on the pulse of our hometown and our deep personal familiarity with local demographics, we make sure to back up our assumptions. The Nest consults with local and regional media experts to learn about new trends and media opportunities, and which resources are performing well. We also look at data we’ve collected from previous outreach campaigns to help guide us in future campaigns. While we don't currently conduct formal interviews or do surveys pre or post campaign, we welcome data that has been gathered by the City of Bozeman through their public engagement efforts. Of course, we’re happy to provide share our knowledge to clients who like to know the “why” behind our campaign choices. Once the campaign runs, click-through rates and reports show us the performance of campaigns and media buys that can be tracked—paid social media, performance on bozeman.net, YouTube, Google, and other digital media. Print and collateral performance can be measured only by hard numbers of how many were printed or distributed. Radio and traditional TV can be measured through data provided by the media outlets. While we can track down open rates, views, and analytics and share industry-leading numbers, for us, the success of each campaign is measured best by the change it brings to our town. We’ve measured past campaigns on “metrics” like how many households adopted our new recycling program, or how much faster snow plowing could be completed when people were warned to move their cars. Water usage, phone calls to the city, and bulky item pickups are our real key performance indicators—and while we’ve done well on these metrics in the past, we’re always learning how make our campaigns that much more effective. For each campaign, we look at the audience and who are we speaking to. This directs our focus to the appropriate media resource available within the targeted geographic area. This may be traditional print for the older demographic, social and digital for people who consume information online, non-traditional media to reach people where they least expect it or to break out from traditional messaging tactics. It may include 140 The Nest Collective, LLC | September 2023 10 using the blank canvas of a tailgate, door, or trailer of a City vehicle. People consume information in many ways, and we need to be aware and include all the possibilities. For example, if we are speaking to MSU students, we need to look at how they consume their information. We may contact MSU administration to find out what tools they are using to reach their students, or chat with MSU students to find out how they stay in the know on campus and city happenings. Using this information, we may use a geotargeted approach to reach them via their current social media outlets, through MSU communications channels, and sometimes even in unconventional ways such as toilet stall advertising at local college age hangouts. All this information is shared with our client as we develop an overarching outreach plan. While the above may not provide specific numbers for interaction on all levels, we can gain data on performance via measuring calls to the City which may be to inquire for more information or to procure the advertised service, such as bulky item pickup. We can also measure, via a targeted display and social media campaign, the impressions, clicks, and overall Click Through Rate (CTR). An example of metrics available after a social or digital campaign could look like this, which is from the City of Bozeman summer Bozeman Street Report campaign. We created a targeted display and paid Facebook and Instagram campaign to reach residents, and visitors, within Bozeman city limits. This was just one part of an overall campaign for the summer. Targeted Display – July through September 15 • 1,448.621 Total impressions • 5,548 Clicks • 0.38% CTR Paid social media (Facebook and Instagram) – July through September 15 • 602,415 Total impressions • 971 Clicks • 0.16% CTR Overall Performance • 2,051,036 Total impressions • 6,519 clicks Looking at these numbers we will dive into the performance during each month, and with each specific creative element in this campaign to see where we need to enhance our efforts for the future or change tactics. Reviewing the numbers monthly throughout the campaign period did not prove a justification to change the creative or tactics for this year. 141 The Nest Collective, LLC | September 2023 11 We are happy to provide metrics as needed and work closely with the City of Bozeman to ensure reporting is fulfilling all your needs for reporting to the City Commission and taxpayers. e) A portfolio of creative materials including print, radio, web, and video media. On the following pages is a condensed portfolio of our work including print, radio, website, video media, social, digital, and more. Additional samples of our work can be found on our website at www.thenestbzn.com and our radio, video, and animated digital work can be found on our YouTube channel @thenestcollective-bozeman9965. 142 The Nest Collective, LLC | September 2023 12 Print Samples WATER SMART BOZEMAN.WATER SMART BOZEMAN. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM INSTALLINSTALLDROUGHT DROUGHT TOLERANT PLANTSTOLERANT PLANTSin your landscape and in your landscape and use 75 use 75 00//00 less water. less water. City of BozemanCity of BozemanREBATEREBATEPROGRAMPROGRAM Find out more about Drought Stages andFind out more about Drought Stages andwhat you need to do at bozemanwater.comwhat you need to do at bozemanwater.com BOZEMAN DROUGHT METERBOZEMAN DROUGHT METER** The City of Bozeman is currentlyThe City of Bozeman is currentlyEXPERIENCING NORMAL CONDITIONSEXPERIENCING NORMAL CONDITIONSWhat happens:What happens:Water conservation is always encouraged.Water conservation is always encouraged. NORMAL WATCH ADVISORY WARNING EMERGENCY WATER SMART BOZEMAN.WATER SMART BOZEMAN. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM CHECK YOUR CHECK YOUR SPRINKLERSSPRINKLERSfor obstructions, for obstructions, leaks, and broken or leaks, and broken or misaligned nozzles. misaligned nozzles. Repair as needed.Repair as needed. Find out more about Drought Stages andFind out more about Drought Stages andwhat you need to do at bozemanwater.comwhat you need to do at bozemanwater.com BOZEMAN DROUGHT METERBOZEMAN DROUGHT METER** The City of Bozeman is currentlyThe City of Bozeman is currentlyEXPERIENCING NORMAL CONDITIONSEXPERIENCING NORMAL CONDITIONSWhat happens:What happens:Water conservation is always encouraged.Water conservation is always encouraged. NORMAL WATCH ADVISORY WARNING EMERGENCY Bozeman Core• Pick up begins Monday, Oct. 24.*• We’ll put up signs alerting you that leaf pickup’scoming. • Please move vehicles as directed to clear theway.• Rake your leaves into the gutter the day before scheduled pickup (or fi rst thing that morning). Bozeman Subdivisions• Pick up begins Thursday, Oct 20.*• Collect your leaves in paper compostable bags, available at local hardware and garden centers. • Before your scheduled pickup, place your bagged leaves on the boulevard (aka that strip of grass between the sidewalk andthestreet). Leaf Drop O Days• If you miss your day or want to rake ahead, you can bring leaves to us! Swing by the City Shop Complexat 814 N. Bozeman Ave.on Saturday, Oct. 29, Nov. 5, or Nov. 12, from 10am to 2pm. *Please, just leaves. Yard waste and compost are not part of Fall Leaf Pickup. Pickup dates may shift due to weather. The City of Bozeman is picking up leaves to prepare for winter. Watch for our maintenance signs, clear your street when directed, and leave the leaves to us. ARE YOU READY FORFALL LEAF PICKUP? Find out if you are Core or Subdivisions, learn how to prep your leaves for pickup, and view the pickup map and schedules at www.bozeman.net/leafcleanup. 2022 SUMMERCONSTRUCTION *For a complete list of projects visit www.bozemanstreetreport.com. Start and completion dates are estimates only and may change due to weather and other circumstances. GRIFFIN DR. & MANLEY RD.: Open to thru tra c but may be reduced to alternating one lane tra c at times. Expect delays. Oak St. is the recommended alternate route. GARFIELD ST.: Curb replacement project work continues between S. Willson and S. 3rd Ave. W. BABCOCK: Closed from S. 19th Ave. to W. Main. McILHATTAN RD.: Closed on the gravel section between the dog park to the veterinarian thru Fri., 9/30, weather permitting. STORY MILL RD.: Closed from Hillside Ln. thru E. Gri n Dr. SOURDOUGH RD.: Work continues for the Sourdough Transmission Main Project. Watch for closures, detour signs, and continue to use S.3rd as an alternative route. KAGY: Closed on MSU Campus on Saturday, 10/1 for the Bobcat football game. Watch for detour signs and pedestrian tra c. WATCH FOR other closures and detours throughout our community. Bozeman City Limits Closures and Detours for the week of Sept. 26-30* FOR UPDATES AND CURRENT INFORMATION: • Visit bozemanstreetreport.com• Follow us on /BZNStreetReport or /cityo zn • Sign up for e-notifi cation updates at bozemanstreetreport.com• Questions? Email bznstreetreport@bozeman.netor call 406-582-2913 DUMP ON US. WE CAN TAKE IT. Garbage · Recycling · Compost · Bulky Item Pickup · Roll-Off Services 406-582-3236 · www.bozemansolidwaste.com CITY COMPOSTCOLLECTIONBEGINS MON., MAY 22* Place your yard trimmings into:· Plastic or metal cans, clearly labeled “COMPOST”** · Brown paper compostable paper bags or open plastic bags.** How we collect your yard trimmings:· If your garbage is COLLECTED IN THE ALLEYWAY, please have your compost materials out and ready for pickup no later than 7am on Monday of each week.· If your garbage is COLLECTED CURBSIDE, please have your compost materials out and ready for pickup no later than 7am on your normal garbage collection day. If you need your compost materials collected priorto May 22 or need a suitable container for disposal of large branches and tree trimmings call us at406-582-3236. Fees apply. *Must be a City of Bozeman garbage collection customer. **Containers must weigh less than 35 pounds. We DO collect:· Grass clippings· Leaves, small branches (pencil diameter or smaller)· Garden waste We DO NOT collect:· Sod, dirt, rocks· Concrete· Animal feces· Large branches (larger than pencil diameter) Welcome to Madison Valley Bank, where we give you the power to go big and go home. So whether you’re buying or building, our loan options give you the financial boost to become a fearless homeowner. Powerful Lending. It’s how our small bank makes big things happen. Four locations throughout southwest Montana to serve your big life. 24 Hour ATMs located in Boulder, Ennis, Harrison, Montana City, Sheridan, Virginia City, and West Yellowstone. Ennis | Boulder | Montana City | West Yellowstone Since 1965 | www.madisonvalleybank.com 6410 Jackrabbit Lane • Belgrade, MT Just south of the Belgrade I-90 interchange, Exit 298 www.ChaletMarket.com800-752-1029 • 406-388-4687 • CUSTOM GIFT BOXES • CORPORATE GIFTS • DELI & GIFT SHOP • USDA SMOKED MEATS A MONTANA TRADITIONFOR 40 YEARS Join us for our Holiday Open House.Refreshments and prize drawings throughout the day. ENNIS | BOULDER | BOZEMAN | MONTANA CITY | WEST YELLOWSTONEWWW.MADISONVALLEYBANK.COM Boulder109 W. SecondTues., Dec. 17, 8am-4pm Montana City9 Bankers LaneWed., Dec. 18, 9am-4pm Trailblazers and star gazers welcome. With our convenient 24-hour ATMs and branches acrossSouthwest Montana, you can bank more big sky memories. 24 Hour ATMs located in Boulder, Bozeman, Ennis, Harrison, Montana City, Sheridan, Virginia City, and West Yellowstone.Ennis | Boulder | Bozeman | Montana City | West Yellowstone | Since 1965 | madisonvalleybank.com WATER CONSERVATIONAt the City of Bozeman Water Conservation Division, we’re dedicated to providing our community with tools and resources to make water smart decisions both inside and outside yourhome. For information about what you can do to help conserve water and to find tips and rebates that will help you save water and money for your home or business, visit www.bozemanwater.com and select Water Conservation. STREET MAINTENANCE & SNOW REMOVALWinter Snow Removal: After snowfall, our yellow plows clear emergency routes and main arterials as our first priority. Move your car o street (trailers too!) after snowfall so our plows can clear snow to the curb. Spring Street Cleaning: In the spring, we send our street sweepers out to our residential streets as soon as the weather permits to clean our streets of wintergunk. Summer (also known as construction season): Construction starts as soon as the weather permits in spring, and will go until the weather doesn’t allow for work in thefall. Fall Leaf Pickup: Every fall we’ll pick up your leaves (for free!) as soon as the leaves have fallen and weather permits. Keep up to date year-round on ALL Bozeman street conditions by following @BZNStreetReport on Facebook and Twitter. Or visit www.bozemanstreetreport.com GARBAGE & RECYCLING Garbage Service: The City oers weekly pick-up services for both residential and commercial customers in a wide variety of container sizes. Curbside pick-up is typically one time per week. Recycling Service: Single-stream recycling with curbside pick-up every other week on your garbage pick-upday. Other Services: Bulky item pickup, roll os for larger projects, commercial services, and seasonal yard wastepickup. Visit www.bozemansolidwaste.com or call 406-582-2332 to inquire about signing up. PARKINGIn City limits, vehicle, RVs, trailers, drift boats, and other vehicles parked on city streets are required to be moved every 72 hours to avoid ticketing and towing. For life downtown, the Parking Division manages the parking garage at 26 E. Mendenhall Street and four o-street lots, and on-street parking. FREE two-hour parking is available in all of these locations, with additional pay parking available at the garage location only. For more information about parking within City limits, please visit www.bozeman.net/government/parking FIND OUT MORE AND STAY CONNECTED WITH THE CITY OF BOZEMANAT: @bozemangov @CityofBozeman www.bozeman.net Call us at 406-582-2300 NextDoor (www.nextdoor.com) for updates and neighborhood notifications Sign up for email notifications at www.bozeman.net/enotificationParking Division Welcome Home The City of Bozeman would like to be among the first to welcome you to our beautiful city! Register yourself or your group online at www.bozeman.net/Cleanup. Pickup your custom Cleanup Kit on Saturday, April 22 from 10:00am - 1:00pm at the Emerson Center for the Arts & Culture. Clean up your area any time you want April 22-30.Submit photos of your group or clean up e orts at www.Bozeman.net/cleanup. Presented by the City of Bozeman’s Sustainability, Neighborhoods, and Solid Waste Divisions. Does your home border a city sidewalk that you’re responsible for shoveling? GUIDE TOWINTER SHOVELING Then you’re o the hook for shoveling, but it wouldn’t hurt to help a neighborout! Get crackin. Sidewalks must be cleared within 24 hours of new snowfall. Bozeman Municipal Code Section 34.06.020 requires it and your neighbors will thank you! No need to shovel. Hit the snooze and rest up for the next snow storm. Be prepared. Make sure you have a shovel, snowblower, arrange for a shoveling service, or recruit a helpfulneighbor. + If you live within Bozeman city limits, you are responsible for snow removal on any sidewalk adjacent to your property. + If you rent, check with your landlord to determine who is responsible for snow removal. Has it snowed in the last 24 hours? For more information visit www.bozemanstreetreport.com and follow us on Facebook and Twitter (@bznstreetreport).REPORT.COMBOZEMANSTREET YES NO NOCLUE NO YES Residential streets are plowed after all emergency, arterial, collector, and commercial streets are cleared and when schedules and snowfall allow. To find out which day your street is scheduled for plowing, visit www.bozemanstreetreport.com and view the Residential Street Snow RemovalSchedule. Please move your car and any other vehicle, trailer or equipment o the street, especially on your scheduled plow day, so that plowing equipment can safely move down the street to push the snow/slush o of the roadway. Vehicles, trailers, campers, etc., cannot be parked on city streets for more than 72 consecutive hours (Bozeman Municipal Code Section 36.04.260). GUIDE TOPLOWING OUR CITY STREETS REPORT.COM BOZEMANSTREET Thanks for helping to clear the way so our snow plow crew can clear the way for you. For more information visit www.bozemanstreetreport.com and follow us on Facebook and Twitter (@bznstreetreport). Our website www.bozemanstreetreport.com has information about plowing, shoveling, and more. To know when and where we are plowing, and to learn some fun facts like miles of streets plowed, check out the WINTER OPERATIONS DASHBOARD. For a residential plowing schedule (dependent on current snow activity and conditions) check out the RESIDENTIAL STREET SNOW REMOVALSCHEDULE. How can I learn more about plowing and keep up-to-date on the city snow plowing eorts? Who is plowing our streets? We will continue to follow our normal winter operations and schedule as listed. But we do not REMOVE snow and slush. Our operations include moving the snow and slush from the roadway if there is room to do so. Parked cars and other obstacles may make it unsafe or impossible to traverse down the street safely with our large plows and grader. There are many reasons why a plow may not plow your street. Someinclude:• Lack of sta available.• Equipment failure.• Sta are focusing eorts on emergency, commercial and business routes due to a recent snow event.• Equipment cannot safely make it down your street due to parked vehicles and other obstacles. City of Bozeman plows start as early as 3 AM to keep our streets safe and maintain emergency routes, major arterials, collector roads, and residential streets during snow events and throughout the winter. Yay, it snowed! When will the City plow the streets? When will my street be plowed? What if the plow didn’t come through as scheduled? It hasn’t snowed recently, but my street is full of slush. When will it be removed? After four inches or more of snow has accummulated, and the emergency, arterial, and collector streets are cleared, the City willplow residential streets. Major arterial and collector roads in our community are our first priority and we will continue to clear these routes during an ongoing snow event before moving to other roadways. Includes arterial and collector streets. All of these roadways take priority over residential streets. RESIDENTIAL AREASEMERGENCY ROUTES BUSINESS AND COMMERCIAL AREAS ORANGE PLOWS (Montana Department of Transportation) take care of N. 19th, N. 7th, N. Rouse, some sections of Main St., Hune Lane and more. Contact MDT at 406.556.4700 if you have questions. YELLOW PLOWS take care of our City streets except for routes that are state or private roadways. OTHER• BLUE STREET SIGNS indicate this is a private street and will be plowed by your HOA or a private plow company. • MSU CAMPUS streets are maintained by MSU Facilities. What can I do to help with snowplowing eorts? Find out where the plows are right now. Scan this code! invites you to remove your thirsty turf and inefficient irrigation from your narrow boulevard areas.replace with drought adapted vegetation and efficient low-flow irrigation. use less water and inspire others to do the same! for more info visit bozeman.net/beautifyboulevard or scan Register*: april 1-June 30Submit project: by Nov. 1community voting: Nov. 13-dec. 29Winners chosen: January 2024 beautify your boulevard win ca$h & prizes! Rules*:• Must irrigate with City of Bozeman water source• MUST MEET FINAL PROJECT REQUIREMENTS (see online registration form) • CONTEST IS FOR RETROFITTING EXISTING turf BOULEVARDS ONLY (NO NEW CONSTRUCTION)Schedule* Visit www.bozeman.net/beautifyboulevard for complete rules and regulations. Must irrigate with City of Bozeman water source. SPOT A POTHOLE?CALL 406-582-3208 AND WE’LL SMOOTH THINGS OVER. WE’VE GOT THE WORD ON THE STREET (ALL YEAR LONG). Getting around town is a breeze all year long when you know where the City of Bozeman is working, plowing, and maintaining our streets. City of Bozeman - Streets Division · Receive neighborhood notifications from Nextdoor (NextDoor.com)· Visit www.BozemanStreetReport.com for more information.· Follow us on Facebook and Twitter at /BZNStreetReport · Sign up for email notifications at www.bozeman.net/enotifications FIND UPDATES ON WHERE THE CITY OF BOZEMAN’S CREWS ARE WORKING ALL YEAR LONG. FALL LEAF PICKUP· Fallen leaves can enter, plug, and then freeze in our storm drains causing damage.· Every fall we’ll pick up your leaves (for free!) as soon as the leaves are falling and the weather permits.· Please help by prepping your leaves and watch for notifications to move your car so we can clean right up to the curb. SPRING (STREET) CLEANING· To prevent our storm drains from plugging up with the sand from winter ice control, we send our street sweepers out to our residential streets in the spring as soon as the weather permits.· You can help us by watching for signs letting you know when we will be coming down your street and moving your car. CONSTRUCTION SEASON· Construction starts as soon as the weather permits, which might be in spring, and will go until the weather doesn’t permit work in the fall.· Get the scoop on ALL Bozeman street projects (not just City ones!) by following BZNStreetReport on Facebook and Twitter. Also at Next Door and Bozemanstreetreport.com. SNOW REMOVAL 101· After snowfall, our yellow plows clear emergency routes and main arterials as our first priority. Main St, N. 19th, N. 7th, and Rouse are all state routes plowed by MDT.· You can help us by moving your car off street (trailers too!) so our plows can clear snow to the curb.· Don’t forget, it’s your responsibility to clear your sidewalks within 24 hours of snowfall. 143 The Nest Collective, LLC | September 2023 13 Radio Samples https://youtu.be/S_H0gP6Boz8https://youtu.be/fMKyE7TP8uw https://youtu.be/f1PQmQEwdp4https://youtu.be/PQ0so0FqmGwhttps://youtu.be/wmErI6RFMpw http://bit.ly/2yyN1v5 https://youtu.be/sTDEZFjyKv4https://youtu.be/zo22rYMUJ5M 144 The Nest Collective, LLC | September 2023 14 Website Samples The City of Bozeman, in cooperation with property owners, is reconstructing S. 6th Avenue from Babcock to Cleveland beginning in the spring of 2021. In addition to rebuilding the roadway, curbs, traffi c calming measures, and replacement of some tree-root affected sidewalks, the City of Bozeman will also be replacing the water and sewer mains and replacing the storm drain system along the length of the project. The S. 6th Reconstruction project will be executed in 3-4 block chunks at a time starting in May 2021 and will fi nish in October 2021. About the Project:• The project includes a full reconstruction of the street from curb to curb including replacement of the roadway, curbs, some root-affected sidewalks, sewer main, water main, and stormwater drain system. • Traffi c calming measures will be installed and will include traffi c circles at S. 6th Ave. and Koch, S. 6th Ave. and Alderson, and S. 6th Ave. and Harrison. A barricade will be installed at S. 6th Ave. and Cleveland. Additional calming measures are TBD. • The project will be executed in 3-4 block chunks. During construction, affected residents will need to move vehicles, trailers, RVs, drift boats, snowmobiles, and more off of the roadway. Residents will not have access to driveways during construction. • Property owners along the reconstruction area will share 35% of the project cost, which is a total of $767,556. For an average lot size, the monthly cost will be $40.06. The City of Bozeman will pay for the remaining 65% of project costs. Project Schedule S. 6th Avenue FAQs Will I have access to my driveway? > S. 6th Reconstruction Project Anticipated Construction Schedule Jan Feb Mar April May-Oct SID Process Public Meeting 1/13 Resolution of Intent 2/2Mail notice to property owners 2/4Publish notice 2/7 & 2/14 15 day protest period 2/8-2/24 Public hearing on resolution of creation 3/2 Pre-construction Advertise for construction bids 3/7-3/28Open bids 3/30Award contract 4/13 Construction Construction begins. Exact dates TBD May-Oct MSU Cooper Park SouthsidePark S 7t h Ave S 8t h Ave S 9t h Ave S 5th A ve S 4th A ve S 3r d AveS 6th Ave W Koch St W Story St W Dickerson St W Curtiss St W Olive St W Babcock St W Alderson St W College St W Harrison St W Cleveland StS 6th AveS 6th AveS 8th Av e S 9t h Ave S 3r d Ave W Koch St W Story St W Dickerson St W Curtiss St W Alderson St W Main St W Babcock StW Babcock St N 7th Ave N 8th A veN 9th A ve N 3rd A veN 5th A ve CONSTRUCTION MAP E. MAIN ST. As the Bozeman community continues to grow, our infrastructure and utilities must grow along with it. Starting in late spring 2023, the City of Bozeman will be updating our sewer main and infrastructure on E. Main St. The areas of E. Main St. from Bozeman Ave. to Church Ave. will be affected as well as Church Ave. from Main St. to Babcock, and Bozeman Ave. from Main St. to Mendenhall. Main St. will remain open, however with reduced lanes, and no on-street parking in the work area. This project is expected to last through summer 2023. About the Project:• The project includes replacing the existing sewer main in the center of Main Street, which is undersized and failing, to accommodate future growth and maintenance demands. • The construction work will be completed in two phases. Phase one will run from Bozeman Ave. to Rouse Ave. Phase two will run from Rouse Ave. to Church Ave. • E. Main St. from Bozeman to Church Avenues will be reduced to single lane traffi c each way with no on-street parking. Church Ave. from Main St. to Babcock will be closed, and Bozeman Ave. from Main St. to Mendenhall will also be closed during this work period.• This construction will not affect community events such as Music on Main and Sweet Pea festival. FAQs WILL MAIN ST. BE CLOSED? + WILL BUSINESS ACCESS BE MAINTAINED DURING CONSTRUCTION? + HOW LONG WILL THE PROJECT LAST? + WILL THIS PROJECT AFFECT COMMUNITY EVENTS LIKE THE SWEET PEA FESTIVAL OR MUSIC ON MAIN? + WILL THERE BE REDUCES SPEEDS THROUGHOUT THE CONSTRUCTION ZONE? + WILL THE SEWER PROJECT BE COMPLETED THIS SUMMER? + E. Main St. Construction E MAIN STE MAIN ST E BABCOCK STE BABCOCK ST E MENDENHALL STE MENDENHALL ST N CHURCH AVEN BOZEMAN AVEN ROU S E A V E S ROU S E A V E S BOZEMAN AVEN BLACK AVEN TRACY AVEN WILLSON AVEN GRAND AVES BLACK AVES TRACY AVES WILLSON AVES CHURCH AVES WALLACE AVEN WALLACE AVES GRAND AVEW MAIN ST E MAIN ST ONE WAYONE WAY ONE WAYONE WAY BRIDGER BOWL16 MILESPLEASE NOTE: Not all areas in the construction zone (in yellow above) will be a ected at the same time. FALL LEAF PICKUP The City of Bozeman will be picking up leavesOCTOBER 21 NOVEMBER 15 Garbage · Recycling · Compost · Bulky Item Pickup · Roll-Off Services DUMP ON US. WE CAN TAKE IT. Compost collection will begin again in Spring 2024. Thank you for composting with us this year. Spring/Summer 2023 WATER SMART BOZEMAN.WATER SMART BOZEMAN. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM FREE Water Smart Landscaping ClassesFREE Water Smart Landscaping Classes Get inspired and learn to transform your yard into Get inspired and learn to transform your yard into a water smart landscape. Six classes. Six dates. a water smart landscape. Six classes. Six dates. Sign up for one or all. Limited slots available.Sign up for one or all. Limited slots available. RegisterRegister today! today! >> WATER SMART BOZEMAN.WATER SMART BOZEMAN. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM FIX-A-LEAK WEEKFIX-A-LEAK WEEK10 10 00//00 of homes have leaks that waste about 90 gallons of water per day. of homes have leaks that waste about 90 gallons of water per day. Join the City of Bozeman for Fix-A-Leak Week, March 15-21. Join the City of Bozeman for Fix-A-Leak Week, March 15-21. Pick up your FREE Fix-A-Leak Kit and start saving water today. Pick up your FREE Fix-A-Leak Kit and start saving water today. More info >>More info >> WATER SMART BOZEMAN.WATER SMART BOZEMAN.The Bozeman City Commission has announced a The Bozeman City Commission has announced a STAGE 2 DROUGHT DECLARATION STAGE 2 DROUGHT DECLARATION effective July 16, 2021.effective July 16, 2021. WHAT DOES A STAGE 2 DROUGHT DECLARATION MEAN?WHAT DOES A STAGE 2 DROUGHT DECLARATION MEAN?Mandatory water restrictions are in effect and Mandatory water restrictions are in effect and expect a drought surcharge on your water bill. expect a drought surcharge on your water bill. MORE INFO MORE INFO >> BOZEMAN DROUGHT METERBOZEMAN DROUGHT METER** The City of Bozeman is currently inThe City of Bozeman is currently inSTAGE 2 DROUGHT DECLARATIONSTAGE 2 DROUGHT DECLARATIONWhat happens:What happens:Mandatory outdoor watering restrictions begin.Mandatory outdoor watering restrictions begin. NORMAL WATCH ADVISORY WARNING EMERGENCY E. MAIN ST. https://bznwatershed.com https://juliusbrewing.com https://www.gallatinwatercollaborative.org 145 The Nest Collective, LLC | September 2023 15 Video Media Samples https://youtu.be/LP1hWs0e85Yhttps://youtu.be/cdgOqwl3NdAhttps://youtu.be/wOnmPIrgOVw City of Bozeman, Streets Division “Winter Action”, TV :30 https://youtu.be/pAHLKX4pzec City of Bozeman, Streets Division “Winter Horror”, TV :30 https://youtu.be/V_JZRKZEGi0 City of Bozeman, Streets Division “Winter RomCom”, TV :30 https://youtu.be/oNFqdhNcgzo City of Bozeman “4-in-1 Solution”, TV :30 https://youtu.be/WztgqYhkhJg City of Bozeman, Public Works “Snow’s Gotta Go”, TV :30 http://bit.ly/2xLOqAA 146 The Nest Collective, LLC | September 2023 16 Social and Digital Media Samples March 20-26. March 20-26. Get a FREE Fix-A-Leak Get a FREE Fix-A-Leak KitKit** and start saving and start saving water today. water today. WATER SMART BOZEMAN.WATER SMART BOZEMAN. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM FIX-A-LEAK FIX-A-LEAK WEEKWEEK More info >>More info >> *While supplies last. Proof of address required. Help preventbear encounters.Secure your totes andwait until your collection day to put them out. BE SMARTER THAN THE AVERAGE BEAR. DUMP ON US. WE CAN TAKE IT. Garbage · Recycling · CompostBulky Item Pickup · Roll-Off Services GARBAGE https://youtube.com/ shorts/aeCcjfOyXaU?- feature=share https://youtube.com/ shorts/DQ3dowET- jaY?feature=share https://youtube.com/ shorts/z-ERJPx5JFM?- feature=share https://youtube.com/ shorts/9chQS4s- Jmyg?feature=share MORE INFO >> REPORT.COM BOZEMANSTREET GUIDE TOWINTER SHOVELING REPORT.COM BOZEMANSTREET MORE INFO >> SIDEWALKS MUST BE CLEARED WITHIN 24 HOURS OF NEW SNOWFALL. MORE INFO >> REPORT.COM BOZEMANSTREET SIDEWALKS MUST BE CLEARED WITHIN 24 HOURS OF NEW SNOWFALL. REPORT.COM BOZEMANSTREET MORE INFO >> GUIDE TOWINTER SHOVELING. SHOVEL IT OR WE WILL DO IT MORE INFO >> REPORT.COM BOZEMANSTREET SHOVEL ITOR WE WILL DO IT FOR YOU AND SEND YOU THE BILL. REPORT.COM BOZEMANSTREET MORE INFO >> SHOVEL IT OR WE WILL DO IT FOR YOU AND SEND YOU THE BILL. PermanentWatering Restrictionsare in e ect. Even-number addressTUES THUR SAT Odd-number addressWED FRI SUN Watering is permitted on your allowed watering days BEFORE 10AM ANDAFTER 8PM. WATER SMART BOZEMAN.WATER SMART BOZEMAN. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM CHECK YOUR CHECK YOUR SPRINKLERSSPRINKLERSfor obstructions, for obstructions, leaks, and broken or leaks, and broken or misaligned nozzles. misaligned nozzles. Repair as needed.Repair as needed. WATER SMART BOZEMAN.WATER SMART BOZEMAN. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM CHECK YOUR CHECK YOUR SPRINKLERSSPRINKLERSfor obstructions, for obstructions, leaks, and broken or leaks, and broken or misaligned nozzles. misaligned nozzles. Repair as needed.Repair as needed. 147 The Nest Collective, LLC | September 2023 17 Signage, Collateral, and Other Samples City of Bozeman Communications Plan6 City of Bozeman Communications Plan 7 Communications Goals The Communications Goals in this plan have been identified as the highest priorities for improving the City of Bozeman’s communications with our community. These goals may change or be replaced in future plans. GOAL 1: Telling the StoryBozeman’s story is vibrant, visual, and full of as many successes as it has challenges. It is time to celebrate those with the Bozeman residents and highlight the work of this community by taking full advantage of existing tools and resources. GOAL 2: EngagementCommunity engagement creates multiple opportunities for the public to contribute to city decisions. We bring these opportunities to the community through existing tools, city led programs, and by incorporating new and cutting edge options. GOAL 3: Celebrating and Enhancing PartnershipsWe commit as an agency to supporting and engaging the many working partnerships of the City through our communication efforts. GOAL 4: Communicating the Strategic PlanStrategic plan projects can be complex, staff intensive, and at times mean new policy, programs or procedures. This requires a high level of communication and engagement support by city staff. The strategy for supporting these efforts must be prioritized and clearly defined beyond the day to day work. GOAL 5: Communications Infrastructure as an AgencyA strong and united body of employees bolsters the success of the agency. Improving communications as an organization ensures that we unify the City’s message from within so that we speak as one city, with one voice. GOAL 6: Communications and Public Engagement as an Integrated City ServiceCommunications and public engagement must be fully integrated into all government services. Staff will work together to plan for technical support serving the public. City of Bozeman Communications Plan 7 City of Bozeman Communications Plan 1 Communications Plan 148 The Nest Collective, LLC | September 2023 18 f) The hourly billing rates of individuals providing professional services. Estimated costs for media buys and printing costs shall be provided as well. The Nest Collective applies a consistent hourly rate of $100, irrespective of the nature of the task, the specific service rendered, or the personnel engaged in the project or assignment. When Nest team members join a project or assignment, they are allocated a budget to manage, and the client will receive invoices for the hours worked without any additional markup. Any external expenses, such as those related to media and printing, are subject to a standard 15% markup, unless alternative arrangements have been agreed upon or the client opts to cover these costs directly. MEDIA EXAMPLE The expenses associated with media and printing are contingent upon various factors, including the specific objectives and scope of the project or assignment, the allocated outreach budget, and the frequency and duration of the campaign. Included here is an overview of actual costs for media, printing, and other outside costs for the City of Bozeman Public Works (Utilities, Transportation, and Engineering) for the past three fiscal cycles. FY21 (July 1, 2020, to June 30, 2021) $149,472.80 – Media $25,251.95 – Printing $12,821.56 – Other Outside Costs FY22 (July 1, 2021, to June 30, 2022) $111,335.90 – Media $24,556.33 – Printing $10,003.95 – Other Outside Costs FY23 (July 1, 2022, to June 30, 2023) $139,284.10 – Media $13,970.90 – Printing $5,877.86 – Other Outside Costs The Nest anticipates that media costs will be in the $130,000 to $160,000 range for one year, and printing costs will be in the $12,000 to $30,000 range based on the history of campaigns and the increase in cost of media and printing. Outside costs include photography, filming, film editing, production, talent, copywriting, illustration, swag, and any other special items needed to fulfill the outreach request. 149 The Nest Collective, LLC | September 2023 19 g) Identify each principal of the firm and other key personnel who will be professionally associated with the COB PWD with this contract. Describe their respective areas of expertise and contract role. Include personalized resumes that identify the qualifications, training, and experience of each key personnel. Kendra Callantine Principal, Account and Project Manager/Media Strategist The Nest Collective, LLC, Bozeman, Montana Professional Summary Multi-talented marketing professional with over 30 years of experience in negotiating strategic media buys, managing complex projects, crafting comprehensive marketing plans, and keeping a vigilant eye on quality assurance and team performance. Relevant Skills • Implementing and managing advertising across varied multiple traditional, social media, and digital and up and coming platforms • Negotiating best rates and contracts for optimum client savings on media buys and outside services such as printing and manufacturing while maintaining positive vendor relations • Collaborating with teams to meet and exceed clients’ goals while ensuring excellence of final outcomes • Detail-oriented personality ideal for project management, quality assurance, and brand adherence • Works within best practices for ADA compliance for all materials • Implementing and safeguarding brand integrity across platforms Relevant Experience July 2014–Current Principal, Account and Project Manager/Media Strategist The Nest Collective, LLC, Bozeman, Montana Coordinates and manages projects and budgets, subcontractors, client, media, and vendor relations, and provides quality control for all work through The Nest Collective. Collaborates alongside The Nest partners and other marketing and PR professionals to provide a variety of strategic plans, marketing, media, and public relations campaigns for: • City of Bozeman • METI • Four Corners Foundation • Crosscut • Headwaters Economics • Madison Valley Bank • Julius Lehrkind Brewing 150 The Nest Collective, LLC | September 2023 20 February 2013–Current Principal, Account and Project Manager/Media Strategist Kendra Callantine & Company, Bozeman, Montana Collaborates alongside other local independent marketing and PR professionals to create a variety of strategic plans, individual marketing, media, and public relations campaigns for local and regional clients with an emphasis on public services and greater good. Notable clients over the past four years include: • City of Bozeman • Chalet Market • West Paw • Western Home Journal February 2002–January 2013 Account Executive, VP of Print Management and Vendor Relations Mercury Advertising (MercuryCSC), Bozeman, Montana Helped agency clients actualize their marketing goals while directing a team of creatives towards those goals. Maintained impeccable adherence to process and protocols to ensure smooth delivery. Specialized in creating strategic media plans, developing, and maintaining relationships with print vendors, and negotiating large-scale print buys for clients like: • Montana Office of Tourism • Big Sky Chamber of Commerce • Bozeman Convention and Visitors Bureau • Big Sky Resort • Redington Fly Rods • First Interstate Bank • Murdochs (formerly Big R) • Mackenzie River Pizza • Southeast Montana Tourism Awards • Winner of several regional and national gold and silver ADDY awards for creative excellence Education • Colorado Institute of Art, Denver, Colorado Associate Degree Advertising Design • International Association for Public Participation (ia2p) Planning for Effective Public Participation Techniques for Effective Public Participation 151 The Nest Collective, LLC | September 2023 21 Robyn Egloff Principal, Creative Director The Nest Collective, LLC, Bozeman, Montana Professional Summary Highly experienced creative director specializing in creating large-scale communication strategies, maintaining consistent branding across platforms, and translating clients’ messages into effective, easy-to-understand brand campaigns. Long tradition of working with government, conservation, and public services entities. Relevant Skills • Creating cohesive branding that maintains a strong, compelling look and feel across all media • Broad experience working with all media types: print, radio, video/TV, web, signage, vehicle wrap, displays, booths, collateral • Works within best practices for ADA compliance for all materials • Longstanding relationships with printers and complete understanding of printer protocol • Practical work ethic maximizes impact while minimizing budgets • Variety of design styles, but prioritizes consumer understanding over trendy styles • Ability to solve complex design challenges, finding optimal solutions for clients • Proven ability to meet deadlines and foresee challenges for seamless project orchestration Relevant Experience July 2014–Current Principal, Creative Director The Nest Collective, LLC, Bozeman, Montana Creates and oversees all creative work through The Nest Collective. Translates messaging into compelling calls to action through a variety of media and campaigns for: • City of Bozeman • METI • Four Corners Foundation • Crosscut Mountain Sports Center • Headwaters Economics • Madison Valley Bank 2008–Current Principal, Creative Director Robyn Egloff Design, Inc., Bozeman, Montana Translates even the most complex of messages into compelling calls to action, relying on simple infographics, inviting print media, large-scale cross- 152 The Nest Collective, LLC | September 2023 22 platform campaigns, and attractive brand collateral, focusing on the unique challenges of public services and conservation non-profits such as: • City of Bozeman • Headwaters Economics • Outlaw Partners • EcoAdapt • Wildlife Conservation Society • University of Montana - Institute for Tourism & Recreation Research 1999–2007: Graphic Designer, Art Director Mercury Advertising (MercuryCSC), Bozeman, Montana Crafted high-level, high-profile campaign materials such as annual reports, brochures, print ads, billboards and more for clients with a focus on public good and community pride, such as: • Montana Office of Tourism • Bozeman Public Library Foundation • Big Brothers Big Sisters • Big Sky Chamber of Commerce • Bozeman Chamber of Commerce • Gold West Country Awards • Winner of several regional and national gold and silver ADDY awards for creative excellence Education • Bachelor of Fine Arts, Graphic Design, Montana State University, 1999 • Bronze Pencil Winner (presented to highest achieving students in each artistic medium) Rebecca Edwards Principal, Communications Strategist The Nest Collective, LLC, Bozeman, Montana Professional Summary Diversely experienced communications strategist, issue advocate, and political consultant for clients in the public, conservation, and political sectors. Well- versed in crafting, overseeing, and executing strategic, high level communication plans with sensitivity to both end clients and their key partnerships. Relevant Skills • Developing communication strategies regarding potential legislation, rulemaking and organizations including City of Bozeman, Blackfoot 153 The Nest Collective, LLC | September 2023 23 Clearwater Stewardship Act, Hold Our Ground monument campaign, Land & Water Conservation Fund, Sage Grouse Management Plan, Clean Water Act, Clean Energy campaign, Western Conservation Foundation, The Wilderness Society, Gallatin Forest Partnership, Bozeman Municipal Watershed, Wyoming Public Lands Initiative, and more • Creating marketing strategies, materials, branding, and communication plans for both conservation non-profits and for-profit companies • Writing, lobbying, communicating, and advocating for policy • Working closely with local (city commissioners, county commissioners), state (governors, state senators and state house representatives), and federal elected officials (senators and house representatives) and their staffs • Healthy relationships with all current Montana politicians and many national politicians and their staff • Ongoing relationships with national conservation and advocacy groups such as: The Wilderness Society, Gallatin Valley Land Trust, The Nature Conservancy, Western Conservation Foundation, Resource Media, Montana Wildlife Federation, Trout Unlimited, American Rivers, Wyoming Outdoor Council, Theodore Roosevelt Conservation Partnership, Pew Charitable Trust, Backcountry Hunters and Anglers, Wild Montana, Mountain Mamas, and many more • Crafting earned media pitches to local, state-wide, and national media outlets • Writing national and state-wide editorial pieces and opinion columns • Training advocacy groups regarding media outreach, communication plan development, and relationship building • Technical knowledge of water issues such as: Integrated Water Resources Plan, stormwater MS4 permitting, non-point-source contaminates, state water plan components, water compacts, water mitigation banks, and more • Vast knowledge of government systems and process at city, state, and federal levels • Delivering articulate, on-message interviews as an effective spokesperson with regional and national media Relevant Experience July 2014–Current Principal, Communications Strategist The Nest Collective, LLC, Bozeman, Montana Specializes in providing media relations, communications, consulting, copywriting, social media strategy, marketing campaigns, and strategy to the City of Bozeman Transportation, Engineering, and Utilities (through our existing contract) and other City entities such as: • City of Bozeman, Parks, and Recreation Department • City of Bozeman, Forestry • City of Bozeman, Neighborhoods • City of Bozeman Manager • City of Bozeman, Planning Department 154 The Nest Collective, LLC | September 2023 24 • City of Bozeman, Sustainability • City of Bozeman, Bozeman Municipal Watershed Project • City of Bozeman, Bozeman Public Safety Center Bond Education • City of Bozeman Facilities Bond and Affordable Housing Mill Levy Education Other current organizations and business entities include: • METI/U.S. Forest Service • Four Corners Foundation • Crosscut Mountain Sports Center April 2010–Current Principal, Communications Strategist Sun Snow Creative, LLC, Bozeman, Montana Specializes in media relations, conservation communications, political consulting, copywriting, social media strategy, marketing campaigns, and non-profit strategy for clients in the public eye, including: • City of Bozeman • The Wilderness Society* • Resource Media* • Western Conservation Foundation* • Mountain Mamas* *Project specifics can be described privately, however, due to contract confidentiality agreements cannot be written into a public document. March 2006–March 2010 Public Relations Executive Mercury Advertising (MercuryCSC), Bozeman, Montana Spearheaded media relations strategies and cultivated relationships with key national and in-state media, resulting in extremely positive editorial exposure (print, broadcast, web, and social media) for the state of Montana as well as agency of record, MercuryCSC. Awards and Affiliations • Winner of several regional and national gold and silver ADDY awards for creative excellence • Executive Director and founder of national non-profit Mountain Mamas • Former board member and current supporter of Montana Land Reliance Legacy Committee, Bozeman Ice Festival, Montana Wilderness School, Montana Conservation Voters, Southwest Montana Climber’s Coalition and Friends of Hyalite Education • Montana State University, Bozeman, Montana B.S. English Literature & Political Science 155 The Nest Collective, LLC | September 2023 25 h) A description of the firm’s current work activities and how these would be coordinated with the project, as well as specific current workloads of the project team members. As of the submission of this proposal, The Nest Collective and subcontractors mentioned in this Request for Proposal (RFP) are eagerly available to tackle this scope. The Nest remains committed to maintaining our meticulous approach to timelines and deliverables to ensure that our work aligns with the City of Bozeman's commendable and consistent efforts. Each member of The Nest Collective team comprehends the scope of work entailed by this contract and is prepared for upcoming projects, whether they involve rapid turnaround tasks, nimble adaptability, or more extended campaigns connected to this agreement. While we anticipate zero conflict in availability, we’re proud of the work we do for our other clients and commitments. Kendra Callantine is the Nest’s “glue”, managing all our client projects and volunteering with causes like HRDC. Robyn Egloff offers art direction and consultation for conservation nonprofits and volunteers for the Bozeman Ski Foundation. Becky Edwards serves as the Executive Director for Mountain Mamas and sits on the America The Beautiful for All Coalition Committee. 156 The Nest Collective, LLC | September 2023 26 i) A list of any subconsultants including information required in parts E and F above. The Nest Collective’s business model is based on having a strong base of professionals to steer the business and provide consistency and overall project and budget management of our clients. Instead of having staff on hand or a strict list of subconsultants, we bring in the best qualified individual(s) on a project-by-project basis. This formula allows us to provide exactly what is needed for your project. Subconsultants are hired on a per project/campaign basis and are provided a budget by The Nest to adhere to and work with. Costs charged by the subconsultants are passed on to our client without markup. Hourly rates are not provided as they invoice on an overall project cost as determined by The Nest and the clients budget vs. by the hour. Listed below are five subconsultants that we work with on a regular basis for copy writing, creative strategy assistance, and film/video for City of Bozeman projects. Each of these subconsultants have worked on a variety of City of Bozeman projects via The Nest and are familiar with the intricacies of local government language. We would continue to call on them as needed in the future should we be awarded this contract. Other subconsultants may be brought on for individual projects based on the project needs, skill sets desired, and overall budget. Subconsultants can include illustrators, designers, photographers, videographers, digital editors, website programmers, etc. Kira Stoops Special Projects Copywriter and Creative Consultant, Flying Bicycle Creative Portfolio of work: www.flyingbicyclecreative.com Professional Summary Kira has collaborated with Nest leadership since 2006 and has been a part of our City of Bozeman team since the start, developing concepts and copy for many of the City projects. Creative strategist and copywriter with a rare, well-honed talent for developing brand strategy, crafting effective campaign strategies and concepts, and leading users from intrigue to action through intentional messaging. Experienced in helping clients identify singular points of differentiation, prioritize their key messages, and broadcast those messages in a consistent yet standout brand tone. Relevant Skills • Unique ability to uncover the most important, relevant takeaway even within complex subjects • Long track-record of inspiring readers to act—changing or modifying behavior 157 The Nest Collective, LLC | September 2023 27 • Adept at writing in a range of intelligent, accessible voices, from professional to witty to concise • Well-versed in adapting verbiage to different mediums such as web, radio, television, print, signage, video, social media, and non-traditional advertising • Specializes in creating targeted verbiage that audiences absorb, remember and take to heart • Highly creative, excellent at finding catchy, out-of-the-box methods for conveying key messages • Delivers ahead of deadlines with a high rate of return Relevant Experience 2008–Current Principal, Creative Strategist Flying Bicycle Creative Develops messaging strategies, then wordsmiths them to suit any platform. Guides companies and organizations to clearly define their goals, messages, and unique brands, and then broadcast their ethos with strong concepts in a memorable, cohesive brand style. Specializes in clear, engaging language that’s smart, likable, and effective. Focuses on end-clients in government, the non-profit sector, and companies with outstanding corporate ethics, such as: • City of Bozeman (through The Nest Collective, LLC) • Center for Large Landscape Conservation • Oboz Footwear • West Paw Design • Warriors and Quiet Waters • BridgerCare • Zephyr Cycling Studio • Eating Disorder Center of Montana • Mountain Mamas • Montana CASA (Court Appointed Special Advocates) • Moonlight Basin Ski Resort • Belgrade CVB 2006–2008 Copywriter, Graphic Designer MercuryCSC, Bozeman, Montana Boosted brand storytelling for large end-clients with creative ad concepts, headlines, body copy, TV, and radio scripts on one hand, while adhering to strict brand standards to design print ads on the other. Awards and Recognition • Several Regional Gold and Silver ADDY Awards for Creative Excellence Education • Southern Oregon University, Ashland, Oregon, B.A. Digital Art 158 The Nest Collective, LLC | September 2023 28 Stephanie Dennee Copywriter/Brand Strategist Portfolio of work: www.stephaniedennee.com Professional Summary Creative copywriter with expertise in developing comprehensive brand copy, delivering consistent and memorable messaging across multiple platforms. Engages audiences through concise and compelling language that stays true to brand voice and tone. Relevant Skills • Writes effectively across diverse mediums, adapting brand language for web, print, radio, social media, collateral, native articles, and non-traditional media. • Specializes in developing unique, memorable brand voices with the creative capability to tap a wide range of copy styles • Strategically crafts messages to maximize resonance with target audience • Cultivates innovative solutions to copy needs through a strong creative mindset • Adept at translating complex information into accessible, key take-aways for wide audiences • Collaborative, responsive, and deadline-driven Relevant Experience 2017-Current Freelance Copywriter Facilitates brands in finding and honing their authentic voice. Connects clients with their customers through meaningful, result-driven content across multiple mediums. Conceptualizes and crafts messaging for a diverse set of businesses, including: • Bozeman Children’s Theater • City of Bozeman (through Nest Collective, LLC) • Julius Lehrkind Brewery (through the Nest Collective, LLC) • Locati Architects • Madison Valley Bank (through the Nest Collective, LLC) • Sageborn Skincare • Theory Salon • Three Miles Out Furniture • Timberline Dental 159 The Nest Collective, LLC | September 2023 29 Bylines Frequent article contributor to regional home design magazine Western Home Journal. Interviews designers, architects, builders, and craftsmen, creating focused pieces on building trends and taste makers. 2005-2009 Media Strategist, Account Executive Mercury Advertising (now MercuryCSC) Researched, developed, implemented, and analyzed media purchases for local, regional, and national clients. Drilled into demographics and consumer research to determine the spaces, habits, and preferences of clients’ target audiences to reach them effectively. Managed accounts for several local and regional clients, driving creative projects toward proven results. Education • Gonzaga University, Spokane, Washington, B.B.A. Marketing • Stanford University, Online Continuing Studies, Creative Writing Studio • Stanford University, Novel Certificate Program, Creative Writing Studio Corey Ellbogen Web Designer & Wordpress Developer, Ellbo Design Co Portfolio of work: ellbodesignco.com Relevant Skills • Illustrator • Photoshop • InDesign • WordPress • HTML • CSS • Sketch • InVision Relevant Experience May 2021 to present Owner, web, and graphic designer Ellbo Design Co • Web design • Custom WordPress and Shopify websites • Front end web development, html, and CSS • Branding and identity • Misc. print and digital design 160 The Nest Collective, LLC | September 2023 30 August 2016 to May 2021 Senior Web Designer MAKE Digital Group • Custom website and site asset design • Custom front end development, html, and CSS • Website theme customization • Traditional print and digital design collateral • Branding and identity • Large scale print design January 2014 to July 2016 Ecommerce Design Manager The Natural Baby Company • eCommerce website design and management • Front end development, html, and CSS • Promotional graphics and social media campaigns • Pattern and packaging design • Product photo editing • eCommerce product building • Misc. print and digital design duties Education • Montana State University BFA Graphic Design Minor: Small business owning and entrepreneurship Seth Erik Neilson Owner, Creative Director, WASA Industries Portfolio of work: www.sethneilson.com Professional Summary Experienced multidisciplinary creative director, illustrator, photographer, and designer who is ready to bring the right ideas to life for the right clients. Relevant Skills and Experience October 1998-Current Owner, Creative Director, WASA Industries • Creative direction, graphic design, photography, marketing strategy, illustration, brand development, interactive design, and strategic creative consulting. June 2019-Current Creative Director, Uphill Pursuits 161 The Nest Collective, LLC | September 2023 31 • Developed and produced all branding, graphics, communications, assets, signage, and brand assets for the best little specialty outdoor shop in Bozeman. Currently providing ongoing creative direction, graphic design, photography, marketing strategy, and good vibes. Other Client Experience • AAA, Adventure Journal, Audley Travel, Backcountry.com, City of Bozeman, Converse, ExOfficio, Facebook, First Interstate Bank, Lou Reed, Microsoft, Montana Office of Tourism, Nau, Nike, Orvis, Patagonia, PACCAR, Pike Place Fish, REI, Sage Lodge, Scientific Anglers, Semi- Rad, Sony, Seattle Public Schools, Tom’s of Maine, University of Washington, The Wilderness Society, Vasque Education • DeVry University, BS Computer Information Systems • Ricks College, Art History Eric Ian Owner, Director / Director of Photography, Eric Ian Photo & Film, LLC Portfolio of work: www.erician.com Professional Summary Owner of a nimble, thoughtful full-service production company based in Bozeman, Montana, with 8 years of experience directing purpose-driven stories that deliver genuine emotional connection. Relevant Skills • Highly detail-oriented in both the technical and narrative aspects of filmmaking, ensuring that final deliverables meet or exceed client expectations. • Collaborative mindset to identify the best possible solutions and approaches to a client’s needs. • Professional execution at all stages of a production – from planning and pre- production, writing and principal filming to post-production and delivery for both broadcast and web. • FAA Part 107 Certified Remote Pilot Relevant Experience From still-image advertising to branded shorts, documentaries, and conservation campaigns, our work educates, promotes, fundraises, and creates connection between our clients and their audience. • City of Bozeman, Bond Education Projects (Bozeman Public Safety Center, Parks, and Trails District) • National Parks Conservation Association • Montana State University 162 The Nest Collective, LLC | September 2023 32 • Gallatin Valley Land Trust • The Bozeman Public Library Foundation • Vital Ground Foundation • Prickly Pear Land Trust • Montana Association of Land Trusts • The Cornell Lab of Ornithology • The Nature Conservancy • Wild Montana • Casting for Recovery Relevant Links www.erician.com www.vimeo.com/ericianphotofilm Education • Villanova University – Bachelor of Science in Computer Science 163 The Nest Collective, LLC | September 2023 33 j) Project management and organizational chart of key personnel assigned to the project including any sub-consultants that may be used. Indicate how the PWD will interact with the key personnel on the project. Kendra Callantine serves as the primary point of contact for our client and in her role as Project Manager will oversee all interactions with the City of Bozeman Communications and Engagement Manager, as well as liaise with various Public Works departmental and divisional personnel as necessary. She will be responsible for overseeing project timelines, managing the budget, collaborating with external vendors, and executing media purchases. Creative Director Robyn Egloff and Communications Strategist Becky Edwards will enhance communication efficiency by primarily communicating through Project Manager Kendra unless situations arise where it is more appropriate to directly engage with the client and other client contacts. This structure may vary depending on the City of Bozeman’s needs, and how closely these roles need to interact with each other. Subcontractors and outside services contacts will be managed by our team and will require little to no contact with our clients. We are a small collective that meets weekly on our Public Works Department projects, and will continue to do so, to ensure top-notch internal communication and to connect regarding timelines and projects within the contract. 164 The Nest Collective, LLC | September 2023 34 k) A description of no more than three similar projects completed for a local government entity including whether the projects were completed on time and within budget. Include primary client contact information for each in order to facilitate reference checks. Case Study #1 - Outdoor Water Use Campaign Client: City of Bozeman, Water Conservation Division Contact: Jessica Ahlstrom, Water Conservation Program Manager, jahlstrom@bozeman.net Campaign Objective: Educate City of Bozeman residents and raise awareness about our water resources, our susceptibility to drought, and ways to save water during the summer months and beyond. Also, to have media placement at the ready should a drought emergency occur, we could easily change messaging in existing media buys to reflect the current drought status and actions required of the community. Action: The Nest has worked closely with the Water Conservation staff over the past several years to build a strong outreach plan that addresses the many messages that are needed to educate our residents. The messages include: • We are drought prone – what does this mean? • Where does our water come from? • How much water is used for our summertime outdoor spaces? • Rebates are offered by the City of Bozeman. • The City of Bozeman offers free water system assessments. • Ways to save water via your outdoor water systems. • Permanent watering restriction guidelines. • Water rates. Along with multiple messages, we have a variety of demographics to work with to ensure the word is spread. Senior residents who may or may not be on social media or digital devices, newcomers to the community, residents who are purchasing their first home, college students, and long-term residents who are unaware of the water challenges our community is facing or haven’t thought much about how they can make a difference. With a limited budget, the tactic has been to diversify the outreach in a way that meets the objectives but communicates in the place’s residents, and sometimes visitors, are taking in information. For this current outreach effort, we chose to reuse creative from the previous year, with some appropriate updates. We looked at each outreach element and assigned an appropriate budget, while considering the other elements already placed. Not only did this save money for taxpayers, but it helped to build familiarity with the Water Conservation message and brand. 165 The Nest Collective, LLC | September 2023 35 Each year we have worked closely with Jessica and her team to create a plan that will reach the many segments of our community while not using her entire budget. All outreach leads back to bozemanwater.com or specific pages within the website. Print • Print banner ads placed on the weather page in the Friday edition of the Bozeman Chronicle every Friday May 5 through September 29. • The ad message includes the drought meter showing current drought status, along with an irrigation tip or mention of outdoor rebates. The messages rotate throughout the ad buy. • If drought conditions change, the drought meter portion can be updated to reflect the status. • The print space is available to be used in the event of a drought and we can change out the entire ad message to reflect drought stages and impact to our community. Direct Mail • Early in the season a direct mail piece was sent to City of Bozeman residents with a reminder about the permanent watering restrictions. The message also included information about the tiered rate billing structure. Statement Stuffer • At the end of May, City of Bozeman utility statements included a Quick Guide to Water Conservation for your Lawn and Landscape. • The stuffer communicated information about landscape and irrigation rebates, sprinkler system assessments, permanent watering restrictions, water smart tips for your lawn and landscape, along with information about additional available resources. • This stuffer is delivered to each resident that receives a paper/mailed utility statement. Unfortunately, there is not a current system within the City of Bozeman to include statement stuffers in electronic utility statements, which we would highly encourage. Water Smart Planting Guide • For the past several years we have created a Water Smart Planting Guide for the Bozeman Area. The guide provides information about where our water comes from, tips and ideas for making water smart changes in your lawn and landscape, information about outdoor rebates, and a message about the Dropcountr app, plus much more. • The guide is distributed in the Bozeman Chronicle, with a sticky note on the front to let readers know to watch for the guide in the paper. • An overrun of the guide is also printed for the Water Conservation team to distribute in racks, events, garden stores, and more. • The quantity of printed guides is based on circulation within Bozeman City Limits plus an overrun determined by previous years Water Conservation team distribution. 166 The Nest Collective, LLC | September 2023 36 Digital • A Run of Network buy was placed to engage City of Bozeman residents on their desktop, tablet, and phone. The buy has been running from May 1 of this year and will conclude on September 30th. • Ads communicated irrigation tips along with rebate information. The creative was rotated to avoid message burnout. • The digital ad buy also guaranteed space for the City of Bozeman should a drought message need to be sent out to the public. Creative could be swapped quickly to ensure the message was up to date. • The campaign was set for a combined ad placement of over 90,000 digital ads. Social Media • Messages for Facebook and Instagram were created to complement the digital, print, and other outreach. Ads were placed by the Water Conservation team as needed. Radio • Two :30 spots, Nosey Neighbors #1, and Nosey Neighbors #2, were placed on three local radio stations which perform well in the Bozeman community, hits a broad demographic, and reaches over 54,709 weekly listeners. The spots were scheduled to run more than 288 times, in primetime placement, over the three stations between May 1 and September 30. • City of Bozeman Water Conservation paid for half of the spots as the other half were negotiated as non-profit commercials. • Additionally, the spots ran during the streaming broadcasts. • As an additional added value, information about water, water conservation, and irrigation tips were shared by the morning DJ during the live broadcast. Content Sponsorship • Along with the above added value with the radio spots, content sponsorship was secured. The content highlighted information on water conservation, irrigation, and more. • The content could be viewed on desktop, tablet, and phones with most visitors viewing via their mobile device. • Unique visitors to the above devices in a one-month period averaged 583,235, with total page views on all devices and via website and apps averaging more than 4 million. Results: Print and collateral can only be measured, through this campaign, by pieces printed and distribution. Social media activity is managed by the City of Bozeman IT department and reported directly to the Water Conservation team. Digital efforts performed as follows (through September 19): • Targeted display KPIs – 436.02K, 886 clicks, .20% CTR • Impressions by day – 5k-6k average 167 The Nest Collective, LLC | September 2023 37 • Clicks by day – 5-20 The next step is to review all results and meet with the Water Conservation team to get their impression of awareness efforts, changes in public behavior, numbers of assessments and inquiries and other data to formulate a strategy for the next round of outreach. Timeline and Budget: Timeline: • Mid-April through September 30 Budget, estimated per effort. Below are the actual costs to date. • Print, 22 total insertions - $11,288.52 • Direct Mail, printing, mailing list, postage, mailing - $13,166.66 • Statement Stuffer, printing, and shipping to DataProse for insertion - $2,977.34 • Water Smart Planting Guide, illustrations, and printing - $5,892.63 • Radio and content sponsorship, five-month campaign - $3,388/month - $16,940 • Digital advertising, five-month campaign - $588/month - $2,940 • Social media – No outside costs • The Nest Collective time - $9,000 Samples on the following page. 168 The Nest Collective, LLC | September 2023 38 Lawn and Landscape.Lawn and Landscape. Rebates · Tips · Assessments · Rebates · Tips · Assessments · Watering GuidelinesWatering Guidelines DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM Water Smart Tips Water Smart Tips +Water before 8am. Water evaporates during the middle and hot part of the day. +Water using an on-o-on cycle. Try 10 minutes on/20 minutes o/10 minutes on. This allows water to move deeper into soil and reach theroots. +Apply 1 to 1.5 inches of water per week during July andAugust. +Add mulch to your landscape – 2-3” will hold in soil moisture. +Raise your mower blade to 3 inches. It will promote deep rooting and longer moistureretention. More ResourcesMore ResourcesPick up a copy of the Water Smart Planting Guide for more information on rebates and a full plant list. For more information on water conservation for your lawn and landscape, and your entire home, visi t bozemanwater.com or scan here. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM WATER SMART BOZEMAN.WATER SMART BOZEMAN. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM CHECK YOUR CHECK YOUR SPRINKLERSSPRINKLERSfor obstructions, for obstructions, leaks, and broken or leaks, and broken or misaligned nozzles. misaligned nozzles. Repair as needed.Repair as needed. WATER SMART BOZEMAN.WATER SMART BOZEMAN. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM ADD MULCH ADD MULCH TO YOUR TO YOUR LANDSCAPELANDSCAPE2-32-3”” will hold in will hold in soil moisture.soil moisture. WATER SMART BOZEMAN.WATER SMART BOZEMAN. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM INSTALL INSTALL WATER SMART WATER SMART SPRINKLER SPRINKLER PRODUCTSPRODUCTSfor your lawnfor your lawnand landscape.and landscape. City of BozemanCity of BozemanREBATEREBATEPROGRAMPROGRAM RAISE YOUR RAISE YOUR MOWER BLADEMOWER BLADETO 3 INCHES.TO 3 INCHES.It will promote deep It will promote deep rooting and longer rooting and longer moisture retention.moisture retention. WATER SMART BOZEMAN.WATER SMART BOZEMAN. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM Radio Print Social/Digital Media WATER SMART BOZEMAN.WATER SMART BOZEMAN. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM INSTALLINSTALLDROUGHT DROUGHT TOLERANT PLANTSTOLERANT PLANTSin your landscape and in your landscape and use 75 use 75 00//00 less water. less water. City of BozemanCity of BozemanREBATEREBATEPROGRAMPROGRAM Find out more about Drought Stages andFind out more about Drought Stages andwhat you need to do at bozemanwater.comwhat you need to do at bozemanwater.com BOZEMAN DROUGHT METERBOZEMAN DROUGHT METER** The City of Bozeman is currentlyThe City of Bozeman is currentlyEXPERIENCING NORMAL CONDITIONSEXPERIENCING NORMAL CONDITIONS What happens:What happens:Water conservation is always encouraged.Water conservation is always encouraged. NORMAL WAT CH ADVISORY WARNING EMERGEN CYWATER SMART BOZEMAN.WATER SMART BOZEMAN. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM CHECK YOUR CHECK YOUR SPRINKLERSSPRINKLERSfor obstructions, for obstructions, leaks, and broken or leaks, and broken or misaligned nozzles. misaligned nozzles. Repair as needed.Repair as needed. Find out more about Drought Stages andFind out more about Drought Stages andwhat you need to do at bozemanwater.comwhat you need to do at bozemanwater.com BOZEMAN DROUGHT METERBOZEMAN DROUGHT METER** The City of Bozeman is currentlyThe City of Bozeman is currently EXPERIENCING NORMAL CONDITIONSEXPERIENCING NORMAL CONDITIONSWhat happens:What happens:Water conservation is always encouraged.Water conservation is always encouraged. NORMAL WATCH ADVISORY WARNING EMERGENCY WATER SMART BOZEMAN.WATER SMART BOZEMAN. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM INSTALL INSTALL WATER SMART WATER SMART SPRINKLER SPRINKLER PRODUCTSPRODUCTSfor your lawnfor your lawnand landscape.and landscape. City of BozemanCity of BozemanREBATEREBATEPROGRAMPROGRAM Find out more about Drought Stages andFind out more about Drought Stages andwhat you need to do at bozemanwater.comwhat you need to do at bozemanwater.com BOZEMAN DROUGHT METERBOZEMAN DROUGHT METER** The City of Bozeman is currentlyThe City of Bozeman is currentlyEXPERIENCING NORMAL CONDITIONSEXPERIENCING NORMAL CONDITIONS What happens:What happens:Water conservation is always encouraged.Water conservation is always encouraged. NORMAL WA TCH ADVISORY WARNING EMERGEN CYWATER SMART BOZEMAN.WATER SMART BOZEMAN. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM WATER USING AN WATER USING AN ON-OFF-ONON-OFF-ON CYCLE CYCLE Try 10 min on, 30 min off, 10 min on.Try 10 min on, 30 min off, 10 min on.This allows water to move intoThis allows water to move intosoil and reach the roots.soil and reach the roots. Find out more about Drought Stages andFind out more about Drought Stages andwhat you need to do at bozemanwater.comwhat you need to do at bozemanwater.com BOZEMAN DROUGHT METERBOZEMAN DROUGHT METER** The City of Bozeman is currentlyThe City of Bozeman is currently EXPERIENCING NORMAL CONDITIONSEXPERIENCING NORMAL CONDITIONSWhat happens:What happens:Water conservation is always encouraged.Water conservation is always encouraged. NORMAL WA TCH ADVISORY WARNING EMERGENCY Website Content and Support Collateral Saving water means saving money too! The City of Bozeman is semi-arid and drought prone, and reli e s o n s n o w p a c k f o r its limited water supply. Due to a changing climate an d i n c r e a s i n g w a t e r d e m a n d s for our growing community, without water conservation, the City o f B o z e m a n could be facing a water scarcity within the next 10 years. You can make a di erence by watching your water usage and actively makin g changes to reduce how much you use. Your utility statement provi d e s i n f o r m a t i o n about how much water you are using and includes an ince n t i v e t o r e d u c e y o u r u s e . Tiered Rate Billing Structure For single household residents, a tiered rate billing structure is in e ect for water usage. All customers are charged a minimum fl at rate for t h e fi r s t 2 H C F o f waterusage. The tier structure is as follows: Each tier has a di erent rate per Hundred Cubic Feet (HCF) used, increasing from one tier to the next. As a single household residential custo m e r , t h e m o r e w a t e r you use, the more you will pay per HCF of water. (1 HCF = 748 gallons) For more information about water usage, rate tiers, and h o w t o read your utility statement, visit www.bozemanwater.com and follow us on @CityofBozeman and @cityofBZN. 121 N Rouse Ave, Bozeman, MT 59715 TIER 1Water usageof 0-6 HCF TIER 2Water usageof 6-25 HCF TIER 3Water usageof 25-55 HCF TIER 4Water usage of 55 HCF and over Sprinkler System AssessmentSprinkler System Assessment The City of Bozeman oers FREE Sprinkler System Assessments*. Our trained sta will check your sprinkler system and develop a customized report, including system repair needs, how to improve system eciency, and customized wateringschedules. Space is limited, sign up early. To schedule your assessment, call 406-582-3220. DIY Sprinkler System Assessment Kit rentals are alsoavailable. Landscape and Sprinkler System Rebate Program Amounts* Products Retrofit to existing systemWaterSense® Labeled Smart Controllers $250Multiple Stream Multiple Trajectory (MSMT or rotary) and H2O Chip Nozzles $6/nozzleRain Sensors $50Drip Irrigation $250Drought-Tolerant Plants and Grasses (Visit bozemanwater.com for a list of qualifying products.)$100 — $200Turf Removal (Min. 100 SF/Max. 2,000 SF removed for rebate to apply; must submit pre-application/obtain approval prior to project start)$1/square foot* Rebate amounts dier for new construction. Rebate amount not to exceed purchase price. Rebates are only available to customers using City of Bozeman water for outdoor watering. Landscape and Landscape and Irrigation Irrigation Rebate ProgramsRebate ProgramsInstall water smart sprinkler products* and drought tolerant plants* in your landscape. With four sprinkler system product types and over 100 varieties of plants oered in the City’s Rebate Program, you can reduce your water use and save money! Permanent Watering Restrictions Permanent Watering Restrictions In order to conserve water, the Bozeman City Commission approved PERMANENT time of day and day of week outdoor watering restrictions eective June 16, 2022.Your watering schedule is based on your physical property address and applies to residences and businesses using City water forirrigation. +Even number physical addresses: Tuesday, Thursday, Saturday +Odd number physical addresses: Wednesday, Friday, Sunday +Watering is permitted on your allowed watering days before 10am and after 8pm. Toss your turf Toss your turf and reap the rewards.and reap the rewards.Lawns and landscaping use 50% of Bozeman’s summer time water. Remove your turf and receive $1/square foot up to $2,000!* For more information on water conservation for your lawn and landscape, and your entire home, visit bozemanwater.com or scan here. * Available to residences connected to City of Bozeman for outdoor watering. First-come, first-served. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM WATER SMART BOZEMAN.WATER SMART BOZEMAN. Spring/Summer 2023Spring/Summer 2023WATER SMARTWATER SMARTPLANTING GUIDEPLANTING GUIDEfor the Bozeman Areafor the Bozeman Area Sprinkler System AssessmentSprinkler System Assessment The City of Bozeman oers FREE Sprinkler System Assessments*. Our trained sta will check your sprinkler system and develop a customized report, including system repair needs, how to improve system eciency, and customized wateringschedules. Space is limited, sign up early. To schedule your assessment, call 406-582-3220. DIY Sprinkler System Assessment Kit rentals are alsoavailable. Permanent Watering Restrictions Permanent Watering Restrictions In order to conserve water, the Bozeman City Commission approved PERMANENT time of day and day of week outdoor watering restrictions eective June 16, 2022.Your watering schedule is based on your physical property address and applies to residences and businesses using City water forirrigation. +Even number physical addresses: Tuesday, Thursday, Saturday +Odd number physical addresses: Wednesday, Friday, Sunday +Watering is permitted on your allowed watering days before 10am and after 8pm. For more information on water conservation for your lawn and landscape, and your entire home, visit bozemanwater.com or scan here. * Available to residences connected to City of Bozeman for outdoor watering. First-come, first-served. WATER SMART BOZEMAN.WATER SMART BOZEMAN. Quick Guide to Quick Guide to Water Conservation Water Conservation for your for your Lawn and Landscape.Lawn and Landscape. - Summer 2023 -- Summer 2023 - Rebates · Tips · Assessments · Rebates · Tips · Assessments · Watering GuidelinesWatering Guidelines DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE. FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM evaporates during the middle Raise your mower blade to 3 inches. It will promote deep rooting and longer landscape, and your entire home, visit DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE. FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM Permanent Watering Restrictions are in E ect EVENNUMBER Physical AddressWater your lawnTU TH SAT ODDNUMBERPhysical AddressWater your lawnWED FRI SUN Public parks, private open spaces, street right of ways Water your lawnMON WED FRI More information at www.bozemanwater.com WATERING IS PERMITTED ON YOUR ALLOWED WATERING DAYS BEFORE 10AM & AFTER 8PM. With 50% of Bozeman’s summer time water use going to lawns and landscaping, the easiest and best place to start conserving water is by watering only on your assigned days. For more information about the watering restrictions and water conservation, please visit www.bozemanwater.com. In order to conserve water, PERMANENT time of day and day of week outdoor watering restrictions are in e ect for the use of overhead spray irrigation on lawns andlandscapes. Your watering schedule is based on your physical property address and applies to residences and businesses using City water for irrigation. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM WATERWATERSMARTSMARTBOZEMAN.BOZEMAN. CHECK YOUR CHECK YOUR SPRINKLERSSPRINKLERSfor obstructions, for obstructions, leaks, and broken or leaks, and broken or misaligned nozzles. misaligned nozzles. Repair as needed.Repair as needed. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM INSTALL WATER SMART INSTALL WATER SMART SPRINKLER PRODUCTSSPRINKLER PRODUCTSfor your lawnfor your lawnand landscape.and landscape. City of BozemanCity of BozemanREBATEREBATEPROGRAMPROGRAM WATERWATERSMARTSMARTBOZEMAN.BOZEMAN. WATER SMART BOZEMAN.WATER SMART BOZEMAN. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM CHECK YOURCHECK YOURSPRINKLERSSPRINKLERSfor obstructions, leaks, and for obstructions, leaks, and broken or misaligned nozzles. broken or misaligned nozzles. Repair as needed.Repair as needed. LEARN MORELEARN MORE WATER SMART BOZEMAN.WATER SMART BOZEMAN. DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM INSTALL WATER SMART INSTALL WATER SMART SPRINKLER PRODUCTSSPRINKLER PRODUCTSfor your lawn and landscape.for your lawn and landscape. City of BozemanCity of BozemanREBATEREBATEPROGRAMPROGRAM LEARN MORELEARN MORE CHECK YOUR SPRINKLERSCHECK YOUR SPRINKLERSfor obstructions, leaks, and for obstructions, leaks, and broken or misaligned nozzles. broken or misaligned nozzles. Repair as needed.Repair as needed. WATERWATERSMARTSMARTBOZEMAN.BOZEMAN.DOING ONE THING MAKES A DIFFERENCE.DOING ONE THING MAKES A DIFFERENCE.FIND OUT MORE AT BOZEMANWATER.COMFIND OUT MORE AT BOZEMANWATER.COM https://youtu.be/eINC0JF1mVM https://youtu.be/lEX1XcZ2k6I 169 The Nest Collective, LLC | September 2023 39 Case Study #2 - Custer Gallatin ‘Zine Client: United States Forest Service/Custer Gallatin National Forest via METI (Management & Engineering Technologies International, Inc.) Contact: Catherine Giffen, cgiffen@meticorp.com / Mariah Leuschen-Lonegran, Mariah.Leuschen-lonergan@usda.gov Management and Engineering Technologies International, Inc. (METI) is a professional services company providing Information Technology and Engineering Support Services to the federal sector and private industry throughout the United States and several other countries. The actual client was the USFS, Custer Gallatin National Forest, with METI providing liaison activities between USFS stakeholders and The Nest Collective. Campaign Objective: Custer Gallatin National Forest had completed a Land Management Plan and requested a document to share the work completed and the final decisions associated with them. The objective, with the information provided, was to create a reader friendly document that incorporated impactful layout with plain language, figures, infographics, and color photographs. The product needed to be easily incorporated into websites, webinars, and other virtual engagement efforts. Regardless of format, all content was required to fulfill Section 508 standards. Action: Working with the Custer Gallatin National Forest via METI, content was provided to The Nest to disseminate and organize into a user-friendly format. The resulting format became what the USFS calls a magazine, or “’Zine” which could be printed, used as a digital presentation, or even loaded on to a website for viewing and download. Considering the product may need to be printed, finished size (outside dimensions and page counts) needed to be considered and coordinated with the client contact. Images, maps, and data were sourced via USFS sites and contacts to ensure proper representation of the report area. Timeline and Budget: Timeline of this specific project – November 2021 through January 2022 Period of Performance for the contract: May 15, 2021, through February 14, 2022 Budget – Work for this client is based on hours in a performance period with multiple projects tied to the same budget and must be completed within the performance period and within budget. The specific budget for this product, in the performance period was 70 hours. The project was completed in 70 hours, right on budget. Results: The result is a final “Zine” used by the USFS and has become a model for other National Forests and Grasslands in the USFS to use in developing their own land management plan decisions 170 The Nest Collective, LLC | September 2023 40 Samples: Custer Gallatin Land Management Plan – Sharing the Decision Winter 2022- 2 - Introducing the Custer Gallatin Land Management Plan “We proudly present key aspects about the Custer Gallatin National Forest, the plan revision process, and highlights of the plan. We welcome your continued involvement; together we can sustain these landscapes and the values they support for generations to come.” – Mary C. Erickson, Custer Gallatin Forest Supervisor The Custer Gallatin Land Management Plan represents the strategic vision and direction for the national forest. The plan is the culmination of six years of assessment, analysis, and rich public dialogue about how these public lands should be managed. The Custer Gallatin National Forest encompasses more than 3 million acres in southern Montana and the northwestern corner of South Dakota. The forest is made up of a series of distinctive landscapes and “island” mountain ranges that transition between western mountainous terrains and eastern pine savanna. Stretching more than 400 miles from its westernmost to its easternmost boundaries, the forest is a highly diverse landscape ecologically, socially, economically, and culturally. From southwestern Montana’s rugged mountain peaks, including the highest point in Montana, east to ponderosa pine-clad hills rising over the surrounding rolling plains, the Custer Gallatin is home to hundreds of species of native plants, mammals, birds, fish, reptiles, amphibians, and invertebrates. The diverse ecological and geographic span contributes to the tremendous diversity of plant and wildlife species. The western three-fourths of the forest encompasses the northern portion of the Greater Yellowstone Ecosystem, the largest functionally intact ecosystem in the contiguous United States. The Forest Service manages 154 national forests, 20 national grasslands, and one national prairie across 193 million acres. Each national forest is unique…as the Custer Gallatin National Forest personifies. Custer Gallatin consists of:• Over 3 million acres• Spread over 2 states – Montana and South Dakota • 400 miles from west to east• Hundreds of species of native plants, mammals, birds, reptiles, amphibians, andinvertebrates• Rugged peaks to ponderosa pine-clad hills rising from rolling plains Photo by Mariah Leuschen-Lonergan, USDA Forest Service Photo by Terry Jones, retired USDA Forest Service Photo by USDA Forest Service Custer Gallatin Land Management Plan – Sharing the Decision Winter 2022- 3 - Vision for the Custer Gallatin National Forest The Custer Gallatin National Forest is a widely diverse landscape that sustains abundant native plants and animals, clean air and water, and productive soils, enhancing the quality of life for those who use and depend on the Custer Gallatin for life-enriching activities and livelihoods. Ecological services and multiple use products derived from this landscape are outcomes of management practices that are sustainable, enhance resiliency and adapt to societal and technological changes. Tribal members continue to have access to places of spiritual, ceremonial, and traditional cultural importance and the ability to collect traditional material. The Pryor Mountains, Ashland and Sioux Districts, oer distinct ecological conditions from the Custer Gallatin Land Management Plan – Sharing the Decision Winter 2022- 3 - surrounding plains. Pine savannas of the Ashland and Sioux ranger districts drive local economies whereas higher profile buttes and hills are ecologically distinct from the surrounding plains providing forage, wildlife, timber, scenery and recreation opportunities largely unavailable outside national forest lands. The Pryor Mountains retain its remote, backcountry character. In the Greater Yellowstone Area, the Custer Gallatin is part of a large, connected expanse of core public lands providing critical native habitats, outstanding scenery, opportunities for solitude, and primitive recreation. Front country areas are actively managed for multiple uses and transition to private land beyond the national forestboundary. Photo by USDA Forest Service Photo by Terry Jones, retired USFS Photo by Terry Jones, retired USFS Custer Gallatin Land Management Plan – Sharing the Decision Winter 2022- 6 - Custer Gallatin Geographic Areas Six distinct landscapes, or “geographic areas”, have their own unique characteristics, visions and plan direction. The geographic areas are distinct land masses of the forest with a meaningful sense of place to the public. Sioux Geographic Area• Eight geographically distinct land units spread across far southeastern Montana and northwestern South Dakota.• Active restoration of uranium mine sites from the 1950-60’s.• About 5% of the area managed as backcountry area or National Natural Landmarks. Ashland Geographic Area• One of the largest unbroken blocks of forested public lands in eastern Montana.• The Ashland Ranger District operates one of the largest national forest grazing programs in thenation.• About 9% of the area managed as one of three backcountry areas. Pryor Mountains Geographic Area• A recognized “botanical hotspot” due to exceptional diversity.• The Forest Service manages the Pryor Mountain Wild Horse Territory, part of an interagency Wild Horse Range. • About 50% of the area managed as recom-mended wilderness area or backcountry area. Bridger, Bangtail, and Crazy Mountains Geographic Area• The Bridger Mountain flyway is noted for golden eagles and other migratory raptors. • Highly visited given close proximity to growingtowns. • About 28% managed as recommended wilderness area, backcountry area or recreation emphasis area. Madison, Henrys Lake, and Gallatin Mountains Geographic Area • Headwaters to the Missouri River.• Over one-third of the area is wilderness or wilderness study area. The area also includes the Cabin Creek Wildlife and Recreation Area, Earthquake Lake Geologic Area, the Continental Divide National Scenic Trail and municipal watersheds. • About 46% recommended wilderness area, backcountry area or recreation emphasis area. Absaroka Beartooth Mountains GeographicArea• Home to Montana’s highest peaks with over 20 peaks over 12,000 feet and the largest expanse of alpine plateaus in the lower 48 states. • At almost a million acres, the Absaroka-Beartooth Wilderness accounts for 68% of this area.• Another 12% managed as recommended wilderness area, backcountry area, recreation emphasis area, or the Stillwater Complex. Custer Gallatin Land Management Plan – Sharing the Decision Winter 2022- 8 - Key Decisions Key Decisions of the Custer Gallatin Land Management Plan Many topics are included in the plan such as air quality, soil, water, plants and wildlife, as well as uses such as recreation, grazing, timber and mining. Together, this guidance provides integrated direction for social, economic, and ecological sustainability, and multiple uses of the Custer Gallatin lands and resources. Key decisions of the plan are summarized on the following pages. Custer Gallatin Land Management Plan – Sharing the Decision Winter 2022- 9 - The plan’s forestwide direction applies to all National Forest System lands and supports the forest’s ecological, social, and economic sustainability. Each of the six geographic areas on the Custer Gallatin has unique direction. In addition, certain areas have additional specific direction. The land management plan incorporates previous Congressional and administrative designations including: • Congressionally Designated Wilderness• Wilderness Study Area• Wild and Scenic River• Inventoried Roadless Areas• Research Natural Areas• Special Areas• National Natural Landmarks• Cabin Creek Recreation and Wildlife ManagementArea• Pryor Mountain Wild Horse Territory• Beartooth National Forest ScenicByway• Continental Divide National ScenicTrail• Nez Perce National Historic Trail• National Recreation Trails• Earthquake Lake Geologic Area Other designated areas were created through the plan revision process. The plan only applies an additional allocation where further emphasis is warranted. See map of Designated Areas on the following page. Designated Areas All photos USDA Forest Service. The plan allocations include: 8 RECOMMENDED WILDERNESS AREAS AT 139,425 ACRESRetains or enhances wilderness characteristics, preserving opportunities for inclusion in the National Wilderness PreservationSystem. 30 ELIGIBLE WILD AND SCENIC RIVERSRetains their free-flowing conditions, classifications, and the remarkable values that provide the basis for their inclusion in thesystem. 13 BACKCOUNTRY AREAS AT 207,677 ACRESMaintains a place’s existing lightly developed character, most existing uses, and management such as weed treatment or fuelsreduction. 2 WILDLIFE KEY LINKAGE AREASMaintains habitat connectivity and limits management disturbance. 1 STILLWATER COMPLEXRecognizes the value of one of the world’s only platinum and palladiummines. 10 RECREATION EMPHASIS AREAS AT 229,482 ACRESFocuses on enhancing the unique recreational attributes of these locations, from rivers and lakeshores to snowmobilingdestinations. RIPARIAN MANAGEMENT ZONESProtects and conserves aquatic and riparian life and resources such as streams, rivers, woody draws, wetlands, springs, andseeps. Custer Gallatin Land Management Plan – Sharing the Decision Winter 2022- 15 - Moving Forward Projects that Add Up (not random acts…)The Custer Gallatin Land Management Plan includes objectives to move towards desired conditions. An objective is a “concise, measurable, and time-specific statement of a desired rate of progress toward a desired condition or conditions.” Example objectives relate to weed treatment or trail maintenance. Taken together, the plan objectives reflect a diverse program that includes resource enhancement, hazardous fuel reduction, timber and wood products, new recreation facilities, and road, trail, and facility maintenance. Monitoring/Adaptive Management CycleAdaptive management is a cyclical process of assessment, plan development, and monitoring the plan’s effectiveness. With completion of the plan, the Custer Gallatin moves into plan implementation andmonitoring. Monitoring is designed to test whether assumptions made during planning were accurate and to track progress towards meeting the plan’s desired conditions. Monitoring informs the Forest Service and the public whether a change to the plan isneeded. Beginning two years after the revised plan’s effective date and every two years afterward, the Forest Service will evaluate the new monitoring information to determine how well the plan achieves desired conditions. The Forest Service will release a monitoring report to the public outlining the monitoring results. The report will indicate whether a change to the plan, management actions, or the monitoring program may be warranted. The biennial monitoring report is a critical element in the adaptive-management cycle because it tells the Forest Service and the public whether the plan isworking. Partners and partnerships – Caring for this place together• The plan supports collaboration and coordination with Tribal governments, states, counties and other federal agencies, other entities, and the public. • The Custer Gallatin will emphasize constructive partnerships with communities, individuals, organizations, agencies, and Tribes to implement the plan. • We invite all those who have invested time and passion in the plan revision to bring this energy to future management. • We look forward to working together to care for and sustain these lands. CARINGFOR THIS PLACETOGETHER For more information: https://www.fs.usda.gov/custergallatin @CusterGallatinNationalForest @GallatinNF & @CusterNF Photo by Mariah Leuschen-Lonergan, USDA Forest Service 171 The Nest Collective, LLC | September 2023 41 Case Study #3 - City of Bozeman Facilities Bond and Affordable Housing Mill Levy Education Effort Client: City of Bozeman Contacts: Josh Waldo 406.582.2351, Mitch Overton 406.582.3222, Jon Henderson 406.582.2250 Campaign Objective: Educate Bozeman residents about the General Fund Facility Bond and the Community Housing Mill Levy that would be on the upcoming ballot. Both issues were comprised of relocation and construction of a new southside fire station to better serve the growing community and retain low response times, needed updates to the Swim Center, Bogert Pool, and the Lindley Center, and funding for continuing attainable housing efforts. Both issues came on the heels of voters approving and funding the Bozeman Public Safety Center, however, were important for the maintenance of facilities, safety of community members and visitors, and quality of life that residents expect. Action: The Nest worked with various City employees from Fire, Parks and Recreation, and City Hall to formulate a thoughtful strategy and clear messaging that would help educate voters that it was important to invest in emergency services, updating of popular recreational facilities, and support community housing opportunities. Each issue was unique and required individual messaging. Videos/television spots, social posts, talking points, elevator speeches, and frequently asked questions, along with additional materials, were created to highlight each of the unique asks – a bond to repair Bogert Pool, the Lindley Center, and the Swim Center; a bond to relocate Fire Station #2 to MSU campus; and a mill levy to help fund the city’s affordable housing efforts. Results: The two bond facility issues passed with wide margins; the affordable housing lost by a slim margin. Timeline and Budget: Timeline – July 2021 to November 2021 Budget $34,000 ($17,000 for outside costs, $17,000 for The Nest Collective) Outside Costs (actual) • Printing (collateral and signage) - $995 • Illustration/Photography - $52 • Video, editing, production - $4,950 • Media (tv, digital, YouTube) - $5,953.09 The Nest Collective time – $10,476.25 Samples on the following page: 172 The Nest Collective, LLC | September 2023 42 Bozeman residents vote on three dierent city ballot resolutions on the November 2, 2021 ballot. Investing in the Fire Station #2 Bond, Recreation Facilities Renovation Bond, and Community Housing Levy will help the City of Bozeman support our current and projected population growth and are an investment in our shared quality of life. LEARN MORE AT WWW.BOZEMAN.NET/ INVESTINCOMMUNITY City of BozemanPO Box 1230Bozeman, MT 59771 10/2021 21kBZNBL21-004 PostCard R2.indd 2BZNBL21-004 PostCard R2.indd 2 10/1/21 2:31 PM10/1/21 2:31 PM • Built in 1974, the current facility location (410 S. 19th) does not meet the national standard of a 6 minute emergency response time. • New facility will serve current and future population and will have more room for increasedsta. • Location on MSU campus aligns with guidance from Fire Protection Master Plan. • $6.7 million bond = $18.83/year* FIRE STATION 2 BOND FACILITIES RENOVATION BOND COMMUNITY HOUSING LEVY • Housing is a top priority for Bozeman. • Provides a dedicated stream of funding to address community housing. • Is an investment in a toolbox of housing solutions. • Reduce barriers to new housing, and retain existinghousing. • 7 mills x current mill value** = $33.67/year* • Much loved and used facilities require repairs and upgrades to meet the needs of our growing community. • Funding for improvements to Bogert Pool and Bozeman Swim Center (tile, gutters, filtration system, hvac, etc.). • Funding for renovation and upgrades at the LindleyCenter. • $2.2 million bond = $6.83/year* TOTAL COST TO PROPERTY OWNERS = $58.88/YEAR* *based on an assessed market value of the median home ($364,000) **determined yearly Paid for by the City of Bozeman, Kristin Donald, Treasurer, PO Box 1230, Bozeman, MT 59771 BZNBL21-004 PostCard R2.indd 1BZNBL21-004 PostCard R2.indd 1 10/1/21 2:31 PM10/1/21 2:31 PM Invest in Community.SAFETY | RECREATION | HOUSING Paid for by the City of Bozeman, Kristin Donald, Treasurer, PO Box 1230, Bozeman, MT 59771 • Built in 1974, the current facility location (410 S. 19th) does not meet the national standard of a 6 minute emergency response time.• New facility will serve current and future population and will have more room for increased sta.• Location on MSU campus aligns with guidance from Fire Protection Master Plan.• $6.7 million bond = $18.83/year* FIRE STATION 2 BOND FACILITIES RENOVATION BOND COMMUNITY HOUSING LEVY • Dedicated stream of funding to address communityhousing.• Investment in a toolbox of housing solutions. • Reduce barriers to new housing, and retain existinghousing. • 7 mills x current mill value** = $33.67/year* • Much loved and used facilities require repairs and upgrades to meet the needs of our growing community.• Funding for improvements to Bogert Pool and Bozeman Swim Center (tile, gutters, filtration system, hvac, etc.).• Funding for renovation and upgrades at the Lindley Center. • $2.2 million bond = $6.83/year* *based on an assessed market value of the median home ($364,000)**determined yearly 2021 BALLOT ITEMS TOTAL COST TO PROPERTY OWNERS = $58.88/YEAR*10/2021 1,500BZNBL21-004 RackCard Version2 R2.indd 1BZNBL21-004 RackCard Version2 R2.indd 1 10/1/21 1:31 PM10/1/21 1:31 PM TV/Video Print/Collateral Pull Up Banner Social/Digital Media Website Content and Support Powerpoint Presentation WWW.BOZEMAN.NET MAKE YOUR VOICE HEARDVOTE NOV. 2 Paid for by the City of Bozeman, Kristin Donald, Treasurer, PO Box 1230, Bozeman, MT 59771 Invest in Community.SAFETY | RECREATION | HOUSING Fire Station 2 Bond Facilities Renovation Bond Community Housing Levy General Fund Facility Bond and Community Housing Mill Levy Ballot Items =+Investingin Community+ A Bond A bond is a ballot issue that pays for large public service projects, like buildings, roads, or maintaining or improving city infrastructure. A Levy A levy is a ballot issue that funds public services, like ongoing funding for community projects andservices. What are bonds and levies? Voters in Bozeman have a say as to how property taxes are being spent, and proposed increases to property taxes must be approved by a consensus vote. These opportunities may be in the form of a bond or levy. Current facility• Too small for growing community, built in 1974• Challenges entering/exiting facility with S. 19th trac• Shared single restroom and shared sleeping quarters for both male and female sta• Not enough room for emergency servicesequipment• Where the station is currently located they cannot meet a response time of 6 minutes Fire Station 2 Bond Opportunities• Larger facility to serve current and futurepopulation• Location meets guidance from Fire Protection Master Plan created in 2017• Partnership with Montana State University• New facility will have more room for increased sta and sta privacy • A more modern facility will accommodate ladder trucks, larger engines, etc. Cost: $18.83/year based on a taxable median home value of $364,000 Cost to Property Owners Fire Station 2 Bond Facilities Renovation Bond Community Housing Levy =+ Total Cost to Property Owners +$18.83/year $6.38/year $33.67/year $58.88/year Based on a taxable median home value of $364,000 Community Housing Levy https://youtu.be/wOnmPIrgOVw https://youtu.be/cdgOqwl3NdA https://youtu.be/LP1hWs0e85Y 173 The Nest Collective, LLC | September 2023 43 l) Affirmation of Nondiscrimination (see Appendix A) Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of firms. 174 Memorandum REPORT TO:City Commission FROM:Jessica Ahlstrom, Water Conservation Program Manager Adam Oliver, Stormwater Program Manager John Alston, Director of Utilities SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Montana Outdoor Science School to Implement Year Three of a Direct Student Engagement Program in Bozeman Public Schools Utilizing the Bozeman Water Conservation and Stormwater Management Educator Guide MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with Montana Outdoor Science School to Implement Year Three of a Direct Student Engagement Program in Bozeman Public Schools Utilizing the Bozeman Water Conservation and Stormwater Management Educator Guide. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:On October 15, 2015 the City entered into an agreement with Project WET Foundation, a local non-profit organization that provides action-oriented water education programs for students and teachers, to develop the Bozeman Water Conservation and Stormwater Management Educator Guide (Guide). The Guide, which correlates to Common Core and Next Generation Science Standard learning objectives at the 5th grade level, includes a series of five place-based, hands-on lessons that present complex concepts related to watersheds, water conservation and stormwater in a fun, relevant, and accessible manner. From 2015-2018, nine Bozeman Public School teachers among seven schools volunteered to facilitate lessons included in the Guide to over 1,300 students. In 2017, the Guide was submitted to the Bozeman Public School District for review to be integrated into the curriculum as a base resource, which would make the Guide part of the mandatory science curriculum at the 5th grade level, ensuring that the lessons reached all 5th grade students. After consideration, the Bozeman Public School District chose to adopt the Guide as a supplementary resource, which makes it an approved optional curriculum resource. Despite making a concerted effort to provide teachers with continuing 175 education credits and flexible training to facilitate the Guide with students, it has become increasingly challenging to recruit teachers to utilize the Guide in the classroom. This is likely due in part to teacher turnover, heavy teacher workloads, and an increased time commitment to facilitate the lessons. On January 25, 2022, the City of Bozeman and Montana Outdoor Science School (MOSS), a local non-profit organization focused on environmental education, entered into a professional services agreement to implement the Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum - Direct Student Engagement Pilot Program (Program). This Program provided 5th grade teachers in Bozeman Public Schools with an opportunity to receive support from MOSS to teach the lessons directly to students - removing the time commitment associated with Guide implementation from the 5th grade teachers. MOSS supported six 5th grade teachers and reached 173 students through this Program in the spring of 2022. The partnership between MOSS and the City continued the following school year, in which an additional ten 5th grade teachers and 258 students were reached. Pre- and post-assessment scores indicate an increase in knowledge regarding Bozeman’s local water supplies, water conservation, and stormwater. The attached Professional Services Agreement (PSA) represents work to continue this Program and will allow for MOSS to facilitate the lessons to all 19 5th grade classrooms in the Bozeman Public School District. This program will advance the educational objectives of the Water Conservation and Stormwater Divisions by reaching more young learners with locally relevant, objective, and experiential water education. Additionally, the program will facilitate compliance with the City’s MS4 Permit’s Outreach and Education and Public Involvement requirements. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Total costs shall not exceed $21,821.00 and shall be paid for from the approved FY24 Water Conservation Division professional services fund ($16,821.00) and Stormwater Division professional services fund ($5,000.00). Attachments: PSA_MOSS Direct Student Engagement Program_2023- 2024.pdf Exhibit A_2023-2024 Scope of Services_MOSS Direct Student Engagement Program.pdf Report compiled on: November 2, 2023 176 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Program (2023 – 2024) Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Montana Outdoor Science School, with a mailing address of PO Box 502, Bozeman, MT 59771, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: 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, 177 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Program (2023 – 2024) Page 2 of 11 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 178 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Program (2023 – 2024) Page 3 of 11 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees 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. 179 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Program (2023 – 2024) Page 4 of 11 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 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. 180 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Program (2023 – 2024) Page 5 of 11 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. 181 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Program (2023 – 2024) Page 6 of 11 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 Jessica Ahlstrom, Water Conservation Program Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the 182 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Program (2023 – 2024) Page 7 of 11 purpose of this Agreement shall be Molly Iversen, Education Director, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 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. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications for the City, Contractor must use both the City style guide when creating a design, and, as per recommendations found in Section 508 of the Rehabilitation Act, the content must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). 183 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Program (2023 – 2024) Page 8 of 11 The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for 184 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Program (2023 – 2024) Page 9 of 11 instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. 185 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Program (2023 – 2024) Page 10 of 11 b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. 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. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. 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. 186 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Program (2023 – 2024) Page 11 of 11 **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA Montana Outdoor Science School By________________________________ By__________________________________ Jeff Mihelich, City Manager Jessica Haas, Executive Director APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 187 Exhibit A: Scope of Services Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Program Year 3 I. Purpose The City requires an organization with the skills and expertise to educate 5th grade students in Bozeman Public Schools on Bozeman’s watershed, the importance of water conservation, and stormwater runoff and pollution through the implementation of the Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year 3. The intent of this project is to: • Continue to provide 5th grade students with a solid founding knowledge in Bozeman’s freshwater resources, hydrologic processes, and the importance of water conservation through hands-on, place based learning; • Expand the reach of the Direct Student Engagement Pilot Program to reach all 5th grade classrooms and improve the Program through the implementation of lessons learned during the 2022-2023 school year; and • Continue to provide 5th grade teachers in Bozeman Public Schools with an opportunity to receive support from MOSS to teach the curriculum directly to students. II. Student Learning Objectives • Knowledge in the main components of a watershed and how water moves within Bozeman’s watershed; • Understand major components of the Gallatin and Bozeman Municipal watersheds throughout the year; • Gather information on water use data to calculate, organize, and understand the importance of implementing water conservation measures; and • Understand how Bozeman’s stormwater distribution system works and factors that affect water movement throughout the City. III. Curriculum Description • Seeing Bozeman’s Watershed: o Students find out what a watershed is, describe how water flows in a watershed based on elevation, and use maps to identify key parts and functions of watersheds in general and in the Gallatin River and Bozeman Municipal Watersheds, specifically. • Bozeman Home Water Investigation: o Students discuss Bozeman water sources and water conservation concepts, conduct a home water investigation, and compare and contrast results with and without the implementation of water conservation practices. Students then make recommendations for personal conservation strategies at home based on water and monetary savings. • A Year in the Gallatin River Watershed: o Students participate in a hands-on exercise to describe how water flows in their watershed based on elevation and seasons. • Stormwater Hike: 188 o Students are introduced to City watershed concepts and the Bozeman stormwater distribution system through an investigation of water flow on their school grounds. • Adding Up Stormwater Pollution: o Students demonstrate how runoff carries nonpoint source pollution into Bozeman’s storm sewer system and ultimately into our waterways without going to a treatment plant. Focus is on everyone’s contribution, group and individual action, the pollution of water as it flows through the City of Bozeman and how it can be reduced. IV. Contractor Responsibilities Contractor will provide training to educators within Contractor’s organization to facilitate the Bozeman Water Conservation and Stormwater Management Educator Guide curriculum in Bozeman Public Schools. Contractor will engage Bozeman Public Schools to participate in this direct student engagement program with a goal of recruiting all 19, 5th grade classes to participate. Contractor Responsibilities are outlined below. • Offer the Stormwater Hike lesson as a supplementary resource to teachers to use with their students after the Program is completed; • Continue to refine and improve the pre- and post-assessment content to better accommodate quantitative scoring and ensure that assessment questions directly pertain to student learning objectives; • Hire and train qualified instructors to teach the Bozeman Water Conservation and Stormwater Management Educator Guide curriculum; • Engage and recruit all 5th grade elementary teachers within Bozeman Public Schools; • Provide program and promotional materials; • Communicate and organize scheduled teaching days with Bozeman 5th grade elementary teachers; • Provide students with quantifiable pre- and post- curriculum knowledge assessments to track the effectiveness of this program; • Execute curriculum in all 5th grade classes; • Provide a summary report to the City outlining program successes, lessons learned and student impacts after completion of the program – including all pre-post-assessment results. V. City Responsibilities • Provide the Bozeman Water Conservation and Stormwater Management Educator Guide curriculum to Contractor for teaching; • Provide Contractor with relevant teaching materials pertaining to the curriculum; VI. Cost and Timeline Planning MOSS Education Director Time (minor adjustment to curriculum for use by MOSS instructors, purchase of materials, teacher/school district communications, training, scheduling) $3,000 189 Program Material Goods $200 Promotional Materials $200 Training Training MOSS instructors to present the program (8 instructors for 8 hours) $1,416 Implementation Cost to present program in 19, 5th grade classrooms (three, 1.5 hour visits per classroom) is $895 per classroom, totaling $17,005. Contractor shall invoice City only for those classrooms reached. Not to exceed $17,005 Project timeline includes the entire 2023-2024 school year TOTAL $21,821 City shall pay Contractor for work completed based on time and materials. Total cost shall not exceed $21,821 without written consent by City. Implementation costs will be paid for each classroom taught, not to exceed a total of $17,005. Contractor shall invoice City no more often than once monthly. Final invoice must be received by June 30, 2024. 190 Memorandum REPORT TO:City Commission FROM:Cassandra Tozer, Human Resources Director SUBJECT:Authorize the City Manager to Sign a PSA between the City of Bozeman and Affion Public, LLC, for Executive Recruitment Services MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a professional services agreement between the City of Bozeman and Affion Public, LLC, for executive recruitment services for the position of Utilities Director STRATEGIC PLAN:7.2 Employee Excellence: Recruit, retain and value a diverse, well-trained, qualified and motivated team capable of delivering superior performance. Be accountable and expect accountability from others. Make demonstrated use of good judgement a part of the evaluation process for promotions. BACKGROUND:The City of Bozeman's Utilities Director position will be vacant in December, 2023. The City will be utilizing an Executive Search firm to conduct a nation- wide recruitment to fill this position. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:$28,000 Attachments: PSA - Affion Public FINAL.pdf Report compiled on: November 6, 2023 191 Professional Services Agreement for Executive Recruitment Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 3rd day of November, 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, Affion Public LLC, PO Box 794, Hershey, PA 17033, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date 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 amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, DocuSign Envelope ID: 40588E3B-C76B-4A6F-B3DE-D8759F870944 192 Professional Services Agreement for Executive Recruitment Page 2 of 11 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 DocuSign Envelope ID: 40588E3B-C76B-4A6F-B3DE-D8759F870944 193 Professional Services Agreement for Executive Recruitment Page 3 of 11 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees 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 DocuSign Envelope ID: 40588E3B-C76B-4A6F-B3DE-D8759F870944 194 Professional Services Agreement for Executive Recruitment Page 4 of 11 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 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. DocuSign Envelope ID: 40588E3B-C76B-4A6F-B3DE-D8759F870944 195 Professional Services Agreement for Executive Recruitment Page 5 of 11 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the DocuSign Envelope ID: 40588E3B-C76B-4A6F-B3DE-D8759F870944 196 Professional Services Agreement for Executive Recruitment Page 6 of 11 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 Cassandra Tozer, Human Resources Director, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Scott Reilly, CEO, 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 DocuSign Envelope ID: 40588E3B-C76B-4A6F-B3DE-D8759F870944 197 Professional Services Agreement for Executive Recruitment Page 7 of 11 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. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications for the City, Contractor must use both the City style guide when creating a design, and, as per recommendations found in Section 508 of the Rehabilitation Act, the content must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). DocuSign Envelope ID: 40588E3B-C76B-4A6F-B3DE-D8759F870944 198 Professional Services Agreement for Executive Recruitment Page 8 of 11 The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. DocuSign Envelope ID: 40588E3B-C76B-4A6F-B3DE-D8759F870944 199 Professional Services Agreement for Executive Recruitment Page 9 of 11 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the DocuSign Envelope ID: 40588E3B-C76B-4A6F-B3DE-D8759F870944 200 Professional Services Agreement for Executive Recruitment Page 10 of 11 date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. 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. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** DocuSign Envelope ID: 40588E3B-C76B-4A6F-B3DE-D8759F870944 201 Professional Services Agreement for Executive Recruitment Page 11 of 11 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 __Affion Public LLC___________ CONTRACTOR (Type Name Above) By________________________________ By_________________________________ Jeff Mihelich, City Manager Print Name: _Scott Reilly___________ Print Title: __CEO_________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: 40588E3B-C76B-4A6F-B3DE-D8759F870944 202 Exhibit A: Affion Public Proposal 203 Delivering Leaders We deliver leaders. Our executive recruiting specialists have national contacts within the public sector and professional organizations – allowing us to find a broad range of talent. We rigorously qualify and investigate each candidate. We won’t just pull names out of a database. When we are finished, you will have candidates that meet or exceed your expectations. Affion Public, LLC @Affionpublic affionpublic 204 10/11/2023 Cassandra Tozer Human Resources Director City of Bozeman 121 North Rouse Avenue - P.O. Box 1230 Bozeman, MT 59771-1230 Dear Cassie, Thank you for the opportunity to submit our offer of executive search and recruiting services for the Utilities Director position. Affion Public is an executive search firm that specializes in identifying and placing exceptional executive level candidates within the public sector. We have built a successful practice on placing public sector executives and have a reputation for developing excellent working relationships with the clients we serve. Our partnership approach and high quality of work fosters the level of comfort our clients’ value and deserve. With our high touch style, we’ll be able to provide you with the attention that you warrant and deserve for this very important search. Our search process and collaborative approach has enabled Affion Public to conduct multiple searches for the majority of the clients we serve. We differentiate ourselves from our competition by seeking out passive, as well as active candidates that will best meet the needs of our clients. By conducting searches in this manner, we are able to provide a tailored pool of candidates rather than recycling the same candidates search after search. Our commitment to diversity and success at targeting minority candidates has also helped to set us apart from other firms. On behalf of Affion Public, we will be thrilled to be your firm of choice! Please feel free to contact me directly at 717-576-9847 or via email at reilly@affionpublic.com. I look forward to speaking with you in the near future. Best Regards, Scott Reilly CEO, Affion Public Corporate Address: PO Box 794 Hershey PA 17033 www.affionpublic.com 888.321.4922 toll free 717.214.4922 local Delivering Leaders. 205 Corporate Mailing Address: P.O. Box 794 Hershey, PA 17033 888-321-4922 www.affionpublic.com City of Bozeman, MT Executive Search Services Utilities Director 10/11/2023 206 2 Table of Contents Table of Contents ............................................................................................................................... 2 Company Profile ................................................................................................................................ 3 Why Affion? ....................................................................................................................................... 3 What We Do Differently .................................................................................................................... 4 Relevant Search Experience .............................................................................................................. 5 Objectives and Approach ................................................................................................................... 6 Statement of Diversity ...................................................................................................................... 11 Sustainability Efforts ........................................................................................................................ 11 Individuals Assigned to Search ....................................................................................................... 12 Cost ................................................................................................................................................... 15 Guarantee: ........................................................................................................................................ 15 Reference List .................................................................................................................................. 16 Client List .......................................................................................................................................... 17 Affion Disclaimer Copyright © 2009 by Affion Public, LLC. All rights reserved. Printed in the United States of America. The information in this document is the exclusive property of Affion Public, LLC. The data and trade secrets contained herein are submitted for use solely by the City of Bozeman. The reproduction of this document or any portion thereof, in any form, without the express written consent of Affion Public, LLC is forbidden. 207 3 Company Profile Affion Public is deeply rooted in the public sector, providing executive search services for state and local government, education and non-profit organizations since 2000. Our executive search division specializes in identifying the nation’s best and brightest executives and delivering those individuals to our public sector clients. Our partners are typically state, county, city, and government organizations as well as non-profits. Recognized as a leader in public sector executive searches, Affion has attained “preferred” vendor status or an exclusive relationship with a majority of its client partners. Affion’s corporate address is P.O. Box 794, Hershey, PA 17033. Why Affion? We are different. As a company, our strengths lie in our people, our passion, and our commitment. Affion employs an extremely talented group of professionals that bring a diverse set of skills and an average of over 10 years of experience in government and private sector venues. Extraordinary, trusted client partnerships have separated us from others in the industry. Embracing a small business approach has enabled the entrepreneurial spirit of Affion, while also ensuring a personalized approach and customized solution for our partners. It is our unique understanding of the complexities of the public sector that gives us an edge. We know what to challenge potential candidates on, and we know how to discern and qualify the very specific set of skills an executive needs in order to succeed within the public realm. Our particular expertise lies in our ability to reach out to and ultimately attract the best and the brightest into the public executive domain. Short and long term, Affion is looking for valued, long-lasting partnerships, where we can have a real and positive effect for our client. Our public sector team provides a full range of customized executive recruiting and management consulting services. Particular areas of expertise lie within strategy, human resources, process and solutions. We have served in an advisory capacity to state, city, and municipal governments across the country. Historically, our specialized executive recruitment services have been client driven. By building strong client partnerships, and practicing due diligence, we gain an invaluable understanding of the mission, motivation and culture of our client. This has allowed us to successfully recruit across all departmental disciplines and ultimately to provide top executives to an array of governmental agencies and authorities (e.g. Information Systems, Public Safety, Engineering, Health and Human Services, Water Utilities, Economic Development, Assistant City Managers, City Managers, etc.). 208 4 What We Do Differently Our executive search goal is to specify, identify, qualify and deliver candidates that meet or exceed your expectations. After consulting with client executives and stakeholders, we utilize a systematic search methodology to customize and tailor the ideal candidate and position profile to meet the specified need. Targeting organizations that are similar to our client, we set out to find individuals that meet and exceed the background, education, experience, and personal characteristics required. This is done in a highly confidential manner and in compliance with applicable legal standards. Once a potential candidate has been identified, they will enter into a rigorous qualifying process to further establish the “fit”. A comprehensive confidential report on each of the selected candidates is prepared to include pertinent information relative to the candidates work history and background. A professional appraisal of the candidates’ competencies compared to the specific requirements will be provided as a continuum to the report. In the form of a portfolio presentation, we meet with the stakeholders to make our recommendations. We deliver individuals that are competent, qualified, and capable. We deliver solutions. 209 5 Relevant Search Experience City of Austin, TX • Austin Water Utility (AWU) Assistant Director, Engineering Services (2013) • Austin Water Utility (AWU) Assistant Director, Pipeline Operations and Maintenance (2013) • Assistant Director of Water Res Planning & Analysis (2015) • Director, Austin Water (2022) City of Boulder, CO • Director of Public Works for Utilities (2011) City of Bozeman, MT • Director of Utilities (2021) • City Engineer (2022) City of Chandler, AZ • Municipal Utilities Director (2015) City of College Station, TX • Director of Water Services (2018) City of Dallas, TX • Assistant Director Dallas Water Utilities (2005) • Director of the Department of Trinity Watershed Management (2015) City of Gardner, KS • Utility Director (2015) City of Greeley, CO • Deputy Director of Water Resources (2022) City of Kyle, TX • Director of Water Utilities (2023 - present) City of McKinney, TX • Director of Water Utilities and Infrastructure (2013) City of Tamarac, FL • Director of Public Services (2022) North Texas Municipal Water District (NTMWD) • Water System Manager (2018) 210 6 Objectives and Approach 1. Establishing the Timeline – we will work closely with you to determine your ideal start date for your executive and then work to make sure that we agree on all target dates and activities. 2. Input from Key Decision Makers – we will meet with all parties who will be impacted by this executive to seek input, which will also help us understand the company, the people and the working environment. This can include setting up public forums to engage the community in assisting in the process. 3. Developing the Candidate Profile – through extensive interviews we will gain a complete understanding of the mission and goals of the company and begin to create the profile of the executive you are seeking. 4. Candidate Pool and Search Techniques – we will use our own extensive internal database, our personal and professional connections, competitor intelligence, targeted recruiting, industry specific sourcing and other recruiting tools to begin to identify the perfect candidate. 5. Screening Process – we will conduct interviews to qualify each candidate, whether it is an internal candidate or an external one, prior to presentation to you, and will conduct an extensive background check on each potential candidate. 6. Selecting Candidates for Client Review – we will present the key decision makers with a portfolio of candidates for consideration and will discuss each candidate’s skills and qualifications in detail. 7. Choosing the Finalists and the Interview – once the client has reviewed the candidates and has selected the finalists, interviews with the key decision makers or the selection committee will begin. 8. Hiring – all candidates will have been pre-qualified on the salary range; benefits and we will assist in all final employment matters. 211 7 Developing the Candidate Profile Affion’s approach to executive searches is a very personal and systematic one. Our success is dependent on the access and information granted to us by the client organization, so that we can gather all the information possible to have a true understanding of the client’s needs. Only if we know the organization intimately and develop a very thorough and detailed profile of the ideal candidate, can we be assured of the right match for the organization and the individual who is ultimately selected. We pride ourselves in the value we bring to the table by working with the client to develop the profile of the ideal candidate from which to conduct our search. We do this by spending a great deal of time with the chief decision makers, elected officials, etc. at the very beginning, learning the history of the position, the mission and goals of the organization, the past successes and failures of the position, staff, budget and virtually everything the selected candidate would need to have experience and success addressing. In order for us to locate the ideal leader for an organization, we must know where that organization wants to go and what it will take to get it there. Each search is different, and we invest as much time in getting to know the style and organizational culture of our client as we do getting to know each candidate under consideration. We develop a strong relationship with the decision makers and people with whom the potential candidates would be working to ensure the right match. We spend time with the decision maker(s) to understand their idea of the "ideal" candidate, their own management style, and what the position means to them and to the organization. We learn and adopt the organization’s vision, so that we are able to recruit candidates who will embrace those goals and lead a strategy that will support that vision. We prefer to interview other successful executives at the peer level of the vacant position to get an understanding of the kind of leaders who are successful in the organization. We also find it valuable to interview some subordinate level staff, if possible, to assess some of the challenges or strengths within the current resources that the incoming executive would find. These early stages of the search are, in our mind, the most important. Our entire search team, including our assigned recruiter(s), is involved in this information gathering/ relationship process from the beginning so we all know exactly what our client is seeking in applicants and are qualifying candidates on the client’s organizational culture. For national searches, our team also investigates the community in which the position resides. We investigate the public and private school options, and even spend time with a realtor to get a feel of the local housing market for relocation. All of this helps us when we screen and sell candidates on the position. From the interviews and fact gathering, we will prepare a comprehensive candidate recruitment profile for the position, with the desired qualifications and characteristics, for approval by the client's designee(s). It is from this customized profile that we conduct our systematic search. Input from Stakeholders The first steps in any search begin with our onsite stakeholder meetings. The purpose of the stakeholder interviews is to allow Affion an intimate understanding of the organization, the people and the environment. These interviews are how we develop the two key profiles in which the search is built around. The first profile is the position profile. The position profile includes not only the requirements the successful individual will possess but also what they will be doing on a daily, weekly and monthly basis. This profile is critical in analyzing the potential candidate’s previous experience. The second profile is the candidate profile in which we spoke previously about. This profile allows Affion to define the type of individuals that will be successful in your organization. 212 8 The stakeholder meetings begin with developing the list of individuals that will be working directly with this person. This list should include whomever the individual is responsible for reporting to and anyone who may be directly involved with the hiring and interview process. Affion is committed to spending as much time as necessary on the stakeholder meeting to ensure a successful placement. The stakeholder meetings are approximately one-hour interview session in which our team will ask probing questions to what will make the candidate successful. These are generally done on an individual basis. Additional stakeholder meetings including public input will be scheduled at the discretion of the selection team. We have a long history of being very inclusive with our stakeholder process and often meet with community leaders, business leaders, civic and religious leaders as well as neighborhood associations. Candidate Pool Affion is a relationship driven, select targeting firm. We use our own internal database to draw upon potential candidates with whom we have built relationships and/or referrals. We use the telephone to reach out to referrals and candidates initially. We use the Internet as well as select research firms to investigate credit, criminal and other background checks and to obtain any written publications authored by, or regarding, the candidates. Beyond this limited use of technology, our efforts are all carried out in person. We post the job on the Internet or advertise in print as required by the client organization. Even our utilization of networks of professional or trade associations, is done in person. This personal approach is how we have been most successful in targeting and attracting the best and most diverse selection of candidates. Each Affion recruitment effort is customized specifically to the client organization’s needs and preferences. One of the additional values achieved from the time we spend in the beginning is getting to know the client organization and its culture and obtaining mutual agreement on a process that works for both of us. While we have a very strict and systematic internal qualifying/screening process, it is only visible to the client in the result it produces. Any processes external to our qualifying/screening process may be modified to accommodate the client’s organizational needs. Affion Process in Screening While the general steps outlined herein are the basis of the Affion search, flexibility is built into our model to accommodate a particular client’s preferences. Our search is customized to best meet the needs of our client and as long as we are not asked to forego steps to ensure quality, modifications or additions can be made. 213 9 Sourcing/Recruiting Candidates Our senior executive recruiters (100% dedicated to this search) will identify candidates who have been successful in like organizations in similar positions. We search from a variety of sources to ensure development of a broad representative pool in terms of affirmative action efforts and experience; including our own network of contacts and files; public or private entities, professional and other associations and organizations related to the position and referrals. We do targeted advertising in publications specific to the position. Targeted Recruiting Affion maintains a national database through extensive networks in industry specific business groups, trade and professional organizations. To further ensure a diverse candidate pool, we also source candidates from professional organizations and networks that are ethnic and gender specific. We reach out to a variety of sources to collectively find the best talent available. As a result of our previous and ongoing recruiting efforts within government and quasi-government organizations, (local, city, county, and state) Affion has, and continues to build, an expansive network of candidates that includes the best and the brightest in the public sector. That network of candidates exemplifies our professional commitment to building valued relationships, knowing the individuals’ experience and leadership styles, and understanding their needs and career goals. By operating within these guidelines, our deliverable to our client results in being a known and trusted entity. Screening/Qualifying Candidates Our senior executive recruiter conducts preliminary screening interviews of all candidates and the most promising candidates to determine their qualifications, pertinent accomplishments, experience, ability to meet special needs of the position and their interest in being considered. Preliminary screening will be based on a resume rating developed from criteria contained in the customized Candidate Recruitment Profile, information contained in the resumes submitted to Affion, and Affion’s knowledge of the people and organizations with whom and in which we work. At this point in the search, our recruiter is also securing preliminary, confidential reference information on the most promising candidates (as available and appropriate) to verify experience and qualifications; i.e., to ensure that it is worthwhile proceeding with them. After qualifying the best candidates into our process, those individuals are subjected to further rounds of interviews by additional Affion executive staff. The same criteria are used, but the emphasis here, is on organizational and cultural fit, and political acumen. This process assures the quality we demand of the short list of semi-finalists that are selected. All candidates are met face-to-face when possible. If the face-to-face interviews cannot be arranged, then video conferencing is arranged to ensure that the recruiters and executives within Affion are comfortable with the candidates they are presenting for consideration. Background Investigation When all members of the Affion qualifying team have agreed that the candidate fits the desired profile we begin extensive background checks to include criminal, education, and financial investigations. Reference calls are completed. Internet and media searches are conducted. This entire procedure is intended to further eliminate unqualified candidates, and to validate the credentials of the final candidates in process. Selecting Finalists for Promotion to Client From our rigorous qualifying process and investigation, Affion typically narrows the field of qualified candidates to the top 6-8. We present all of the client’s designated representatives with a comprehensive book of material on each of the selected individuals. These books contain summary profiles, resumes, applications, articles by or regarding the candidate, pertinent work product, and photographs of those candidates whose qualifications, work experience, achievements, and/or other special qualities qualify them for the position. This comprehensive confidential report on each candidate covers not only the candidate's working career and those personal aspects that are relevant to the position, but also our appraisal of how the candidate's competencies compare to your specific needs and environment. Affion and the client’s representatives will meet to review the detailed contents of the book. 214 10 Internal Candidates Affion always screens and evaluates those applications and resumes received by the client from in-house or outside applicants to insure, on the client’s behalf, that the process is considered fair to all applicants and to determine if any of these individuals are qualified, viable candidates. Often, at the client’s preference we keep all in-house applicants in process until the final qualifying phases of the search process, unless it is clearly established that certain individuals are not qualified. We review, evaluate and acknowledge in writing all applications and resumes received. Additionally, we ask that all solicitations for consideration made directly to the client be forwarded to Affion immediately to avoid duplication of efforts and take work off the client’s shoulders. Client Selection of Candidates for Interview Affion would work closely with the hiring team for selecting the finalist. Affion will make a portfolio presentation to the key stakeholders which will include; the resume, a brief bio written by the candidate, and an answer to the questions “Why Should I be the Next…” Upon our face-to-face presentation of the finalists, with our recommendations and comprehensive background information, we require that the client select the number and names of the candidates it wishes to interview in person. Upon the client’s direction, Affion personnel will coordinate with client personnel to arrange interviews with the top candidates selected for consideration. Affion will work with the client to coordinate any travel or accommodation details that may be needed for each outside candidate. Client Interviews and Final Selection The finalist interviews would be conducted in conjunction with the wishes of the hiring team. Affion typically suggests that the hiring team utilize panel interviews and also perhaps a candidate presentation. The candidate presentation would be an oral presentation accompanied by a visual presentation. The purpose of this presentation is to allow the selection committee to see how the candidates communicate their thought process and the candidate’s ability to effectively express those thoughts to their audience. The formal interview would involve the same set questions asked to each candidate by the same panel member. This allows the selection committee to evaluate each candidate on a fair and equal field. These questions are agreed upon in advance with Affion and the selection committee. Affion will be involved throughout the entire interview process to facilitate the interviews. Hiring Once it is time for a hiring decision, Affion will provide assistance on final employment matters, such as the negotiation process with successful candidates and notification to unsuccessful candidates. Any candidate that is presented for consideration will have been pre-qualified on the salary range, benefits and relocation package. Once the finalist has been selected it is our standard practice that the client sends a formal offer letter to Affion on behalf of the successful candidate. Affion will facilitate the signature and closing of the process. 215 11 Statement of Diversity Diversity is one of our core values, as well as part of our heritage. It acknowledges and celebrates the richness and value created by the differences among our employees, our customers, our service offerings, and our businesses. It is about people, backgrounds, lifestyles, ideas and balance between our work and personal lives. It is about maximizing the contributions from all members of our team so that we deliver greater value to our customers. It is about valuing differences. It is not a code word for affirmative action. It is much larger than that. It is about valuing differences. It is about inclusion. It relies on standards of performance and behavior, which lead to mutual respect. Diversity is about effectively using our collective talent to create a competitive advantage that leads to success – both for our internal support staff and contract workforce. Affion is truly committed to effectively recruiting and maintaining a diverse workforce. Affion maintains an Affirmative Action Program and policy to afford equal employment opportunity to all without regards to race, color, religion, sex, national origin, sexual orientation, handicap or disability or status as a disabled veteran or a veteran of the Vietnam War era. We take affirmative action to ensure applicants for employment and employees are treated without regard to these characteristics. The sole basis for decisions regarding employment status has been, and will continue to be, an individual’s qualifications, and based only on valid, non-biased job requirements in positions being filled. To carry out our policy, the commitment includes, but is not limited to recruitment, hiring, promotions, transfers, compensation, benefits, layoffs, terminations, educational tuition assistance and company sponsored training and recreational programs. Affion employs responsible reporting and monitoring procedures to ensure that all personnel actions are in strict compliance with the Equal Opportunity Policy and our Affirmative Action program. We are further committed to be an Equal Opportunity Employer by various federal, state and city laws on fair employment practices. All of Affion’s advertising reflects these same important standards. We are proud of our success in ensuring a diverse candidate pool and thrilled to have placed multiple women and minority candidates in executive level municipal positions, nationwide. Sustainability Efforts Our commitment to climate action includes improving the environmental footprint of our operations by going paperless. All the steps involved in creating paper have significant impacts on the environment. Because of this we have made the commitment to go paperless by providing pdfs of our candidate binder presentations, proposals, and additional written communication. We have also taken steps to reduce our carbon footprint by implementing less travel and utilizing technology for stakeholder meetings, initial interviews, etc. We hope by taking these actions, we are helping to protect the health of our planet today and for generations to come. 216 12 Individuals Assigned to Search Scott Reilly CEO, Affion Public reilly@affionpublic.com 717-576-9847 Scott will be the lead on this search and responsible for quality assurance during the length of your project. During the engagement, he will be responsible for ensuring the success of the process. Scott, previously the Vice President of Arcus Public, has more than 20 years’ experience in Sales, Executive Recruiting and Technology. His depth of knowledge and experience placing top executives and technology professionals enables him to lead the talented group of professionals at Affion Public. Throughout his tenure in the public sector, he has been responsible for leading the engagement process and successfully placing more than 100 professionals in key roles. He’s worked in the trenches performing the searches, as well as in leadership roles guiding his team and building relationships with clients while at the helm. He truly understands and appreciates the intricacies of the market, and as CEO for Affion Public, he is responsible for the strategic direction and approach of each of the firm’s key service areas. Scott has been a speaker/presenter on various topics nationally working with leading government officials; to help identify opportunities for technology research and share best practices as well as executive search forums. He was named a founding Honorary Alumni to the Harrisburg University of Science and Technology first graduating class. He currently serves as the vice-chairman of the Derry Township Municipal Authority and has been an active member on the Hershey Country Club Board of Governors. Scott was also recognized by the Central Penn Business Journal as one of the region’s Top 40 Under 40. He holds a Bachelor of Science degree in Marketing from Rider University. Scott has been directly involved with all executive level searches through Arcus Public and Affion Public since 2003. Gina Sprowls Director of Recruiting sprowls@affionpublic.com 717-763-1987 Gina will manage the recruitment efforts of your executive search. During the engagement, she will provide the direction and coordination for the recruitment to ensure the profile of the ideal candidate is adhered to, so the best candidate is hired for the job. Gina will be responsible for identifying, profiling, and screening the candidates. Her role will include qualifying potential candidates and conducting interviews of candidates. Additionally, she will assist in coordinating interviews, soliciting feedback, and conducting professional reference checks. She may be involved in the presentation of the final candidates to the stakeholders for consideration. Gina brings over ten years of diverse experience in recruitment, sales and management. She offers a strong background in Human Resources with an emphasis on executive level recruitment and training. Her recruitment career has crossed over several industries including Public Sector, Technology, Finance, Healthcare, Sales and Education. She has worked on multiple executive level searches for clients across the nation and is known for building and maintaining excellent relationships with our clients and candidates. She holds a Bachelor of Science degree in Business Administration from Capella University and an Associate of Arts degree in Human Resources. Gina has been directly involved with all executive level searches through Arcus Public and Affion Public since January 2008. 217 13 Individuals Assigned to Search continued.. Brittany Schwaber, Executive Recruiter Brittany will focus on the recruiting efforts of your search. As she works through this process, she will adhere to providing a detailed and informative profile of ideal candidates to ensure that the best individual for the position is identified and hired. Brittany will be responsible for screening candidates that present as qualified contenders for the role. In addition, she will be conducting candidate interviews, coordinating the logistics of interviews, gathering feedback and performing reference checks. Brittany brings over seven years of experience in recruiting with a dynamic approach to her work. Her career has been diverse in different industries that include biopharmaceuticals, construction, and manufacturing. She has a well-rounded background in the field of Human Resources with an emphasis and passion for talent management strategies, employee retention and engagement initiatives and career development. Brittany is known for her ability and ease in establishing and building relationships with candidates. Her keen eye for detail coupled with her responsiveness makes for a great partnership between clients and candidates. She holds a Bachelor of Science degree in Business Management from Kutztown University and a Professional in Human Resources (PHR) certificate from HRCI. Cassandra Segedy, Marketing Associate Cassie will focus on the marketing efforts of your search. As she works through this process, she will provide thorough and concise social media marketing and marketing materials, to help reach a large array of qualified candidates. Cassie will be responsible for creating the brochure used for social media and job postings, posting the position on all Affion Public social media platforms, creating candidate binder presentation materials, and creating job announcements for the successful candidate. Cassie brings 7 years of marketing, advertising, and graphic design experience with her. Her career has been diverse in different industries that include manufacturing, life sciences, food service, data logging, grocery distribution, and small business management. Cassie has extensive experience in social media marketing, print advertisement, web design, and graphic design. Cassie is known for her easy-going nature, attention to detail, and responsiveness, allowing her to create the perfect marketing materials specific to your city and job posting. Cassie holds a Bachelor of Arts with a concentration in Graphic Design from the State University of New York at Oswego. Shanice Caesar, Sourcing Specialist Shanice will focus on the sourcing efforts for this search. As she works through this process, she will be responsible for finding candidates that match the experience and ideal candidate specs for this role, posting the position on sponsored job sites, and running background checks. Shanice brings over five years of experience in recruiting with a dynamic approach to her work. Her career has been diverse in different industries that include Information Technology, Finance, Professional Services and Healthcare. She has a well-rounded background in the field of Information Technology with an emphasis and passion for talent management strategies, employee retention and engagement initiatives and career development. Shanice is known for her ability and ease in establishing and building relationships with candidates. Her keen eye for detail coupled with her responsiveness makes for a great partnership between clients and candidates. She holds a Bachelor of Science degree in Business Management from The University of Guyana. 218 14 Proposed Project Timeline: Timeframe Activity Upon Selection • Affion to negotiate and finalize contract Once contract is finalized • Facilitate a meeting to discuss timelines, recruitment process and plan for completing the Position and Candidate Profiles • Affion to meet with identified stakeholders to begin the due diligence process • Conduct Public Forums if needed • Simultaneous industry research taking place Within 10 days after the contract is finalized • Affion presents draft of Profile Upon approval of profile/brochure • Search Firm conducts recruitment to include: o Referrals, LinkedIn, Sourcing, etc. o Post the job on websites Ongoing • Progress Report—check for quality and diversity of applicants. Determine need to target any specific group or area. • Review and qualify all potential candidates 30 days after posting • Deadline to receive resumes 45 days after resume deadline • Binder Presentation of 6-8 candidates to the Selection Panel • Affion will facilitate a review of the final candidates 2 weeks after binder presentation • Conduct first round of candidate interviews with the Search Committee and key stakeholders • Finalize decision on the candidate of choice and negotiate employment agreement with the candidate 2 weeks after final interviews • Successful Candidate accepts offer of employment 219 15 Cost Full Executive Search: Affion executive searches are full-service searches conducted by senior executives within our firm. The fee we have outlined herein is all inclusive of all phases of the search including stakeholder meetings, profile development, job postings, sourcing, recruitment, interviewing, reference checking, background checks, media checks, and candidate offer negotiation. Fee for the Utilities Director position: $28,000 (all inclusive) Additional expenses, which are not included in the overall fee but are expected to be reimbursed by the City of Bozeman include all candidate travel expenses for the purpose of interviews with the City of Bozeman. This will vary depending on the location of the finalist selected. While invoice procedures can be adjusted, our typical billing practice is to spread the fee payment over three equal installments. (One-third to be billed when the contract is signed, one-third to be billed upon presentation of the Final Candidates, and the last one-third to be billed upon the hiring of the desired Candidate.) Adjustments to our payment and billing processes are negotiable in order to best accommodate our clients’ needs. Guarantee: As with all of our executive searches, we are prepared to offer our standard professional service guarantee. If the hired candidate is asked to leave for reasons of non-performance or leaves of his/her own volition in the first 24 months of employment, we will re-launch a search for a new candidate, under the original position specifications. In such a case, we will do so for no additional professional fee, though charging expenses that may incur to include all Affion travel, hotel, and re-posting of job advertisements. It is our commitment to partner with you from the initial signing of the contract until the candidate accepts and offer and begins employment. 220 16 Reference List City of Austin, TX Sonya Alexander-Harry HR Consultant 301 W. Second St. Austin, TX 78701 512-974-3228 Sonya.Alexander-Harry@ci.austin.tx.us Affion has completed several searches with the City of Austin. We placed the City Manager (2008), CIO, Fire Chief, Director of Solid Waste Service, Chief Sustainability Officer, Director of Code Compliance, Chief Financial Officer; Assistant Director, Engineering Services, Assistant Director, Pipeline and Operational Maintenance, and the Water Resource Planning & Analysis positions within the Austin Water Utility, an Assistant City Manager, a Purchasing Officer, and the Deputy Director, Economic Development, a Redevelopment Division Manager, and a Chief Technology Officer with search Austin Energy. We completed their Fire Chief search (2018), Director of Economic Development search (2018), their Director of Development Services (2019) and Homeless Strategy Officer (2019) Chief Information Security Officer search (2019), their Assistant Director of Economic Development (2020), the Director of Austin Code position, their Homeless Strategy Officer (2020), and their Assistant Director, Housing and Planning search (2021). We worked with them on their Chief Resiliency Officer (2021), and EMS Chief searches (2021), and we are currently working with them on their Director, Transportation and Public Works position (2023 – present). Sonya has worked closely with us on several of the searches. City of Boise, ID Kristine Miller Deputy Chief of Staff 150 North Capitol Blvd., Boise, ID 83702 208-761-0514 kmmiller@cityofboise.org Affion had the recent pleasure of working with the City of Boise on their Planning and Development Services Director position (2021). We worked closely with Kristine throughout the search process. City of Frisco, TX Lauren Safranek Director of Human Resources 6101 Frisco Square Boulevard, 4th Floor Frisco, TX 75034 972-292-5210 LSafranek@friscotexas.gov Affion had the pleasure of working with the City of Frisco on their City Manager search last year. We are currently working with them on their Assistant City Manager search, their Fire Chief search and their Chief Information Officer search. We have worked closely with Lauren on the majority of the searches. 221 17 Client List Cities: Borough of State College, PA • Director of Public Works (2016; 2021) City of Addison, TX • City Secretary (2023 - present) City of Ann Arbor, MI • Parks and Recreation Services Manager (2008) • Parks and Recreation Services Deputy Manager (2008) • City Administrator (2011) • Fire Chief (2014) • Police Chief (2015) • City Administrator (2016) City of Arlington, TX • City Auditor (2014) • Director of Community Development and Planning (2015) City of Austin, TX • City Manager (2008) • Fire Chief (2008) • Chief Information Officer (2008) • Director of Solid Waste Services (2009) • Chief Sustainability Officer (2010) • Director of Code Compliance (2011) • Chief Financial Officer (2012) • Austin Water Utility (AWU) Assistant Director, Engineering Services (2013) • Austin Water Utility (AWU) Assistant Director, Pipeline Operations and Maintenance (2013) • Assistant City Manager (2013) • Purchasing Officer (2014) • Deputy Director, Economic Development (2015) • Redevelopment Division Manager (2015) • Assistant Director of Water Res Planning & Analysis (2015) • Austin Energy – CTO (2016) • Austin Energy – Chief of Staff (2017) • Fire Chief (2018) • Director of Economic Development (2019) • Director of Development Services (2019) • Chief Information Security Officer (2020) • Assistant Director of Economic Development (2020) • Director of Austin Code (2020) • Homeless Strategy Officer (2020) • Assistant Director of Housing and Planning (2021) • Chief Resiliency Officer (2021) • Emergency Medical Services Chief (2021) • Director, Austin Water (2022) • Director, Transportation and Public Works (2023 – present) 222 18 City of Asheville, NC • Urban Planning and Design Director (2014) • Police Chief (2015) City of Aurora, CO • City Manager (2018) • Court Administrator and Detention Director (2021) City of Atlanta, GA • Chief Information Officer (2003) City of Bellevue, WA • Director of Planning and Community Development (2010) • Chief Communications Officer (2012) • Chief Economic Development Officer (2014) • Chief Communications Officer (2016) • Director of Planning and Community Development (2016) 9T City of Boise, ID • Planning and Development Services Director (2021) City of Boulder, CO • Director of Public Works for Utilities (2011) • Deputy Director of Community Planning and Sustainability (2011) • Comprehensive Planning Manager (2012) • Human Resources Director (2013) City of Bozeman, MT • Human Resources Director (2021) • Director of Transportation and Engineering (2021) • Director of Utilities (2021) • City Engineer (2022) • Assistant City Manager (2022) City of Broken Arrow, OK • Fire Chief (2010) • Police Chief (2011) • City Manager (2012) • Assistant City Manager (2013) • Director of Engineering/Construction (2014) • Fire Chief (2014) • City Manager (2015) City of Burbank, CA • Director of Finance (2009) • Director of Parks and Recreation (2007) City of Burleson, TX • Chief Technology Officer (2021) City of Cedar Park, TX • Director of Information Services (2018) • Police Chief (2021) • Director of Finance (2022) • Assistant City Manager (2022) 223 19 City of Celina, TX • City Manager (2023 - present) City of Chandler, AZ • Chief Information Officer (2007) • Director of Economic Development (2008) • Director of Planning and Development (2008) • Municipal Utilities Director (2015) City of Chester, PA • Chief Operating Officer (2022) • Director of Finance (2023) City of College Station, TX • Assistant Director of Planning & Development (2008) • Fire Chief (2016) • Chief Information Officer (2017) • Director of Water Services (2018) • City Manager (2018) • Director of Planning and Development Services (2018) City of Columbia, MO • City Manager (2011) • CIO (2015) City of Commerce City, CO • City Manager (2021) City of Corpus Christi, TX • City Manager (2008) City of Dallas, TX • Deputy Director CIS (2005) • Public Information Officer (2005) • Assistant Director Dallas Water Utilities (2005) • Assistant Director CIS (2005) • Director and Chief Information Officer (2005) • Director of Housing (2014) • Assistant City Manager (2014) • Director of the Department of Trinity Watershed Management (2015) • Fire Chief (2016) • City Manager (2016) • Assistant Director of Transportation (2022) City of Denton, TX • Director of Environmental Services and Sustainability (2021) City and County of Denver, CO • Manager of Community Planning and Development (2012) • Independent Monitor (2021) City of Dublin, OH • CIO (2015) • Planning Director (2015) • City Manager (2022) 224 20 City of Durango, CO • Director of Public Works (2021) • Director of Parks and Recreation (2023 -present) City of East Lansing, MI • City Manager (2012) City of El Paso, TX • City Manager (2014) • Director of Museums and Cultural Arts (2014) • Managing Director of Public Works (2015) • Director of Planning and Inspections (2018) City of Eugene, OR • Executive 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present) City of Leander, TX • City Manager (2011) City of Los Angeles, CA • CIO-Los Angeles World Airport (2007) • General Manager, ITA (2002) • Information Systems Manager (2002) • General Manager Department of Aging (2003) • Director, Bureau of Sanitation (2004) • Los Angeles Zoo: General Manager (2003) • City Engineer (2003) City of Lynwood, CA • Assistant City Manager (2007) • Director of Human Resources (2007) • Assistant Director of Public Works (2007) • Deputy Director of Development (2007) 226 22 City of Marshall, TX • City Manager (2014) City of McKinney, TX • City Manager (2008) • Assistant City Manager (2009) • Director of Finance (2011) • Director of Water Utilities and Infrastructure (2013) • Assistant City Manager (2014) • Director of Public Works (2016) City of Mesa, AZ • Deputy City Manager (2007) • Director of Human Resources (2007) City of Missouri, City, TX • Director of Finance (2016) • Director of Development Services (2016) • Director of Economic Development (2022) City of Morgantown, WV • City Manager (2010) City of North Richland Hills, TX • City Manager (2009) • General Manager: NRH2O, Water Park (2014) City of Pflugerville, TX • Assistant City Manager (2022) • Communications Director (2023) City of Phoenix, AZ • Human Resources Director (2015, 2017) City of Plano, TX • City Manager (2010) • City Attorney (2013) • Director of Human Resources and Risk Management (2023 – present) City of Port Arthur, TX • Assistant City Manager (2016) • Public Works Director (2016) City of Raleigh, NC • Director of Human Resources (2023) City of Round Rock, TX • City Manager (2010) • Director of Human Resources (2012) • Police Chief (2013) • Deputy CFO (2021) City of San José, CA • Deputy Director of Administration (2006) • Deputy Director of Integrated Waste Management (2006) 227 23 City of San Antonio, TX • City Manager (2006) • Assistant City Manager (2006) • Director for the Office of Management and Budget (2020) • Transportation Director (2020) • Government Affairs Director (2021) • Communication and Public Engagement Director (2021) • Diversity, Equity, and Inclusion Officer (2022) • Assistant Director of Human Resources (2023) • Chief Resiliency Officer (2023 – present) • Public Safety Outcomes (2023 – present) City of San Marcos, TX • City Manager (2008) • Human Resources Director (2011) • Chief Building Official (2011) City of Savannah, GA • City Manager (2010) City of Scottsdale, AZ • Police Technology Director (2009) City of Shawnee, OK • City Manager (2015) City of Springfield, MO • City Manager (2008) City of Tacoma, WA • Assistant City Manager (2006) • Director of Finance (2007) • Director of Information Technology (2008) • Assistant Director of Finance (2009) City of Tamarac, FL • Fire Chief (2009) • Director of Community Development (2013) • Assistant City Manager (2017) • Public Services Director (2022) City of Taylor, TX • City Manager (2019) City of Thornton, CO • City Manager (2017) City of West Valley City, UT • City Manager (2023 – present) Incorporated Village of Garden City, NY • Village Administrator (2014) Township of Derry, Hershey, PA • Township Manager (2018) Town of Morrisville, NC • Town Manager (2023 – present) 228 24 Town of Sunnyvale, TX • Director of Planning and Development Services (2023) Counties: County of Los Angeles, CA • Information Systems Manager (2007) • CIO-Los Angeles World Airport (2007) City and County of Denver, CO • Independent Monitor (2021) City and County of Philadelphia, PA • Chief Information Officer (2000) • CIO-Philadelphia Free Library (2001) • CIO- Philadelphia Police Department (2006) Delaware County, PA • Executive Director (2020) • Health Department Director (2021) • Director of Purchasing (2021) • Diversity, Equity, and Inclusion Officer (2021) • Prison Warden (2021) • Director of Planning (2022) Laramie County, WY • Public Works Director (2014) Milwaukee County, WI • Director of Parks, Recreation & Culture (2013) Washtenaw County, MI • Community Development Director (2007) States: Commonwealth of Pennsylvania-Office of Administration • Chief Information Officer (2008) • Chief Technology Officer (2008) • Deputy Chief Information Officer (2008) State of Texas, Austin, TX • Director of Benefits - Employee Retirement System of Texas (2006) • CTO - Employee Retirement System of Texas (2005) • Chief Information Officer of DIR (2006) Education: Harrisburg University, Harrisburg, PA • Director of Learning Assessment (2009) • E-Business Program Director / Faculty (2008) • Learning Technologies Program Director / Faculty (2008) • CIS Program Director / Faculty (2007) • Biotechnology Professor (2008) • VP for Development (2005) • Director of Development (2007) • Controller (2006) • Network Administrator (2006) Other: 229 25 Austin Economic Development Council • President/CEO (2021) Austin Transit Partnership • Director of Accounting (2022) • Chief Communications Officer (2022) • Chief of Engineering and Construction (2022) • Director of IT (2023) • CFO (2023 – present) Central Texas Regional Mobility Authority (CTRMA) • Executive Director (2020) Clarksville-Montgomery County EDC • President/CEO (2021) E-470 Public Highway Authority, Aurora, CO • Executive Director (2015; 2021) Housing Authority of the City of El Paso, TX • Chief Operating Officer (2010) International City/County Management Association (ICMA) • Chief Information Officer (2021) Minneapolis Parks and Recreation Board, MN • Assistant Superintendent of Planning (2011) • Assistant Superintendent of Recreation (2012) • Deputy Superintendent (2012) • Assistant Superintendent of Environmental Stewardship (2012) • Director of Park Safety and Security (2013) • Human Resources Manager (2013) North Texas Municipal Water District (NTMWD) • Water System Manager (2018; 2022) Roanoke Redevelopment and Housing Authority • Executive Director (2006) Round Rock Chamber of Commerce, TX • President/Chief Executive Officer (2014) San Antonio Water System (SAWS) • Chief Information Officer (2016) • Sr. Vice President / Chief Operating Officer (2022) Valley Regional Transit, ID • Executive Director (2022) Williamson-Burnet County Opportunities, Inc. (WBCO) • Executive Director (2013) 230 26 Thank you for the opportunity to submit this proposal. We look forward to assisting you with your executive search needs! 231 Memorandum REPORT TO:City Commission FROM:Scott McMahan, Director of Information Technology SUBJECT:Authorize City Manager to Sign a Professional Services Agreement with Open Gov, Inc. for Pet Licensing Software MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to Sign a Professional Services Agreement with Open Gov, Inc. for Pet Licensing Software. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:The City has used the Naviline Business License Module for years as a work around for pet licensing. Right now application and renewal is done manually. This new software will allow our citizens to apply for and renew all pet licensing online. UNRESOLVED ISSUES:None ALTERNATIVES:Keep using Naviline for pet licensing. FISCAL EFFECTS:$24,964 year one to get setup. $12,100 per year for any future 1 year renewal period. First year will be paid for out of FY23 Budget. Attachments: OpenGov_City of Bozeman_SSA_Final.pdf Bozeman City of_SOW_PS-final.pdf Report compiled on: November 2, 2023 232 1 OpenGov Master Services Agreement – City of Bozeman Revised November 7, 2023 OpenGov Master Services Agreement The parties to this Master Services Agreement (this “Agreement”) are OpenGov, Inc., a Delaware corporation (“OpenGov”), and the customer named in the signature block below (“Customer”). This Agreement, which becomes binding when the parties have signed it (the “Effective Date”), sets forth the terms under which Customer will be permitted to use OpenGov’s hosted software services and receive professional services. 1. Definitions 1.1. “Customer Data” means data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer’s software systems of record). Customer Data does not include any confidential personally identifiable information. 1.2. “Documentation” means materials produced by OpenGov that provide information about OpenGov’s software products and systems. Customers may access the most up-to-date Documentation on the Customer Resource Center page at opengov.zendesk.com. 1.3. “Intellectual Property Rights” means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature. 1.4. “Order Form” means the document executed by the parties that specifies the Software Services that OpenGov will provide to Customer under this Agreement. 1.5. “Term” refers to the Initial Term defined in Section 6.1 plus all Renewal Terms defined in Section 6.2. 2. Software Services, Support, and Professional Services 2.1. Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to provide the commercial off-the-shelf software solutions identified in the applicable Order Form (“Software Services”). 2.2. Support and Service Levels. Customer support is available by email to support@opengov.com or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov’s standard business hours. Customer may report issues any time. However, OpenGov will address issues during business hours. OpenGov will provide support for the Software Services in accordance with the Support and Software Service Levels found at opengov.com/service-sla, as long as Customer is entitled to receive support under the applicable Order Form and this Agreement. 2.3. Professional Services 2.3.1. If OpenGov or its authorized independent contractors provides professional services 233 2 OpenGov Master Services Agreement – City of Bozeman Revised November 7, 2023 to Customer, such as implementation services, then these professional services (“Professional Services”) will be described in an applicable statement of work (“SOW”) agreed to by the parties. Unless otherwise specified in the SOW, any pre-paid Professional Services must be utilized within one year from the Effective Date. 2.3.2. Relevant travel expenses are provided in the SOW. Any other travel expenses related to the performance of the Professional Services shall be pre-approved by and reimbursed by Customer. 3. Restrictions and Responsibilities 3.1. Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement and Documentation. In addition, Customer shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform. 3.2. Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third party software systems of record (such as Customer’s ERP systems) needed to connect to, access or otherwise use the Software Services. Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov. 4. Intellectual Property Rights; License Grants; Access to Customer Data 4.1. Software Services. OpenGov owns all interests and Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov. Customer may not copy, imitate, or use them, in whole or in part, without OpenGov’s prior written consent. Subject to Customer’s obligations under this Agreement, OpenGov grants Customer a non-exclusive, royalty-free license during the Term to use the Software Services. 4.2. Customer Data. Customer Data and the Intellectual Property Rights therein belong to the Customer. Customer grants OpenGov and its partners (such as hosting providers) a non- exclusive, royalty-free license to use, store, edit, and reformat the Customer Data for the purpose of providing the Software Services. Customer further agrees that OpenGov and its partners may use aggregated, anonymized Customer Data for purposes of sales, marketing, business development, product enhancement, customer service, and data 234 3 OpenGov Master Services Agreement – City of Bozeman Revised November 7, 2023 analysis. Insights gleaned from aggregated, anonymized Customer Data will belong to OpenGov. 4.3. Access to Customer Data. Customer may download the Customer Data from the Software Services at any time during the Term, excluding during routine software maintenance periods. OpenGov has no obligation to return Customer Data to Customer. 4.4. Deletion of Customer Data. Unless otherwise requested pursuant to this Section 4.4, upon the termination of this Agreement, the Customer Data shall be deleted pursuant to OpenGov’s standard data deletion and retention practices. Upon written request, Customer may request deletion of Customer Data prior to the date of termination of this Agreement. Such a request must be addressed to “OpenGov Vice President, Customer Success” at OpenGov’s address for notice in Section 10.2. 4.5. Feedback. “Feedback” means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums. Customer grants OpenGov a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use and incorporate into the Software Services and Documentation Customer’s Feedback. OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer’s Feedback including all Intellectual Property Rights in and to the improvements and modifications. 5. Confidentiality 5.1. “Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as “Confidential” or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure. OpenGov’s Confidential Information includes, without limitation, the software underlying the Software Services, and all Documentation. 5.2. Confidential Information does not include: (a) data that the Customer has previously released to the public; (b) data that Customer would be required to release to the public upon request under applicable federal, state, or local public records laws; (c) Customer Data that Customer requests OpenGov make available to the public in conjunction with the Software Services; (d) information that becomes publicly known through no breach by either party; (e) information that was rightfully received by a party from a third party without restriction on use or disclosure; or (f) information independently developed by the Receiving Party without access to the Disclosing Party’s Confidential Information. 5.3. Each party agrees to obtain prior written consent before disclosing any of the other party's Confidential Information. Each party further agrees to use the other's Confidential Information only in connection with this Agreement. Each party further agrees to protect the other party's Confidential Information using the measures that it employs with respect to its own Confidential Information of a similar nature, but in no 235 4 OpenGov Master Services Agreement – City of Bozeman Revised November 7, 2023 event with less than reasonable care. If a party is required to disclose Confidential Information by law or court order, they must notify the other party in writing before making the disclosure to give the other party an opportunity to oppose or limit the disclosure. 6. Term and Termination 6.1. Initial Term. This Agreement begins on the Effective Date and ends on the date the subscription ends (“Initial Term”), according to the Order Form, unless sooner terminated pursuant to Section 6.3. 6.2. Renewal. This Agreement shall automatically renew for another period of the same duration as the Initial Term (each one is a new “Renewal Term”) unless either party notifies the other party of its intent not to renew this Agreement in writing no less than 30 days before the end of the then-current term. The Parties may extend this Agreement for three (3) additional one (1) year terms. 6.3. Termination for Breach. If either party materially breaches any term of this Agreement and fails to cure such breach within 30 days after receiving written notice by the non- breaching party (10 days in the case of non-payment), the non-breaching party may terminate this Agreement. Neither party shall have the right to terminate this Agreement early without a legally valid cause. 6.4. Effect of Termination. Upon termination of this Agreement pursuant to Section 6.1, 6.2, or 6.3: (a) Customer shall pay in full for all Software Services and Professional Services performed up to and including the date of termination or expiration, (b) OpenGov shall stop providing Software Services and Professional Services to Customer; and (c) each party shall (at the other party’s option) return or delete any of the other party’s Confidential Information in its possession. 7. Transition Services. Customer may request in writing that OpenGov continue to provide Customer with any Services then provided under this Agreement for purposes of transitioning and migrating Customer off of the Software Services (“Transition Services”). Upon such written request, the parties will develop a mutually agreed to transition plan describing the Transition Services and each party’s respective obligations in connection with the transition and migration of Customer off of the Software Services (“Transition Plan”). OpenGov will provide the Transition Services for the period agreed to in the Transition Plan, such period not to exceed 180 days following termination or expiration of this Agreement (the “Transition Period”). Customer will compensate OpenGov for all Transition Services at rates specified in the Transition Plan or, if no rates are agreed upon by the parties prior to the performance of the Transition Services, at OpenGov’s then- current rates for the Services. All Transition Services will otherwise be subject to the terms of this Agreement. 8. Payment of Fees 8.1. Fees; Invoicing; Payment; Expenses. 8.1.1. Fees. Fees for Software Services and for Professional Services are set forth in the 236 5 OpenGov Master Services Agreement – City of Bozeman Revised November 7, 2023 applicable Order Form, and OpenGov will invoice Customer accordingly. Customer agrees to pay invoices within 30 days without setoffs, withholdings or deductions of any kind. Invoices are deemed received when OpenGov emails them to Customer’s designated billing contact. Obligations to pay fees are non-cancelable, and payments are non-refundable. 8.1.2. Annual Software Maintenance Price Adjustment. OpenGov shall increase the fees for the Software Services during any Renewal Term by 5% each year of the Renewal Term. 8.1.3. Travel Expenses. OpenGov will invoice Customer for travel expenses provided in the SOW as they are incurred. Customer shall pay all such valid invoices within 30 days of receipt of invoice. Each invoice shall include receipts for the travel expenses listed on the invoice. 8.1.4. Customer Delays; On Hold Fee. 8.1.4.1. On Hold. Excluding delays caused by a force majeure event as described in Section 10.5, if OpenGov determines that Customer’s personnel or contractors are not completing Customer’s responsibilities described in the applicable SOW timely or accurately, OpenGov may place the Professional Services on hold. If OpenGov places a Customer on hold, OpenGov will ensure that Customer is made aware of its obligations necessary for OpenGov to continue performing the Professional Services. Upon placing a customer on hold, OpenGov may, without penalty, suspend Professional Services to the Customer and reallocate resources until the Customer has fulfilled its obligations. OpenGov shall bear no liability or otherwise be responsible for delays in the provision of the Professional Services occasioned by Customer’s failure to complete Customer’s responsibilities. And OpenGov may extend the timeline to complete certain Professional Services depending on the availability of qualified team resources (OpenGov cannot guarantee that these team resources will be the same as those who were working on the project prior to it being placed On Hold). 8.2. Consequences of Non-Payment. If Customer fails to make any payments required under any Order Form or SOW, then in addition to any other rights OpenGov may have under this Agreement or applicable law, (a) Customer will owe late interest penalty of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower and (b) If Customer’s account remains delinquent (with respect to payment of a valid invoice) for 30 days after receipt of a delinquency notice from OpenGov, which may be provided via email to Customer’s designated billing contact, OpenGov may temporarily suspend Customer’s access to the Software Service for up to 90 days to pursue good faith negotiations before pursuing termination in accordance with Section 6.3. Customer will continue to incur and owe all applicable fees irrespective of any such Service suspension based on such Customer delinquency. 8.3. Taxes. All fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes (“Sales Taxes”). Customer is solely responsible for any and all Sales 237 6 OpenGov Master Services Agreement – City of Bozeman Revised November 7, 2023 Taxes, not including taxes based solely on OpenGov’s net income. If any Sales Taxes related to the fees under this Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest, and will indemnify OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence of such tax exempt status, proper exemption certificates or other documentation acceptable to OpenGov. 9. Representations and Warranties; Disclaimer 9.1. By OpenGov. 9.1.1. General Warranty. OpenGov represents and warrants that it has all right and authority necessary to enter into and perform this Agreement. 9.1.2. Professional Services Warranty. OpenGov further represents and warrants that the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related SOW and generally prevailing industry standards. For any breach of the Professional Services warranty, Customer’s exclusive remedy and OpenGov’s entire liability will be the re-performance of the applicable services. If OpenGov is unable to re-perform such work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work. Customer must give written notice of any claim under this warranty to OpenGov within 90 days of performance of such work to receive such warranty remedies. 9.1.3. Software Services Warranty. OpenGov further represents and warrants that for a period of 90 days after the Effective Date, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error-free. Customer must give written notice of any claim under this warranty to OpenGov during the Term. OpenGov’s entire liability for any breach of the foregoing warranty is to repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre-paid, unused portion of the fee for such Software Services. 9.1.4. Security of Confidential Information. OpenGov ensures that the Software Services delivered under this Agreement are adequately secure, and must provide a secure environment for all of the Customer’s Confidential Information, which may include, but it not limited to any hardware and software (including servers, network and data components) to be provided or used by OpenGov as part of its performance under this Agreement. OpenGov represents that the security measures it takes in performance of its obligations under this Agreement are, and at all times will remain 238 7 OpenGov Master Services Agreement – City of Bozeman Revised November 7, 2023 in compliance with all applicable laws and regulations governing OpenGov’s access to, use of, and handling of Customer’s Data. 9.2. By Customer. Customer represents and warrants that (a) it has all right and authority necessary to enter into and perform this Agreement; and (b) OpenGov’s use of the Customer Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party. 9.3. Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED “AS IS” AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 10. Limitation of Liability 10.1. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND A PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 10.2. By Amount. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER TO OPENGOV FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. 10.3. Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based on either party’s intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party and (c) either party’s infringement of the other party’s Intellectual Property Rights. 10.4. No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer. 11. Indemnity. For the Software Services or Professional Services rendered, to the fullest extent permitted by law, OpenGov agrees to release, defend, indemnify, and 239 8 OpenGov Master Services Agreement – City of Bozeman Revised November 7, 2023 hold harmless the Customer, its agents, representatives, employees, and officers 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 Customer arising out of or resulting from: (i) the grossly negligent, reckless, or sole intentional misconduct of OpenGov or the OpenGov’s agents. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the Customer as indemnitee(s) which would otherwise exist as to such indemnitee(s). OpenGov’s indemnity under this Section must be without regard to and without any right to contribution from any insurance maintained by Customer. Customer 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 OpenGovwas obligated to defend the claim(s) or was obligated to indemnify the Customer for a claim(s) or any portion(s) thereof. In the event of an action filed against the Customer resulting from the Customer’s performance under this Agreement, the Customer may elect to represent itself and incur all costs and expenses of suit. These obligations must survive termination of this Agreement and the services performed hereunder. 12. Insurance. OpenGov must at OpenGov’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 OpenGov in this Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed by OpenGov in this Section. The insurance must cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the Customer. OpenGov must furnish to the Customer 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; • Automobile Liability - $1,000,000 property damage/bodily injury per accident for non-owned or leased automobiles; 240 9 OpenGov Master Services Agreement – City of Bozeman Revised November 7, 2023 • Technology Errors and Omissions Liability - $1,000,000 per claim; $2,000,000 annual aggregate; and • Cyber Liability - $1,500,000 per occurrence; $3,000,000 annual aggregate. The above amounts must be exclusive of defense costs. The Customer must be endorsed as an additional insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, Automobile Liability, and Cyber Liability policies. The insurance and required endorsements must be in a form suitable to Customer and must include no less than a thirty (30) day notice of cancellation or non- renewal. OpenGov must notify Customer within five (5) business days of OpenGov’s receipt of notice that any required insurance coverage will be terminated or OpenGov’s decision to terminate any required insurance coverage for any reason. The Customer must approve all insurance coverage and endorsements prior to OpenGov commencing work. 13. Miscellaneous a. Entire Agreement. This Agreement, together with any other documents incorporated herein by reference and all related Exhibits, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of this Agreement, the related Exhibits, and any other documents incorporated herein by reference, the following order of precedence governs: 1) this Agreement, excluding its Exhibits; 2) the Exhibits to this Agreement as of the Effective Date; and 3) any other documents incorporated herein by reference. b. Permits. OpenGov must provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. c. Laws and Regulations. OpenGov must comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. d. Nondiscrimination and Equal Pay. OpenGov agrees that all hiring by OpenGov of persons performing this Agreement must be on the basis of merit and qualifications. OpenGov will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. OpenGov will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, 241 10 OpenGov Master Services Agreement – City of Bozeman Revised November 7, 2023 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. OpenGov must be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. OpenGov 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). OpenGov must report to the Customer any violations of the Montana Equal Pay Act that OpenGov has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. OpenGov must require these nondiscrimination terms of its subcontractors providing services under this Agreement. e. Force Majeure. In no event must a Party to this Agreement be liable to another Party, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond one Party’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo. f. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training. OpenGov must not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the Customer under this Agreement while on Customer property or in the performance of any activities under this Agreement. OpenGov acknowledges it is aware of and must comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. The Customer must have the right to request proof of such compliance and OpenGov must be obligated to furnish such proof. OpenGov must be responsible for instructing and training OpenGov’s employees and agents in proper and specified work methods and procedures. OpenGov must provide continuous inspection and supervision of the work performed. OpenGov is responsible for instructing its employees and agents in safe work practices. g. Modification and Assignability. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. OpenGov may not subcontract or assign OpenGov’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the Customer, which will not be unreasonably withheld. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 242 11 OpenGov Master Services Agreement – City of Bozeman Revised November 7, 2023 h. Reports/Accountability/Public Information. OpenGov agrees to develop and/or provide documentation as requested by the Customer demonstrating OpenGov’s compliance with the requirements of this Agreement. No more than twice (2) per fiscal year, OpenGov must allow the Customer, its auditors, and other persons authorized by the Customer to inspect and copy the applicable parts of its books and records for the purpose of verifying that the reimbursement of monies distributed to OpenGov pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. OpenGov must not issue any statements, releases or information for public dissemination without prior approval of the Customer. i. Non-Waiver. A waiver by either Party of any default or breach by the other Party of any terms or conditions of this Agreement does not limit the other Party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. j. Attorney’s Fees and Costs. In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice must be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. k. Taxes. OpenGov is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. l. Dispute Resolution. i. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives must be resolved first by negotiation between senior-level personnel from each Party duly authorized to execute settlement agreements. Upon mutual agreement of the Parties, the Parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. ii. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. m. Survival. OpenGov’s indemnification must survive the termination or expiration of this Agreement for a period of three (3) years. n. Headings. The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. o. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance thereof must continue in effect. 243 12 OpenGov Master Services Agreement – City of Bozeman Revised November 7, 2023 p. Applicable Law. The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. q. Binding Effect. This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. r. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. s. Integration. This Agreement and all Exhibits attached hereto constitute the entire agreement of the Parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the Parties. There are no understandings between the Parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. t. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. u. Consent to Electronic Signatures. The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. v. Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone. However, for notices, including legal notices, required by the Agreement (in sections where the word “notice” appears) the parties must communicate more formally in a writing sent via USPS certified mail and via email. OpenGov’s addresses for notice are: OpenGov, Inc., 6525 Crown Blvd #41340, San Jose, CA 95160, and legal@opengov.com 244 13 OpenGov Master Services Agreement – City of Bozeman Revised November 7, 2023 Signatures Customer: City of Bozeman Signature: Name: Title: Date: OpenGov, Inc. Signature: Name: Title: Date: 245 Statement of Work City of Bozeman,MT Creation Date:10/20/2023 Document Number:PS-04092 Version Number:3 Created by:Dean Simpson 2023 Statement of Work v2.1 1 246 Table of Contents 1.Overview and Approach 3 1.1.Agreement 3 2.Statement of Work 3 2.1.Project Scope 3 2.2.Facilities and Hours of Coverage 4 2.3.Key Assumptions 4 2.4.Exclusions 4 2.5.OpenGov Responsibilities 4 2.5.1.Activity 1 –Project Management 4 2.5.2.Activity 2 –Initialization 5 2.5.3.Activity 3 –OpenGov Use Cases 6 2.5.4.Activity 4 –Training 6 2.6.Your Responsibilities 6 2.6.1.Your Project Manager 7 2.7.Completion Criteria 7 2.8.Estimated Schedule 7 2.9.Illustrative Project Timelines 8 2.10.Charges 8 2.11.Offer Expiration Date 8 Appendix A:Engagement Charter 9 A-1:Communication and Escalation Procedure 9 A-2:Change Order Process 9 A-3:Deliverable Materials Acceptance Procedure 10 Appendix B:Deliverables 11 B-1:Data Deliverables 11 B-2:Record Type Deliverables 11 B-3:Training Deliverables 11 Appendix C:Technical Requirements 13 2023 Statement of Work v2.1 2 247 1.Overview and Approach 1.1.Agreement This Statement of Work (“SOW”)identifies services that OpenGov,Inc.(“OpenGov”or “we”)will perform for City of Bozeman,MT (“Customer”or “you”)pursuant to that order for Professional Services entered into between OpenGov and the Customer (“Order Form”)which references the Master Services Agreement or other applicable agreement entered into by the parties (the “Agreement”). ●Customer acknowledges and agrees that this Statement of Work is subject to the confidentiality obligations set forth in the Agreement between OpenGov and Customer. ●The Deliverables listed in Appendix B are the single source of the truth of the deliverables to be provided. ●Customer’s use of the Professional Services is governed by the Agreement and not this SOW. ●Upon execution of the Order Form or other documentation referencing the SOW,this SOW shall be incorporated by reference into the Agreement. ●In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement,the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only.Unless otherwise defined herein,capitalized terms used in this SOW shall have the meaning defined in the Agreement. ●This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party. ●OpenGov will be deployed as is,Customer has access to all functionality available in the current release. 2.Statement of Work This SOW is limited to the Implementation of the OpenGov Permitting &Licensing as defined in the OpenGov Responsibilities section of this document (Section 2.5).Any additional services or support will be considered out of scope. 2.1.Project Scope Under this project,OpenGov will deliver cloud based Permitting &Licensing solutions to help the Customer power a more effective and accountable government.OpenGov's estimated charges and schedule are based on performance of the activities listed in the “OpenGov Responsibilities”section below.Deviations that arise during the project will be managed through the procedure described in Appendix A-2:Change Order Process,and may result in adjustments to the Project Scope,Estimated Schedule,Charges and other terms.These adjustments may include charges on a time-and-materials or fixed-fee basis using OpenGov’s standard rates in effect from time to time for any resulting additional work or waiting time. 2023 Statement of Work v2.1 3 248 2.2.Facilities and Hours of Coverage OpenGov will: A.Perform the work under this SOW remotely,except for any project-related activity which OpenGov determines would be best performed at your facility in order to complete its responsibilities under this SOW. B.Provide the Services under this SOW during normal business hours,8:30am to 6:00pm local time,Monday through Friday,except holidays. C.Use personnel and resources located across the United States,and may also include OpenGov-trained stang contractors to support the delivery of services. 2.3.Key Assumptions The SOW and OpenGov estimates are based on the following key assumptions.Deviations that arise during the proposed project will be managed through the Appendix A-2:Change Order Process,and may result in adjustments to the Project Scope,Estimated Schedule, Charges,and other terms. General: A.Individual software modules are configured based on discussions between OpenGov and Customer. B.All training,working sessions,and configuration is completed remotely,unless otherwise specified in appendix C.Customer will gather and provide all applicable Prerequisite Data Checklist items prior to the first project working session being held. D.Customer’s source data will be provided in accordance with Appendix C:Technical Requirements . E.Customer will validate and sign off on each deliverable in Appendix B:Deliverables. F.Go Live date will be agreed and signed off between the Customer and OpenGov project manager during project planning. G.Customer will sign off on the Solution Acceptance prior to Go Live. H.The project plan assumes one Go-Live event and cutover unless otherwise specified in Appendix B:Deliverables. 2.4.Exclusions A.No historical data migration is included with this scope of work. 2.5.OpenGov Responsibilities 2.5.1.Activity 1 –Project Management OpenGov will provide project management for the OpenGov responsibilities in this SOW. The purpose of this activity is to provide direction to the OpenGov project personnel and to provide a framework for project planning,communications,reporting,procedural and contractual activity.This activity is composed of the following tasks: Planning 2023 Statement of Work v2.1 4 249 OpenGov will: A.Review the SOW,contract and project plan with Customer’s Project Manager and key stakeholders to ensure alignment and agreed upon timelines; B.Coordinate a go live planning and data workshop to plan data integrations and migrations; C.Maintain project communications through your Project Manager; D.Establish documentation and procedural standards for deliverable Materials;and E.Assist your Project Manager to prepare and maintain the project plan for the performance of this SOW which will include the activities,tasks,assignments,and project milestones. Project Tracking and Reporting OpenGov will: A.Review project tasks,schedules,and resources and make changes or additions,as appropriate.Measure and evaluate progress against the project plan with your Project Manager; B.Work with your Project Manager to address and resolve deviations from the project plan; C.Conduct regularly scheduled project status meetings;and D.Administer the Appendix A-2:Change Order Process with your Project Manager. Completion Criteria: This is an on-going activity which will be considered complete at the end of the Services Deliverable Materials: ●Planning and Data Workshop ●Project Plan and Timeline ●Weekly Status Reports ●Go Live Checklist ●RAID ●Project Charter 2.5.2.Activity 2 –Initialization OpenGov will provide the following: A.Customer Entity configuration B.System Administrators creation C.Solution Blueprint creation D.Data Validation strategy Completion Criteria: This activity will be considered complete when: ●Customer Entity is created 2023 Statement of Work v2.1 5 250 ●System Administrators have access to Customer Entity ●Solution Blueprint is presented to Customer Deliverable Materials: ●Solution Blueprint ●Sign-off of Initial Draft Solution Blueprint 2.5.3.Activity 3 –OpenGov Use Cases Use cases: OpenGov will provide the following: Other -Pet Licensing Completion Criteria: This activity will be considered complete when: ●Deliverables are configured/completed Deliverable Materials: ●Formal sign off document 2.5.4.Activity 4 –Training Training will be provided in instructor-led virtual sessions unless otherwise specified in Appendix B.For any instructor-led virtual sessions,the class size is recommended to be 10, for class sizes larger than 10 it may be necessary to have more than one instructor. Completion Criteria: ●Training is provided Deliverable Materials: ●Formal sign off document 2.6.Your Responsibilities The completion of the proposed scope of work depends on the full commitment and participation of your management and personnel.The responsibilities listed in this section are in addition to those responsibilities specified in the Agreement and are to be provided at no charge to OpenGov.OpenGov's performance is predicated upon the following responsibilities being managed and fulfilled by you.Delays in performance of these responsibilities may result in delay of the completion of the project and will be handled in accordance with Appendix A-2:Change Order Process. 2023 Statement of Work v2.1 6 251 2.6.1.Your Project Manager Prior to the start of this project,you will designate a person called your Project Manager who will be the focal point for OpenGov communications relative to this project and will have the authority to act on behalf of you in all matters regarding this project. Your Project Manager's responsibilities include the following: A.Manage your personnel and responsibilities for this project (for example:ensure personnel complete any self-paced training sessions,configuration,validation or user acceptance testing); B.Serve as the interface between OpenGov and all your departments participating in the project; C.Administer the Appendix A-2:Change Order Process with the Project Manager; D.Participate in project status meetings; E.Obtain and provide information,data,and decisions within five (5)business days of OpenGov’s request unless you and OpenGov agree in writing to a different response time; F.Resolve deviations from the estimated schedule,which may be caused by you; G.Help resolve project issues and escalate issues within your organization,as necessary;and H.Create,with OpenGov’s assistance,the project plan for the performance of this SOW which will include the activities,tasks,assignments,milestones,estimates,and duration. 2.7.Completion Criteria OpenGov will have fulfilled its obligations under this SOW when any of the following first occurs: A.OpenGov accomplishes the activities set forth in “OpenGov responsibilities”section and delivers the Materials listed,if any;or B.The End Date,as agreed upon between the Customer and OpenGov during project planning,is reached. 2.8.Estimated Schedule OpenGov will schedule resources for this project upon signature of the order form.Unless specifically noted,the OpenGov assigned project manager will work with Customer Project Manager to develop the project schedule for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources,and the timeliness of deliverables provided by the Customer. 2023 Statement of Work v2.1 7 252 The Services are currently estimated to start within two (2)weeks but no later than four (4) weeks from signatures,unless otherwise agreed upon between the Customer and OpenGov, and have an estimated end date of six (6)months from kick-off (“Estimated End Date”).The End Date will be agreed between Customer and OpenGov during project planning. 2.9.Illustrative Project Timelines The typical project timelines are for illustrative purposes only and may not reflect your use cases. 2.10.Charges The Services will be conducted on a Fixed Price basis.This fixed price is exclusive of any travel and living expenses and other reasonable expenses incurred in connection with the Services.All charges are exclusive of any applicable taxes. There is no travel expected in this project.Should travel be requested,Customer shall reimburse OpenGov for reasonable out-of-pocket expenses OpenGov incurs providing Professional Services.Reasonable expenses include,but are not limited to,travel,lodging, and meals.Expenses are billed based on actual costs incurred. 2.11.Offer Expiration Date This offer will expire on December 15,2023 unless extended by OpenGov in writing. 2023 Statement of Work v2.1 8 253 Appendix A:Engagement Charter A-1:Communication and Escalation Procedure Active engagement throughout the implementation process is the foundation of a successful deployment.To help assess progress,address questions,and minimize risk during the course of deployment both parties agree to the following: ●Regular communication aligned to the agreed upon project plan and timing. ○OpenGov expects our customers to raise questions or concerns as soon as they arise.OpenGov will do the same,in order to be able to address items when known. ●Executive involvement ○Executives may be called upon to clarify expectations and/or resolve confusion. ○Executives may be needed to steer strategic items to maximize the value through the deployment. ●Escalation Process: ○OpenGov and Customer agree to raise concerns and follow the escalation process, resource responsibility,and documentation in the event an escalation is needed to support issues raised ●Identification of an issue impeding deployment progress,outcome or capturing the value proposition,that is not acceptable. ●Customer or OpenGov Project Manager summarizes the problem statement and impasse. ●Customer and OpenGov Project Managers jointly will outline solution, acceptance or schedule Executive review. ●Resolution will be documented and signed off following Executive review. ●Phase Sign-Off ○OpenGov requests sign-offs at various stages during the implementation of the project.Once the Customer has signed-off,any additional changes requested by Customer on that stage will require a paid change order for additional hours for OpenGov to complete the requested changes. A-2:Change Order Process This SOW and related efforts are based on the information provided and gathered by OpenGov. Customers acknowledge that changes to the scope may require additional effort or time, resulting in additional cost.Any change to scope must be agreed to in writing or email,by both Customer and OpenGov,and documented as such via a: ●Change Order -Work that is added to or deleted from the original scope of this SOW. Depending on the magnitude of the change,it may or may not alter the original contract amount or completion date and be paid for by Customer.Changes might include: o Timeline for completion o Sign off process o Cost of change and Invoice timing o Amending the SOW to correct an error. 2023 Statement of Work v2.1 9 254 o Extension of work as the complexity identified exceeds what was expected by Customer or OpenGov. o Change in type of OpenGov resources to support the SOW. A-3:Deliverable Materials Acceptance Procedure Deliverable Materials as defined herein will be reviewed and accepted in accordance with the following procedure: ●The deliverable material will be submitted to your Project Manager. ●Your Project Manager will have decision authority to approve/reject all project Criteria, Phase Acceptance and Engagement Acceptance. ●Within five (5)business days of receipt,your Project Manager will either accept the deliverable Material or provide OpenGov’s Project Manager a written list of requested revisions.If OpenGov receives no response from your Project Manager within five (5) business days,then the deliverable Material will be deemed accepted.The process will repeat for the requested revisions until acceptance. ●All acceptance milestones and associated review periods will be tracked on the project plan. ●Both OpenGov and Customer recognize that failure to complete tasks and respond to open issues may have a negative impact on the project. ●For any tasks not yet complete,OpenGov and/or Customer will provide sucient resources to expedite completion of tasks to prevent negatively impacting the project. ●Any conflict arising from the deliverable Materials Acceptance Procedure will be addressed as specified in the Escalation Procedure set forth in Appendix A-1:Communication and Escalation Procedure .As set forth in the “Customer Delays”provision of the Agreement,if there are extended delays (greater than 10 business days)in Customer’s response for requested information or deliverable;OpenGov may opt to put the project on an "On Hold" status.After the Customer has fulfilled its obligations,Professional Services can be resumed and the project will be taken off the "On-Hold"status. ●Putting a project “on Hold”may have several ramifications including,but not restricted,to the following: ○Professional Services to the customer could be stopped; ○Delay to any agreed timelines;or ○Not having the same Professional Services team assigned. 2023 Statement of Work v2.1 10 255 Appendix B:Deliverables B-1:Data Deliverables Master Address Table (MAT)Integration ●OpenGov will: ○Provide a template file to be utilized by the Customer to populate MAT information. ○Import the completed template file and validate against the completed template file. ●Customer will: ○Populate and validate the MAT template. ESRI ArcGIS Server Integration ●OpenGov will: ○Integrate with the Customer’s ArcGIS public API endpoint. B-2:Record Type Deliverables OpenGov will configure the following standard record type drafts of Customer’s record types in the Permitting &Licensing system including Form,Workflow,Output Document and Fees: Pet Licensing Four (4)Record Types including: ●Pet License ●Urban Chicken License ●Kennel License ●Exotic Pet License Customer will: ●Attend working sessions to validate,review,and iterate upon draft records. ●Test all configured record types B-3:Training Deliverables OpenGov will: Administrator Training ●Provide up to seven (7)hours of Permitting &Licensing system administrator training to enable system administrators on the following topics: ○Setting up the public portal ○Employee app settings ○Creating and editing record types ○Managing Forms ○Editing Documents ○Creating Workflows ○Setting up Inspections End User Training 2023 Statement of Work v2.1 11 256 ●Provide up to one (1)hours of end-user trainings designed for Plan Review,Inspectors, Finance Staff,etc.to cover the following topics: ○Navigation of the system ○Manage inbox and tasks ○Take payments ○Conduct inspections ○Create records Customer will: ●Identify the relevant participants to attend each training session. 2023 Statement of Work v2.1 12 257 Appendix C:Technical Requirements Master Address Table ●All addresses must have a unique ID ●Flat file,.csv,.xls,.xlsx,.txt with headers ●Parcels and address points recommended ●Recommended source data:Esri GIS,Alternative source options include:Assessor’s database,E911 ESRI ArcGIS ●Publicly-accessible secure ESRI REST API URL Current application forms,workflows,fee structures,and output documents ●PDF,Word,.csv,.xls,.xlsx with headers 2023 Statement of Work v2.1 13 258 Memorandum REPORT TO:City Commission FROM:Mike Veselik, Economic Development Program Manager David Fine, Economic Development Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Task Order EDD23-003 with Sanderson Stewart for a Bridger Park Garage Expansion Feasibility Analysis MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a task order EDD23-003 with Sanderson Stewart for a Bridger Park Garage expansion feasibility analysis. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:In 2018, the City engaged engineering consultants to examine feasibility of adding levels to the Bridger Park Garage. The proposed new scope of work reexamines the feasibility of adding levels to the Bridger Park Garage in consideration of recent seismic and other structural updates to the building code. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:Sanderson Stewart will bill for services on a lump sum basis not to exceed $29,000. This money is available through the City's Parking Enterprise Fund. Attachments: URD Task Order EDD23-003_Bridger Park Expansion COMPLETE v2 092023.pdf Report compiled on: September 21, 2023 259 City of Bozeman Urban Renewal District Term Contract Task Order Number #EDD23-003 PROJECT: Bridger Park Garage Expansion Feasibility Analysis Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. This Task Order is dated September 20, 2023 between the City of Bozeman Economic Development Department (EDD) and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: EDD: David Fine, Urban Renewal Program Manager Contractor: Chris Naumann, Sanderson Stewart SCOPE OF WORK: The scope for this task order is detailed in the attached Walker Consultants proposal. In addition, Sanderson Stewart will provide task order administrative support. COMPENSATION: Sanderson Stewart will bill for its services on a lump sum basis with a project total of $29,000.00 (Walker Consultants $27,400 and Sanderson Stewart $1,600). Sanderson Stewart shall submit invoices to the City of Bozeman for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “percentage of completion method” whereby Sanderson Stewart will estimate the percentage of the total work (provided on a lump sum basis) accomplished during the invoicing period. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order. City of Bozeman Sanderson Stewart Jeff Mihelich, City Manager Chris Naumann, Associate 260 10375 Park Meadows Drive, Suite 425 Lone Tree, CO 80124 303.694.6622 August 24, 2023 Revised September 19, 2023 Chris Naumann Associate, Bozeman Branch Manager Sanderson Stewart 106 E Babcock Street, Suite L1 Bozeman, MT 59715 Re: Proposal for Parking Structure Expansion Feasibility Analysis Bridger Park Downtown Garage Bozeman, MT Dear Chris: Walker Consultants (Walker) is providing the following the proposal for the feasibility analysis to implement the vertical expansion of the existing Bridger Park Downtown parking structure in Bozeman, MT as a task order through the current on-call agreement with Sanderson Stewart. Walker Consultants is a fully staffed, industry leading parking consultant and will be able to maximize parking efficiency and functionality which leads to minimizing the overall project cost. We are confident that our team’s experience designing parking structures world-wide over 55 years will be of benefit and value. Project Understanding The existing Bridger Park Downtown parking structure is a cast-in-place post-tensioned two bay single thread helix accommodating approximately 335 spaces across a grade plus two supported levels. The project was originally designed for a future vertical expansion. The City of Bozeman wished to evaluate the feasibility to complete the expansion under the requirements of current design codes and comment of the study performed by DCI Engineers in April 2019. Scope of Services Based on the above understanding, we will build upon our prior feasibility efforts. We propose to perform the following scope of services. 1. Perform a site visit to review existing conditions, if necessary. 2. Review archival documents provided by the City of Bozeman and generated by Walker as part of our prior engagement. 3. Review the functionality of how a connection to a new top deck would impact the existing vehicle and pedestrian circulation, change in the number of parking spaces in the structure, impact on the number of accessible parking spaces, etc. Identify any potential hurdles or constraints. 4. Analyze ramp and entry/exit capacities. 261 Bridger Park Downtown Garage Parking Structure Expansion City of Bozeman September 19, 2023 2 5. Explore options for expanding the stair and stair/elevator towers. 6. Confirm that the structural analysis performed as part of the prior engagement conforms to current building codes. This model will evaluate the potential expansion for maximizing additional parking capacity with the provision for a solar ready roof component. 7. Review pedestrian vertical circulation elements for potential expansion. Verify code required widths are provided in the expanded condition. This includes stairs and elevators. 8. Review, at a conceptual level, the impact to the existing building façade. 9. Study existing electrical, mechanical, and plumbing systems to confirm that it can handle the demand from proposed additional level. 10. In cooperation with Martel Construction prepare an order of magnitude construction cost estimate develop from initial quantities generated through the expansion analysis evaluation. 11. Develop a phasing plan that minimizes temporary loss of parking spaces during construction. 12. Meet with the City of Bozeman- Fire Marshal, Building Department, Traffic and Planning to discuss their requirements. One (1) trip to Bozeman is included in our scope. 13. Prepare a draft report of our findings, including recommendations for any materials testing needed to confirm existing conditions. The report will include car counts and sketches along with a list of potential project logistical challenges associated with this type of work. 14. Review the draft report with you via teleconference or web conference and issue a final report. Limitations As stated in the above scope of services, the assessment is based on visual observations and limited testing of the existing conditions. Our observations may not discover or disclose latent conditions without performing more invasive testing. More detailed and invasive testing can be provided by Walker as an additional service upon written request from Client. Americans with Disabilities Act A review of the facility for Building Code compliance and compliance with the Americans with Disabilities Act (ADA) requirements is not part of the scope of work. However, it should be noted that whenever significant repair, rehabilitation, or restoration is undertaken in an existing structure, ADA design requirements may become applicable if there are currently unmet ADA requirements. Schedule We can begin work within one week of receiving written authorization, and anticipate on finishing the work within 4-6 weeks, contingent upon receiving timely feedback from the City of Bozeman Building Department. Professional Fee We propose to perform the services described for a lump sum fee of Twenty-Seven Thousand Four Hundred Dollars ($27,400) including expenses. 262 Bridger Park Downtown Garage Parking Structure Expansion City of Bozeman September 19, 2023 3 Walker is dedicated to providing our clients with professional services that meet project requirements and deadlines. If you should have any additional questions, please do not hesitate to call or email us. Sincerely, WALKER CONSULTANTS Kirk Taylor, PE Ryan Frederick, PE/SE Principal, Director of Design Services Director of Engineering Services -West Region Enclosures General Conditions of Agreement for Design Services Standard Billing Rates 2023 Authorization Trusting that this meets with your approval, we ask that you sign in the space below to acknowledge your acceptance of the terms contained herein, and to confirm your authorization for us to proceed. Please return one signed original of this agreement for our records. Sanderson Stewart Authorized Signature Printed Name Title Date M:\PROPOSAL\CMPLTPRO\Functional & Structural\Bridger Park Downtown - Expansion\Bridger Park Downtown PS_Expansion Feasability -Rev1.docx Chris Naumann Associate | Bozeman Manager 9/20/23 263 Bridger Park Downtown Garage Parking Structure Expansion City of Bozeman September 19, 2023 4 General Conditions of Agreement for Design Services Services Walker Consultants (“Walker”) will provide the Client professional services that are limited to the work described in the attached letter (the “services”). Any additional services requested will be provided at our standard hourly rates or for a mutually agreed lump sum fee. The services are provided solely in accordance with written information and documents supplied by the Client and are limited to and furnished solely for the specific use disclosed to us in writing by the Client. No third-party beneficiary is contemplated. Payment for Services Monthly Invoices Walker will submit monthly invoices based on work completed. Payment is due upon receipt of invoice. If for any reason the Client does not pay Walker within thirty (30) days of date of invoice, Walker may, at its option, suspend or withhold services. The Client agrees to pay Walker a monthly late charge of one and one-half percent (1.5%) per month of any unpaid balance of the invoice. Payment Method Walker’s preferred method of payment is ACH. All payments should be made electronically to: Truist Bank ABA Routing Number 021052053 Credit to the account of - Walker Consultants Account Number 79592337 Period of Service In the event that no contract administration phase services are to be provided by Walker, services shall be completed the earlier of (1) the date when final documents are accepted by the Client or (2) thirty days after final documents are delivered to the Client. If contract administration phase services are provided by Walker, services shall be complete upon the earlier of (1) the time of approval by Walker of final payment to the contractor or (2) thirty (30) days after completion of the work designed by Walker. 264 Bridger Park Downtown Garage Parking Structure Expansion City of Bozeman September 19, 2023 5 Standard of Care Walker will perform the services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Walker makes no warranty, express or implied, as to its professional services under this agreement. Walker’s liability caused by its acts, errors, or omissions shall be limited to $1,000,000. Any estimates or projections provided by Walker will be premised in part upon assumptions provided by the Client. Walker will not independently investigate the accuracy of the assumptions. Because of the inherent uncertainty and probable variation of the assumptions, actual results will vary from estimated or projected results and such variations may be material. As such, Walker makes no warranty or representation, express or implied, as to the accuracy of the estimates or projections. Indemnification Walker agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers, directors, and employees (collectively, Client) against all damages or liabilities, to the extent caused by Walker’s negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom Walker is legally liable. The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Walker, its officers, directors, employees, and subconsultants (collectively Walker) against all damages or liabilities, to the extent caused by the Client’s negligent acts, errors, or omissions in connection with the Project as well as the acts, errors, or omissions of its contractors, subcontractors, or consultants or anyone for whom the Client is legally liable. Neither the Client nor Walker shall be obligated to indemnify the other party in any manner whatsoever for the other party’s own negligence or for the negligence of others. Ownership of Documents Walker shall retain ownership of all reports, drawings, plans, specifications, electronic files, field data, notes, calculations, and other documents and instruments prepared by Walker as instruments of service. Walker shall retain all common law, statutory, and other reserved rights, including, without limitation, all copyrights thereto. Any use for modifications or extensions of this work, for new projects, or for completion of this project by others without Walker’s written consent will be at the Client’s sole risk. Consequential Damages The Client and Walker waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. Dispute Resolution 265 Bridger Park Downtown Garage Parking Structure Expansion City of Bozeman September 19, 2023 6 This Agreement shall be governed by the laws of the Commonwealth, District, or State of the office performing Walker’s services. In addition to, and as a condition precedent to litigation, the Client and Walker shall endeavor to resolve claims, disputes, and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the locality of the Walker office performing services under this Agreement. Non-Solicitation Clause The Client agrees that it will not directly or indirectly solicit for employment any Walker employee providing services on behalf of Client for a period of two years after the date of this agreement. Client agrees that a breach of this provision would have material and adverse impacts on Walker’s business and Client therefore agrees to pay Walker an amount equal to two times the annual salary of any employee of Walker who accepts a position with Client within such two-year period, in addition to all other rights and remedies available to Walker. Proprietary Information The information contained in this proposal is confidential, privileged, and only for the Client and may not be shared, published, or redistributed without prior written permission from Walker Consultants. 266 Bridger Park Downtown Garage Parking Structure Expansion City of Bozeman September 19, 2023 7 Standard Billing Rates for Basic Services Senior Vice President .................................................................................................................................... $320 Vice President ................................................................................................................................................ $300 Principal/Director ........................................................................................................................................... $280 Senior Project Manager/Senior Consultant .................................................................................................. $260 Project Manager/Consultant.......................................................................................................................... $225 Senior Engineer/Senior Architect .................................................................................................................. $220 Project Engineer............................................................................................................................................. $205 Engineer/Architect ......................................................................................................................................... $195 Analyst/Planner/Specialist ............................................................................................................................ $185 Assistant Project Manager/Assistant Consultant ........................................................................................... $190 Designer ......................................................................................................................................................... $190 Senior Technician ........................................................................................................................................... $170 Technician ...................................................................................................................................................... $155 Senior Administrative Assistant/Business Manager ....................................................................................... $130 Administrative Assistant ................................................................................................................................ $110 Subject to annual adjustment on January 1 each year. 267 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Shawn Kohtz, City Engineer Nick Ross, Transportation and Engineering Director SUBJECT:Resolution 5549 Authorizing Change Order 3 with CK May Excavating, Inc. for the Bozeman Sourdough Water Transmission Main, Phase 2 Project MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Resolution 5549 authorizing Change Order No. 3 with CK May Excavating, Inc. for the Bozeman Sourdough Water Transmission Main, Phase 2 Project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of resolution 5549 and change order number 3 for the above referenced project. There is a short section of Sourdough Road that has an irrigation ditch directly adjacent to it. After the road was disturbed and restored for the installation of the water main, the shoulder was sluffing off into the ditch due to the steepness of the slope. This created a hazard whereby if a vehicle drove onto the shoulder, they would be pulled into the ditch. This change order is to extend the culvert slightly and regrade the shoulder and ditch slope to stabilize it. There is no change in contract time. The final recommended change in cost for this item is reasonable and commensurate with the work involved . Following approval of this change order, the final payment can be made and the project closed out. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Increase of $5,745.16 from $4,055,785.66 to $4,061,530.82 (Projects ARP003 and ARPS01. The project is being fully funded by the City’s ARPA funds and with this change is $43,773.08, which is below the original contract award amount of $4,105,303.90. Attachments: Resolution 5549 and Change Order No. 3.pdf Report compiled on: October 18, 2023 268 269 270 271 272 273 274 275 276 277 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 5550, Annexation of 1.06 Acres, the 1801 and 1805 Willow Way Annexation, Application 23016 MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5550 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 resolution annexes two parcels totaling approximately 1.06 acres in to the City limits. The companion zone map amendment establishes an initial zoning of R-4, Residential High Density district. The property is currently zoned 'Residential Suburban' (RS) within the county. The same RS county zoning is also to the north, west, and east. Directly south across Kagy Boulevard is zoned 'Agriculture Suburban' (AS) within the county. Nearby municipal zoning to the east, southeast, and west is R-4, Residential High Density and R-2, Residential Moderate Density with REMU, Residential Emphasis Mixed Use towards the southeast and further south of the subject site. The Future Land Use Map in 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 Willow Way to the east (a Bozeman classified local street), and Kagy Boulevard to the south, (a Bozeman classified principal arterial). The Commission held a public hearing on the request on June 6, 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 2154 accompanies this Resolution of annexation. UNRESOLVED ISSUES:None 278 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: Resolution 5550 - 1801&1805 Willow Way Annexation.pdf 006 - Annexation Map.pdf Signed Annexation Agreement (23016).pdf Report compiled on: October 24, 2023 279 Page 1 of 3 RESOLUTION NO. 5550 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 1.06 ACRES, KNOWN AS THE 1801 AND 1805 WILLOW WAY ANNEXATION, APPLICATION 23016. 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 1.06 acres, located on the north side of Kagy Boulevard and the west side of Willow Way; and WHEREAS, the petition was submitted by the landowner on January 18, 2023 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 June 6, 2023; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on June 6, 2023; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and 280 Resolution 5550 1801 & 1805 Willow Way 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 Willow Way; 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 1.06 acres, to wit: Legal Description Those parcels described in Document Nos. 2509637 and 2542963, which together comprise Tract 7 and Tract 8, Beatty’s Subdivision, [Plat E-26], according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, except that part of said Tract 8 that was conveyed for street right of way according to Film 125, Page 385, and that part of the east 4.25 feet of Tract 11, Beatty’s Subdivision, adjacent to said Tract 7 and Tract 8, and the adjacent portions of Willow Way and West Kagy Boulevard right of ways, and located in the Southwest Quarter of Section 13, Township 2 South, Range 5 East of P.M.M., all described as follows: BEGINNING at the northwest corner of Tract 7 of said Beatty’s Subdivision; thence easterly 091˚30’00”, assumed azimuth from north, 315.62 feet along the north line of said Tract 7 and its easterly extension to the east right of way line of Willow Way; thence southwesterly 204˚15’33” azimuth 298.83 feet along said right of way line to the centerline of West Kagy Blvd; thence westerly 270˚57’39” azimuth 203.85 feet along said centerline; thence northerly 001˚24’44” azimuth 277.48 feet along the west property line and its 281 Resolution 5550 1801 & 1805 Willow Way Annexation Page 3 of 3 southerly extension; thence easterly 091˚30’00” azimuth 4.25 feet along the westerly extension of the north line of Tract 7 to the Point of Beginning, Area of Lots = 46,173 square feet, 1.0599 acres or 4,289.6 square meters. Area of Kagy Blvd and Willow Way ROW = 24,620 square feet, 0.5652 acres or 2,287.4 meters. SUBJECT to all easements of record or apparent from visual inspection of the property. As depicted on the 1801 & 1805 Willow Way Annexation Map. Section 2 The effective date of this annexation is November 15, 2023. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 14th day of November, 2023. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 Memorandum REPORT TO:City Commission FROM:Max Ziegler, Facilities Project Coordinator Jon Henderson, Director of Strategic Services SUBJECT:Resolution 5551, Authorizing the City Manager to Sign Prime Change Orders 1 Through 3 and Contract GMP Amendment with Jackson Contractor Group, Inc., for the Bozeman Swim Center Renovation Project MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5551, authorizing prime change orders number 1 through 3 and contract GMP amendment with Jackson Contractor Group, Inc., for the Bozeman Swim Center Renovation Project STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:On May 5, 2023 the City Commission approved a Amendment 2 to the PSA with Jackson Contractor Group for Swim Center Renovation GCCM Services updating the total contract cost for the project. This amendment contains provisions for altering the conditions of the agreement as authorized by the Owner (City) resulting in an increase of $225,829.01 to the overall Contract Price. Change orders that are covered under this amendment include credits from Allowance budgets, design changes to exterior siding details and phasing, addition of exterior lighting, and removal of an unanticipated layer of roofing. Additionally this GMP amendment includes finalized pricing for Phase 2 construction costs which accounts for the increase in GMP. While every reasonable attempt was made to include everything in the original project plans and specs, projects of this size and complexity routinely require changes during construction to account for unanticipated conditions and revisions to design plans. Budgeting for Phase 2 costs included healthy contingency to account for design development and cost escalation, and the increase in contract price will be paid for out of Swim Center Renovation Project contingency budgets. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:The changes included in this request result in an increase of$225,829.01 to 310 the overall contract price to be paid from contingency funds within the existing project budget as authorized by the City Commission. Attachments: Resolution 5551 - Prime Contract Change Order - Swim Center Renovation Phase 1.docx BZN Swim Center Phase 2 GMP 10.23.23 (002).pdf Swim Center PCCO #01.pdf Swim Center PCCO #02.pdf Swim Center PCCO #03.pdf Report compiled on: October 20, 2023 311 Version April 2020 RESOLUTION 5551 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, WHEREAS,the City Commission did, on May 5, 2023, authorize award of the Guaranteed Maximum Price (GMP) Amendment for Renovation of the Bozeman Swim Center with Jackson Contractor Group; and WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such alterations for modification of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations and modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alternates to the GMP Amendment for Renovation of the Bozeman Swim Center, as contained in Prime Change Orders #1-3 and Swim Center Phase 2 GMP – 10.23.23, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 20th day of April, 2021. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: 312 Version April 2020 ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 313 Budget Summary Bozeman Swim Center Updated 10/23/23 CURRENT CONTRACT PH1 PM1 + PH1 PM2 + Updated PH2 Updated Total - Contracted Total Base Contract + PCCOs to Date Amendment 1 + PCCOs to Date Amendment 2 PH2 Budget Total Current GMP 10/23/2023 PH2 GMP TOTAL UPDATED GMP VARIANCE Alt 1 - Flat Siding at Meter Alt 2 - Interior Paint Entire Wall Alt 3 - Gas Line Alt 4 - Deck Tile Per Spec Alt 5 - Deck Tile Alt Tile Alt 6 - Demo Ductwork Alt 7 - Secure Ductwork Total with approved alternates Notes for GMP General Conditions 244,838.00$ 337,868.00$ 582,706.00$ 409,095.00$ 653,933.00$ 71,227.00$ Increase in pool duration. Total duration = 6.5 months Phase 1 Permit 1 Construction Services 32,075.24$ 32,075.24$ 32,075.24$ -$ Phase 1 Permit 2 Wood, Metals, Misc 194,172.40$ 194,172.40$ 194,172.40$ -$ Exterior Art Grid 15,456.28$ 15,456.28$ 15,456.28$ -$ Roofing 519,808.11$ 519,808.11$ 519,808.11$ -$ EIFS Demo, New Siding, and Insulation 567,583.13$ 567,583.13$ 567,583.13$ -$ Paint 16,928.00$ 16,928.00$ 16,928.00$ -$ Tile 2,500.00$ 2,500.00$ 2,500.00$ -$ Drywall 11,279.50$ 11,279.50$ 11,279.50$ -$ Signage 4,955.30$ 4,955.30$ 4,955.30$ -$ Plumbing 13,600.00$ 13,600.00$ 13,600.00$ -$ Mechanical 5,980.00$ 5,980.00$ 5,980.00$ -$ Electrical 17,085.00$ 17,085.00$ 17,085.00$ -$ Exterior Improvements 22,969.00$ 22,969.00$ 22,969.00$ -$ Phase 2 Replace all Ceiling Tiles with new standard tiles 187,150.00$ 187,150.00$ 289,444.00$ 289,444.00$ 102,294.00$ 32,188.00$ 16,795.00$ Includes scaffolding + equipment. May be able to build ramp to save on scaffold Resurface Pool + Tile Lanes 479,348.00$ 479,348.00$ 867,833.41$ 867,833.41$ 388,485.41$ Total Pool Bid Replace Gutter coping with Federal Stone Slot Drain 129,455.00$ 129,455.00$ incl in pool bid -$ (129,455.00)$ Incl. in Above New Ladders and Lane Anchors 60,576.00$ 60,576.00$ incl in pool bid -$ (60,576.00)$ Incl. in Above Patch tile, oxidize substrate, support existing decks 166,602.00$ 166,602.00$ 38,432.00$ 38,432.00$ (128,170.00)$ 347,568.00$ 299,621.00$ Can save on alternate to switch to stock blend mosaic Procure Mechanical Equipment 445,000.00$ 445,000.00$ 445,000.00$ 445,000.00$ -$ Already issued contract for this scope Remove and Replace Natatorium HVAC, Replace MAU, Exhaust Fans, PTAC, TAB, Controls, CX 253,000.00$ 253,000.00$ 235,800.00$ 235,800.00$ (17,200.00)$ 16,200.00$ 40,250.00$ 12,000.00$ Replace all Lighting Fixtures and Controls + HVAC Electrical 177,085.00$ 177,085.00$ 153,850.00$ 153,850.00$ (23,235.00)$ Found Alternate Subcontractor Exterior Siding @ East Elevation 38,600.00$ 38,600.00$ 101,542.00$ 101,542.00$ 62,942.00$ 4,800.00$ Added Roofing. Scope change - Div 7 deducted $56,954 from PH1 to go to PH2 Patch CMU + Paint touchup 6,985.00$ 6,985.00$ 3,825.00$ 3,825.00$ (3,160.00)$ 10,425.00$ 500.00$ Patching is filling hole with grout, primer, and paint 2' strip at existing lighting Doors at front desk to Natatorium 19,867.00$ 19,867.00$ 15,049.00$ 15,049.00$ (4,818.00)$ Allowances Demo Abandoned Ductwork 20,000.00$ 20,000.00$ 20,000.00$ -$ (20,000.00)$ (20,000.00)$ 10% Ceiling Grid Repair -$ 6,800.00$ 6,800.00$ 6,800.00$ Ceiling Grid Repair assumed 10% Additional Tile Removal for waterproofing connection -$ 15,000.00$ 15,000.00$ 15,000.00$ (15,000.00)$ (15,000.00)$ May need to remove extra tile to have a good waterproofing connection Mechanical Equipment Fencing -$ 10,000.00$ 10,000.00$ 10,000.00$ Added Repairs of Pool Inlets 40,000.00$ 40,000.00$ 1,500.00$ 1,500.00$ (38,500.00)$ Drain Grates are in Bid, This is inlet repair only. Structural Repair at Pool (60 LF)15,750.00$ 15,750.00$ 26,500.00$ 26,500.00$ 10,750.00$ 60LF of crack repair + 60LF Rebar Repair Seismic Upgrade for ACT -$ -$ -$ -$ Wires were added at access points in 2022. No other areas have been inspected. Disconnect and reinstall plumbing at East Exterior Face 10,000.00$ 10,000.00$ incl in mech bid -$ (10,000.00)$ Included in Mech Bid Downspout removal and replacement -$ 5,000.00$ 5,000.00$ 5,000.00$ Added Subtotal :32,075.24$ 1,657,154.72$ 2,367,286.00$ 4,056,515.96$ 2,624,670.41$ 4,313,900.37$ 257,384.41$ 4,800.00$ 10,425.00$ 16,700.00$ 332,568.00$ 284,621.00$ 52,438.00$ 8,795.00$ -$ Fees/Contingengy Construction Contingency 5%67,603.40$ 118,365.00$ 185,968.40$ 131,234.00$ 131,234.00$ (54,734.40)$ Permit Fees 1% construction 16,922.00$ 23,673.00$ 40,595.00$ 26,247.00$ 43,140.00$ 2,545.00$ 48.00$ 104.25$ 167.00$ 3,325.68$ 2,846.21$ 524.38$ 87.95$ Bond 1%17,684.00$ 25,094.00$ 42,778.00$ 27,822.00$ 44,883.00$ 2,105.00$ 48.48$ 105.29$ 168.67$ 3,358.94$ 2,874.67$ 529.62$ 88.83$ Insurance 1%18,007.89$ 25,094.00$ 43,101.89$ 27,822.00$ 44,883.00$ 1,781.11$ 48.48$ 105.29$ 168.67$ 3,358.94$ 2,874.67$ 529.62$ 88.83$ GRT 1%20,046.86$ 27,945.00$ 47,991.86$ 30,983.00$ 49,983.00$ 1,991.14$ 53.41$ 116.57$ 187.81$ 3,740.17$ 3,200.94$ 589.74$ 98.43$ Contractors Fee 8%148,488.25$ 206,997.00$ 355,485.25$ 229,503.00$ 370,242.00$ 14,756.75$ 399.87$ 868.51$ 1,391.37$ 27,708.14$ 23,713.40$ 4,368.91$ 732.72$ Total:32,075.24$ 1,945,907.12$ 2,794,454.00$ 4,772,436.36$ 3,098,281.41$ 4,998,265.37$ 225,829.01$ 5,398.23$ 11,724.91$ 18,783.52$ 374,059.86$ 320,130.89$ 58,980.28$ 9,891.76$ PHASE 1PHASE 2PHASE 2 PREVIOUS PRICING PHASE 2 CURRENT PRICING Cannot be combined Cannot be combined PHASE 1 PERMIT 1 PHASE 1 PERMIT 2 314 Bozeman Office 146 Laura Louise Ln Bozeman, Montana 59718 Project: 03202202  -  City of Bozeman Construction Services Contracts 20 East Olive Street Bozeman, Montana 59715 Phone:  (406) 577-2772 Phone:  406-595-8470 Fax:  (406) 587-4282 Prime Contract Change Order #001: June, July Approved PCOs TO:City of Bozeman PO Box 1230 Bozeman, Montana 597711230 FROM:Jackson Contractor Group, Inc. PO Box 967 Missoula Montana 59806 DATE CREATED:6/ 15 /2023 CREATED BY:Melinee Metzger (Jackson Contractor Group, Inc.) CONTRACT STATUS:Approved REVISION:0 DESIGNATED REVIEWER:Melinee Metzger (Jackson Contractor Group, Inc.) REVIEWED BY:Melinee Metzger (Jackson Contractor Group, Inc.) DUE DATE:07/31 /2023 REVIEW DATE:08/01 /2023 INVOICED DATE: PAID DATE:  SCHEDULE IMPACT:0 days EXECUTED:No  CONTRACT FOR:03202202-01:City of Bozeman Swim Center TOTAL AMOUNT:  $ 7,077.69 DESCRIPTION: PCO's Approved in June 2023: •PCO #02 New Duct Sock Anchors •PCO #03 for (5) New Exterior Light Fixtures •PCO #06 Plumbing Cost V Budget •PCO #08 PH1 Permit 1 Cost reconciliation •PCO #017 RFI #19 Flat Siding •PCO #020 Exterior 2x12 Connection ATTACHMENTS: Swim Center PCO #017_Door Pocket EXECUTED.pdf Swim Center PCO #020 EXECUTED.pdf Swim Center PCO #06_Plumbing Estimate Under EXECUTED.pdf Swim Center PCO #08_Permit Estimate Over EXECUTED.pdf Swim Center PCO #02_Duct Sock Anchors EXECUTED.pdf Swim Center PCO #03 Rev 2_EXECUTED.pdf   This proposal is based on the usual cost elements such as labor, material, and normal mark ups, and does not include any amount for changes in the sequence or work delays, disruption, rescheduling, extended overhead, acceleration and or impacts, and the right is expressly reserved to make claim for any and all of these related items of cost prior to any final settlement of the contract.   POTENTIAL CHANGE ORDERS IN THIS CHANGE ORDER: PCO #Title Schedule Impact Amount 002 RFI #5: Failing Duct Sock Anchors 6,589.96  003 New Exterior Light Fixtures 1,090.69  006 Plumbing Budget Vs Cost 0 days 6,720.42  008 PH1 Permit 1 Cost Reconciliation 0 days (14,503.43)  017 RFI #19: Flat Siding 1,926.89  020 RFI #17: Exterior 2x12 connection 2 days 5,253.16  TOTAL:$7,077.69 CHANGE ORDER LINE ITEMS:  Bozeman Office page 1 of 3 Printed On: 9/5/ 2023  04 :29 PM PCCO #001 315 PCO # 002 : RFI #5: Failing Duct Sock Anchors #SubJob Cost Code Description Type Amount 1 02 Bozeman Swim CntrPH1 PRMT 2 23-0001 - MECHANICAL COMPLETE Add New Duct Sock Anchors Subcontract $ 5,980.00 Subtotal:$5,980.00 Insurance: 1.00% Applies to all line item types.59.80 Contractor's Fee: ≈ 8.02% Applies to all line item types.484.38 GRT: ≈ 1.01% Applies to all line item types.65.78    Grand Total:$6,589.96 PCO # 003 : New Exterior Light Fixtures #SubJob Cost Code Description Type Amount 1 02 Bozeman Swim CntrPH1 PRMT 2 26-0001 - ELECTRICAL COMPLETE New Exterior Light Fixtures Subcontract $ 990.00 Subtotal:$990.00 Insurance: 1.00% Applies to all line item types.9.90 Contractor's Fee: 8.00% Applies to all line item types.79.99 GRT: 1.00% Applies to all line item types.10.80    Grand Total:$1,090.69 PCO # 006 : Plumbing Budget Vs Cost #SubJob Cost Code Description Type Amount 1 02 Bozeman Swim CntrPH1 PRMT 2 22-0001 - PLUMBING COMPLETE Plumbing Costs are higher than budget Subcontract $ 3,600.00 2 02 Bozeman Swim CntrPH1 PRMT 2 23-0001 - MECHANICAL COMPLETE Dryer Duct Costs are higher than budget Subcontract $ 2,500.00 Subtotal:$6,100.00 Insurance: 1.00% Applies to all line item types.61.00 Contractor's Fee: 8.00% Applies to all line item types.492.88 GRT: 1.00% Applies to all line item types.66.54    Grand Total:$6,720.42 PCO # 008 : PH1 Permit 1 Cost Reconciliation #SubJob Cost Code Description Type Amount 1 01 Bozeman Swim Center - Ph 1A 01-2116 - CONTINGENCY Deduct excess budget from cost of phase 1 permit 1 Other ($14,503.43) Subtotal:($14,503.43) Insurance: 0.00% Applies to all line item types.0.00 Contractor's Fee: 0.00% Applies to all line item types.0.00 GRT: 0.00% Applies to all line item types.0.00    Grand Total:($14,503.43) PCO # 017 : RFI #19: Flat Siding #SubJob Cost Code Description Type Amount 1 02 Bozeman Swim CntrPH1 PRMT 2 07-4213 - SIDING - DIV 7 Flat siding behind connector door per details in RFI #19 Subcontract $ 1,749.00 Subtotal:$1,749.00 Insurance: 1.00% Applies to all line item types.17.49 Contractor's Fee: 8.00% Applies to all line item types.141.32 GRT: 1.00% Applies to all line item types.19.08    Grand Total:$1,926.89 Bozeman Office page 2 of 3 Printed On: 9/5/ 2023  04 :29 PM PCCO #001 316 PCO # 020 : RFI #17: Exterior 2x12 connection #SubJob Cost Code Description Type Amount 1 02 Bozeman Swim CntrPH1 PRMT 2 06-1000 - ROUGH CARPENTRY New 2x12 Material with Connections Material $ 900.00 2 02 Bozeman Swim CntrPH1 PRMT 2 06-1000 - ROUGH CARPENTRY Labor to remove existing 2x12 and replace Labor - Salaries/Wages $ 3,868.20 Subtotal:$4,768.20 Insurance: 1.00% Applies to all line item types.47.68 Contractor's Fee: 8.00% Applies to all line item types.385.27 GRT: 1.00% Applies to all line item types.52.01    Grand Total:$5,253.16 The original (Contract Sum)$ 4,747,704.67 Net change by previously authorized Change Orders $ 0.00 The contract sum prior to this Change Order was $ 4,747,704.67 The contract sum will be increased by this Change Order in the amount of $ 7,077.69 The new contract sum including this Change Order will be $ 4,754,782.36 The contract time will not be changed by this Change Order by 0 days  Ali Vasarella (Cushing Terrell - Bozeman) City of Bozeman  Jackson Contractor Group, Inc. 411 East Main Street Suite 101  PO Box 1230  PO Box 967 Bozeman Montana 59715  Bozeman Montana 597711230  Missoula Montana 59806             ProcoreArchitectSignHere ProcoreArchitectSignedDate  ProcoreOwnerSignHere ProcoreOwnerSignedDate  ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate SIGNATURE DATE  SIGNATURE DATE  SIGNATURE DATE Bozeman Office page 3 of 3 Printed On: 9/5/ 2023  04 :29 PM PCCO #001 317 Bozeman Office 146 Laura Louise Ln Bozeman, Montana 59718 Project: 03202202  -  City of Bozeman Construction Services Contracts 20 East Olive Street Bozeman, Montana 59715 Phone:  (406) 577-2772 Phone:  406-595-8470 Fax:  (406) 587-4282 Prime Contract Change Order #002: August Approved PCOs TO:City of Bozeman PO Box 1230 Bozeman, Montana 597711230 FROM:Jackson Contractor Group, Inc. PO Box 967 Missoula Montana 59806 DATE CREATED:8/ 03 /2023 CREATED BY:Melinee Metzger (Jackson Contractor Group, Inc.) CONTRACT STATUS:Approved REVISION:0 DESIGNATED REVIEWER:Melinee Metzger (Jackson Contractor Group, Inc.) REVIEWED BY:   DUE DATE:08/31 /2023 REVIEW DATE:08/15 /2023 INVOICED DATE: PAID DATE:  SCHEDULE IMPACT:EXECUTED:No  CONTRACT FOR:03202202-01:City of Bozeman Swim Center TOTAL AMOUNT:  ($42,850.00) DESCRIPTION: ATTACHMENTS:   This proposal is based on the usual cost elements such as labor, material, and normal mark ups, and does not include any amount for changes in the sequence or work delays, disruption, rescheduling, extended overhead, acceleration and or impacts, and the right is expressly reserved to make claim for any and all of these related items of cost prior to any final settlement of the contract.   POTENTIAL CHANGE ORDERS IN THIS CHANGE ORDER: PCO #Title Schedule Impact Amount 001 ASI #01 - East Elevation Exterior Material Change (56,954.00)  004 RFI #6: Gaps & Openings at Exterior CMU 0.00  005 RFI #7: Exterior Wall Assembly Change 0 days 0.00  007 Removal of Extra Shingle Layer 4 days 0.00  009 East wall gap between CMU and Concrete 1 day 618.06  010 RFI #20: Entry Soffit 3,770.19  014 Allowance - Additional 10% Roof Sheathing 0 days 0.00  016 Allowance - BSD7 Vapor Barrier 0.00  018 RFI #21: Roof Rake Detail 3,150.89  019 ASI #04 1,866.30  021 RFI #13: East elevation siding 4 days 4,698.56  TOTAL:($42,850.00) CHANGE ORDER LINE ITEMS:  PCO # 001 : ASI #01 - East Elevation Exterior Material Change #SubJob Cost Code Description Type Amount 1 02 Bozeman Swim CntrPH1 PRMT 2 07-4213 - SIDING - DIV 7 ASI #01 - Change PH2 exterior siding area and finish Subcontract ($56,954.00) Subtotal:($56,954.00)    Grand Total:($56,954.00) Bozeman Office page 1 of 4 Printed On: 9/5/ 2023  04 :16 PM PCCO #002 318 PCO # 004 : RFI #6: Gaps & Openings at Exterior CMU #SubJob Cost Code Description Type Amount 1 02 Bozeman Swim CntrPH1 PRMT 2 02-6300 - ASBESTOS REMEDIATION Remove Asbestos (Abatement Company)Subcontract $ 4,540.00 2 02 Bozeman Swim CntrPH1 PRMT 2 07-4213 - SIDING - DIV 7 Densglass Above Storefront Subcontract $ 0.00 3 02 Bozeman Swim CntrPH1 PRMT 2 09-2100 - GYPSUM BOARD ASSEMBLIES New Gyp at Interior Subcontract $ 3,928.50 4 02 Bozeman Swim CntrPH1 PRMT 2 09-9100 - PAINTING - NCI Paint Gyp Board Subcontract $ 598.00 5 02 Bozeman Swim CntrPH1 PRMT 2 01-2116 - CONTINGENCY Fund with Contingency Other ($9,066.50) Subtotal:$0.00 Insurance: ≈ 1.01% Applies to all line item types.0.00 Contractor's Fee: ≈ 8.01% Applies to all line item types.0.00 GRT: 1.00% Applies to all line item types.(0.00)    Grand Total:$0.00 PCO # 005 : RFI #7: Exterior Wall Assembly Change #SubJob Cost Code Description Type Amount 1 02 Bozeman Swim CntrPH1 PRMT 2 07-4213 - SIDING - DIV 7 Updated Wall Assembly per ASI #03 Subcontract $ 0.00 Subtotal:$0.00    Grand Total:$0.00 PCO # 007 : Removal of Extra Shingle Layer #SubJob Cost Code Description Type Amount 1 02 Bozeman Swim CntrPH1 PRMT 2 07-3113 - ROOFING - ACE Removal of additional roof shingle layer Subcontract $ 13,509.32 2 02 Bozeman Swim CntrPH1 PRMT 2 01-2116 - CONTINGENCY Fund with Contingency Other ($13,509.32) Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.0.00 Contractor's Fee: 8.00% Applies to all line item types.0.00 GRT: 1.00% Applies to all line item types.0.00    Grand Total:$0.00 PCO # 009 : East wall gap between CMU and Concrete #SubJob Cost Code Description Type Amount 1 02 Bozeman Swim CntrPH1 PRMT 2 07-4213 - SIDING - DIV 7 Infill East Exterior Gap at Sidewalk with Spray Foam Subcontract $ 561.00 Subtotal:$561.00 Insurance: 1.00% Applies to all line item types.5.61 Contractor's Fee: 8.00% Applies to all line item types.45.33 GRT: 1.00% Applies to all line item types.6.12    Grand Total:$618.06 PCO # 010 : RFI #20: Entry Soffit #SubJob Cost Code Description Type Amount 1 02 Bozeman Swim CntrPH1 PRMT 2 07-4213 - SIDING - DIV 7 Entry Soffit Modification per RFI #20 Subcontract $ 3,422.13 Subtotal:$3,422.13 Insurance: 1.00% Applies to all line item types.34.22 Contractor's Fee: 8.00% Applies to all line item types.276.51 GRT: 1.00% Applies to all line item types.37.33    Grand Total:$3,770.19 Bozeman Office page 2 of 4 Printed On: 9/5/ 2023  04 :16 PM PCCO #002 319 PCO # 014 : Allowance - Additional 10% Roof Sheathing #SubJob Cost Code Description Type Amount 1 02 Bozeman Swim CntrPH1 PRMT 2 07-3113 - ROOFING - ACE Additional 10% Sheathing Replacement Allowance Unallocated $ 0.00 2 02 Bozeman Swim CntrPH1 PRMT 2 01-2116 - CONTINGENCY Balance to be reallocated to Contingency Other $ 0.00 Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.0.00 Contractor's Fee: 8.00% Applies to all line item types.0.00 GRT: 1.00% Applies to all line item types.0.00    Grand Total:$0.00 PCO # 016 : Allowance - BSD7 Vapor Barrier #SubJob Cost Code Description Type Amount 1 02 Bozeman Swim CntrPH1 PRMT 2 06-1000 - ROUGH CARPENTRY Install and Remove Temporary Enclosure Labor - Salaries/Wages $ 571.20 2 02 Bozeman Swim CntrPH1 PRMT 2 06-1000 - ROUGH CARPENTRY Plastic and Tape Material $ 200.00 3 02 Bozeman Swim CntrPH1 PRMT 2 09-2100 - GYPSUM BOARD ASSEMBLIES Fur out and drywall with vapor barrier between BSD7 building and natatorium Subcontract $ 7,351.00 4 02 Bozeman Swim CntrPH1 PRMT 2 09-9100 - PAINTING - NCI Paint added drywall between BSD7 building and natatorium Subcontract $ 2,180.00 5 02 Bozeman Swim CntrPH1 PRMT 2 26-0001 - ELECTRICAL COMPLETE Relocate switches, outlets, and fire alarm Subcontract $ 1,095.00 6 02 Bozeman Swim CntrPH1 PRMT 2 07-2700 - APPLIED VAPOR BARRIER - ALLOWA Added Vapor Barrier Allowance Other ($20,700.00) 7 02 Bozeman Swim CntrPH1 PRMT 2 01-2116 - CONTINGENCY Balance to be reallocated to Contingency Other $ 9,302.80 Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.0.00 Contractor's Fee: 8.00% Applies to all line item types.0.00 GRT: 1.00% Applies to all line item types.0.00    Grand Total:$0.00 PCO # 018 : RFI #21: Roof Rake Detail #SubJob Cost Code Description Type Amount 1 02 Bozeman Swim CntrPH1 PRMT 2 07-4213 - SIDING - DIV 7 Add L metal flashing in revised detail 2/A103 Subcontract $ 2,860.00 Subtotal:$2,860.00 Insurance: 1.00% Applies to all line item types.28.60 Contractor's Fee: 8.00% Applies to all line item types.231.09 GRT: 1.00% Applies to all line item types.31.20    Grand Total:$3,150.89 PCO # 019 : ASI #04 #SubJob Cost Code Description Type Amount 1 02 Bozeman Swim CntrPH1 PRMT 2 07-4213 - SIDING - DIV 7 Base Flashing Height Change Subcontract $ 1,694.00 Subtotal:$1,694.00 Insurance: 1.00% Applies to all line item types.16.94 Contractor's Fee: 8.00% Applies to all line item types.136.88 GRT: 1.00% Applies to all line item types.18.48    Grand Total:$1,866.30 PCO # 021 : RFI #13: East elevation siding #SubJob Cost Code Description Type Amount 1 02 Bozeman Swim CntrPH1 PRMT 2 07-3113 - ROOFING - ACE Siding and roof connection per RFI 13 Subcontract $ 4,264.79 Subtotal:$4,264.79 Insurance: 1.00% Applies to all line item types.42.65 Contractor's Fee: 8.00% Applies to all line item types.344.60 GRT: 1.00% Applies to all line item types.46.52    Grand Total:$4,698.56 Bozeman Office page 3 of 4 Printed On: 9/5/ 2023  04 :16 PM PCCO #002 320 The original (Contract Sum)$ 4,747,704.67 Net change by previously authorized Change Orders $ 7,077.69 The contract sum prior to this Change Order was $ 4,754,782.36 The contract sum will be decreased by this Change Order in the amount of ($42,850.00) The new contract sum including this Change Order will be $ 4,711,932.36 The contract time will not be changed by this Change Order  Ali Vasarella (Cushing Terrell - Bozeman) City of Bozeman  Jackson Contractor Group, Inc. 411 East Main Street Suite 101  PO Box 1230  PO Box 967 Bozeman Montana 59715  Bozeman Montana 597711230  Missoula Montana 59806             ProcoreArchitectSignHere ProcoreArchitectSignedDate  ProcoreOwnerSignHere ProcoreOwnerSignedDate  ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate SIGNATURE DATE  SIGNATURE DATE  SIGNATURE DATE Bozeman Office page 4 of 4 Printed On: 9/5/ 2023  04 :16 PM PCCO #002 321 Bozeman Office 146 Laura Louise Ln Bozeman, Montana 59718 Project: 03202202  -  City of Bozeman Construction Services Contracts 20 East Olive Street Bozeman, Montana 59715 Phone:  (406) 577-2772 Phone:  406-595-8470 Fax:  (406) 587-4282 Prime Contract Change Order #003: September Approved PCOs TO:City of Bozeman PO Box 1230 Bozeman, Montana 597711230 FROM:Jackson Contractor Group, Inc. PO Box 967 Missoula Montana 59806 DATE CREATED:8/ 24 /2023 CREATED BY:Melinee Metzger (Jackson Contractor Group, Inc.) CONTRACT STATUS:Approved REVISION:0 DESIGNATED REVIEWER:Melinee Metzger (Jackson Contractor Group, Inc.) REVIEWED BY:Melinee Metzger (Jackson Contractor Group, Inc.) DUE DATE: REVIEW DATE:09/18 /2023 INVOICED DATE: PAID DATE:  SCHEDULE IMPACT:0 days EXECUTED:No  CONTRACT FOR:03202202-01:City of Bozeman Swim Center TOTAL AMOUNT:  ($2,060.00) DESCRIPTION: ATTACHMENTS: Swim Center PCO #015 EXECUTED.pdf   This proposal is based on the usual cost elements such as labor, material, and normal mark ups, and does not include any amount for changes in the sequence or work delays, disruption, rescheduling, extended overhead, acceleration and or impacts, and the right is expressly reserved to make claim for any and all of these related items of cost prior to any final settlement of the contract.   POTENTIAL CHANGE ORDERS IN THIS CHANGE ORDER: PCO #Title Schedule Impact Amount 012 Allowance - Exterior Artwork 0 days 0.00  015 Allowance - Exterior Signage 0 days 0.00  022 CE #027 - Foam Closure Credit 0 days (2,060.00)  TOTAL:($2,060.00) CHANGE ORDER LINE ITEMS:  PCO # 012 : Allowance - Exterior Artwork #SubJob Cost Code Description Type Amount 1 02 Bozeman Swim CntrPH1 PRMT 2 05-5800 - ARCHITECTURAL METAL Exterior Artwork Grid Supply and Install Subcontract $ 15,456.28 2 02 Bozeman Swim CntrPH1 PRMT 2 07-4663 - ARTWORK GRID - ALLOWANCE Exterior Artwork Grid Allowance Other ($15,000.00) 3 02 Bozeman Swim CntrPH1 PRMT 2 01-2116 - CONTINGENCY Balance to be funded from Contingency Other ($456.28) Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.0.00 Contractor's Fee: 8.00% Applies to all line item types.0.00 GRT: 1.00% Applies to all line item types.0.00    Grand Total:$0.00 Bozeman Office page 1 of 2 Printed On: 10/17/ 2023  08 :36 AM PCCO #003 322 PCO # 015 : Allowance - Exterior Signage #SubJob Cost Code Description Type Amount 1 02 Bozeman Swim CntrPH1 PRMT 2 10-1400 - SIGNAGE - ALLOWANCE Exterior Letter Signage Subcontract $ 4,856.00 2 02 Bozeman Swim CntrPH1 PRMT 2 10-1400 - SIGNAGE - ALLOWANCE Exterior Letter Signage Permit Subcontract $ 99.30 3 02 Bozeman Swim CntrPH1 PRMT 2 06-1000 - ROUGH CARPENTRY Labor to install blocking Labor - Salaries/Wages $ 1,290.00 4 02 Bozeman Swim CntrPH1 PRMT 2 06-1000 - ROUGH CARPENTRY Marine Grade Plywood + Fasteners Material $ 340.00 5 02 Bozeman Swim CntrPH1 PRMT 2 10-1400 - SIGNAGE - ALLOWANCE Signage Allowance Other ($20,000.00) 6 02 Bozeman Swim CntrPH1 PRMT 2 01-2116 - CONTINGENCY Balance of Allowance to be allocated to contingency Other $ 13,414.70 Subtotal:$0.00 Insurance: 1.00% Applies to all line item types.0.00 Contractor's Fee: 8.00% Applies to all line item types.0.00 GRT: 1.00% Applies to all line item types.0.00    Grand Total:$0.00 PCO # 022 : CE #027 - Foam Closure Credit #SubJob Cost Code Description Type Amount 1 02 Bozeman Swim CntrPH1 PRMT 2 07-4213 - SIDING - DIV 7 Credit Foam Closures at Art Grids and bottom of MS1 Subcontract ($2,060.00) Subtotal:($2,060.00) Insurance: 0.00% Applies to all line item types.0.00 Contractor's Fee: 0.00% Applies to all line item types.0.00 GRT: 0.00% Applies to all line item types.0.00    Grand Total:($2,060.00) The original (Contract Sum)$ 4,810,268.67 Net change by previously authorized Change Orders ($35,772.31) The contract sum prior to this Change Order was $ 4,774,496.36 The contract sum will be decreased by this Change Order in the amount of ($2,060.00) The new contract sum including this Change Order will be $ 4,772,436.36 The contract time will not be changed by this Change Order by 0 days  Ali Vasarella (Cushing Terrell - Bozeman) City of Bozeman  Jackson Contractor Group, Inc. 411 East Main Street Suite 101  PO Box 1230  PO Box 967 Bozeman Montana 59715  Bozeman Montana 597711230  Missoula Montana 59806             ProcoreArchitectSignHere ProcoreArchitectSignedDate  ProcoreOwnerSignHere ProcoreOwnerSignedDate  ProcoreGeneralContractorSignHere ProcoreGeneralContractorSignedDate SIGNATURE DATE  SIGNATURE DATE  SIGNATURE DATE Bozeman Office page 2 of 2 Printed On: 10/17/ 2023  08 :36 AM PCCO #003 323 Memorandum REPORT TO:City Commission FROM:Anna Saverud, Assistant City Attorney Greg Sullivan, City Attorney SUBJECT:Resolution 5552 Appointing the Belgrade City Prosecutor to Prosecute State v. Blewett (TK-23-2418 and TK-23-2419) in the Bozeman Municipal Court MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:I move to approve Resolution 5552 Appointing the Belgrade City Prosecutor to Prosecute State v. Blewett (TK-23-2418 and TK-23-2419) in the Bozeman Municipal Court. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The City Attorney's Office has identified a conflict in handling the prosecution of these matters and, pursuant to rules of professional conduct and to protect the integrity of the criminal proceedings, the Belgrade City Prosecutor has agreed to act as conflict counsel. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Attachments: Resolution 5552.pdf Report compiled on: October 25, 2023 324 Page 1 of 2 COMMISSION RESOLUTION NO. 5552 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPOINTING THE BELGRADE CITY PROSECUTOR’S OFFICE TO PROSECUTE STATE V. BLEWETT (TK-23-2418 AND TK-23-2419) IN THE BOZEMAN MUNICIPAL COURT. WHEREAS, the Bozeman City Attorney requests the Bozeman City Commission, pursuant to its authority under the Bozeman City Charter and §7-4-4605, MCA appoint Kyla Murray, the Belgrade City Prosecutor, or her designee as the prosecutor in the case(s) State v. Blewett (TK-23-2418 and TK-23-2419); and WHEREAS, the Belgrade City Prosecutor has declared it agrees to accept the appointment in these cases and does so pursuant to the authority established in this Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana that: 1. Kyla Murray, the Belgrade City Prosecutor, or her designee, is hereby appointed to act on behalf of the City of Bozeman as the State of Montana’s prosecutor in the case(s) of State v. Blewett (TK-23-2418 and TK-23-2419). This appointment is effective immediately. 2. No fee will be charged for the prosecution of this case by the Belgrade City Prosecutor’s Office, however the City of Bozeman agrees to reimburse any costs of travel at the standard rate for milage. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 14th day of November, 2023. 325 Page 2 of 2 CYNTHIA L. ANDRUS Mayor ATTEST: MIKE MAAS City Clerk APPROVED AS TO FORM: GREG SULLIVAN City Attorney 326 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Ordinance 2113, Final Adoption of the Bennett Properties Annexation Zone Map Amendment, Establishing Residential Emphasis Mixed Use Zoning on 36.980 acres and Adjacent Rights-of-Way, Application 22380 MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION: Finally adopt Ordinance 2113. 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 Commission approved Application 22380 on April 4, 2023 to annex 36.980 acres and establish an initial zoning designation of REMU (Residential Emphasis Mixed-Use District) subject to terms of annexation and contingencies for zoning. A signed annexation agreement was received on August 18, 2023. The applicant has completed all required steps and the Commission now is asked to implement the prior zoning approval. The property is adjacent and south of Stucky Road and bounded on the east by Genesis Business Park, a County in holding, and Meadow Creek phase 1 park. Gran Cielo subdivision bounds the property on the southeast side creating an extension of South 27th Avenue with additional undeveloped property on the northwest side. Considerable development is occurring in the vicinity including the Gran Cielo subdivision, Nexus Point residential development, the Graf Street development, and the West University property annexation to the north across Stucky Road. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the REMU 327 district as an implementing zoning district. Nearby municipal zoning to the south is R-4 (Residential High Density district) to the southeast, R-3 (Residential Medium Density district) to the south and southwest, and R-4 (Residential High Density district) and R-5 (Residential High Density-Mixed district) on the northwest side. The property is bordered by Stucky Road to the north (a Bozeman classified Collector street). The proposed annexation would bring in additional right of way to build out another section of Stucky Road as would be required with future development. South 27th Avenue has adequate right of way width. The property is currently hosts two residential structures being served with City sewer service which was connected through an emergency connection option the city offers. The construction of South 27th Avenue severed the septic systems from the existing homes. The Gran Cielo development had installed service adjacent to the structures. The property has a recently installed 15 inch sewer mains and 8 inch water mains (partial) running along the property to the west in South 27th Avenue and on the south side in Graf Street. In addition an existing 21 inch sewer main is in the Stucky Road ROW. Provisional adoption of Ordinance No 2113 was adopted on Tuesday, October 24, 2023. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 22380 Bennett ZMA Ordinance 2113.pdf 003 Bennett Annexation Zone Map.pdf Report compiled on: October 31, 2023 328 Ord 2113 Page 1 of 6 ORDINANCE 2113 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 36.980 AS REMU, RESIDENTIAL EMPHASIS MIXED USE DISTRICT, KNOW AS THE BENNETT PROPERTIES ZONE MAP AMENDMENT, APPLICATION 22380. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish a zoning classification of REMI (Residential Emphasis Mixed Use) for approximately 36.980 acres has been properly submitted, reviewed, and advertised; and 329 Ordinance No. 2113, Bennett Properties ZMA Page 2 of 6 WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on March 6, 2023 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 22380 the Bennett Properties Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on April 4, 2023 to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including 330 Ordinance No. 2113, Bennett Properties ZMA Page 3 of 6 accordance to the Bozeman Community Plan 2020, has found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested REMU district. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the Bennett Properties Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as REMU, Residential Emphasis Mixed Use District: An area of land comprised described as follows: An area of land being Tract 1 of C.O.S. 2632, Tract 2 of C.O.S. 2725 Tract 3 of C.O.S. 2532, located in Section 23, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County and being further described as follows: Beginning at the One-Quarter Corner between Section 14 and Section 23, being a nail in Stucky Rd; thence S 88°26'22" E, a distance of 32.86 feet, to a calculated position; thence S 88°14'14" E, a distance of 521.59 feet, to a calculated position; thence S 01°27'33" W, a distance of 1341.91 feet, to a Gaston YPC; 331 Ordinance No. 2113, Bennett Properties ZMA Page 4 of 6 thence S 00°33'35" E, a distance of 1204.27 feet, to a 5/8" rebar; thence S 26°05'50" W, a distance of 78.12 feet, to a 6" Dia. Fence Post; thence S 04°33'47" W, a distance of 23.20 feet, to an Allied Alum. Cap; thence N 88°54'58" W, a distance of 563.01 feet, to an Allied Alum. Cap; thence N 01°27'30" E, a distance of 280.46 feet, to an Allen Alum. Cap; thence N 01°27'30" E, a distance of 415.87 feet, to a 2" Dia. Alpine Alum Cap; thence along a curve concave to the west with an arc length of 173.39 feet, a radius of 300.00 feet, a delta angle of 33°06'51", a chord bearing of N 15°05'56" W, and a chord length of 170.98 feet, to a 2" Dia. Alpine Alum Cap; thence N 31°39'21" W, a distance of 101.25 feet, to a 2" Dia. Alpine Alum Cap; thence along a curve concave to the east with an arc length of 173.39 feet, a radius of 300.00 feet, a delta angle of 33°06'51", a chord bearing of N 15°05'56" W, and a chord length of 170.98 feet, to a 2" Dia. Alpine Alum Cap; thence N 01°27'30" E, a distance of 189.86 feet, to a 2" Dia. Alpine Alum Cap; thence N 01°27'30" E, a distance of 169.67 feet, to a 2" Dia. Alpine Alum Cap; thence along a curve concave to the east with an arc length of 173.39 feet, a radius of 300.00 feet, a delta angle of 33°06'51", a chord bearing of N 18°00'55" E, and a chord length of 170.98 feet, to a 2" Dia. Alpine Alum Cap; thence N 34°34'21" E, a distance of 101.25 feet, to a 2" Dia. Alpine Alum Cap; thence along a curve concave to the west with an arc length of 74.00 feet, a radius of 300.00 feet, a delta angle of 14°07'58", a chord bearing of N 27°30'22" E, and a chord length of 73.81 feet, to a 2" Dia. Alpine Alum Cap; thence along a curve concave to the west with an arc length of 99.39 feet, a radius of 300.00 feet, a delta angle of 18°58'53", a chord bearing of N 10°56'57" E, and a chord length of 98.93 feet, to a 2" Dia. Alpine Alum Cap; thence N 01°27'30" E, a distance of 765.08 feet, the Point of Beginning. Said area being 36.980 acres more or less, along with and subject to all easements of record or apparent from a visual inspection of the property. All as depicted on the BENNETT PROPERTIES Zoning Map. 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. 332 Ordinance No. 2113, Bennett Properties ZMA Page 5 of 6 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. 333 Ordinance No. 2113, Bennett Properties ZMA Page 6 of 6 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ____ day of _________, 2023. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ____ of ________________, 2023. The effective date of this ordinance is _____________, ____, 2023. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 334 N 27TH AVENUELANTERN DRSTUCKY RDGRAF STENTERPRISE BLVD S 27TH AVEAPEX LANESHEETMADISON ENGINEERING895 TECHNOLOGY BLVDBOZEMAN, MT 59718(406) 586-02621" = 0 SCALE 100' 20050100 LEGEND BENNETT ANNEXATION LEGAL DESCRIPTION: ZONE MAP C1.1ZONE MAPBENNETT ANNEXATIONBOZEMAN, MTBENNET ANNX 335 Memorandum REPORT TO:City Commission FROM:Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Ordinance 2149, Final Adoption of the Short Term Rentals Text Amendment, Application 23281 MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Ordinance 2149 final adoption, amending section 38.360.260 of the Bozeman Municipal Code related to Short Term Rentals. 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. 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 ongoing 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. The City Commission held a work session on August 8, 2023, to discuss STR data, community comparisons and policy options. 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 336 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 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 in their capacity as the Zoning Commission reviewed the ordinance and received public comments at an October 2, 2023 public hearing. The Board recommended approval of the ordinance with several amendments, which were described on page 1 of the staff report and shared with the City Commission. At an October 17, 2023 public hearing, the City Commission received further public comments and following deliberation, voted 3-1 to provisionally adopt Ordinance 2149 with one amendment to allow existing, compliant Type 3 short term rentals to continue renewing their annual hosting permit. For more details, please see the staff report and video recording for the October 17, 2023 City Commission public hearing. The attached Ordinance 2149 includes a new Section 7 to address the City Commission's instruction to allow existing compliant Type 3 short term rentals to continue renewing their annual hosting permit. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the City Commission. FISCAL EFFECTS:The proposed prohibition of new Type 3 short term rentals in all zoning districts is expected to result in a decrease in annual STR permit fee revenues. Attachments: Ordinance 2149.pdf Report compiled on: November 1, 2023 337 Page 1 of 18 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 with amendments and WHEREAS, after proper notice, the City Commission held its public hearing on October 338 Page 2 of 18 17, 2023 to receive and review all written and oral testimony on the proposed amendment to the City’s short term rental regulations. The City Commission recommended an amendment to the proposal and voted to provisionally adopt the Ordinance as amended; 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. 339 Page 3 of 18 5. On August 8, 2023, the Bozeman City Commission held another work session to discuss short 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 340 Page 4 of 18 to down payment assistance, impact fee payment, or other consideration including affordable units developed using regulatory incentives, infrastructure prioritization or assistance or a financial subsidy, may not be used as a short term rental until such time as either the lien instrument against the property in favor of the city securing the amount of such subsidy has been released and the release recorded with the Gallatin County Clerk and Recorder's Office or the expiration of an applicable affordability covenant. The prohibition on use as a short term rental under this subsection will continue until the later of a lien release or expiration of an affordability covenant. C. Definitions. For purposes of this article, the following definitions apply: 1. "Booking transaction" means any reservation or payment service provided by a hosting platform that facilitates a short term rental transaction between an owner and a transient occupant. 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. 341 Page 5 of 18 D. Short term rental classifications. Short terms rentals are classified as: 1. Type-1: A short term rental of one or more bedrooms in an owner-occupied dwelling 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 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: 342 Page 6 of 18 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 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. 343 Page 7 of 18 c. A sketch plan with a description of the short term rental, including street address, number of bedrooms, and number of off-street parking spaces available for guests' use. d. Certification the short term rental meets and will continue to meet the definition of short term rental classification (Type-1, Type-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. 344 Page 8 of 18 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: 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. 345 Page 9 of 18 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 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: 346 Page 10 of 18 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. 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. 347 Page 11 of 18 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. 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 — 348 Page 12 of 18 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 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 349 Page 13 of 18 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 — — — — — — — 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-2 350 Page 14 of 18 Personal and general service Animal shelters — — — — — — S — S S — Automobile washing establishment* — P P P S S P — P P — Daycare— Family, group, or center* P P P P3 P P P/A4 P/A4 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/A4 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 — — — — — 351 Page 15 of 18 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). 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 Legacy Type 3 Short Term Rentals. A. Requirements to continue a Type 3 short term rental. A Type 3 short term rental with an active permit operating lawfully prior to the effective date of this Ordinance, and where a Type 3 is prohibited after the effective date of this Ordinance, is eligible, subject to the requirements of this section, to receive an annual permit after the effective date of this Ordinance to operate a compliant “Legacy Type 3” short term rental. To qualify a short term rental as a Legacy Type 3, a host must comply with the following: 1. Prior to the expiration of a current Type 3 permit and on an annual basis 352 Page 16 of 18 thereafter, a host must apply to renew the annual permit, pay all applicable application fees, and be fully in compliance with the requirements of 38.360.260.A – C and 38.360.260.E – I, BMC, as amended by this Ordinance and any subsequent amendments to this chapter. 2. To continue to remain eligible to qualify for a Legacy Type 3 permit for every subsequent year, a short term rental permit cannot expire. If in any permit year the host of a Legacy Type 3 short term rental fails to renew the annual permit prior to the permit’s expiration, then, upon the expiration of the permit, the property is no longer eligible to be used as a Type 3 short term rental. 3. A person who seeks to qualify for a Legacy Type 3 short term rental who submits a complete application, pursuant to the requirements of section 38.360.260.H.2, for a Type 3 short term rental prior to the effective date of this Ordinance is eligible to be considered a Legacy Type 3 short term rental if the permit is approved, notwithstanding that the permit may be issued no longer than 180 days after the effective date of this Ordinance to allow completion of final issuance of the state tax registration number, completion of safety inspections, and approval of a health department public accommodations license. 4. If the review authority determines a current Legacy Type 3 short term rental permit is forfeited for any reason including but not limited to a change in the status of the host pursuant to 38.360.260.H.8, the property is no longer eligible to be used as a Type 3 short term rental and will forfeit its status as a Legacy Type 3 short term rental. 5. If the review authority revokes a Legacy Type 3 permit pursuant to 38.360.260.K, the property is no longer eligible to be used as a Type 3 short term rental and will no longer be considered a Legacy Type 3 short term rental. 6. Legacy Type 3 short term rental hosts are subject to all violation and enforcement provisions in 38.360.260.K, BMC. B. Conversion of a Type 3 short term rental. A Legacy Type 3 short term rental may convert to any other type of short term rental authorized by and in compliance with section 38.360.260, BMC, subject to approval of a new short term rental permit. The conversion of a Type 3 short term rental to another permissible type of short term rental extinguishes the ability for the property to ever revert to a Legacy Type 3 short term rental. C. Unlawful Type 3 short term rentals must cease operation. Type 3 short term rentals operating unlawfully after the effective date of this Ordinance are not eligible to receive an annual permit or continue operating a Type 3 short term rental and will not be eligible to operate a Legacy Type 3 short term rental. The host of any unlawfully operating short term rental is subject to the violation and enforcement provisions of 38.360.260.K. 353 Page 17 of 18 Section 8 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 9 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 10 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 11 Codification. This Ordinance shall be codified as indicated in Sections 2 through 6. Section 12 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 354 Page 18 of 18 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: MIKE MAAS City Clerk APPROVED AS TO FORM: GREG SULLIVAN City Attorney 355 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 2154, Provisional Adoption Establishing Initial Zoning Designation of R-4 on 1.06 Acres, the 1801 and 1805 Willow Way Annexation Zone Map Amendment, Application 23016 MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally Adopt Ordinance 2154 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 association annexation resolution annexes two parcels totaling approximately 1.06 acres into the City limits. This ordinance establishes an initial zoning of R-4, Residential High Density, district. The property is currently zoned 'Residential Suburban' (RS) within the county. The same RS county zoning is also to the north, west, and east. Directly south across Kagy Boulevard is zoned 'Agriculture Suburban' (AS) within the county. Nearby municipal zoning to the east, southeast, and west is R-4, Residential High Density and R-2, Residential Moderate Density with REMU, Residential Emphasis Mixed Use towards the southeast and further south of the subject site. The Future Land Use Map in 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 Willow Way to the east (a Bozeman classified local street), and Kagy Boulevard to the south, (a Bozeman classified principal arterial). The Commission held a public hearing on the request on June 6, 2023 and acted to approve the application. The applicant finalized all required terms of annexation including easements and signed the annexation agreement. The associated annexation Resolution 5550 accompanies this Ordinance on the agenda. UNRESOLVED ISSUES:None 356 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 2154 - 1801&1805 Willow Way Annexation ZMA.pdf 007 - ZMA Map.pdf Report compiled on: October 24, 2023 357 Ord 2154 Page 1 of 5 ORDINANCE 2154 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 TWO PARCELS OF APPROXIMATELY 1.06 ACRES AS R-4 (RESIDENTIAL HIGH-DENSITY DISTRICT), THE 1801 AND 1805 WILLOW WAY ANNEXATION ZONE MAP AMENDMENT, APPLICATION 23016 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 June 5, 2023, the Bozeman Community Development Board in their capacity as the Zoning Commission recommended to the Bozeman City Commission that application No. 23016, the 1801 & 1805 Willow Way Annexation Zone Map Amendment, be approved as requested by the applicant; and 358 Ordinance No. 2154, 1801 & 1805 Willow Way Annexation Zone Map Amendment Page 2 of 5 WHEREAS, after proper notice, the City Commission held its public hearing on June 6, 2023, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission 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 359 Ordinance No. 2154, 1801 & 1805 Willow Way 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. 23016 the 1801 & 1805 Willow Way 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 Those parcels described in Document Nos. 2509637 and 2542963, which together comprise Tract 7 and Tract 8, Beatty’s Subdivision, [Plat E-26], according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, except that part of said Tract 8 that was conveyed for street right of way according to Film 125, Page 385, and that part of the east 4.25 feet of Tract 11, Beatty’s Subdivision, adjacent to said Tract 7 and Tract 8, and the adjacent portions of Willow Way and West Kagy Boulevard right of ways, and located in the Southwest Quarter of Section 13, Township 2 South, Range 5 East of P.M.M., all described as follows: BEGINNING at the northwest corner of Tract 7 of said Beatty’s Subdivision; thence easterly 091˚30’00”, assumed azimuth from north, 315.62 feet along the north line of said Tract 7 and its easterly extension to the east right of way line of Willow Way; thence southwesterly 204˚15’33” azimuth 298.83 feet along said right of way line to the centerline of West Kagy Blvd; thence westerly 270˚57’39” azimuth 203.85 feet along said centerline; thence northerly 001˚24’44” azimuth 277.48 feet along the west property line and its 360 Ordinance No. 2154, 1801 & 1805 Willow Way Annexation Zone Map Amendment Page 4 of 5 southerly extension; thence easterly 091˚30’00” azimuth 4.25 feet along the westerly extension of the north line of Tract 7 to the Point of Beginning, Area of Lots = 46,173 square feet, 1.0599 acres or 4,289.6 square meters. Area of Kagy Blvd and Willow Way ROW = 24,620 square feet, 0.5652 acres or 2,287.4 meters. 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.” 361 Ordinance No. 2154, 1801 & 1805 Willow Way Annexation Zone Map Amendment Page 5 of 5 Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 14th day of November 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 28th day of November 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 362 363 Memorandum REPORT TO:City Commission FROM:Cynthia L. Andrus, Mayor SUBJECT:Proclaiming Youth Homeless Awareness Month MEETING DATE:November 14, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Proclaiming Youth Homeless Awareness Month 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:See Attached UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Attachments: National Homeless Youth Awareness Month.docx Report compiled on: October 25, 2022 364 Proclama?on to Recognize November as Na?onal Homeless Youth Awareness Month Whereas, Homelessness has a tremendous impact on children in the Galla?n Valley disrup?ng their educa?on, health, sense of safety, overall development, and their sense of support and community, and Whereas,Family Promise affiliates in Galla?n Valley and across the na?on are singularly focused on helping the most vulnerable among us children and families who are facing homelessness; and Whereas, Family Promise of Galla?n Valley s mission is to empower families experiencing housing insecuri?es to secure a safe, affordable home, a livelihood, and the chance to build a be?er future for their children, and Whereas,believing that every child deserves a home, Family Promise of Galla?n Valley staff, Board of Directors, and hundreds of volunteers empower families in making their transi?on from homelessness to sustainable independence, and Whereas,Family Promise of Galla?n Valley provides 15.7 million dollars per year in direct benefits to our community, including opportuni?es for childcare, for parents and guardians to join the workforce, offer meals, classes, and early interven?on services; and Whereas, Family Promise of Galla?n Valley con?nues to expand its programs and services to meet the needs of more children and families every year; and Whereas,Family Promise of Galla?n Valley serves hundreds of children and their families each year on the path to safe, stable housing. Now, Therefore I, Cynthia Andrus, Mayor of Bozeman, Montana, do hereby proclaim the month of November as Na?onal Homeless Youth Awareness Month And in doing so, we recognize the challenges faced by homeless youth. And encourage our community to work to ensure every young person has a safe and stable place to call home. Signed and Proclaimed this 14th day of November 2023 _________________________________ Cynthia L. Andrus Mayor, Bozeman, Montana 365