Loading...
HomeMy WebLinkAbout04-23-24 City Commission Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda D. FYI E. Commission Disclosures F. Approval of Minutes F.1 Approve the Regular Meeting Minutes from: 04-09-24 City Commission Meeting (Maas) G. Consent G.1 Authorize the Mayor to Sign Interim Appointment Agreement with Chuck Winn to Serve as THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, April 23, 2024 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to comments@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. 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 Consider the Motion: I move to approve the combined City Commission minutes as submitted. 1 Interim City Manager(Tozer) G.2 Accounts Payable Claims Review and Approval (Armstrong) G.3 Appoint a Sub-committee of Two Commissioners to Review Pledged Securities as of March 31, 2024(Clark) G.4 Authorize the City Manager to Sign a Professional Service Agreements with Elisabeth Montoya and Eric Brewer to Provide Defense Counsel Services to the Bozeman VETS Court and the BRIDGERS DUI Court(Boundy) G.5 Authorize the City Manager to Sign a Public Service Agreement with the National Alliance for Preservation Commission to conduct Historic Preservation Advisory Board training through the Commission Assistance and Mentoring Program(Rosenberg) G.6 Resolution 5591 and Resolution 5594 to Finalize General Obligation Bond Issuances, for the Purpose of Financing Improvements to the Swim Center, Lindley Center, and Bogert Pool(Hodnett) G.7 Ordinance 2159, Provisional Adoption, Rezoning Three Parcels from R-1, Residential Low Density District to R-2, Residential Moderate Density District (39.96 acres), and PLI, Public Lands and Institutions District (8.4 acres), the Jarrett Zone Map Amendment.; the Property is Located on the Northwest Corner and a Portion of the Southwest and Southeast Corner of West Graf Street and South 11th Avenue, Application 23047(Cramblet) G.8 Ordinance 2160, Provisional Adoption, Rezoning the Eastern Half of Block 1 of Minor Subdivision 494 from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use District) Containing 21.481 Acres. The South Range Crossing (North) Zone Map Amendment; the Property is Located on the Northeast Corner of the Intersection of 19th Avenue and Graf Street, Application 23059(Cramblet) H. Public Comment I. Mayoral Proclamation I.1 Mayoral Proclamation Proclaiming Arbor Day(Cunningham) J. Special Presentation J.1 Equal Pay Progress Report 2024 (Tozer) 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. 2 K. Action Items K.1 Ordinance 2155 to Revise Chapter 38 and 40 of the Bozeman Municipal Code to Include Required Water Efficient Landscape and Irrigation Performance and Design Standards(Ahlstrom/Garber) K.2 Authorize the Mayor to Sign a Letter of Support for Hidden Creek Homes (Fine) L. FYI / Discussion M. Adjournment Consider the Motion: Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23343, and move to provisionally adopt Ordinance 2155. Consider the Motion: Authorize the Mayor to Sign a Letter of Support for Hidden Creek Homes City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 3 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Chuck Winn, Assistant City Manager SUBJECT:Approve the Regular Meeting Minutes from: 04-09-24 City Commission Meeting MEETING DATE:April 23, 2024 AGENDA ITEM TYPE:Minutes RECOMMENDATION:Consider the Motion: I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerks' Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment In addition to the City Commission, many City Boards utilize the system as well. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. Users are always welcome to contact the City Clerks' Office at 406.582.2320 or email BozemanClerksDepartment@bozeman.net for assistance. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None Attachments: 04-09-24 City Commission Meeting Minutes.pdf 4 Report compiled on: April 18, 2024 5 Bozeman City Commission Meeting Minutes, April 9th, 2024 Page 1 of 5 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES April 9th, 2024 Present: Terry Cunningham, Joey Morrison, Jennifer Madgic, Christopher Coburn, Douglas Fischer Absent: None Excused: None Staff at the Dias: Acting City Manager (ACM) Chuck Winn, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A) 00:59:34 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 01:01:50 Pledge of Allegiance and a Moment of Silence C) 01:02:30 Changes to the Agenda E) 01:02:35 Public Service Announcements E.1 City Board Vacancies F) 01:03:41 FYI • Commissioner Fischer noted that the Bozeman Highschool State Swim Team won the State Championship. • Mayor Cunningham noted that the City Commission has placed on the April 16th Commission Agenda the option of Reclaiming the Guthrie Project Site Plan. • CA Sullivan advised the Commission on how to Reclaim the Guthrie Project if the Commission chooses to. • Deputy Mayor Morrison shared that the public comment period with the Public Service Commission is open through Friday the 12th. 6 Bozeman City Commission Meeting Minutes, April 9th, 2024 Page 2 of 5 • Mayor Cunningham attended a ground breaking ceremony for the Nursing program at Montana State University. • ACM Winn announced: A. The City Forestry Department was awarded a $20,000 grant from Dept of Natural Resources for tree planting and community outreach in disadvantaged neighborhoods. B. For the 30th year in a row, Bozeman has been awarded Tree City USA status. C. The City is seeking community engagement on the Consolidated Housing Plan through survey feedback at engage.bozeman.net G) Commission Disclosures There were no Disclosures. H) 01:10:27 Approval of Minutes H.1 Approve the Regular Meeting Minutes from: 09-12-23 City Commission Meeting, 03-26-24 City Commission Meeting, 02-19-23 City Commission Special Meeting, 04-11-23 City Commission Meeting, 04-18-23 City Commission Meeting, 04-25-23 City Commission Meeting 09-12-23 City Commission Meeting Minutes.pdf 03-26-24 City Commission Meeting Minutes.pdf 02-19-23 City Commission Special Meeting.pdf 04-11-23 City Commission Meeting Minutes.pdf 04-18-23 City Commission Meeting Minutes.pdf 04-25-23 City Commission Meeting Minutes.pdf 10-17-23 City Commission Meeting Minutes.pdf 01:10:29 Motion to approve the combined City Commission minutes as submitted. Joey Morrison: Motion Christopher Coburn: 2nd 01:10:37 Vote on the Motion to approve the combined City Commission minutes as submitted. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None I) 01:11:01 Consent 7 Bozeman City Commission Meeting Minutes, April 9th, 2024 Page 3 of 5 I.1 Accounts Payable Claims Review and Approval I.2 Authorize the City Manager to Sign a Notice of Award and Contract Documents, Once Received, to Treasure State Inc. for Construction of the 2024 Street Improvements Project AWARD.docx Bid Tab.pdf I.3 Authorize the City Manager to Sign a Use License Agreement with RTR Holdings II for South University District Park 22238 SUD Block 2 SP - Southwood Park - RTR Use License.docx Exhibit A South University District Phase 3 Plat.tif Exhibit B South University District Phase 2 Plat.tiff Exhibit C Southwood Park_approvedconstructiondrawings_6.23.23.pdf I.4 Authorize the City Manager to Sign an Amendment 2 to the Professional Services Agreement for Construction Oversight and Project Management of the Yellowstone Fiber Project Amendment No 2 v2.pdf I.5 Ratify the City Manager's Signature to Sign a Sixth Amendment to the Granicus Service Agreement to Align Contract Term with the Fiscal Year 6th Amendment with Granicus LLC.pdf I.6 Resolution 5592 Intent to Create a Special Improvement Lighting District 782 for Aaker Subdivision Resolution 5592-Intent to Create SILD 782.docx Exhibit A.pdf Exhibit B.pdf I.7 Ordinance 2140, Final Adoption, Establishing a Zoning Designation of R-3, Residential Moderate Density District, in Association with the Annexation of 2.552 Acres, the Walker Subdivision Lot 5, Block 1 Annexation; Property is Located on the North Side of Campbell Road Between Gibson and Kean Drives, Application 22125 22125 Walker Sub ZMA Ordinance 2140.pdf 011 ZMA Exhibit.pdf ACM Winn presented Consent Highlights 01:12:32 Public Comment on Consent There was no Public Comment on Consent 01:12:51 Motion to approve Consent Items 1-7 as submitted. Christopher Coburn: Motion Jennifer Madgic: 2nd 01:12:59 Vote on the Motion to approve Consent Items 1-7 as submitted. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer 8 Bozeman City Commission Meeting Minutes, April 9th, 2024 Page 4 of 5 Disapprove: None J) 01:13:17 Public Comment There was no Public Comment K) 01:14:26 Action Items K.1 Ordinance 2159 Prohibition of Parking in Bike Lanes Ordinance 2159 Prohibiting Parking in Bike Lanes.pdf ACM Winn presented Action Items 01:14:53 Staff Presentation Director of Transportation and Engineering Nick Ross presented Ordinance 2159, Proposed Code Revision, Staff Justification, City Strategy: Policy, Physical, Policing. Transportation Board. Questions for Staff Questions of Staff 01:33:50 Public Comment on Action Item There was no Public Comment on the Action Item. 01:34:15 Motion to approve Ordinance 2159 Prohibiting Parking in Bicycle Lanes and Bicycle Paths and setting penalties for violation. Lanes Jennifer Madgic: Motion Joey Morrison: 2nd Discussion 01:41:08 Vote on the Motion to approve Ordinance 2159 Prohibiting Parking in Bicycle Lanes and Bicycle Paths and setting penalties for violation. Lanes The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None L) 01:41:34 FYI / Discussion 9 Bozeman City Commission Meeting Minutes, April 9th, 2024 Page 5 of 5 M) 01:42:13 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on April 23, 2024 10 Memorandum REPORT TO:City Commission FROM:Cassandra Tozer, Human Resources Director SUBJECT:Authorize the Mayor to Sign Interim Appointment Agreement with Chuck Winn to Serve as Interim City Manager MEETING DATE:April 23, 2024 AGENDA ITEM TYPE:Administration RECOMMENDATION:Authorize the Mayor to sign Interim Appointment Agreement with Chuck Winn to serve as Interim City Manager, effective April 24, 2024. 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 City Manager position is currently vacant. Chuck Winn, Assistant City Manager, was appointed as Acting City Manager, effective February 6, 2024 following the departure of the former City Manager. Mr. Winn has agreed to serve as the Interim City Manager until such time the City Commission appoints a permanent City Manager. If the Commission desires, the Interim Appointment Agreement would become effective April 24, 2024. The Agreement reflects a total compensation package similar to what was provided to the former City Manager. UNRESOLVED ISSUES:None identified. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:The City will compensate Mr. Winn in accordance with the terms and conditions specified in the attached agreement, the cost of which has been included in the FY24 budget. Attachments: Chuck Winn Interim Appointment Agreement Final 4 16 24.pdf Report compiled on: April 16, 2024 11 Chuck Winn Interim Appointment Agreement 2024 Page 1 of 8 INTERIM APPOINTMENT AGREEMENT EFFECTIVE DATE: This Agreement is dated as of April 24, 2024 (the “Effective Date”) PARTIES: EMPLOYER City of Bozeman 121 North Rouse Avenue Bozeman, MT 59715 EMPLOYEE Chuck Winn 1015 Mary Road Bozeman, MT 59718 RECITAL Employer has extended an offer of interim appointment to Employee subject to the terms and conditions set forth in this Agreement. Employee expressly acknowledges the temporary nature of the appointment and accepts the interim appointment to the position of Interim City Manager on the terms, covenants, and conditions set forth in this Agreement. Employer recognizes Employee is currently employed by Employer as Assistant City Manager and serves as Acting City Manager under appointment by the Bozeman City Commission. The purpose of this Agreement is to establish the terms and conditions of the employment relationship between Employer and Employee during the period which Employee is appointed by Employer to serve as Interim City Manager. AGREEMENT In consideration of the foregoing recitals and the covenants and promises contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, during the term of this Agreement, Employer and Employee agree as follows: ARTICLE I. DEFINITIONS AND INTERPRETATION 1.1 Definitions. As used in this Agreement, the following terms shall have the following meanings: “Cause” shall mean (1) misconduct, negligence, or any gross omission by Employee; (2) an act or acts of dishonesty by Employee involving the Employer; (3) conduct of Employee which is materially injurious to the Employer, monetarily or otherwise; (4) commission by Employee of a criminal offense that, if committed in the State of Montana, would have constituted a felony under the laws of the State of Montana or the United States; or (5) failure to meet the functions 12 Chuck Winn Interim Appointment Agreement 2024 Page 2 of 8 and duties specified by Section 3.04 of the City Charter, the Bozeman Municipal Code, state law and the job description. 1.2 Interpretation. Unless a clear contrary intention appears, as used in this Agreement (a) the singular includes the plural and vice versa, (b) reference to any document means such document as amended from time to time, (c) “include” and “including” means including without limiting the generality of any description preceding such term, (d) the word “or” is not exclusive, unless otherwise expressly stated, (e) the terms “hereof,” “herein,” “hereby,” and derivative or similar words refer to this entire Agreement, and (f) headings are for convenience only and do not constitute a part of this Agreement. ARTICLE II. DUTIES AND AUTHORITY. Employer agrees to appoint Employee on a temporary basis to the position of Interim City Manager to perform the functions and duties specified by Section 3.04 of the Bozeman City Charter, the Bozeman Municipal Code, Montana state law and the City Manager class specification, and to perform other legally permissible and proper duties and functions of the position. ARTICLE III. FULL-TIME BEST EFFORTS. Employee shall devote Employee’s full professional time and attention to the performance of Employee’s obligations under this Agreement, and shall at all times faithfully, industriously, and to the best of Employee’s ability, experience, and talent perform all of Employee’s obligations under this Agreement. Until this Agreement is terminated, Employee shall not be employed or engaged by any other person or firm other than Employer unless otherwise authorized in writing by Employer. ARTICLE IV. TERM AND TERMINATION. 4.1 Term. The term of this Agreement and the Employee’s appointment as Interim City Manager shall begin at 8:00am on April 24, 2024. Upon the Employer’s hiring an individual to serve as a City Manager in a non-interim capacity (the Permanent City Manager), Employer shall provide Employee written notice of the Permanent City Manager’s start date. The term of this Agreement shall end on the Permanent City Manager’s start date or no later than seven (7) days thereafter if requested by the Mayor to facilitate transition of authority to the Permanent City Manager; if so, during the transition period the Employee shall receive compensation pursuant to Article V and Business Expenses pursuant to Article VI but shall have no authority to act as the Permanent City Manager under Article II. 4.2 Termination. Notwithstanding Section 4.1: (a) This Agreement and the Employee’s appointment shall terminate immediately upon Employee’s death. 13 Chuck Winn Interim Appointment Agreement 2024 Page 3 of 8 (b) This Agreement and the Employee’s appointment shall terminate immediately upon the Employer ceasing to conduct its business. (c) Employer may terminate this Agreement: (i) Upon 30 days prior written notice for any legitimate business reason; (ii) Upon written notice if Employee is in material breach of any provision of this Agreement, and fails to cure the breach with 30 days of the date of the Employer’s written notice; or (iii) Immediately upon a showing of Cause, as defined in Article I. (d) Employee may terminate this Agreement: (i) Upon 30 days’ written notice to Employer; or (ii) Immediately if the Employer, citizens, or legislature acts to amend any provisions of the Bozeman Municipal Code and/or City Charter pertaining to the City Manager’s role, powers, duties, authority, or responsibilities that substantially changes the City of Bozeman’s form of government. (e) Independent of and in addition to 4.2(a), (b), and (c), above, this Agreement shall terminate automatically: (i) Upon expiration of the term under Section 4.1; (ii) If the majority of the governing body adopts a final resolution to remove the Employee at a duly authorized public meeting consistent with the provisions of Section 3.02 of the City Charter; or (iii) If the City Commission requests the Employee to resign from the appointment as Interim City Manager under Section 3.02 of the City Charter and the Employee resigns in writing. (f) Upon termination of Employee’s appointment under this Agreement, Employer shall have no further obligation to Employee except as specifically provided under this Agreement; provided, however, that: (i) Termination of Employee’s appointment shall not affect Employee’s right to receive accrued but unpaid salary and other benefits through the final date of assignment as Interim City Manager; (ii) Employee shall have the ability to be reinstated into Employee’s position as Assistant City Manager pursuant to (g), below. 14 Chuck Winn Interim Appointment Agreement 2024 Page 4 of 8 (g) Reinstatement as Assistant City Manager. (i) Notwithstanding any other provision of this Agreement, Employer recognizes Employee is currently employed by the Employer as Acting City Manager and prior to appointment as Acting City Manager Employee was employed by Employer as Assistant City Manager. If this Agreement is terminated for any reason Employee shall automatically return to the position of Assistant City Manager. (ii) Upon reinstatement to the position of Assistant City Manager, Employee shall no longer be responsible for, or have the authority to act upon, the authority provided in Article II. (iii) In the event Employee returns to the position of Assistant City Manager, Employee’s compensation and benefits shall return to the compensation and benefits previously received as Assistant City Manager, subject to any salary or other compensation increases Employee would have otherwise been entitled to had Employee remained in the position of Assistant City Manager. Any compensation and benefits Employee receives as Interim City Manager shall terminate upon Employee returning to the position of Assistant City Manager. (iv) During the term of this agreement, while Employee is serving in the position of Interim City Manager, one of the two positions of Assistant City Manager shall remain vacant and neither Employer or Employee may appoint or hire a person to fill one of the two positions of Assistant City Manager. Employee may, however, appoint a person to the position of Acting or Interim Assistant City Manager under the condition that such appointment must be temporary in nature and any appointment must terminate upon the Employee’s return to the position of Assistant City Manager. ARTICLE V. COMPENSATION 5.1 Base Salary. Employer shall pay Employee $21,478.08 per month (the “Salary”), payable in installments as part of the City’s regular payroll process. During the term of this Agreement, Employee’s current compensation for Acting City Manager and Assistant City Manager shall be suspended and the provisions of this Agreement shall control. With a performance evaluation, in accordance with section 6.3, Employer may review the Employee’s base salary on or about January 1st of each year in which this Agreement remains in effect and may provide the Employee a merit wage adjustment. 5.2 Health Insurance. Employee shall remain entitled to participate in any plans, arrangement, or distributions by Employer pertaining to or in connection with any health, dental, and vision insurance which the City adopts for the employees of the City. The Employee will 15 Chuck Winn Interim Appointment Agreement 2024 Page 5 of 8 continue to be subject to all of the rules of the City’s plans providing insurance, including without limitations, rules regarding participation. 5.3 Transportation Expenses. Employer will pay Employee $562.75 per month as reimbursement for transportation related expenses. The Employee is prohibited from using City vehicles or from seeking reimbursement for transportation expenses for use of their personal vehicle. Employee shall be responsible for paying for liability, property damage, and comprehensive insurance coverage on such vehicle. Employee shall also be responsible for all expenses related, in any way, to the purchase, operation, maintenance, repair, or replacement of such vehicle. 5.4 Residency Requirement. Employer hereby authorizes Employee to reside outside the City during the term of this Agreement. Employee must remain a resident of Gallatin County. 5.5 Leave. Employee shall be entitled to continue to accrue and utilize sick leave and vacation leave as set forth in the Employer’s Employee Handbook based on Employee’s years of employment under Montana Code Annotated 2-18-612. Any leave Employee has accrued in Employee’s role as Assistant City Manager as of the date Employee is appointed as Interim City Manager shall be available for Employee to use during the term of this Agreement. 5.6 Retirement. Employee will remain eligible to participate in the same retirement program through the Montana Public Employees Retirement Administration as is provided to other employees of the City. In addition, during the term of this Agreement, the City shall contribute an amount equal to eighteen percent (18%) of the Employee’s base monthly salary as a monthly contribution to an eligible MissionSquare 401(a) deferred compensation plan. For the purposes of this section, base salary shall be calculated in the same manner as all other non-represented City employees. In addition, Employer agrees to contribute $2,000 per month, prorated daily for the time Employee is appointed pursuant to this Agreement, into an eligible MissionSquare 457 deferred compensation plan. ARTICLE VI. BUSINESS EXPENSES/HOLDING OFFICE/PERFORMANCE EVALUATION/PROFESSIONAL DEVELOPMENT 6.1 General Business Expenses. In addition to the transportation expenses provided for in Section 5.3, Employer shall reimburse Employee for any approved business-related expenses including transportation expenses as those may be related to travel outside of Gallatin County and incurred in the course of the Employee’s official duties. Such expenses may only be reimbursed pursuant to City policy in the same manner as reimbursements for other employees. The Finance Director is authorized to disburse reimbursement upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or personal affidavits reflecting such expenses. 6.2 Holding Office. Commission approval is needed before the Employee agrees to hold office in any professional, business, or civic organization. The Employee may continue to hold any office held prior to the start of this appointment. 16 Chuck Winn Interim Appointment Agreement 2024 Page 6 of 8 6.3 Performance Evaluation. The City Commission may periodically review the performance of the Employee. 6.4 Professional Development. In addition to the transportation expenses provided for in Section 5.3, the City agrees to budget for and pay for travel and subsistence expenses of Employee for short courses, institutes, and seminars that are deemed by the Commission as necessary for the Employee’s professional development and for the good of the City. 6.5 Local Civic Clubs and Organizations. The City acknowledges the value of having Employee participate and be directly involved in local civic clubs or organizations. Accordingly, the City shall pay for the reasonable membership fees and/or dues to enable the Employee to become an active member in local civic clubs or organizations. ARTICLE VII. HOURS OF WORK Employer recognizes that Employee must devote a great deal of time outside normal office hours on business for the City. To that end, Employee shall be allowed to establish an appropriate work schedule. ARTICLE VIII. INDEMNIFICATION Under Montana Code Annotated section 2-9-305, Employer will indemnify, immunize, and prove a defense to Employee if Employee is civilly sued for action taken within the scope of employment. Further, Employer agrees that notwithstanding Section 4.3(f), this obligation shall continue beyond Employee’s service to Employer as long as litigation is pending. Employer agrees to pay Employee’s reasonable consulting fees and travel expenses when Employee serves as a witness, advisor, or consultant to Employer regarding pending litigation. ARTICLE IX. BONDING Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. ARTICLE X. MISCELLANEOUS. 10.1 Governing Law. This Agreement shall be governed by the laws of the State of Montana. 10.2 Severability. The invalidity of any provision of this Agreement or portion of a provision shall not affect the validity of any other provision of this Agreement or the remaining portion of the applicable provision. 10.3 Counterparts and Facsimile Signatures. This Agreement and any amendments to this Agreement may be executed in two or more counterparts, each of which shall be deemed 17 Chuck Winn Interim Appointment Agreement 2024 Page 7 of 8 an original and all of which, taken together, shall constitute one agreement. A facsimile or electronic signature to this Agreement and any amendments to this Agreement shall be deemed an original and binding upon the party against whom enforcement is sought. 10.4 Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed effectively given: (i) upon personal delivery to the party to be notified; (ii) when sent by confirmed facsimile or electronic mail if sent during normal business hours of the recipient, if not, then on the next business day; (iii) upon receipt, if sent by registered or certified mail or nationally recognized overnight courier. All notices shall be sent to Employer or Employee at the address set forth on the first page of this Agreement, or at such other address as either party may designate by notice pursuant to this Section. 10.5 Entire Agreement. The terms of this Agreement express and constitute the entire agreement between the parties pertaining to the subject matter of this Agreement and supersede all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties. No supplement, modification, waiver or termination of this Agreement shall be binding, unless executed in writing by the party to be bound. 10.6 Assignment. This Agreement and all rights, entitlements, duties and obligations arising from it shall not be assignable in whole or in part by Employee except with the prior written consent of Employer. 10.7 Public Document. This Agreement is a public document and shall be available for inspection by the public. 10.8 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 **** 18 Chuck Winn Interim Appointment Agreement 2024 Page 8 of 8 The parties have executed this Agreement effective as the Effective Date. EMPLOYER: City of Bozeman ______________________________________ Mayor EMPLOYEE: ______________________________________ Chuck Winn 19 Memorandum REPORT TO:City Commission FROM:Nicole Armstrong, Accounts Payable Clerk Rhonda Edwards, Accounts Payable Clerk Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:April 23, 2024 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. Please provide approval for checks dated April 24, 2024. 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: March 13, 2024 20 Memorandum REPORT TO:City Commission FROM:Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT: Appoint a Sub-committee of Two Commissioners to Review Pledged Securities as of March 31, 2024 MEETING DATE:April 23, 2024 AGENDA ITEM TYPE:Finance RECOMMENDATION: Appoint Mayor Cunningham and Commissioner Madgic to review the depository bonds and pledged securities as of March 31, 2024. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: 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 21 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. Section 7-6-207 (2), MCA requires the City Commission to approve pledged securities at least quarterly. The Commission appoints two commissioners quarterly on a rotating basis. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The city is sufficiently pledged. Attachments: Depository Bonds & Securities 0324.pdf Report compiled on: April 10, 2024 22 DEPOSITORY BONDS AND SECURITIES AS OF March 31, 2024 MATURITY CUSIP NO/LOC NO. TOTAL AMOUNT US BANK All Accounts Federal Deposit Insurance Corporation-Operating Accts $ 250,000.00 LOC-FHLB Cincinnati 4/12/2024 572841 $ 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 March 31, 2024, by the banks of Bozeman and approve and accept the same. _____________________________________________ TERENCE CUNNINGHAM, Mayor _______________________________________ _______________________________________ JOEY MORRISON, Deputy Mayor CHRISTOPHER COBURN, Commissioner _______________________________________ _______________________________________ JENNIFER MADGIC, Commissioner DOUGLAS FISCHER, Commissioner 23 PLEDGED SECURITIES AND CASH IN BANK As of March 31, 2024 US BANK Total Cash on Deposit $6,309,210.25 FDIC Coverage $250,000.00 Amount Remaining $6,059,210.25 Pledges Required 104% $6,301,578.66 Actual Pledges $20,000,000.00 Over (Under) Pledged $13,698,421.34 REFERENCE: Section 7-6-207, M.C.A. 24 Memorandum REPORT TO:City Commission FROM:Renee Boundy, VETS Court Coordinator J Colleen Herrington, Municipal Court Judge SUBJECT:Authorize the City Manager to Sign a Professional Service Agreements with Elisabeth Montoya and Eric Brewer to Provide Defense Counsel Services to the Bozeman VETS Court and the BRIDGERS DUI Court MEETING DATE:April 23, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Professional Service Agreements with Elisabeth Montoya and Eric Brewer to provide defense counsel services to the Bozeman VETS Court and the BRIDGERS DUI court. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The treatment court best practices require a multi-disciplinary treatment team which guides progress through the program in a non-adversarial way. This team includes defense counsel to represent the rights of the participant in this process. These PSA's provide both the Bozeman VETS Court and the new BRIDGERS DUI Court with defense counsel services. UNRESOLVED ISSUES:none ALTERNATIVES:none FISCAL EFFECTS:There is money already budgeted for the VETS Court Counsel and the BRIDGERS Court Counsel will be entirely grant funded. No funds beyond what is budgeted and grant funds will be required. Attachments: PSA 2024.Brewer-final.docx PSA_2024.Montoya-final.docx Report compiled on: April 11, 2024 25 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 3rdday of April, 2024(“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 Eric Brewerhereinafter 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 3rd day of April, 2025, unless earlier terminated in accordance with this Agreement. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor $81.25 per hour for services outlined in the Scope of Services. Contractor will be reimbursed for up to 150 hours in a calendar year. 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, 26 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court 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 unless otherwise exempted by law. 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 27 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court 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 28 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court 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, 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 applicable 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 copy of his malpractice insurance certificate. The above amounts shall be exclusive of defense costs. If applicable, the City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. 29 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court Page 5 of 11 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. 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. 30 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court Page 6 of 11 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 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 Eric Brewer 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 31 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court Page 7 of 11 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). 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 32 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court Page 8 of 11 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 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. 33 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court Page 9 of 11 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. 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 34 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court Page 10 of 11 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 September 30, 2027. **** 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 Eric Brewer CONTRACTOR (Type Name Above) By________________________________By__________________________________ Chuck Winn, Acting City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 35 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court Page 11 of 11 Exhibit A Scope of Work Treatment Court Defense Attorneys will 1. Effectively advise each participant of their legal rights, legal options, treatment options, program conditions, and sentencing possibilities while developing a relationship with the participant that promotes the participant’s long-term best interests. 2. Participate in biweekly staffing meetings and status hearings, advocating in a non- adversarial manner for effective sanctions and incentives for program compliance or lack thereof, and promoting a sense of a unified team presence. 3. Attend BRIDGERS Leadership Meetings roughly quarterly on the 5 th Tuesdays. 4. Participate in regular cross-trainings to ensure knowledge of gender, age, and cultural issues and addiction so that he or she may apply that knowledge appropriately. 5. Review arrest warrants, affidavits, charging documents and other relevant information, and reviews all program documents including waivers and written agreements. 6. Act as a spokesperson for the BRIDGERS Court program, contributing to and participating in the education of the community, peers, colleagues, and the judiciary. 36 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 23rd day of April, 2024 (“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 Elisabeth Montoya 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 23 rd day of April, 2025, unless earlier terminated in accordance with this Agreement. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor $81.25 per hour for services outlined in the Scope of Services. Contractor will be reimbursed for up to 150 hours in a calendar year. 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, 37 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court 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 unless otherwise exempted by law. 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 38 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court 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 39 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court 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, 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 applicable 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 copy of her malpractice insurance certificate. The above amounts shall be exclusive of defense costs. If applicable, the City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. 40 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court Page 5 of 11 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. 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. 41 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court Page 6 of 11 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 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 Eric Brewer 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 42 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court Page 7 of 11 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). 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 43 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court Page 8 of 11 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 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. 44 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court Page 9 of 11 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. 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 45 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court Page 10 of 11 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 September 30, 2027. **** 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 Elisabeth Montoya CONTRACTOR (Type Name Above) By________________________________By__________________________________ Chuck Winn, Acting City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 46 Professional Services Agreement for Defense Counsel for BRIDGERS DUI Court Page 11 of 11 Exhibit A Scope of Work Treatment Court Defense Attorneys will 1. Effectively advise each participant of their legal rights, legal options, treatment options, program conditions, and sentencing possibilities while developing a relationship with the participant that promotes the participant’s long-term best interests. 2. Participate in biweekly staffing meetings and status hearings, advocating in a non- adversarial manner for effective sanctions and incentives for program compliance or lack thereof, and promoting a sense of a unified team presence. 3. Attend VETS Leadership Meetings roughly quarterly on the 5 th Tuesdays. 4. Participate in regular cross-trainings to ensure knowledge of gender, age, and cultural issues and addiction so that he or she may apply that knowledge appropriately. 5. Review arrest warrants, affidavits, charging documents and other relevant information, and reviews all program documents including waivers and written agreements. 6. Act as a spokesperson for the VETS Court program, contributing to and participating in the education of the community, peers, colleagues, and the judiciary. 47 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Associate Planner Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Authorize the City Manager to Sign a Public Service Agreement with the National Alliance for Preservation Commission to conduct Historic Preservation Advisory Board training through the Commission Assistance and Mentoring Program MEETING DATE:April 23, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Public Service Agreement with the National Alliance for Preservation Commission to conduct Historic Preservation Advisory Board training through the Commission Assistance and Mentoring Program. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:The City of Bozeman Historic Preservation Advisory Board will be participating in a training offered by the National Alliance of Preservation Commission (NAPC). The Commission Assistance and Mentoring Program (CAMP) is led by qualified preservation professionals in support of NAPC's mission to build strong local preservation programs and leaders through education, training, and advocacy. The goals of CAMP is to provide high quality, engaging and informative training to preservation related boards and commissions of all types through presentations, hands-on exercises, group discussions, networking and mentoring. The trainers will be discussing six separate topics that include the following: 1. Why Preserve, an introduction to historic preservation 2. Identifying and Designating Historic Resources 3. Preservation Planning 4. Resources of the Recent Past 5. Conservation Overlay Districts 6. Diversity, Equity, and Inclusion in Historic Preservation This training comes as an opportune moment as the City and HPAB move forward with the Local Landmark Program. It will take place on Saturday, May 11. The training will be noticed appropriately as there will be a quorum from the Historic Preservation Advisory Board. 48 UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:The training costs $9000 and funds have been allocated to it. Attachments: CAMP Agreement_Bozeman_signed.pdf PSA_CAMPTraining_NAPC Report compiled on: April 16, 2024 49 Commission Assistance and Mentoring Program (CAMP) Service Agreement THIS AGREEMENT is entered on the last date signed below by and between (“Client”) and the National Alliance of Preservation Commissions (NAPC), with principle offices in Virginia Beach, VA. The NAPC shall perform the following services for the Client: 1.Scope of Services. NAPC will perform a 1-day CAMP with the services as outlined in Appendix A, for the fixed price of nine-thousand dollars ($9,000) for up to thirty (30) participants (excluding host staff members).Each additional participant will be charged at a rate of twenty-five dollars ($25) per individual. Included in this fee are: all training materials, speaker expenses (honoraria, travel, lodging, and per diem), and a one-year complimentary membership for all CAMP participants. 2.Term and Location. The 1-day CAMP will be held on , in , Date City State 3.No Intellectual Property Rights. No rights or obligations of any kind other than those expressly recited herein are granted to either party or implied by this Agreement. Nothing herein constitutes a license or other transfer of intellectual property rights by either party. 4.Independent Contractor. NAPC will act as an independent contractor. Services are not joint or cooperative work. 5.This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings. Modifications and amendments to this agreement, including any exhibit or appendix, shall be enforceable only if they are in writing and are signed by authorized representatives of both parties. 6.Cancellation Policy. In the event of cancellation fewer than sixty days prior to the event, client will be responsible for payment of all costs incurred by NAPC. In the event of a trainer cancellation, NAPC reserves the right to replace the trainer with an equally qualified candidate. 7.Payment Policy. Payment is due on the day of completion of CAMP for services rendered. Overdue invoices may result in a 2% fee after 30 days. CAMP is a program of the National Alliance of Preservation Commissions PO Box 1011 Virginia Beach, VA 23451 (Phone) 757.802.4141 director@napcommissions.org http://napcommissions.org 50 Appendix A Scope of Services The National Alliance for Preservation Commissions (NAPC) will conduct a one-day Commission Assistance Mentoring Program (CAMP) for (“Client”) This workshop will cover the following topics, as selected by the Client after consultation with NAPC staff: Topic 1: Topic 2: Topic 3: Topic 4: Topic 5: _________________________________________________________ Topic 6: _________________________________________________________ NAPC will: 1.Provide expert trainers who will conduct the CAMP covering the topics listed above; 2.Provide a training manual for each participant in digital format; 3.Coordinate all speaker travel including: flights, rental cars, and other ground transportation as needed; 4.Provide all CAMP materials including, but not limited to: agendas, speaker bios, and evaluation forms; 5.Provide applicable continuing education credits, forms, and logos for promotional uses; 6.Submit an invoice to the client upon receipt of the signed Agreement. CAMP is a program of the National Alliance of Preservation Commissions PO Box 1011 Virginia Beach, VA 23451 (Phone) 757.802.4141 director@napcommissions.org http://napcommissions.org 51 Appendix B Client Responsibilities The Client will: 1.Provide suggestions for lodging arrangements for all speakers; 2.Secure appropriate training site venue (the training room should be of sufficient size to accommodate speakers and participants comfortably, and be darkened for presentations. Participants will need adequate table seating for taking notes and workshop exercises); 3.Provide the following audiovisual equipment and materials: •LCD projector and screen •Laptop computer •Microphone or other audio aides, as required by room size •Slide advancer •Other materials as requested by NAPC staff 4.Provide the following local and/or state preservation documentation to NAPC staff: •State Enabling Legislation for local commissions or review boards •State Open Meetings (Sunshine) law •State and/or local Conflict of Interest/Ethics legislation •Local preservation ordinances for the commissions participating in the CAMP •Commission standards, design guidelines, and bylaws for the commissions participating in the CAMP 5.Provide NAPC staff with a list of all registered attendees for the CAMP, including contact information, within seven (7) days prior to the event; 6.Be responsible for the production and distribution all CAMP promotional materials; 7.Provide light refreshments (i.e. beverages, snacks) for break periods; 8.Provide lunch and/or recommendations to restaurants within walking distance. (We highly encourage providing lunch for groups over 15 as it can be difficult to get attendees back to the meeting location in time or if there are limited restaurant options. CAMP is a program of the National Alliance of Preservation Commissions PO Box 1011 Virginia Beach, VA 23451 (Phone) 757.802.4141 director@napcommissions.org http://napcommissions.org 52 Client NAPC Client Name: Name: Stephanie Paul Contact Person: Title: Executive Director Title: Signature: Address: Date: Telephone: Email: Signature: Date: CAMP is a program of the National Alliance of Preservation Commissions PO Box 1011 | Virginia Beach, VA | 23451 | 757.802.4141 | director@napcommissions.org | http://napcommissions.org 53 Professional Services Agreement for the Commission Assistance and Mentoring Program Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 2024 (“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, the National Alliance of Preservation Commission (NAPC), PO Box 1011, Virginia Beach, VA 23451, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services and Schedule attached hereto as 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 31, May 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. Contactor may bill for work on a monthly basis in any month when a project task has been completed. Contractor invoices are to be paid within 30 days of receipt of invoice. 54 Professional Services Agreement for the Commission Assistance and Mentoring Program Page 2 of 12 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. 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. 55 Professional Services Agreement for the Commission Assistance and Mentoring Program Page 3 of 12 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 56 Professional Services Agreement for the Commission Assistance and Mentoring Program 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. 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. 57 Professional Services Agreement for the Commission Assistance and Mentoring Program Page 5 of 12 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. Termination for Contractor’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the Contractor, make it advisable to the Contractor to cease performance under this Agreement, the Contactor may terminate this Agreement by written notice to City. The City will pay for any completed task within the Scope of Services that is delivered to the City. Payment for any completed task will be made within 30 days of the contractor’s invoice for the completed work. The City is not obligated to pay any compensation for partially completed or uncompleted tasks. 11. 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. In the event the City wants to assert a claim for damages of any kind or nature, the City shall provide the Contractor 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 the City fails to provide such notice, City shall waive all rights to assert such claim. 58 Professional Services Agreement for the Commission Assistance and Mentoring Program Page 6 of 12 12. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Sarah Rosenberg, Historic Preservation Officer, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative 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 Marie Snyder, 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. 13. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 59 Professional Services Agreement for the Commission Assistance and Mentoring Program Page 7 of 12 14 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. As affirmed in Attachment B the Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and 60 Professional Services Agreement for the Commission Assistance and Mentoring Program Page 8 of 12 related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 61 Professional Services Agreement for the Commission Assistance and Mentoring Program Page 9 of 12 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part 62 Professional Services Agreement for the Commission Assistance and Mentoring Program Page 10 of 12 thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than May 31, 2024. **** 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 National Alliance of Preservation Commissions CONTRACTOR By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 63 Professional Services Agreement for the Commission Assistance and Mentoring Program Page 11 of 12 Attachment A - SCOPE OF SERVICES AND SCHEDULE Background The National Alliance of Preservation Commission (NAPC) offers a Commission Assistance and Mentoring Program (CAMP). CAMP is led by qualified preservation professionals in support of NAPC’s mission to build strong local preservation programs. The goals of CAMP training are to provide high quality, engaging and informative training to preservation related boards and commissions of all types through presentations, hands-on exercises, group discussions, networking and mentoring via live or virtual training. To coincide with the Bozeman Local Landmark Program work that is currently being conducted, this CAMP training will help enable the Historic Preservation Advisory Board to be better informed and educated in different topics and current trends that will apply to the project. The result will then assist them in making informed comments and decisions both during the project timeline and after it concludes. Training Details The training will take place on Saturday, May 11. Six topics will be presented on: 1. Topic 1 – Why Preserve? An Introduction to Historic Preservation: Discusses what preservation is and why it is so important to the growth and health of our communities. 2. Topic 2 – Preservation Planning: Discusses preservation plans and how they are an effective tool to establish meaningful goals along with covering the essential elements of preservation planning and how to integrate preservation as a broader planning effort. 3. Topic 3 – Identifying and Designating Historic Resources: Discusses local and National Register designation and documentation of historic resources. 4. Topic 4 – Resources of the Recent Past: Discusses how construction from the 1950s-1980s can be eligible for designation. 5. Topic 5 – Diversity, Equity, and Inclusion in Local Preservation: Discusses how increasing aspects of diversity and equity is needed to make preservation a more inclusive field. 6. Topic 6 – Conservation Overlay District: Discusses what conservation overlay districts are and how they can be an effective tool in planning and historic preservation. Budget The total costs for this training is $9000 and includes: - Pre-CAMP planning meeting with trainers - Trainer travel and honorarium - CAMP Training Manual - 1-year NAPC membership for host and all first time CAMPers - Continuing education credits - Certificate of completion The training covers up to 30 attendees. 64 Professional Services Agreement for the Commission Assistance and Mentoring Program Page 12 of 12 Attachment B – Nondiscrimination and Equal Pay Affirmation ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 65 Memorandum REPORT TO:City Commission FROM:Melissa Hodnett, Finance Director SUBJECT:Resolution 5591 and Resolution 5594 to Finalize General Obligation Bond Issuances, for the Purpose of Financing Improvements to the Swim Center, Lindley Center, and Bogert Pool MEETING DATE:April 23, 2024 AGENDA ITEM TYPE:Finance RECOMMENDATION:Approve Resolution 5591 and 5594. 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:On November 2, 2021, City of Bozeman voters authorized this Commission to sell and issue general obligation bonds of the City in the aggregate principal amount not to exceed $2,280,000 for the purpose of paying the costs of designing, constructing, equipping and furnishing improvements to: the Bozeman Swim Center to include replacing perimeter drain tiles (gutter system), deck tiles, and ceiling tiles, repairing the plaster shell, and replacing the HVAC system; the Bogert Pool to include replacing the concrete coping around the pool and the concrete gutter system, re-plastering the shell, repairing the concrete deck, and replacing the perimeter wall/fence; and the Lindley Center to include upgrading restrooms to meet current Americans with Disabilities Act requirements, replacing windows and log siding, upgrading the kitchen, insulating the east roof, installing floor and roof supports, improving the parking lot and related site improvements (the “Initial Improvements”); and costs associated with the sale and issuance of the bonds. In its engineering in advance of making the Initial Improvements, the City has determined that the Bozeman Swim Center, Bogert Pool and Lindley Center each require improvements and renovations in addition to the Initial Improvements (collectively, the “Additional Improvements”). On March 19, 2024, the City Commission approved Resolution 5590 authorizing the public sale of up to $2,280,000 in principal amount of general obligation bonds (the “Series 2024A Bonds”) and up to $3,930,000 in principal amount of limited tax general obligation bonds for the purposes of the improvements (the “Series 2024B Bonds”). The resolution also designated the City Manager and Finance Director as the Pricing Committee 66 to award the sale of each series of bonds within certain parameters. On Tuesday, April 16, 2024, eight bids were received for the unlimited general obligation bond, and seven bids received for the limited tax general obligation bond. The Pricing Committee awarded the sale of each series of bonds to the bidder with the lowest true interest cost (TIC) of approximately 3.6% and within the parameters set in Resolution 5590. The approval of Resolutions 5591 and 5594 are final authorization of the execution and delivery of the bonds by the City Commission . UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the City Commission in Resolution 5590. FISCAL EFFECTS:The bonds received an AA1 credit rating through Moody's Investor Services, reflecting the City's strong local economy that continues to experience growth and tax base expansion. AA1 is the second highest rating possible for a municipality and helped drive competitive bids and favorable interest rates. Attachments: LTGO Bond Resolution (2024B)-FINAL.docx Bond Resolution (GO Bonds 2024A)-FINAL.docx Report compiled on: March 7, 2024 67 Resolution No. 5594,Authorizing the Execution and Delivery of $3,930,000 Limited Tax General Obligation Bonds, Series 2024B RESOLUTION NO. 5594 RESOLUTION RELATING TO $3,930,000 LIMITED TAX GENERAL OBLIGATION BONDS, SERIES 2024B; DETERMINING THE FORM AND DETAILS, AUTHORIZING THE EXECUTION AND DELIVERY AND MAKING APPROPRIATIONS FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Commission (the “Commission”) of City of Bozeman, Montana (the “City”), as follows: Section 1 Authorization and Sale; Recitals. 1.01. Authorization. Pursuant to Montana Code Annotated, Section 7-7-4104, as amended (the “Act”), the City is authorized to issue general obligations not secured by its taxing power without submitting the question of incurring the indebtedness to the electors upon the satisfaction of certain conditions, including: (1) the principal amount of the obligation may not exceed 10% of the general fund budget of the municipality in each of the two preceding fiscal years; (2) at the time the obligation is incurred, the debt service in the current or any future fiscal year on the obligation and any other outstanding obligation issued pursuant to the Act does not exceed 2% of the revenues deposited in the general fund of the municipality in each of the two immediately preceding years; and (3) the term of the obligation does not exceed 20 years. The City has determined that it is in the best interests of the City to issue a series of limited tax general obligation bonds to finance or reimburse the City for costs of designing, constructing, equipping and furnishing certain improvements and renovations to the Bozeman Swim Center, Bogert Pool and Lindley Center (the “2024B Project”) and to pay costs of issuance of the bonds. 68 2 In addition, the City has determined to sell and issue simultaneously herewith a series of general obligation bonds (the “Series 2024A Bonds”) of the City to finance or reimburse the City for costs of designing, constructing, equipping and furnishing additional improvements to the Bozeman Swim Center, the Bogert Pool, and the Lindley Center, and to pay costs associated with the sale and issuance of the Series 2024A Bonds. 1.02. Sale. Pursuant to Resolution No. 5590, adopted by the Commission on March 19, 2024, the City authorized and provided for the sale and issuance of limited tax general obligation bonds of the City, to be denominated “Limited Tax General Obligation Bonds, Series 2024B” (the “Series 2024B Bonds”), at a public competitive sale. Pursuant to such authorization, on April 16, 2024, the Cityawarded the sale of the Series 2024B Bonds to D.A. Davidson & Co. (the “Original Purchaser”), based on its bid to purchase the Series 2024B Bonds in the aggregate principal amount of $3,930,000.00 at a purchase price of $4,129,408.75 (reflecting an underwriter’s discount of $18,558.00 and original issue premium of $217,966.75), the Series 2024B Bonds to bear interest at the rates and mature on the dates and in the amounts and contain the further terms and conditions set forth in this resolution. The sale of the Series 2024B Bonds to the Original Purchaser is hereby ratified and confirmed. 1.03. Findings. (a) The principal amount of the Series 2024B Bonds ($3,930,000) does not exceed 10% of general fund budget of the City for the immediately two preceding fiscal years. The City’s general fund budget for the fiscal years ended June 30, 2022 and 2023 was $39,306,358 (10% equals $3,930,636) and $46,726,481 (10% equals $4,672,648), respectively. (b) As set forth on Exhibit A hereto, the debt service in the current or any future fiscal year on the Series 2024B Bonds and the debt service in the current or any future fiscal year on all other outstanding obligations of the City issued pursuant to the Act is equal to $414,772.52, which does not exceed 2% of the revenues deposited in the general fund of the City in each of the two immediately preceding fiscal years. Revenues deposited in the general fund of the City for the fiscal years ended June 30, 2022 and 2023 were $32,954,190 (2% equals $659,084) and $43,234,377 (2% equals $864,688), respectively. 69 3 (c) The indebtedness to be evidenced by the Series 2024B Bonds and all other outstanding obligations of the City issued pursuant to the Act does not exceed the limitations set forth in Section 7-7-4104 of the Act. 1.04. Recitals. All acts, conditions and things required by the Constitution and laws of the State of Montana, including the Act, in order to make the Series 2024B Bonds valid and binding general obligations of the City in accordance with their terms and in accordance with the terms of this Resolution have been done, do exist, have happened and have been performed in regular and due form, time and manner as so required. The City has full power and authority to issue the Series 2024B Bonds. Section 2 Bond Terms, Execution and Delivery. 2.01. Terms of Bonds. The Series 2024B Bonds shall be issued in the principal amount of $3,930,000 and shall be in the denomination of $5,000 each or any integral multiple thereof of single maturities. The Series 2024B Bonds shall mature on July 1 in the years and amounts listed below, and Series 2024B Bonds maturing in such years and amounts shall bear interest from the date of original issue until paid or duly called for redemption (including mandatory sinking fund redemption as to the term bonds maturing in 2036, 2041, and 2043) at the rate per annum shown opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 2025 $ 95,000 5.000%2033 $170,000 5.000% 2026 120,000 5.000 2036*560,000 4.000 2027 125,000 5.000 2037 200,000 4.000 2028 135,000 5.000 2038 210,000 4.000 2029 140,000 5.000 2039 220,000 4.000 2030 145,000 5.000 2041*715,000 4.000 2031 155,000 5.000 2043*775,000 4.000 2032 165,000 5.000 *Term bonds subject to mandatory sinking fund redemption as set forth in Section 2.07 below. Interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. 70 4 2.02. Registered Form, Interest Payment Dates. The Series 2024B Bonds shall be issuable only in fully registered form, and the ownership of the Series 2024B Bonds shall be transferred only upon the bond register of the City hereinafter described. The interest on the Series 2024B Bonds shall be payable on January 1 and July 1 in each year, commencing January 1, 2025. Interest on the Series 2024B Bonds shall be payable to the owners of record thereof as such appear on the bond register as of the close of business on the 15th day of the month immediately preceding each interest payment date, whether or not such day is a business day. Interest on, and upon presentation and surrender thereof, the principal of each Series 2024B Bond shall be payable by check or draft issued by or drawn on the Registrar described herein or, as appropriate, by wire transfer. 2.03. Dated Date. Each Series 2024B Bond shall be originally dated as of May [16], 2024, and upon authentication of any Series 2024B Bond the Registrar (as hereinafter defined) shall indicate thereon the date of such authentication. 2.04. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal office a bond register in which the Registrar shall provide for the registration of ownership of Series 2024B Bonds and the registration of transfers and exchanges of Series 2024B Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender to the Registrar for transfer of any Series 2024B Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Series 2024B Bonds of the same series of a like aggregate principal amount and maturity, as the case may be, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer of any Series 2024B Bond or portion thereof selected or called for redemption. 71 5 (c) Exchange of Bonds. Whenever any Series 2024B Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Series 2024B Bonds of the same series of a like aggregate principal amount, interest rate and maturity, as requested by the registered owner or the owner’s attorney in writing. (d) Cancellation. All Series 2024B Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Series 2024B Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Series 2024B Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Series 2024B Bond is at any time registered in the bond register as the absolute owner of such Series 2024B Bond, whether such Series 2024B Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Series 2024B Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner’s order shall be valid and effectual to satisfy and discharge the liability of the City upon such Series 2024B Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Series 2024B Bonds (except for an exchange upon the partial redemption of a Series 2024B Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Series 2024B Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new 72 6 Series 2024B Bond of the same series of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Series 2024B Bond or in lieu of and in substitution for any such Series 2024B Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Series 2024B Bond lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Series 2024B Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Series 2024B Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Series 2024B Bond has already matured or such Series 2024B Bond has been called for redemption in accordance with its terms, it shall not be necessary to issue a new Series 2024B Bond prior to payment. 2.05. Appointment of Initial Registrar. The City hereby appoints U.S. Bank Trust Company, National Association, in Salt Lake City, Utah, to act as registrar, transfer agent and paying agent (the “Registrar”). The City reserves the right to appoint a successor bond registrar, transfer agent and paying agent, as authorized by the Model Public Obligations Registration Act of Montana, Montana Code Annotated, Title 17, Chapter 5, Part 11, as amended (the “Registration Act”), but the City agrees to pay the reasonable and customary charges of the Registrar for the services performed. 2.06. Optional Redemption. (a) Series 2024B Bonds with stated maturities in the years 2025 through 2033 are not subject to optional redemption prior to their stated maturities. Series 2024B Bonds with stated maturities on or after July 1, 2036are subject to redemption on July 1, 2033and any date thereafter, at the option of the City, in whole or in part, and if in part from such stated maturities and in such principal amounts as the City may designate in writing to the Registrar (or, if no designation is made, in inverse order of maturities and within a maturity in $5,000 principal amounts selected by 73 7 the Registrar by lot or other manner as directed by the City), at a redemption price equal to the principal amount thereof and interest accrued to the redemption date, without premium. (b) The date of redemption and the principal amount of the Series 2024B Bonds to be redeemed shall be fixed by the City Manager who shall give notice thereof to the Registrar at least 45 days prior to the redemption date. At least thirty days prior to the designated redemption date, the Registrar shall cause notice of redemption to be mailed, by first class mail, or by other means required by the securities depository, to the registered owners of each Series 2024B Bond to be redeemed at their addresses as they appear on the bond register described in Section 2.04, but no defect in or failure to give such notice shall affect the validity of proceedings for the redemption of any Series 2024B Bond not affected by such defect or failure. The notice of redemption shall specify the redemption date, redemption price, the numbers, interest rates, CUSIP numbers, and the maturity date of the Series 2024B Bonds or portions thereof to be redeemed and the place at which the Series 2024B Bonds are to be surrendered for payment. Official notice of redemption having been given as aforesaid, the Series 2024B Bonds or portions thereof so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Series 2024B Bonds or portions thereof shall cease to bear interest. 2.07. Mandatory Sinking Fund Redemption. The Series 2024B Bonds having stated maturities in 2036, 2041, and 2043 are subject to mandatory sinking fund redemption on July 1 in the years and the principal amounts set forth below in $5,000 principal amounts selected by the Registrar, by lot or other manner as directed by the City, at a redemption price equal to theprincipal amount thereof to be redeemed plus interest accrued to the redemption date: 2036 Term Bond 2041 Term Bond 2043 Term Bond July 1 Sinking Fund Payment Amount July 1 Sinking Fund Payment Amount July 1 Sinking Fund Payment Amount 2034 $180,000 2040 $350,000 2042 $380,000 2035 185,000 2041*365,000 2043*395,000 2036*195,000 ___________ *Stated Maturity. 74 8 If the term bonds having Stated Maturities in 2036, 2041, and 2043 are not previously purchased by the City in the open market or prepaid, $195,000 in principal amount would remain to mature in 2036 with respect to the term bond with a stated maturity date of July 1, 2036; $365,000 in principal amount would remain to mature in 2041 with respect to the term bond with a stated maturity date of July 1, 2041; and $395,000 in principal amount would remain to mature in 2043 with respect to the term bond with a stated maturity date of July 1, 2043. The principal amounts required to be redeemed on the above Sinking Fund Payment Dates shall be reduced by the amount by which such principal amounts are previously redeemed at the option of the Commission. 2.08. Execution and Delivery. The Series 2024B Bonds shall be forthwith prepared for execution under the direction of the City Clerk and shall be executed on behalf of the City by the signatures of the Mayor, the City Manager, and the City Clerk, provided that said signatures may be printed, engraved or lithographed facsimiles thereof. The seal of the City need not be imprinted on or affixed to any Series 2024B Bond. In case any officer whose signature or a facsimile of whose signature shall appear on the Series 2024B Bonds shall cease to be such officer before the delivery thereof, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. When the Series 2024B Bonds have been so executed by said City officers, they shall be registered by the City Clerk in accordance with Montana Code Annotated, Section 7-7-4257, as amended. Notwithstanding such execution, no Series 2024B Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Series 2024B Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Series 2024B Bonds need not be signed by the same representative. The executed certificate of authentication on each Series 2024B Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Series 2024B Bonds have been fully executed and authenticated, they shall be delivered by the Registrar to the Original Purchaser or as otherwise directed upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Original Purchaser shall not be obligated to see to the application of the purchase price. 2.09. Securities Depository for the Series 2024B Bonds. 75 9 (a) For purposes of this Section 2.09, the following terms shall have the following meanings: “Beneficial Owner” means, whenever used with respect to a Series 2024B Bond, the person in whose name such Series 2024B Bond is recorded as the beneficial owner of such Series 2024B Bond by a Participant on the records of such Participant, or such person’s subrogee. “Cede & Co.” means Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Series 2024B Bonds. “DTC” means The Depository Trust Company of New York, New York. “Participant” means any broker-dealer, bank or other financial institution for which DTC holds Series 2024B Bonds as securities depository. “Representation Letter” means the Blanket Issuer Letter of Representations pursuant to which the City agrees to comply with DTC’s Operational Arrangements. (b) The Series 2024B Bonds shall be initially issued as separately authenticated fully registered bonds, and one Series 2024B Bond shall be issued in the principal amount of each stated maturity of the Series 2024B Bonds. Upon initial issuance, the ownership of such Series 2024B Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Series 2024B Bonds registered in its name for the purposes of payment of the principal of or interest on the Series 2024B Bonds, selecting the Series 2024B Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Series 2024B Bonds under this Resolution, registering the transfer of Series 2024B Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any Person claiming a beneficial ownership interest in the Series 2024B 76 10 Bonds under or through DTC or any Participant, or any other Person which is not shown on the bond register as being a registered owner of any Series 2024B Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Series 2024B Bonds, with respect to any notice which is permitted or required to be given to owners of Series 2024B Bonds under this Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Series 2024B Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Series 2024B Bonds. So long as any Series 2024B Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Series 2024B Bond, and shall give all notices with respect to such Series 2024B Bond, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City’s obligations with respect to the principal of and interest on the Series 2024B Bonds to the extent of the sum or sums so paid. No Person other than DTC shall receive an authenticated Series 2024B Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Series 2024B Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines to discontinue the book-entry-only system for the Series 2024B Bonds, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Series 2024B Bonds of such series in the form of certificates. In such event, the Series 2024B Bonds of such series will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Series 2024B Bonds of one or both series at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Series 2024B Bonds of such series will be transferable in accordance with paragraph (e) hereof. 77 11 (d) The Representation Letter sets forth certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Series 2024B Bonds and Beneficial Owners and payments on the Series 2024B Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this Resolution. (e) In the event that any transfer or exchange of Series 2024B Bonds of a series is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Series 2024B Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this Resolution. In the event Series 2024B Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Series 2024B Bonds, or another securities depository as owner of all the Series 2024B Bonds, the provisions of this Resolution shall also apply to all matters relating thereto, including, without limitation, the preparation of such Series 2024B Bonds in the form of Series 2024B Bond certificates and the method of payment of principal of and interest on such Series 2024B Bonds in the form of bond certificates. 2.10. Form of Bonds. The Series 2024B Bonds shall be prepared in substantially the form set forth in Exhibit B hereto, and by this reference made a part hereof. Section 3 Security Provisions. 3.01. Project Account; Use of Proceeds. There is hereby created a special account to be designated as the “2024B Project Account” (the “Project Account”), to be held and administered by the City Manager separate and apart from all other funds and accounts of the City. The City appropriates to the Project Account the proceeds of the sale of the Series 2024B Bonds in the amount of (a) $4,129,408.75 (representing the principal amount of the Series 2024B Bonds, plus original issuepremium on the Series 2024B Bonds, less underwriter’s discount), and (b) all income derived from the investment of amounts on hand in the Project Account. The Project Account shall be used solely to defray expenses of the 2024B Project to be paid with proceeds of the Series 78 12 2024B Bonds, including costs of issuance of the Series 2024B Bonds. Upon payment of all costs and expenses of the 2024B Project to be paid with proceeds of the Series 2024B Bonds and investment earnings thereon, any amounts remaining in the Project Account shall be credited and paid to the Debt Service Account. 3.02. Debt Service Account. There is hereby created a special account to be designated as the “Debt Service Account” (the “Debt Service Account”), to be held and administered by the City Manager separate and apart from all other funds and of the City, to be used solely to pay principal of and interest on the Series 2024B Bond. The City irrevocably appropriates to the Debt Service Account (a) all funds, if any, to be transferred from the Project Account in accordance with the provisions of Section 3.01; (b) all income derived from the investment of amounts on hand in the Debt Service Account; and (c) such other money as shall be received and appropriated to the Debt Service Account from time to time. 3.03.Covenant of the City. The City hereby agrees and covenants for the benefit of the holders of the Series 2024B Bonds that it will appropriate to the payment of the Series 2024B Bonds and interest thereon, in each fiscal year during the term of the Series 2024B Bonds, an amount sufficient to pay the principal of and interest on the Series 2024B Bonds due in such fiscal year, from the general fund or other legally available funds of the City. The levy of ad valorem property taxes to pay the principal of and interest on the Series 2024B Bonds is subject to limitation, and the Series 2024B Bonds are not secured by the City’s taxing power, but is payable solely from revenue in the general fund (or other legally available fund) in any fiscal year that is pledged to the payment of the Series 2024B Bonds. The City agrees that it will reduce other expenditures that may be paid from ad valorem tax revenues, if and to the extent required, to pay the principal of and interest on the Series 2024B Bonds when due. Section 4 Tax Covenants and Certifications. 4.01. Use of the Project. The 2024B Project will be owned and operated by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, use or other agreement with any non-governmental person relating to the 79 13 use of the 2024B Project or security for the payment of the Series 2024B Bonds which might cause the Series 2024B Bonds to be considered “private activity bonds” or “private loan bonds” within the meaning of Section 141 of the Internal Revenue Code of 1986, as amended (the “Code”). 4.02. General Covenant. The City covenants and agrees with the owners from time to time of the Series 2024B Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Series 2024B Bonds to become includable in gross income for federal income tax purposes under the Code and applicable Treasury Regulations (the “Regulations”), and covenants to take any and all actions within its powers to ensure that the interest on the Series 2024B Bonds will not become includable in gross income for federal income tax purposes under the Code and the Regulations. 4.03. Arbitrage Certification. The Mayor, the City Manager and the City Clerk, being among the officers of the City charged with the responsibility for issuing the Series 2024B Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Original Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148-2(b) of the Regulations, stating that on the basis of facts, estimates and circumstances in existence on the date of issue and delivery of the Series 2024B Bonds, it is reasonably expected that the proceeds of the Series 2024B Bonds will be used in a manner that would not cause the Series 2024B Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Code and the Regulations. 4.04. Arbitrage Rebate. The City acknowledges that the Series 2024B Bonds are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Series 2024B Bonds from gross income for federal income tax purposes, unless the Series 2024B Bonds qualify for the exception from the rebate requirement under Section 148(f)(4)(B) of the Code and no “gross proceeds” of the Series 2024B Bonds (other than amounts constituting a “bona fide debt service fund”) arise during or after the expenditure of the original proceeds thereof. In furtherance of the foregoing, the Mayor, the City Manager and the City Clerk are, or any one or more of them is, hereby authorized and directed to execute a 80 14 Rebate Certificate, substantially in the form to be prepared by Bond Counsel, and the City hereby covenants and agrees to observe and perform the covenants and agreements contained therein, unless amended or terminated in accordance with the provisions thereof. 4.05. Information Reporting. The City shall file with the Secretary of the Treasury, not later than August 15, 2024, a statement concerning the Series 2024B Bonds containing the information required by Section 149(e) of the Code. Section 5 Defeasance or Discharge. 5.01. General. When the liability of the City on all Series 2024B Bonds issued under and secured by this Resolution and all interest thereon has been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the Holders of such Series 2024B Bonds shall cease. 5.02. Maturity. The City may discharge its liability with reference to all Series 2024B Bonds and interest thereon which are due on any date by depositing with the Registrar for such Series 2024B Bonds on or before the date a sum sufficient for the payment thereof in full; or if any Series 2024B Bond or interest thereon shall not be paid when due, the City may nevertheless discharge its liability with reference thereto by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. 5.03. Redemption. The City may also discharge its liability with reference to any prepayable Series 2024B Bonds which are called for redemption on any date in accordance with their terms, by depositing with the Registrar on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due thereon, provided that notice of such redemption has been duly given as provided in this Resolution. 5.04. Escrow. The City may also at any time discharge its liability in its entirety with reference to any Series 2024B Bonds subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United 81 15 States or securities of United States agencies which are authorized by law to be so deposited or funds holding only such securities, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without reinvestment, to provide funds sufficient to pay all principal, interest and redemption premiums, if any, to become due on such Series 2024B Bonds at their Stated Maturities or, if such Series 2024B Bonds are prepayable and notice of redemption thereof has been given or irrevocably provided for, to such earlier redemption date. Section 6 Continuing Disclosure. The Commission hereby approves the Continuing Disclosure Undertaking of the City substantially in the form of the attached Exhibit C and authorizes the Mayor and the City Manager, or in the absence of either of them or in the event of their inability to sign, their designees, to execute and deliver on behalf of the City contemporaneously with the date of issuance and delivery of the Series 2024B Bonds the Continuing Disclosure Undertaking, with such changes as may be necessary or appropriate. The signatures of any two authorized officials of the City are adequate to cause the Continuing Disclosure Undertaking to be binding and enforceable on the City. Section 7 Certification of Proceedings. The officers of the City are hereby authorized and directed to prepare and furnish to the Original Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Series 2024B Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. Section 8 Repeals and Effective Date. 82 16 8.01. Repeal. All provisions of other resolutions and other actions and proceedings of the City and this Commission that are in any way inconsistent with the terms and provisions of this Resolution are repealed, amended and rescinded to the full extent necessary to give full force and effect to the provisions of this Resolution. 8.02. Effective Date. This Resolution shall take effect immediately upon its passage and adoption by this Commission. 83 17 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 23rd day of April, 2024. ___________________________________ TERRY CUNNINGHAM Mayor ATTEST: ___________________________________ MICHAEL MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 84 A-1 EXHIBIT A DEBT SERVICE ON LIMITED TAX OBLIGATIONS 85 B-1 EXHIBIT B UNITED STATES OF AMERICA STATE OF MONTANA COUNTY OF GALLATIN CITY OF BOZEMAN, MONTANA LIMITED TAX GENERAL OBLIGATION BONDS, SERIES 2024B No. $ .00 Rate Maturity Date of Original Issue CUSIP %July 1, May 16, 2024 ___103637 REGISTERED OWNER:CEDE & CO. PRINCIPAL AMOUNT:AND NO/100 DOLLARS FOR VALUE RECEIVED, CITY OF BOZEMAN, MONTANA (the “City”), acknowledges itself to be indebted and hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above on the maturity date specified above or, if this Bond is prepayable as stated herein, on any date prior thereto on which this Bond shall have been duly called for redemption, and to pay interest on said principal amount to the registered owner hereof from the Date of Original Issue set forth above or from such later date to which interest has been paid or duly provided for until this Bond is paid or, if this Bond is prepayable, until it has been duly called for redemption, at the rate specified above. Principal of this Bond is payable upon presentation and surrender hereof to U.S. Bank Trust Company, National Association, of Salt Lake City, Utah, as Bond Registrar, Transfer Agent and Paying Agent, or its successor designated under the Resolution described herein (the “Registrar”) at its operations center in St. Paul, Minnesota. The interest on this Bond shall be payable on January 1 and July 1 in each year, commencing January 1, 2025, and shall be calculated on the basis of a 360-day year composed of twelve 30-day months. Interest on the Bonds shall be payable to the owners of record thereof as such appear on the bond register as of the close of business on the 15th day of the month immediately preceding each interest payment date, whether or not such day is a Business Day. Interest on, and upon presentation and surrender thereof, the principal of each Bond shall be payable by check or draft issued by the Registrar described herein. “Business Day” means any day other than a Saturday, Sunday or legal holiday of the State of Montana. The principal of and interest on this Bond are payable in lawful money of the United States of America. 86 B-2 Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. This Bond is one of an issue in the total principal amount of $3,930,000 (the “Series 2024B Bonds”), all of like date of original issue and tenor except as to serial number, denomination, maturity date, interest rate and redemption privilege, issued to pay or reimburse the City for costs of making certain improvements and renovations to the Bozeman Swim Center, Bogert Pool and Lindley Center and paying costs of issuance of the Series 2024B Bonds. The Series 2024B Bonds are issued pursuant to Title 7, Chapter 7, Parts 41, Montana Code Annotated, and resolutions duly adopted by the City Commission, including a bond resolution adopted on April 23, 2024 (the “Resolution”), and in full conformity with the Constitution and laws of the State of Montana thereunto enabling. The Series 2024B Bonds are issuable only as fully registered bonds of single maturities, in denominations of $5,000 or any integral multiple thereof. The Series 2024B Bonds are not secured by a pledge of the City’s taxing power, but are payable solely from revenue in the general fund in any fiscal year that is pledged to the payment of the Series 2024B Bonds. Any ad valorem taxes the City may levy to pay principal of and interest on the Series 2024B Bonds are subject to applicable limits now or hereafter imposed by law on the amount of taxes that may be levied by the City. Bonds with stated maturities in the years 2025 through 2033 are not subject to redemption prior to their stated maturities. Bonds with stated maturities on or after July 1, 2036 are subject to redemption on July 1, 2033 and any date thereafter, at the option of the City, in whole or in part, and if in part from such stated maturities and in such principal amounts as the City may designate in writing to the Registrar (or, if no designation is made, in inverse order of maturities and within a maturity in $5,000 principal amounts selected by the Registrar by lot or other manner as directed by the City), at a redemption price equal to the principal amount thereof and interest accrued to the redemption date, without premium. The date of redemption and the principal amount of the Bonds shall be fixed by the City Manager, who shall give notice thereof to the Registrar at least forty-five days prior to the date of redemption. At least thirty days prior to the designated redemption date, the Registrar shall cause notice of redemption to be mailed, by first class mail, or by other means required by the securities depository, to the registered owners of each Bond to be redeemed at their addresses as they appear on the bond register. No defect in or failure to give such notice shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. The notice of redemption shall specify the redemption date, redemption price, thenumbers, interest rates, CUSIP numbers, and the maturity date of the Bonds or portions thereof to be redeemed and the place at which the Bonds are to be surrendered for payment. Official notice of redemption having been given as aforesaid, the Bonds or portions thereof so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest. 87 B-3 The Series 2024B Bonds having stated maturities in 2036, 2041, and 2043 are subject to mandatory sinking fund redemption on July 1 in the years and the principal amounts set forth below in $5,000 principal amounts selected by the Registrar, by lot or other manner as directed by the City, at a redemption price equal to the principal amount thereof to be redeemed plus interest accrued to the redemption date: 2036 Term Bond 2041 Term Bond 2043 Term Bond July 1 Sinking Fund Payment Amount July 1 Sinking Fund Payment Amount July 1 Sinking Fund Payment Amount 2034 $180,000 2040 $350,000 2042 $380,000 2035 185,000 2041*365,000 2043*395,000 2036*195,000 ___________ *Stated Maturity. If the term bonds having Stated Maturities in 2036, 2041, and 2043 are not previously purchased by the City in the open market or prepaid, $195,000 in principal amount would remain to mature in 2036 with respect to the term bond with a stated maturity date of July 1, 2036; $365,000 in principal amount would remain to mature in 2041 with respect to the term bond with a stated maturity date of July 1, 2041; and $395,000 in principal amount would remain to mature in 2043 with respect to the term bond with a stated maturity date of July 1, 2043. The principal amounts required to be redeemed on the above Sinking Fund Payment Dates shall be reduced by the amount by which such principal amounts are previously redeemed at the option of the Commission. As provided in the Resolution and subject to certain limitations set forth therein, this Series 2024B Bond is transferable upon the books of the City in the principal office of the Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Series 2024B Bonds of other authorized denominations. Upon any such transfer or exchange, the Citywill cause a new Series 2024B Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Montana to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond, in order to make it a valid and binding general obligation of the City according to its terms, have been done, do exist, have happened and have been performed in regular and due form, time and manner as so 88 B-4 required; that the City has covenanted in the Resolution to appropriate each fiscal year during the term of the Series 2024B Bonds from its general fund or other legally available funds an amount sufficient for the payment of the principal of and interest on the Series 2024B Bonds due in such fiscal year; and that the issuance of the Series 2024B Bonds does not cause the indebtedness of the City to exceed any constitutional or statutory limitation on indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by the manual signature of one of its authorized representatives. City of Bozeman, Montana, by its City Commission, has caused this Bond to be executed by the facsimile signatures of the Mayor, the City Manager and the City Clerk and by a printed facsimile of the official seal of the City. CITY OF BOZEMAN, MONTANA (Facsimile Signature) MAYOR (Facsimile Signature) (Facsimile Seal)CITY MANAGER (Facsimile Signature) CITY CLERK Dated: CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned herein. U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Registrar, Transfer Agent, and Paying Agent By Authorized Signature 89 B-5 The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UTMA............Custodian..................... in common (Cust) (Minor) TEN ENT -- as tenants by the entireties under Uniform Gifts to JT TEN --as joint tenants Minor Act............................................ with right of (State) survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER NOTICE: The signature to this assignment OF ASSIGNEE:must correspond with the name as it appears upon the face of the within Bond in every / /particular, without alteration, enlargement or any change whatsoever. SIGNATURE GUARANTEED Signature(s) must be guaranteed by an “eligible guarantor institution” meeting the requirements of the Bond Registrar, which requirements include membership or participation in STAMP or such other “signature guaranty program” as may be determined by the Bond Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. 90 C-1 EXHIBIT C FORM OF CONTINUING DISCLOSURE UNDERTAKING This CONTINUING DISCLOSURE UNDERTAKING is made by the City of Bozeman, Montana (the “City’) in connection with the issuance and delivery by the City of its $3,930,000 Limited Tax General Obligation Bonds, Series 2024B (the “Bonds”), as of this 16th day of May, 2024. (a)Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit participating underwriters in the primary offering of the Bonds to comply with paragraph (b)(5) of Rule 15c2- 12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended (the “Rule”), the City hereby makes the following covenants and agrees, for the benefit of the Owners (as hereinafter defined) from time to time of the outstanding Bonds, to provide annual reports of specified information and notice of the occurrence of certain events to the Municipal Securities Rulemaking Board (“MSRB”) through its Electronic Municipal Market Access system website (“EMMA”), as hereinafter described. The City is the only “obligated person” in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with this Continuing Disclosure Undertaking, any person aggrieved thereby, including the Owners of any outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of this Continuing Disclosure Undertaking, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder. Notwithstanding anything to the contrary contained herein, in no event shall a default under this Continuing Disclosure Undertaking constitute a default under the Bonds or under any other provision of the Resolution. As used herein, “Owner” means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, “Beneficial Owner” means, in respect of a Bond, any person or entity that (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: 91 C-2 (1) on or before 270 days after the end of each fiscal year of the City, commencing with the fiscal year ending June 30, 2024, the following financial information and operating data in respect of the City (the “Disclosure Information”): (A) the audited financial statements of the City for such fiscal year, accompanied by the audit report and opinion of the accountant or government auditor relating thereto, as permitted or required by the laws of the State of Montana, containing a balance sheet as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Montana law, as in effect from time to time or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof; and (B) to the extent not included in the financial statements referred to in paragraph (A) above, information for such fiscal year of the type set forth below: (1)principal amount of limited tax general obligation debt outstanding; (2)assessed valuation of the City; (3)taxable valuation of the City; (4)mill levy information in a format similar to the table under the heading “City Levy Authority” on page A-8 of Appendix A to the Official Statement; and (5)tax collection figures in a format similar to the table under the heading “Property Tax Levies and Collections” on page A-8 of Appendix A to the Official Statement. Notwithstanding anything herein, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within ten days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated, if it is updated as required hereby, by reference from other documents, including official statements, which have been submitted to the MSRB in the manner set forth in subsection (c) hereof. The City shall clearly identify the Disclosure Information in each document so incorporated by reference. 92 C-3 If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be material (as hereinafter defined), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this Continuing Disclosure Undertaking is amended, then the City shall include in the next Disclosure Information to be delivered pursuant to this Continuing Disclosure Undertaking, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner not in excess of ten business days, notice of the occurrence of any of the following events: (A)principal and interest payment delinquencies; (B)non-payment related defaults, if material; (C)unscheduled draws on debt service reserves reflecting financial difficulties; (D)unscheduled draws on credit enhancements reflecting financial difficulties; (E)substitution of credit or liquidity providers, or their failure to perform; (F)adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Bonds or other material events affecting the tax status of the Bonds; (G)modifications to rights of holders of the Bonds, if material; (H)bond calls, if material, and tender offers; (I)defeasances; (J)release, substitution or sale of property securing repayment of the Bonds, if material; (K)rating changes; 93 C-4 (L)bankruptcy, insolvency, receivership, or similar event of the City; (M)the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (N)appointment of a successor or additional trustee or the change of name of a trustee, if material; (O) incurrence of a financial obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City, any of which affect security holders, if material; and (P) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of the financial obligation of the City, any of which reflect financial difficulties. An event is “material” if it is an event as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed in this Bond Resolution or information generally available to the public. Notwithstanding the foregoing sentence, an event is also “material” if it is an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For purposes of paragraphs (O) and (P) above, the term “financial obligation” means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of either (i) or (ii). A “financial obligation” does not include municipal securities for which a final official statement has been provided to the MSRB consistent with the Rule. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A)the failure of the City to provide the Disclosure Information described above under paragraph (b)(1) above at the time specified thereunder; (B)the amendment or supplementing of this Continuing Disclosure Undertaking, together with a copy of such amendment or supplement and any explanation provided by the City; and 94 C-5 (C)any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection (b) hereof to the MSRB via EMMA or in a manner as may be otherwise proscribed by the MSRB consistent with the Rule. All documents provided to the MSRB shall be accompanied by identifying information as prescribed by the MSRB. (d) Term; Amendments; Interpretation. (1) This Continuing Disclosure Undertaking shall remain in effect so long as any Bonds are outstanding. (2) This Continuing Disclosure Undertaking (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (b)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Commission filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that the Continuing Disclosure Undertaking (and the form and requirements of the Disclosure Information), as so amended or supplemented, will comply with the provisions of paragraph (b)(5) of the Rule, assuming that such provisions apply to the Bonds. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) this Continuing Disclosure Undertaking is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so the undertaking would satisfy the requirements of paragraph (b)(5) of the Rule. Dated: May 16, 2024 CITY OF BOZEMAN, MONTANA By ____________________________________ Mayor By ____________________________________ City Manager 95 Resolution No. [____], Authorizing the Execution and Delivery of $3,930,000 Limited Tax General Obligation Bonds, Series 2024B CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. _________, entitled: “RESOLUTION RELATING TO $3,930,000 LIMITED TAX GENERAL OBLIGATION BONDS, SERIES 2024B; DETERMINING THE FORM AND DETAILS, AUTHORIZING THE EXECUTION AND DELIVERY AND MAKING APPROPRIATIONS FOR THE PAYMENT THEREOF”(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a regular meeting on April 23, 2024, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: ; voted against the same: ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 23rd day of April, 2024. Michael Maas City Clerk 96 Resolution No. 5591,Authorizing the Execution and Delivery of $2,280,000 General Obligation Bonds, Series 2024A RESOLUTION NO. 5591 RESOLUTION RELATING TO $2,280,000 GENERAL OBLIGATION BONDS, SERIES 2024A; DETERMINING THE FORM AND DETAILS, AUTHORIZING THE EXECUTION AND DELIVERY AND LEVYING TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), as follows: Section 1 Authorization and Sale; Recitals. 1.01. Authorization. At an election duly called and held November 2, 2021, the electors of the City authorized this Commission to sell and issue general obligation bonds of the City in the aggregate principal amount not to exceed $2,280,000 for the purpose of paying the costs of designing, constructing, equipping and furnishing improvements to: the Bozeman Swim Center to include replacing perimeter drain tiles (gutter system), deck tiles, and ceiling tiles, repairing the plaster shell, and replacing the HVAC system; the Bogert Pool to include replacing the concrete coping around the pool and the concrete gutter system, re-plastering the shell, repairing the concrete deck, and replacing the perimeter wall/fence; and the Lindley Center to include upgrading restrooms to meet current Americans with Disabilities Act requirements, replacing windows and log siding, upgrading the kitchen, insulating the east roof, installing floor and roof supports, improving the parking lot and related site improvements (the “2024A Project”); and costs associated with the sale and issuance of the bonds. In addition, the City has determined to sell and issue simultaneously herewith a series of limited tax general obligation bonds (the “Series 2024B Bonds”)of the City to finance or reimburse the City for costs of improvements and renovations to the Bozeman Swim Center, 97 2 Bogert Pool and Lindley Center and to pay costs associated with the sale and issuance of the Series 2024B Bonds. 1.02. Sale. Pursuant to Resolution No. 5590, adopted by the Commission on March 19, 2024, the City authorized and provided for the sale and issuance of general obligation bonds of the City, to be denominated “General Obligation Bonds, Series 2024A” (the “Series 2024A Bonds”), at a public competitive sale. Pursuant to such authorization, on April 16, 2024, the City awarded the sale of the Series 2024A Bonds to Fidelity Capital Markets, Boston, Massachusetts (the “Original Purchaser”), based on its bid to purchase the Series 2024A Bonds in the aggregate principal amount of $2,280,000.00 at a purchase price of $2,407,666.85 (reflecting an underwriter’s discount of $16,351.75 and original issue premium of $144,018.60), the Series 2024A Bonds to bear interest at the rates and mature on the dates and in the amounts and contain the further terms and conditions set forth in this resolution. The sale of the Series 2024A Bonds to the Original Purchaser is hereby ratified and confirmed. 1.03. Recitals. All acts, conditions and things required by the Constitution and laws of the State of Montana, including Montana Code Annotated, Title 7, Chapter 7, Part 42, as amended, in order to make the Series 2024A Bonds valid and binding general obligations of the City in accordance with their terms and in accordance with the terms of this Resolution have been done, do exist, have happened and have been performed in regular and due form, time and manner as so required. The City has full power and authority to issue the Series 2024A Bonds. The indebtedness to be evidenced by the Series 2024A Bonds, together with all other outstanding general obligation indebtedness of the City, will not exceed 2.50% of the total assessed valuation of taxable property of the City, determined as provided in Section 15-8-111, M.C.A., as ascertained by the last assessment for state and county taxes. Section 2 Bond Terms, Execution and Delivery. 2.01. Terms of Bonds. The Series 2024A Bonds shall be issued in the principal amount of $2,280,000 and shall be in the denomination of $5,000 each or any integral multiple thereof of single maturities. The Series 2024A Bonds shall mature on July 1 in the years and amounts listed 98 3 below, and Series 2024A Bonds maturing in such years and amounts shall bear interest from date of original issue until paid or duly called for redemption (including mandatory sinking fund redemption as to the term bonds maturing in 2044), at the rate per annum shown opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 2025 $ 60,000 5.000%2034 $110,000 5.000% 2026 75,000 5.000 2035 115,000 5.000 2027 80,000 5.000 2036 120,000 5.000 2028 80,000 5.000 2037 130,000 3.375 2029 85,000 5.000 2038 130,000 3.500 2030 90,000 5.000 2039 135,000 4.000 2031 95,000 5.000 2040 140,000 4.000 2032 100,000 5.000 2041 150,000 4.000 2033 105,000 5.000 2044*480,000 4.000 *Term bonds subject to mandatory sinking fund redemption as set forth in Section 2.07 below. Interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. 2.02. Registered Form, Interest Payment Dates. The Series 2024A Bonds shall be issuable only in fully registered form, and the ownership of the Series 2024A Bonds shall be transferred only upon the bond register of the City hereinafter described. The interest on the Series 2024A Bondsshall be payable on January 1 and July 1 in each year, commencing January 1, 2025. Interest on the Series 2024A Bonds shall be payable to the owners of record thereof as such appear on the bond register as of the close of business on the 15th day of the month immediately preceding each interest payment date, whether or not such day is a business day. Interest on, and upon presentation and surrender thereof, the principal of each Series 2024A Bond shall be payable by check or draft issued by or drawn on the Registrar described herein or, as appropriate, by wire transfer. 2.03. Dated Date. Each Series 2024A Bond shall be originally dated as of May 16, 2024, and upon authentication of any Series 2024A Bond the Registrar (as hereinafter defined) shall indicate thereon the date of such authentication. 2.04. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the “Registrar”). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: 99 4 (a) Register. The Registrar shall keep at its principal office a bond register in which the Registrar shall provide for the registration of ownership of Series 2024A Bonds and the registration of transfers and exchanges of Series 2024A Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender to the Registrar for transfer of any Series 2024A Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Series 2024A Bonds of the same series of a like aggregate principal amount and maturity, as the case may be, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer of any Series 2024A Bond or portion thereof selected or called for redemption. (c) Exchange of Bonds. Whenever any Series 2024A Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Series 2024A Bonds of the same series of a like aggregate principal amount, interest rate and maturity, as requested by the registered owner or the owner’s attorney in writing. (d) Cancellation. All Series 2024A Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Series 2024A Bondis presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Series 2024A Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Series 2024A Bond is at any time registered in the bond register as the 100 5 absolute owner of such Series 2024A Bond, whether such Series 2024A Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Series 2024A Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner’s order shall be valid and effectual to satisfy and discharge the liability of the City upon such Series 2024A Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Series 2024A Bonds (except for an exchange upon the partial redemption of a Series 2024A Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Series 2024A Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Series 2024A Bond of the same series of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Series 2024A Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Series 2024A Bond lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Series 2024A Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Series 2024A Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Series 2024A Bond has already matured or such Series 2024A Bond has been called for redemption in accordance with its terms, it shall not be necessary to issue a new Series 2024A Bond prior to payment. 2.05. Appointment of Initial Registrar. The City hereby appoints U.S. Bank Trust Company, National Association, in Salt Lake City, Utah, to act as registrar, transfer agent and paying agent (the “Registrar”). The City reserves the right to appoint a successor bond registrar, 101 6 transfer agent or paying agent, as authorized by the Model Public Obligations Registration Act of Montana, Montana Code Annotated, Title 17, Chapter 5, Part 11, as amended (the “Registration Act”), but the City agrees to pay the reasonable and customary charges of the Registrar for the services performed. 2.06. Optional Redemption. (a) Series 2024A Bonds with stated maturities in the years 2025 through 2033 are not subject to optional redemption prior to their stated maturities. Series 2024A Bonds with stated maturities on or after July 1, 2034are subject to redemption on July 1, 2033and any date thereafter, at the option of the City, in whole or in part, and if in part from such stated maturities and in such principal amounts as the City may designate in writing to the Registrar (or, if no designation is made, in inverse order of maturities and within a maturity in $5,000 principal amounts selected by the Registrar by lot or other manner as directed by the City), at a redemption price equal to the principal amount thereof and interest accrued to the redemption date, without premium. (b) The date of redemption and the principal amount of the Series 2024A Bonds to be redeemed shall be fixed by the City Manager who shall give notice thereof to the Registrar at least 45 days prior to the redemption date. At least thirty days prior to the designated redemption date, the Registrar shall cause notice of redemption to be mailed, by first class mail, or by other means required by the securities depository, to the registered owners of each Series 2024A Bond to be redeemed at their addresses as they appear on the bond register described in Section 2.04, but no defect in or failure to give such notice shall affect the validity of proceedings for the redemption of any Series 2024A Bond not affected by such defect or failure. The notice of redemption shall specify the redemption date, redemption price, the numbers, interest rates, CUSIP numbers, and the maturity date of the Series 2024A Bonds or portions thereof to be redeemed and the place at which the Series 2024A Bonds are to be surrendered for payment. Official notice of redemption having been given as aforesaid, the Series 2024A Bonds or portions thereof so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Series 2024A Bonds or portions thereof shall cease to bear interest. 102 7 2.07. Mandatory Sinking Fund Redemption. The Series 2024A Bonds having a stated maturity in 2044 are subject to mandatory sinking fund redemption on July 1 in the years and the principal amounts set forth below in $5,000 principal amounts selected by the Registrar, by lot or other manner as directed by the City, at a redemption price equal to the principal amount thereof to be redeemed plus interest accrued to the redemption date: 2044 Term Bond Sinking Fund Payment Date (July 1) Principal Amount on Sinking Fund Payment Date 2042 $ 155,000 2043 160,000 2044*165,000 ___________ *Stated Maturity. If the term bonds with a stated maturity in 2044 are not previously purchased by the City in the open market or prepaid, $165,000 in principal amount of such term bonds would remain to mature in 2044. The principal amounts required to be redeemed on the above sinking fund payment dates shall be reduced by the amount by which such principal amounts are previously redeemed at the option of the Commission. 2.08.Execution and Delivery. The Series 2024A Bonds shall be forthwith prepared for execution under the direction of the City Clerk and shall be executed on behalf of the City by the signatures of the Mayor, the City Manager and the City Clerk, provided that said signatures may be printed, engraved or lithographed facsimiles thereof. The seal of the City need not be imprinted on or affixed to any Series 2024A Bond. In case any officer whose signature or a facsimile of whose signature shall appear on the Series 2024A Bonds shall cease to be such officer before the delivery thereof, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. When the Series 2024A Bonds have been so executed by said City officers, they shall be registered by the City Clerk in accordance with Montana Code Annotated, Section 7-7-4257, as amended. Notwithstanding such execution, no Series 2024A Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Series 2024A Bond has been duly executed by the manual signature of an authorized representative 103 8 of the Registrar. Certificates of authentication on different Series 2024A Bonds need not be signed by the same representative. The executed certificate of authentication on each Series 2024A Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Series 2024A Bonds have been fully executed and authenticated, they shall be delivered by the Registrar to the Original Purchaser or as otherwise directed upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Original Purchaser shall not be obligated to see to the application of the purchase price. 2.09. Securities Depository for the Bonds. (a) For purposes of this Section 2.09, the following terms shall have the following meanings: “Beneficial Owner” means, whenever used with respect to a Series 2024A Bond, the person in whose name such Series 2024A Bond is recorded as the beneficial owner of such Series 2024A Bond by a Participant on the records of such Participant, or such person’s subrogee. “Cede & Co.” means Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Series 2024A Bonds. “DTC” means The Depository Trust Company of New York, New York. “Participant” means any broker-dealer, bank or other financial institution for which DTC holds Series 2024A Bonds as securities depository. “Representation Letter” means the Blanket Issuer Letter of Representations pursuant to which the City agrees to comply with DTC’s Operational Arrangements. (b) The Series 2024A Bonds shall be initially issued as separately authenticated fully registered bonds, and one Series 2024A Bond shall be issued in the principal amount of each stated maturity of the Series 2024A Bonds. Upon initial issuance, the ownership of such Series 2024A Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as 104 9 the sole and exclusive owner of the Series 2024A Bonds registered in its name for the purposes of payment of the principal of or interest on the Series 2024A Bonds, selecting the Series 2024A Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Series 2024A Bonds under this Resolution, registering the transfer of Series 2024A Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any Person claiming a beneficial ownership interest in the Series 2024A Bonds under or through DTC or any Participant, or any other Person which is not shown on the bond register as being a registered owner of any Series 2024A Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Series 2024A Bonds, with respect to any notice which is permitted or required to be given to owners of Series 2024A Bonds under this Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Series 2024A Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Series 2024A Bonds. So long as any Series 2024A Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Series 2024A Bond, and shall give all notices with respect to such Series 2024A Bond, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City’s obligations with respect to the principal of and interest on the Series 2024A Bonds to the extent of the sum or sums so paid. No Person other than DTC shall receive an authenticated Series 2024A Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Series 2024A Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines to discontinue the book-entry-only system for theSeries 2024A Bonds, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Series 2024A Bonds of such 105 10 series in the form of certificates. In such event, the Series 2024A Bonds of such series will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Series 2024A Bonds of one or both series at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Series 2024A Bonds of such series will be transferable in accordance with paragraph (e) hereof. (d) The Representation Letter sets forth certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Series 2024A Bonds and Beneficial Owners and payments on the Series 2024A Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this Resolution. (e) In the event that any transfer or exchange of Series 2024A Bonds of a series is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Series 2024A Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this Resolution. In the event Series 2024A Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Series 2024A Bonds, or another securities depository as owner of all the Series 2024A Bonds, the provisions of this Resolution shall also apply to all matters relating thereto, including, without limitation, the preparation of such Series 2024A Bonds in the form of bond certificates and the method of payment of principal of and interest on such Series 2024A Bonds in the form of bond certificates. 2.10 Form of Bonds. The Series 2024A Bonds shall be prepared in substantially the form set forth in Exhibit A hereto, and by this reference made a part hereof. Section 3 Security Provisions. 3.01. Project Account; Use of Proceeds. There is hereby created a special account to be designated as the “2024A Project Account” (the “Project Account”), to be held and administered 106 11 by the City Manager separate and apart from all other funds and accounts of the City. The City appropriates to the Project Account the proceeds of the sale of the Series 2024A Bonds in the amount of (a) $2,407,666.85 (representing the principal amount of the Series 2024A Bonds, plus original issuepremium on the Series 2024A Bonds, lessunderwriter’s discount),and (b) all income derived from the investment of amounts on hand in the Project Account. The Project Account shall be used solely to defray expenses of the 2024A Project to be paid with proceeds of the Series 2024A Bonds, including costs of issuance of the Series 2024A Bonds. Upon payment of all costs and expenses of the 2024A Project to be paid with proceeds of the Series 2024A Bonds and investment earnings thereon, any amounts remaining in the Project Account shall be credited and paid to the Debt Service Account. 3.02. Debt Service Account. There is hereby created a special account to be designated as the “2024A Debt Service Account” (the “Debt Service Account”), to be held and administered by the City Manager separate and apart from all other fundsand accountsof the City, to be used solely to pay principal of and interest on the Series 2024A Bonds. The City irrevocably appropriates to the Debt Service Account: (a) all funds, if any, to be transferred thereto from the Project Account in accordance with the provisions of Section 3.01, (b) all taxes levied in accordance with this Resolution, (c) all income derived from the investment of amounts on hand in the Debt Service Account, and (d) such other money as shall be received and appropriated to the Debt Service Account from time to time. 3.03. Tax Levies. The full faith and credit and taxing powers of the City shall be and are hereby irrevocably pledged to the payment of the Series 2024A Bonds and interest due thereon, and the City shall cause taxes to be levied annually on all taxable property in the City, without limitation as to rate or amount, sufficient to pay the interest on the Series 2024A Bonds when it falls due and to pay and discharge the principal at maturity of each and all of the Series 2024A Bonds as they respectively become due. Section 4 Tax Covenants and Certifications. 107 12 4.01. Use of the Project. The 2024A Project will be owned and operated by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, use or other agreement with any non-governmental person relating to the use of the 2024A Project or security for the payment of the Series 2024A Bonds which might cause the Series 2024A Bonds to be considered “private activity bonds” or “private loan bonds” within the meaning of Section 141 of the Internal Revenue Code of 1986, as amended (the “Code”). 4.02. General Covenant. The City covenants and agrees with the owners from time to time of the Series 2024A Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Series 2024A Bonds to become includable in gross income for federal income tax purposes under the Code and applicable Treasury Regulations (the “Regulations”), and covenants to take any and all actions within its powers to ensure that the interest on the Series 2024A Bonds will not become includable in gross income for federal income tax purposes under the Code and the Regulations. 4.03. Arbitrage Certification. The Mayor, the City Manager and the City Clerk, being among the officers of the City charged with the responsibility for issuing the Series 2024A Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Original Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148-2(b) of the Regulations, stating that on the basis of facts, estimates and circumstances in existence on the date of issue and delivery of the Series 2024A Bonds, it is reasonably expected that the proceeds of the Series 2024A Bonds will be used in a manner that would not cause the Series 2024A Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Code and the Regulations. 4.04. Arbitrage Rebate. The City acknowledges that the Series 2024A Bonds are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Series 2024A Bonds from gross income for federal income tax purposes, unless the Series 2024A Bonds qualify for the exception from the rebate requirement under Section 148(f)(4)(B) of the Code and no “gross proceeds” of the Series 2024A Bonds (other 108 13 than amounts constituting a “bona fide debt service fund”) arise during or after the expenditure of the original proceeds thereof. In furtherance of the foregoing, the Mayor, the City Manager and the City Clerk are, or any one or more of them is, hereby authorized and directed to execute a Rebate Certificate, substantially in the form to be prepared by Bond Counsel, and the City hereby covenants and agrees to observe and perform the covenants and agreements contained therein, unless amended or terminated in accordance with the provisions thereof. 4.05. Information Reporting. The City shall file with the Secretary of the Treasury, not later than August 15, 2024, a statement concerning the Series 2024A Bonds containing the information required by Section 149(e) of the Code. Section 5 Defeasance or Discharge. 5.01. General. When the liability of the City on all Series 2024A Bonds issued under and secured by this Resolution and all interest thereon has been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the Holders of such Series 2024A Bonds shall cease. 5.02. Maturity. The City may discharge its liability with reference to all Series 2024A Bonds and interest thereon which are due on any date by depositing with the Registrar for such Series 2024A Bonds on or before the date a sum sufficient for the payment thereof in full; or if any Series 2024A Bond or interest thereon shall not be paid when due, the City may nevertheless discharge its liability with reference thereto by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. 5.03. Redemption. The City may also discharge its liability with reference to any prepayable Series 2024A Bonds which are called for redemption on any date in accordance with their terms, by depositing with the Registrar on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due thereon, provided that notice of such redemption has been duly given as provided in this Resolution. 109 14 5.04. Escrow. The City may also at any time discharge its liability in its entirety with reference to any Series 2024A Bonds subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited or funds holding only such securities, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without reinvestment, to provide funds sufficient to pay all principal, interest and redemption premiums, if any, to become due on such Series 2024A Bonds at their Stated Maturities or, if such Series 2024A Bonds are prepayable and notice of redemption thereof has been given or irrevocably provided for, to such earlier redemption date. Section 6 Continuing Disclosure. The Commission hereby approves the Continuing Disclosure Undertaking of the City substantially in the form of the attached Exhibit B and authorizes the Mayor and the City Manager, or in the absence of either of them or in the event of their inability to sign, their designees, to execute and deliver on behalf of the City contemporaneously with the date of issuance and delivery of the Series 2024A Bonds the Continuing Disclosure Undertaking, with such changes as may be necessary or appropriate. The signatures of any two authorized officials of the City are adequate to cause the Continuing Disclosure Undertaking to be binding and enforceable on the City. Section 7 Certification of Proceedings. The officers of the City are hereby authorized and directed to prepare and furnish to the Original Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Series 2024A Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 110 15 Section 8 Repeals and Effective Date. 8.01. Repeal. All provisions of other resolutions and other actions and proceedings of the City and this Commission that are in any way inconsistent with the terms and provisions of this Resolution are repealed, amended and rescinded to the full extent necessary to give full force and effect to the provisions of this Resolution. 8.02. Effective Date. This Resolution shall take effect immediately upon its passage and adoption by this Commission. 111 16 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 23rd day of April, 2024. ___________________________________ TERRY CUNNINGHAM Mayor ATTEST: ___________________________________ MICHAEL MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 112 A-1 EXHIBIT A UNITED STATES OF AMERICA STATE OF MONTANA COUNTY OF GALLATIN CITY OF BOZEMAN GENERAL OBLIGATION BOND SERIES 2024A No. $ .00 Rate Maturity Date of Original Issue CUSIP %July 1, May 16, 2024 103637 REGISTERED OWNER:CEDE & CO. PRINCIPAL AMOUNT: AND NO/100 DOLLARS FOR VALUE RECEIVED, CITY OF BOZEMAN, MONTANA (the “City”), acknowledges itself to be indebted and hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above on the maturity date specified above or, if this Bond is prepayable as stated herein, on any date prior thereto on which this Bond shall have been duly called for redemption, and to pay interest on said principal amount to the registered owner hereof from the Date of Original Issue set forth above or from such later date to which interest has been paid or duly provided for until this Bond is paid or, if this Bond is prepayable, until it has been duly called for redemption, at the rate specified above. Principal of this Bond is payable upon presentation and surrender hereof to U.S. Bank Trust Company, National Association, of Salt Lake City, Utah, as Bond Registrar, Transfer Agent and Paying Agent, or its successor designated under the Resolution described herein (the “Registrar”), at its operations center in St. Paul, Minnesota. The interest on this Bond shall be payable on January 1 and July 1 in each year, commencing January 1, 2025, and shall be calculated on the basis of a 360-day year composed of twelve 30-day months. Interest on the Bonds shall be payable to the owners of record thereof as such appear on the bond register as of the close of business on the 15th day of the month immediately preceding each interest payment date, whether or not such day is a Business Day. Interest on, and upon presentation and surrender thereof, the principal of each Bond shall be payable by check or draft issued by the Registrar described herein. “Business Day” means any day other than a Saturday, Sunday or legal holiday of the State of Montana. The principal of and interest on this Bond are payable in lawful money of the United States of America. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. 113 A-2 Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. This Bond is one of an issue in the total principal amount of $2,280,000 (the “Series 2024A Bonds”), all of like date of original issue and tenor except as to serial number, denomination, maturity date, interest rate and redemption privilege, all authorized by the favorable vote of more than the requisite majority of the qualified electors of the City voting on the question of the issuance thereof at a duly held election, all pursuant to resolutions duly adopted by the City Commission, including Resolution No. ____ adopted on April 23, 2024 (the “Resolution”), and in full conformity with the Constitution and laws of the State of Montana thereunto enabling. The Bonds are issuable only as fully registered bonds of single maturities, in denominations of $5,000 or any integral multiple thereof. Bonds with stated maturities in the years 2025 through 2033 are not subject to redemption prior to their stated maturities. Bonds with stated maturities on or after July 1, 2034 are subject to redemption on July 1, 2033 and any date thereafter, at the option of the City, in whole or in part, and if in part from such stated maturities and in such principal amounts as the City may designate in writing to the Registrar (or, if no designation is made, in inverse order of maturities and within a maturity in $5,000 principal amounts selected by the Registrar by lot or other manner as directed by the City), at a redemption price equal to the principal amount thereof and interest accrued to the redemption date, without premium. The date of redemption and the principal amount of the Bonds shall be fixed by the City Manager, who shall give notice thereof to the Registrar at least forty-five days prior to the date of redemption. At least thirty days prior to the designated redemption date, the Registrar shall cause notice of redemption to be mailed, by first class mail, or by other means required by the securities depository, to the registered owners of each Bond to be redeemed at their addresses as they appear on the bond register. No defect in or failure to give such notice shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. The notice of redemption shall specify the redemption date, redemption price, the numbers, interest rates, CUSIP numbers, and the maturity date of the Bonds or portions thereof to be redeemed and the place at which the Bonds are to be surrendered for payment. Official notice of redemption having been given as aforesaid, the Bonds or portions thereof so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions thereof shall cease to bear interest. The Bonds having a stated maturity in 2044 are subject to mandatory sinking fund redemption on July 1 in the years and the principal amounts set forth below in $5,000 principal amounts selected by the Registrar, by lot or other manner as directed by the City, at a redemption price equal to the principal amount thereof to be redeemed plus interest accrued to the redemption date: 114 A-3 2044 Term Bond Sinking Fund Payment Date (July 1) Principal Amount on Sinking Fund Payment Date 2042 $ 155,000 2043 160,000 2044*165,000 ___________ *Stated Maturity. If the term bonds with a stated maturity in 2044 are not previously purchased by the City in the open market or prepaid, $165,000 in principal amount of such term bonds would remain to mature in 2044. the principal amounts required to be redeemed on the above sinking fund payment dates shall be reduced by the amount by which such principal amounts are previously redeemed at the option of the Commission. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City in the principal office of the Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or his attorney, and may also be surrendered in exchange for Bonds of other authorized denominations. Upon any such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Montana to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond, in order to make it a valid and binding general obligation of the City according to its terms, have been done, do exist, have happened and have been performed in regular and due form, time and manner as so required; that the City Commission will annually levy an ad valorem tax on all of the taxable property in the City in an amount sufficient to pay the interest hereon when it falls due and also to pay and discharge the principal of this Bond at maturity; that this Bond, together with all other general obligation indebtedness of the City outstanding on the date of original issue hereof, does not exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by the manual signature of one of its authorized representatives. 115 A-4 IN WITNESS WHEREOF, City of Bozeman, Montana, by its City Commission, has caused this Bond to be executed by the facsimile signatures of the Mayor, the City Manager and the City Clerk and by a printed facsimile of the official seal of the City. CITY OF BOZEMAN, MONTANA (Facsimile Signature) MAYOR (Facsimile Signature) (Facsimile Seal)CITY MANAGER (Facsimile Signature) CITY CLERK Dated: CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned herein. U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Registrar, Transfer Agent, and Paying Agent By Authorized Signature 116 A-5 The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UTMA............Custodian..................... in common (Cust) (Minor) TEN ENT -- as tenants by the entireties under Uniform Gifts to JT TEN --as joint tenants Minor Act............................................ with right of (State) survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER NOTICE: The signature to this assignment OF ASSIGNEE:must correspond with the name as it appears upon the face of the within Bond in every / /particular, without alteration, enlargement or any change whatsoever. SIGNATURE GUARANTEED Signature(s) must be guaranteed by an “eligible guarantor institution” meeting the requirements of the Bond Registrar, which requirements include membership or participation in STAMP or such other “signature guaranty program” as may be determined by the Bond Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. 117 B-1 EXHIBIT B FORM OF CONTINUING DISCLOSURE UNDERTAKING This CONTINUING DISCLOSURE UNDERTAKING is made by the City of Bozeman, Montana (the “City’) in connection with the issuance and delivery by the City of its $2,280,000 General Obligation Bonds, Series 2024A (the “Bonds”), as of this 16th day of May, 2024. Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit participating underwriters in the primary offering of the Bonds to comply with paragraph (b)(5) of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended (the “Rule”), the City hereby makes the following covenants and agrees, for the benefit of the Owners (as hereinafter defined) from time to time of the outstanding Bonds, to provide annual reports of specified information and notice of the occurrence of certain events to the Municipal Securities Rulemaking Board (“MSRB”) through its Electronic Municipal Market Access system website (“EMMA”), as hereinafter described. The City is the only “obligated person” in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with this Continuing Disclosure Undertaking, any person aggrieved thereby, including the Owners of any outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of this Continuing Disclosure Undertaking, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder. Notwithstanding anything to the contrary contained herein, in no event shall a default under this Continuing Disclosure Undertaking constitute a default under the Bonds or under any other provision of the Resolution. As used herein, “Owner” means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, “Beneficial Owner” means, in respect of a Bond, any person or entity that (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 270 days after the end of each fiscal year of the City, commencing with the fiscal year ending June 30, 2024, the following financial information and operating data in respect of the City (the “Disclosure Information”): 118 B-2 (A) the audited financial statements of the City for such fiscal year, accompanied by the audit report and opinion of the accountant or government auditor relating thereto, as permitted or required by the laws of the State of Montana, containing a balance sheet as of the end of such fiscal year and a statement of operations, changes in fund balances and cash flows for the fiscal year then ended, prepared in accordance with generally accepted accounting principles promulgated by the Financial Accounting Standards Board as modified in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Montana law, as in effect from time to time or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof; and (B) to the extent not included in the financial statements referred to in paragraph (A) above, information for such fiscal year of the type set forth below: (1)principal amount of general obligation debt outstanding; (2)assessed valuation of the City; (3)taxable valuation of the City; and (4)tax collection figures in a format similar to the table under the heading “Property Tax Levies and Collections” on page A-8 of Appendix A to the Official Statement. Notwithstanding anything herein, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within ten days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated, if it is updated as required hereby, by reference from other documents, including official statements, which have been submitted to the MSRB in the manner set forth in subsection (c) hereof. The City shall clearly identify the Disclosure Information in each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be material (as hereinafter defined), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. 119 B-3 If the Disclosure Information is changed or this Continuing Disclosure Undertaking is amended, then the City shall include in the next Disclosure Information to be delivered pursuant to this Continuing Disclosure Undertaking, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner not in excess of ten business days, notice of the occurrence of any of the following events: (A)principal and interest payment delinquencies; (B)non-payment related defaults, if material; (C)unscheduled draws on debt service reserves reflecting financial difficulties; (D)unscheduled draws on credit enhancements reflecting financial difficulties; (E)substitution of credit or liquidity providers, or their failure to perform; (F)adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Bonds or other material events affecting the tax status of the Bonds; (G)modifications to rights of holders of the Bonds, if material; (H)bond calls, if material, and tender offers; (I)defeasances; (J)release, substitution or sale of property securing repayment of the Bonds, if material; (K)rating changes; (L)bankruptcy, insolvency, receivership, or similar event of the City; (M)the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; 120 B-4 (N)appointment of a successor or additional trustee or the change of name of a trustee, if material; (O) incurrence of a financial obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City, any of which affect security holders, if material; and (P) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of the financial obligation of the City, any of which reflect financial difficulties. An event is “material” if it is an event as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed in this Bond Resolution or information generally available to the public. Notwithstanding the foregoing sentence, an event is also “material” if it is an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For purposes of paragraphs (O) and (P) above, the term “financial obligation” means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of either (i) or (ii). A “financial obligation” does not include municipal securities for which a final official statement has been provided to the MSRB consistent with the Rule. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A)the failure of the City to provide the Disclosure Information described above under paragraph (b)(1) above at the time specified thereunder; (B)the amendment or supplementing of this Continuing Disclosure Undertaking, together with a copy of such amendment or supplement and any explanation provided by the City; and (C)any change in the fiscal year of the City. (c) Manner of Disclosure. The City agrees to make available the information described in subsection (b) hereof to the MSRB via EMMA or in a manner as may be otherwise proscribed by the MSRB consistent with the Rule. All documents provided to the MSRB shall be accompanied by identifying information as prescribed by the MSRB. (d) Term; Amendments; Interpretation. 121 B-5 (1) This Continuing Disclosure Undertaking shall remain in effect so long as any Bonds are outstanding. (2) This Continuing Disclosure Undertaking (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (b)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Commission filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that the Continuing Disclosure Undertaking (and the form and requirements of the Disclosure Information), as so amended or supplemented, will comply with the provisions of paragraph (b)(5) of the Rule, assuming that such provisions apply to the Bonds. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) this Continuing Disclosure Undertaking is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so the undertaking would satisfy the requirements of paragraph (b)(5) of the Rule. Dated: May 16, 2024 CITY OF BOZEMAN, MONTANA By ____________________________________ Mayor By ____________________________________ City Manager 122 Resolution No. 5591, Authorizing the Execution and Delivery of $2,280,000 General Obligation Bonds, Series 2024A CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. _____, entitled: “RESOLUTION RELATING TO $2,280,000 GENERAL OBLIGATION BONDS, SERIES 2024A; DETERMINING THE FORM AND DETAILS, AUTHORIZING THE EXECUTION AND DELIVERY AND LEVYING TAXES FOR THE PAYMENT THEREOF” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on April 23, 2024, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: ; voted against the same: ; abstained from voting thereon: ; or were absent: . WITNESS my hand officially this 23rd day of April, 2024. Michael Maas City Clerk 123 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 2159, Provisional Adoption, Rezoning Three Parcels from R-1, Residential Low Density District to R-2, Residential Moderate Density District (39.96 acres), and PLI, Public Lands and Institutions District (8.4 acres), the Jarrett Zone Map Amendment.; the Property is Located on the Northwest Corner and a Portion of the Southwest and Southeast Corner of West Graf Street and South 11th Avenue, Application 23047 MEETING DATE:April 23, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally Adopt Ordinance 2159 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 unanimously approved Application 23047 on June 6, 2023, to rezone three parcels from R-1, Residential Low Density District to R-2, Residential Moderate Density District (39.96 acres), and PLI, Public Lands and Institutions (8.4 acres) subject to contingencies for zoning. Final document and easements were received by the Applicant. The property consists of three parcels, two of which are located in the northwest corner of South 11th Avenue and Graf Street. A portion of the third parcel is located in the bottom of the northwest corner of South 11th Avenue and Graf Street which also extends into the area just south of Graf street on the east and west side of S 11th Avenue. The project site is currently undeveloped and there are no structures on the property. The site has been annexed for many years. Future development plans have been submitted to the city for this site. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission 124 FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: Ordinance 2159 - Jarrett ZMA.pdf 001.2 Jarrett Sub-ZMA(final).pdf Report compiled on: April 5, 2024 125 Ord 2159 Page 1 of 7 ORDINANCE 2159 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP ON THREE PARCELS FROM R-1 (RESIDENTIAL LOW DENSITY DISTRICT) TO R-2 (RESIDENTIAL MODERATE DENSITY DISTRICT) 39.96 ACRES, AND 8.4 ACRES AS PLI (PUBLIC LANDS AND INSTITUTIONS). THE JARRETT ZONE MAP AMENDMENT, APPLICATION 23047. 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 126 Ordinance No. 2159, Jarrett Zone Map Amendment Page 2 of 7 Bozeman City Commission that application No. 2 3047, the Jarrett Zone Map Amendment, be approved as requested by the applicant; and 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; 127 Ordinance No. 2159, Jarrett Zone Map Amendment Page 3 of 7 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 R-2 and PLI districts. 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. 23047 the Jarrett 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-2 (Residential Moderate Density District): Legal Description All that certain tract described as Lot 1, Block 1 of the Amended Plat of Lot 1, Block 9, Allison Subdivision Phase 4A (Plat ref. J-702) & the SE1/4NW1/4 Section 24 of C.O.S. 252 & C.O.S. 792 (Plat reference J-702A), together with Lot 3A, Block 1 of the Amended Plat of Lot 2, Block 7, Allison Subdivision Phase 4A (Plat ref. J-702) and Lot 3 of Amended Plat of Lot 1, Block 9, Allison Subdivision Phase 4A (Plat ref. J-702) & the SE1/4NW1/4 Section 24 of C.O.S. 252 & C.O.S. 792 (Plat ref. J-702A) as shown and described on Plat J-702B, together with adjacent lands located in Arnold Street, south 11th Avenue and West Graf Street, located in the Northeast 1.4, Southeast ¼, Southwest ¼ and Northwest ¼ of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully bounded and described as follows: Beginning at the CN1/16 corner of section 24, Township 2 South, Range 5 East, P.M.M., thence along the west line of the Northeast ¼ of said Section 24 South 01˚41’07” West, a distance of 66.61 feet to a point in the centerline of South 11th Avenue; thence in and along said centerline the two (2) following courses; 1) South 15˚09’19” West, a distance of 1006.04 feet; 2) South 03˚39’04” West, a distance of 177.82 feet to a point in the centerline 128 Ordinance No. 2159, Jarrett Zone Map Amendment Page 4 of 7 of West Graf Street; thence along said centerline of five (5) following courses; 1) South 89˚40’36” East, a distance of 240.51 feet; 2) South 89˚40’36” East, a distance of 133.20 feet; 3) along a curve turning to the right with an arc length of 131.44’, with a radius of 345.00’, with a chord bearing of South 78˚45’45” East with a chord length of 130.64’, with a delta angle of 21˚49’42”; 4) South 67˚50’54” East, a distance of 145.47 feet; 5) along a curve turning to the left with an arc length of 114.97’, with a radius of 345.00’, with a chord bearing of South 77˚23’42” East, with a chord length of 114.44’, with a delta angle of 19˚05’37”, Thence along the west line of Block 2 of Allison Subdivision Phase 3B (Plat reference J-608) the two (2) following courses; 1) South 32˚58’46” West, a distance of 53.40 feet; 2) South 24˚24’18” West, a distance of 220.76 feet to a point on the north line of Alder Creek Subdivision Phase 2; thence along the north line of Alder Creek Subdivisions Please 2 (Plat reference J-398), Phase 3 (Plat reference J-426), Phase 4 (Plat reference J-478), and Phase 5 (Plat reference J-479), respectively, the five (5) following courses: 1) North 89˚00’58” West, a distance of 396.71 feet; 2) North 89˚38’21” West, a distance of 192.96 feet; 3) North 89˚41’24” West, a distance of 94.01 feet; 4) North 89˚38’44” West, a distance of 290.66 feet; 5) North 89˚41’50” West, a distance of 768.24 feet to a point on the east line of Minor Subdivision No. 494; thence alon g said east line the two (2) following courses; 1) North 01˚00’14” East, a distance of 247.63 feet; 2) North 01˚07’32” East, a distance of 700.09 feet to the southwest corner of Lot 2, Block 1 of the Amended Plat of Lot 1, Block 9, Allison Subdivision Phase 4A (Plat ref. J-702) & the SE1/4NW1/4 Section 24 of C.O.S. 252 & C.O.S. 792 (Plat reference J-702A); thence along the south and east lines of said Lot 2 the two (2) following courses, respectively: 1) South 89˚19’59” East, a distance of 587.85 feet; 2) North 01˚07’32” East, a distance of 622.32 feet to a point on the south line of the Amended Plat of Lot 2, South University District Phase 2 (Plat J-605) known as ‘South University District Phase 3 Subdivision (Plat reference J-698); thence along said south line South 89˚19’59” East, a distance of 772.75 feet to the POINT OF BEGINNING. Said tract containing in area 39.96 Acres along with and subject to any existing easements. Section 3 That the zoning district designation of the following-described property is hereby established as PLI (Public Lands and Institutions): Legal Description All that certain tract described as Lot 2, Block 1 of the Amended Plat of Lot 1, Block 9, Allison Subdivision Phase 4A (Plat ref. J-702) & the SE ¼ NW ¼ Section 24 of C.O.S. 252 & C.O.S. 792 (Plat ref. J-702A), located in the Northwest ¼ of Section 24, Township 2 South, Range 4 129 Ordinance No. 2159, Jarrett Zone Map Amendment Page 5 of 7 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully bounded and described as follows: Beginning at the northwest corner of the herein described tract at the NW 1/16 corner of Section 24, Township 2 South, Range 5 East, P.M.M., said point being on the south line of the Amended Plat of Lot 2, South University District Phase 2 (Plat J-605) known as ‘South University District Phase 3 Subdivision’ (Plat reference J-695); thence along said south line South 89˚19’59” East, a distance of 587.85 feet to the northwest corner of Lot 3A, Block 1 of the Amended Plat of Lot 2 Block 7, Allison Subdivision Phase 4A (Plat ref. J-702) & Lot 3 of Amended Plat of Lot 1, Block 9, Allison Subdivision Phase 4A (Plat ref. J-702) & the SE ¼ NW ¼ Section 24 of C.O.S. 252 & C.O.S. 792 (Plat ref. J-702A), Plat reference J-702B; thence along the west line of said Lot 3A South 01˚07’32” West, a distance 622.32 feet to the northeast corner of Lot 1, Block 1, of the Amended Plat of Lot 1, Block 9, Allison Subdivision Phase 4A (Plat ref. J-702) & the SE ¼ NW ¼ Section 24 of C.O.S. 252 & C.O.S. 792 (Plat Reference J-702A); thence along the north line of said Lot 1 North 89˚19’59” West, a distance of 587.85 feet to a point on the east line of Lot 4, Block 1, Minor Subdivision No. 494; thence along said east line North 01˚07’32” East, a distance of 622.32 feet to the POINT OF BEGINNING. Said tract containing in area 8.40 Acres, along with and subject o any existing easements. Section 4 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 5 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 6 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 130 Ordinance No. 2159, Jarrett Zone Map Amendment Page 6 of 7 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 7 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 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 131 Ordinance No. 2159, Jarrett Zone Map Amendment Page 7 of 7 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on th e 23rd day of April 2024. ____________________________________ TERENCE CUNNINGHAM 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 7th day of May 2024. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 132 133 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 2160, Provisional Adoption, Rezoning the Eastern Half of Block 1 of Minor Subdivision 494 from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use District) Containing 21.481 Acres. The South Range Crossing (North) Zone Map Amendment; the Property is Located on the Northeast Corner of the Intersection of 19th Avenue and Graf Street, Application 23059 MEETING DATE:April 23, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally Adopt Ordinance 2160 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 unanimously approved Application 23059 on March 5, 2024 to rezone the eastern half of the property from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use District) containing 21.481 acres subject to contingencies for zoning. Final document and easements were received by the applicant. The site is currently undeveloped and there are no structures on the property. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: Ordinance 2160 - SRX (North) ZMA.pdf 001 ZMA Map (1).pdf 134 Report compiled on: April 11, 2024 135 Ord 2160 Page 1 of 6 ORDINANCE 2160 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP ON APPROXIMIATELY THE EASTERN HALF OF BLOCK 1 OF MINOR SUBDIVISION 494 FROM R-1 (RESIDENTIAL LOW DENSITY DISTRICT) AND R-2 (RESIDENTIAL MODERATE DENSITY DISTRICT) TO REMU (RESIDENTIAL EMPHASIS MIXED USE DISTRICT) CONTAINING 21.481 ACRES. THE SOUTH RANGE CROSSING (NORTH) ZONE MAP AMENDMENT, APPLICATION 23059. 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 January 22, 2024, the Bozeman Community Development Board in their capacity as the Zoning Commission 136 Ordinance No. 2160, South Range Crossing (North) Zone Map Amendment Page 2 of 6 recommended to the Bozeman City Commission that application No. 23059, the South Range Crossing (North) Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on March 5, 2024, 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; 137 Ordinance No. 2160, South Range Crossing (North) Zone Map Amendment Page 3 of 6 6. The Bozeman Zoning Commission, which responsibilities have been assigned to the Community Development Board, 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, Community Development Board 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. 23059 the South Range Crossing (North) 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 REMU (Residential Emphasis Mixed-Use District): Legal Description A tract of land in the SW1/4 NW1/4 of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully described as follows: Beginning at the NW 1/16th corner of Section 24 and being the Point of Beginning; thence South 0˚09’06” East along the 1/16th line for a distance of 1225.02 feet to the centerline of Graf Street per Yellowstone Theological Institute Minor Subdivision 494; thence along said centerline South 89˚05’06” West for a distance of 30.00 feet; thence along a curve to the left having a radius of 300.00 feet, a central angle of 26˚56’07” for an arc length of 141.03 feet and having a chord bearing of South 76˚23’31” West for 139.74 feet; thence along a curve to the right having a radius of 300.00 feet. A central angle of 26˚09’45” for an arc length of 136.99 feet and having a chord bearing of South 76˚00’20” West for 135.80 feet; thence South 89˚05’06” West for a distance of 457.20 feet; thence North 0˚36’42” 138 Ordinance No. 2160, South Range Crossing (North) Zone Map Amendment Page 4 of 6 West for a distance of 923.07 feet; thence along a curve to the right having a radius of 150.00 feet, a central angle of 47˚27’38” for an arc length of 124.25 feet and having a chord bearing of North 23˚07’07” East for 120.73 feet; thence North 46˚50’56” East for a distance of 60.01 feet; thence along a curve to the left having a radius of 150.00 feet, a central angle of 47˚33’14” for an arc length of 124.50 feet and having a ch ord bearing of North 23˚04’19” East for 120.95 feet; thence North 0˚42’18” West for a distance of 105.50 feet; thence North 89˚23’18” East for a distance of 624.08 feet to the Point of Beginning. Said description having 21.481 acres, along with and subject to any existing easements. 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 5 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 6 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. 139 Ordinance No. 2160, South Range Crossing (North) Zone Map Amendment Page 5 of 6 Section 7 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 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 140 Ordinance No. 2160, South Range Crossing (North) Zone Map Amendment 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 th e 23rd day of April 2024. ____________________________________ TERENCE CUNNINGHAM 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 7th day of May 2024. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 141 18S18S18S18S18S18S18S18S18S18S18S18S18S24W24W24W24W24W24W24W24W24W24W24W24W12W 12W 12W SD SD SD SD SD SD SD 18S18S10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10S 10S 10S 10S 10S 10S 10S 18SD18SDS SS S S S 30SD30SDR=300.00' L=136.99' Δ=26°09'45" CB=S76°00'20"W CH=135.80' R=300.00' L=141.03' Δ=26°56'07" CB=S76°23'31"W CH=139.74' S89°05'06"W 1050.03'S0°09'06"E 1225.02'N0°42'18"W 1293.56'N89°23'18"E 1360.23' S89°05'06"W 30.00'S0°36'42"E668.14'671.27'592.83'622.28'457.20'N0°36'42"W254.93'R=150.00' L=124.25' Δ=47°27'38" CB=N23°07'07"E CH=120.73' R=150.00' L=124.50' Δ=47°33'14" CB=N23°04'19"E CH=120.95' N46°5 0'56" E 60.01'N0°42'18"W105.50'©COPYRIGHT MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NO.DRAWN BY: FLD WK. BY: CHK. BY: DATE: 2024 Plotted by rosie nickelson on Apr/9/2024N:\5659\018 Providence - ZMA Blk 1 MS 494\ACAD\Exhibits\5659018-ZONE- MAP - SRX North Ex REMU.dwgSOUTH RANGE CROSSING (NORTH) EXISTING REMU ZONE MAP BOZEMAN MONTANA 5659.018 EX-1 JCW JCW MEE 04/2023engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 200SOUTH 19TH AVENUETHE SOUTH RANGE CROSSING (NORTH) EXISTING REMU ZONE MAP ZONE AREA SUMMARY LEGAL DESCRIPTION GRAF STREET YELL O W S T O N E T H E O L O G I C A L INSTI T U T E M I N O R S U B 4 9 4 LOT 1, B L O C K 1 - 1 5. 0 6 9 A C LOT 2MINORSUB 235ALLI S O N S U B PHASE 4 A, L O T 1PLAT J-702ABOZE M A N COMM U NI T Y P L A N FUTU R E L A N D U S E: RESID E N T I A L MIXED U S E BOZEM A N C O M M U NI T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D A Tract of land in the SW1/4NW1/4 of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully described as follows: Beginning at the NW 1/16th corner of section 24 and being the Point of Beginning; thence S.0°09'06" E. along the 1/16th line for a distance of 1225.02 feet to the centerline of Graf Street per Yellowstone Theological Institute Minor Subdivision 494; thence along said centerline S.89°05'06" W. for a distance of 30.00 feet; thence along a curve to the left having a radius of 300.00 feet, a central angle of 26°56'07" for an arc length of 141.03 feet and having a chord bearing of S.76°23'31" W. for 139.74 feet; thence along a curve to the right having a radius of 300.00 feet, a central angle of 26°09'45" for an arc length of 136.99 feet and having a chord bearing of S.76°00'20" W. for 135.80 feet; thence S.89°05'06" W. for a distance of 457.20 feet; thence N.0°36'42"W. for a distance of 923.07 feet; thence along a curve to the right having a radius of 150.00 feet, a central angle of 47°27'38" for an arc length of 124.25 feet and having a chord bearing of N.23°07'07" E. for 120.73 feet; thence N.46°50'56" E. for a distance of 60.01 feet; thence along a curve to the left having a radius of 150.00 feet, a central angle of 47°33'14" for an arc length of 124.50 feet and having a chord bearing of N.23°04'19" E. for 120.95 feet; thence N.0°42'18"W. for a distance of 105.50 feet; thence N.89°23'18" E. for a distance of 624.08 feet to the Point of Beginning. Said description having 21.481 acres, along with and subject to any existing easements.SOUTH 15TH AVEREMU ZONING:21.481 acres POINT OF BEGINNING EXITI N G Z O NI N G: R- 1 & R - 2 LOT 3, B L O C K 1 7.644 A C LOT 4, B L O C K 1 10.51 9 A C LOT 2, B L O C K 1.826 A C COMM O N O P E N SPAC E ALLIS O N S U B PHAS E 4 A, L OT 2PLAT J-702ALOT 1MIN OR SUB 235BLOT 1, BLOCK 3SOUTHUNI V E RSI T Y DISTRICT PH 3PLAT J-695CITY PARK 3SOUT H UNIVERSITYDISTRICT PH-3PLAT J-695 ARNOLD STREET 14TH AVENUEYELL O W S T O N E T H E O L O GI C A L INSTIT U T E MI N O R S U B 4 9 4 LOT 1, B L O C K 2 TRACT AMINORSUB 235ALOT 3MIN O R SUB 235ABOZE M A N C O M M U NI T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U NI T Y PLAN F U T U R E L A N D USE: U R B A N NEIG H B O R H O O D BOZEM A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D ALLISON SUBPHASE 4A, LOT 1PLAT J-702 AEXISTING ZONINGREMU 142 Memorandum REPORT TO:City Commission FROM:Alex Nordquest, Forestry Division Manager Mitch Overton, Director of Parks, Recreation, Cemetery, and Forestry SUBJECT:Mayoral Proclamation Proclaiming Arbor Day MEETING DATE:April 23, 2024 AGENDA ITEM TYPE:Administration RECOMMENDATION:Proclaim April 28, 2023 as Arbor Day in Bozeman, Montana. Urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and further, urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:A proclamation to celebrate Arbor Day is one requirement for Tree City USA designation through the Arbor Day Foundation. The Tree City Designation also states minimum requirements for items such as; minimum number of trees to be planted and maintained per capita, as well as funds spent per year on the city urban forest per capita. Meeting these requirements ensures that we continue to invest in our urban forest. 2024 marks Bozeman's 30th year as a Tree City USA community. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:None. Attachments: 2024 Mayoral Proclamation - Arbor Day 4-26-24.docx Report compiled on: April 16, 2024 143 Proclamation Regarding Arbor Day 2024 WHEREAS, in 1872, the Nebraska Board of Agriculture established a special day to be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS, Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees can be a solution to combating climate change by reducing the erosion of our precious topsoil by wind and water, cutting heating and cooling costs, moderating the temperature, cleaning the air, producing life-giving oxygen, and providing habitat for wildlife, and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products, and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS, trees –wherever they are planted –are a source of joy and spiritual renewal. NOW, THEREFORE, I Terry Cunningham, as Mayor of the City of Bozeman, do hereby proclaim Friday, April 26th as ARBOR DAY in the City of Bozeman, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. Signed and Proclaimed this 23rd day of April, 2024. _________________________________ Terence Cunningham Mayor Bozeman, Montana 144 Memorandum REPORT TO:City Commission FROM:Cassandra Tozer, Human Resources Director SUBJECT:Equal Pay Progress Report 2024 MEETING DATE:April 23, 2024 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:None. 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:Presentation in accordance with Resolution 4601, adopted in 2015. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Attachments: Equal Pay Progress Report 2024.pdf Report compiled on: April 16, 2024 145 To: Chuck Winn, Acting City Manager From: Cassandra Tozer, Human Resources Director Date: April 16, 2024 Re: City of Bozeman Equal Pay Progress Report On June 8, 2015, the Bozeman City Commission passed Resolution 4601, Equal Pay for Equal Work, which committed that the City of Bozeman (“City”) would work to collect data, identify best practices, evaluate employment practices against the “Thrive Index”, and commemorate Equal Pay Day annually. This year’s national Equal Pay Day was March 12, marking how far into this year women had to work, on average, to earn what men made last year. This is a minimal improvement from last year’s Equal Pay Day of March 12. Since the adoption of Resolution 4601, the City’s Human Resources Department has thoroughly analyzed and documented pay for existing employees and has continued to review, develop, and implement policies and procedures to ensure best practice. This report shows that overall, the City continues to make excellent progress in reducing the gender pay gap. Note all City data presented in this report includes regular, full-time employees as of December 31, 2023. This year’s progress report includes: A. City Employee Earnings, by Gender and Education, Compared with National Earnings B. City Full-Time Employees, by Gender & Department C. City Full-Time Employees, Top 25% Earnings details D. City Full-Time Employees, Bottom 25% Earnings details E. Policies and Practices to Impact Gender Pay Equity F. Historic Applicant and Employee Data Tracked for Specific Positions G. City of Bozeman Thrive Index assessment A. City Employee Earnings, by Gender and Education, Compared with National Earnings The Human Resources Department continues to analyze employee data to provide earnings information by gender and level of education. Data shows the City is performing significantly better than estimates at a national-level that compare gender and level of education. More importantly, data shows the City has consistently made improvements year over year from 2021 to 2023. According to the 2022 United States Census Bureau estimates (most recent data), on a national scale, women possessing graduate degrees earned just 70.4% of what men possessing graduate degrees earned. Women possessing Bachelor’s degrees earned 69.6% of what men possessing Bachelor’s degrees earned. Women with some college or an associate’s degree earned 69.8% of what men with the same education level earned, and women with a high school graduate-level education earned 70% of what men with the same education level earned. In comparison, City data shows that in 2023, women possessing graduate degrees earned 105% of what men possessing graduate degrees earned, the median annual wage for women being $105,754, and for men $100,571. Female City employees possessing Bachelor’s degrees in 2023 earned 86% of what men possessing Bachelor’s degrees earned, the median wage for women being $85,800, and for men $99,261. The wage gaps 146 for female City employees with some college or an associates degree, and high school graduate-level education did not vary significantly from 2022 to 2023, but do show significant improvements from 2021. Worth noting is the City’s 2023 median wage of $78,248 for female employees with a high school graduate-level education, compared to the 2022 national median for women with the same education level of only $30,411. Source: United States Census Bureau, American Community Survey, 2022 Source: City of Bozeman Human Resources Department $35,428 $43,403 $53,020 $78,869 $103,049 $23,370 $30,411 $36,994 $54,913 $72,582 $- $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 Less than high school graduate High school graduate (includes equivalency) Some college or associate's degree Bachelor's degree Graduate or professional degree MEDIAN EARNINGS IN THE PAST 12 MONTHS BY SEX BY EDUCATIONAL ATTAINMENT FOR THE NATIONAL POPULATION 25 YEARS AND OVER (2022) Women Men 71% 61% 76% 86% 95% 69% 83% 96% 96% 69% 86% 105% 0%20%40%60%80%100%120% High school graduate Some college or associate's degree Bachelor's degree Graduate or professional degree CITY OF BOZEMAN MEDIAN EARNINGS FOR WOMEN AS A PERCENT OF MEN'S BY EDUCATION ATTAINMENT 2023 2022 2021 147 B. City Full-Time Employees, by Gender and Department As of December 31, 2023, the City employed 448 full-time employees, 29.9% of which were female, only slightly higher than 2022’s 28.8%. The chart below shows the distribution of employees by gender across all City departments. The gender distribution across departments remained consistent between 2022 and 2023, with some minor fluctuations in various departments. Worth noting is the increase in female employees in the Bozeman Police Department. In 2023, 23.2% of Bozeman Police Department employees (including sworn and non-sworn) were female, up from 15.6% in 2022, and 12.7% in 2021. 2023 Employee Numbers by Gender Departments Female Male Total % Female City Manager 4 4 8 50.00% Community Development 14 18 32 43.75% Economic Development 3 6 9 33.33% Finance 10 4 14 71.43% Fire 4 50 54 7.41% HR 6 0 6 100.00% IT 0 9 9 0.00% Legal 14 1 15 93.33% Library 17 3 20 85.00% Municipal Court 7 2 9 77.78% Parks & Rec 13 26 39 33.33% Police 19 63 82 23.17% Strategic Services 6 10 16 37.50% Transportation & Engineering 11 63 74 14.86% Utilities 6 55 61 9.84% Total 134 314 448 29.9% 148 Source: City of Bozeman Human Resources Department C. City Full-Time Employees, Top 25% Earnings Details The information below shows the characteristics of the City’s top 25% of full-time employee wage earners. At 21%, women were a larger percentage of the top 25% of earners in 2023 than they were in 2022 when they represented 17.9% of the top earners at the City. As shown below, the percentage has increased consistently over the past five years. Education levels of the top 25% of earners has remained relatively consistent with 2022, with minor differences across all education levels. Union representation of the top 25% of earners has also remained relatively consistent with 2022, with slight increases in the MFPE and non-represented categories, and slight decreases in the Police and Fire categories from 2022 to 2023. Source: City of Bozeman Human Resources Department 74.2%74.0%73.7%71.2%70.1% 25.8%26.0%26.3%28.8%29.9% 0% 10% 20% 30% 40% 50% 60% 70% 80% 2019 2020 2021 2022 2023 City Employees by Gender Male Female 92.6%89.4%86.7%82.1%80% 7.4%10.6%13.3%17.9%21% 0% 20% 40% 60% 80% 100% 2019 2020 2021 2022 2023 City Top 25% Earners by Gender Male Female 149 Source: City of Bozeman Human Resources Department Source: City of Bozeman Human Resources Department D. City Full-Time Employees, Bottom 25% Earnings Details The information below shows the characteristics of the City’s bottom 25% of full-time employee wage earners. At 42% in 2023, the percentage of women in this category remains consistent with 2022. However, the past five years shows a positive downward trend. Education levels of the bottom 25% of earners has remained relatively Graduate, 25.9% Bachelors, 39.3% Associates, 13.4% Some College, 13.4% High School Diploma/GED, 8.0% Less Than High School, 0.0% 2023 City Top 25% of Earners by Education Level 0.0%3.8% 57.5% 19.8%18.9% 0.0% 4.5% 62.5% 16.1%17.0% 0% 10% 20% 30% 40% 50% 60% 70% Teamster MFPE Non-Rep Police Fire City Top 25% Earners by Union Representation 2022 2023 150 consistent compared with 2022. Additionally, union representation of the bottom 25% of earners has remained relatively consistent compared with 2022, with a small increase in the Teamsters and Police categories, and a small decrease in the MFPE category. Source: City of Bozeman Human Resources Department Source: City of Bozeman Human Resources Department 51.6% 56.4%59.2%57.5%58.0% 48.4%43.6%40.8%42.5%42.0% 0% 10% 20% 30% 40% 50% 60% 70% 2019 2020 2021 2022 2023 City Bottom 25% Earners by Gender Male Female Graduate, 7.1% Bachelors, 47.3% Associates, 9.8% Some College, 6.3% High School Diploma/GED, 29.5% Less Than High School, 0.0% 2023 City Bottom 25% of Earners by Education Level 151 Source: City of Bozeman Human Resources Department E. Policies and Practices to Impact Gender Pay Equity The Human Resources Department continues to review and update policies and procedures to ensure best practice and pay equity. The City has continued to offer paid parental leave, providing a total of 3,938 hours in 2023, similar to 2022’s paid parental leave hours totaling 4,311. As healthcare costs have continued to increase in recent years, the City continues to offer a health insurance plan option providing family coverage at no cost to the employee. Efforts in these areas continue to have positive impacts on recruitment and retention, particularly among female employees and applicants. The Human Resources Department continues to administer pay and benefits utilizing best practices. Pay discrepancies within job classifications are explained by data in the City’s Human Resources Information System, and often point to the number of years the incumbent has been in the position and their level of education and experience at the time of hire. Annual pay increases are based on rates negotiated within applicable collective bargaining agreements for represented employees, and established steps within pay ranges for non-represented employees and are applied equally. In efforts to provide transparency, pay rates continue to be publicly available for all positions, and there is no prohibition or punishment for discussing pay with anyone, including co-workers, supervisors, and Human Resources. F. Historic Applicant and Employee Data Tracked for Specific Positions 1. Female Applicants for Police Officer Positions: The Bozeman Police Department (BPD), like other agencies nation-wide, has seen a decrease in the overall number of applications received for police officer positions. However, in 2023, the BPD saw a 131% increase in female applicants for the position of police officer from 2022 to 2023. 47.2%49.1% 3.8%0.0%0.0% 49.1% 43.8% 3.6%3.6%0.0% 0% 10% 20% 30% 40% 50% 60% Teamster MFPE Non-Rep Police Fire 2023 City Bottom 25% Earners by Union Representation 2022 2023 152 Source: City of Bozeman Human Resources Department 2. Female Police Officers on Staff: The City is seeing a positive upward trend in the number of female police officers on staff. The number of female police officers on staff increased by 100% from 2022 to 2023. Source: City of Bozeman Human Resources Department 14 14 56 16 37 0 10 20 30 40 50 60 2019 2020 2021 2022 2023 Female Police Officer Applicants 5 4 5 6 12 0 2 4 6 8 10 12 14 2019 2020 2021 2022 2023 Female Police Officers on Staff 153 3. Female Applicants for Firefighter Positions: The Human Resources Department began tracking this data in 2019 and the Bozeman Fire Department (BFD) did not have a recruitment in 2020. While the BFD has seen an increase in female applicants for firefighter positions since 2021, the number of applicants remained consistent from 2022 to 2023. Source: City of Bozeman Human Resources Department 4. Female Firefighters on Staff: The City’s first two female firefighters were hired in 2019. In addition to the two the City has retained since 2019, one additional female firefighter was hired in 2023 and remains on staff. Source: City of Bozeman Human Resources Department 3 7 7 0 1 2 3 4 5 6 7 8 2021 2022 2023 Female Firefighter Applicants 2 2 2 2 3 0 1 2 3 4 2019 2020 2021 2022 2023 Female Firefighters on Staff 154 5. Female Teamsters Employees on Staff: The number of female employees represented by the Teamsters union (Transportation & Engineering/Utilities/Parks/Facilities) increased by 22% from 2022 to 2023. Source: City of Bozeman Human Resources Department G. City of Bozeman Thrive Index Assessment The City continues to review and uphold the objectives set forth in the Thrive Index, as hiring and employment practices are designed to be fair and equitable to all applicants and employees. In recent years, the City has consistently scored well on this assessment. CITY OF BOZEMAN AND THE THRIVE INDEX Adequate wages and benefits City of Bozeman Comment Are part-time workers paid the same (per hour, including benefits) as full-time workers performing the same or similar tasks? Yes Differences exist between represented part-time and non- represented part-time employees. Are most part-time workers guaranteed a minimum number of hours per week? If not, are there ways they could be? Yes Are workers who remain on the job for a specified period of time eligible for a pay increase? Yes Are workers who remain on the job for a specified period of time eligible for paid sick leave for themselves or to care for a family member? Yes 7 8 7 9 11 0 2 4 6 8 10 12 2019 2020 2021 2022 2023 Female Teamsters Employees on Staff 155 When job-skill demands or responsibilities increase, are wages adjusted upward? Sometimes The City works to ensure employees are working within their class specifications. Reclassifications and/or promotions are the avenue for pay increases, and department heads request those during the annual staffing plan and budget process. Are workers paid for their entire scheduled shift, even if business is slow? Sometimes Non-exempt employees are paid for the hours they work. Shifts are not typically cut short, but if there is an urgent need to close a facility, employees would not be paid for the closure. In this type of circumstance, the City would make a reasonable effort to look for work in other departments/facilities for the affected employee(s). This rarely happens. Are hourly wages higher for nonstandard shifts, such as nights or weekends? Sometimes Employees are eligible for “shift premiums” and other types of additional compensation such as “call-out pay”, in accordance with the applicable collective bargaining agreement. Opportunities for Upward Mobility Do low-wage workers have opportunities for on-the-job or cross-task training or outside educational opportunities that can lead to upward mobility? Yes Can schedules accommodate workers’ pursuit of educational opportunities? Sometimes The City makes every effort to accommodate employees’ requests for time off and/or modified schedules in order to support educational opportunities. When the education is considered relevant and/or necessary for the employee’s position, the employee may be allowed paid time to study, etc. Based on the need to efficiently and 156 safely operate City business, not every request can be granted every time. When skill demands or job responsibilities increase, is training provided for newly assigned tasks? Yes Can workers cross-train in different areas to increase their flexibility and value to the company (recognizing that outsourcing of some functional areas or other factors may prohibit this)? Yes Are there opportunities for upward mobility within the company that do not require geographic relocation? Yes Support for personal and family needs Can worker breaks be scheduled to accommodate the need for phone calls at pre-specified times for working caregivers? Yes Are occasional calls for urgent matters allowable? Can children or caregivers call an employee at work when necessary? Yes Are workers who remain on the job for a specified period of time eligible during their regular work hours to care for their health or a family member’s without losing pay (e.g., able to leave for an hour or two for a trip to the doctor)? Yes Can personal time be taken in small increments of an hour or two (for doctor’s appointments, parent-teacher conferences, educational opportunities, etc.)? Yes Do you offer paid or unpaid maternity or paternity leave for workers? Is the length of this leave negotiable? Yes Work scheduling, predictability, and flexibility Is there a systematic way for workers to communicate their preferences for hours and schedules? If not, could some such system be implemented? Yes Does the shift/hours scheduling system take account of workers’ constraints and preferences? Yes Are work schedules announced more than a day or two in advance? Can workers trade shifts with colleagues when time conflicts develop (allow “shift-swapping”)? Yes If workers are asked to stay beyond the end of scheduled shifts to finish assignments or for administrative procedures, are they given advance notice of when this may be required? Yes 157 Does the measured workload take into account the quality or difficulty of tasks along with simpler measures of the number of customers, clients, or patients? Yes Autonomy, respect, and trust Are workers protected from “no-fault” absence or tardiness policies (ones that lead to disciplinary actions or dismissal, even for excused absences)? Yes Are workers allowed or encouraged to contribute ideas to better organize or improve their work teams or work areas? Yes Can workers occasionally make personal phone calls? Yes 158 Memorandum REPORT TO:City Commission FROM:Jessica Ahlstrom, Water Conservation Program Manager Shawn Kohtz, Director of Utilities Danielle Garber, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Ordinance 2155 to Revise Chapter 38 and 40 of the Bozeman Municipal Code to Include Required Water Efficient Landscape and Irrigation Performance and Design Standards MEETING DATE:April 23, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Consider the Motion: Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23343, and move to provisionally adopt Ordinance 2155. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND: Bozeman has a long history of proactive planning for water resource management. Many planning documents and initiatives highlight the importance of water conservation as a means to ensure a reliable water supply for the future. This includes but is not limited to the 2013 Integrated Water Resources Plan, 2020 Community Plan, 2020 Climate Plan, and 2023 Water Conservation and Efficiency Plan. See the attached staff report for further information. On February 15, 2022, the City Commission held a work session[External Link] to consider water efficient landscape and irrigation performance and design standards (standards) for new development to help ensure Bozeman achieves sustainable growth and maintains an adequate water supply. The City Commission at that time directed staff to develop water efficient landscaping standards that result in the greatest water savings. Standards were developed by reviewing standards implemented in other supply-constrained Western states, evaluating industry best management practices, considering the financial impacts of the standards, analyzing Bozeman’s water use trends, identifying achievable savings through the implementation of various standards, and engaging with 159 community members The ordinance, if adopted as proposed, will help Bozeman achieve sustainable growth and further the water conservation goals and priorities outlined in the 2013 Integrated Water Resources Plan[External PDF] and 2023 Water Conservation and Efficiency Plan[External PDF]. For more information see the Executive Summary and Appendix A in the attached staff report. The proposed landscape and irrigation standards will only apply to new development projects. None of the proposed standards will require existing landscaping and irrigation to be retrofitted. The Community Development Board (CDB) made a recommendation of approval at their April 1, 2024 meeting after considering the draft ordinance and comments, and reviewing the required criteria for decision. The full video of the meeting may be found in the Laserfiche Archive[External Link]. In addition to passing the main motion to approve 7-1, the CDB offered three amendments to the recommended motion of approval: Amending motion no. 1. To change the definition of temporary irrigation from a maximum life of 2 years to 3 years. This motion passed 8-0. Staff has chosen to incorporate amending motion no. 1 into the manual. Amendments are on page 5 and 42 of the manual and include the following language: Page 5: Duration of establishment period. The establishment period may not exceed three years unless otherwise approved by the review authority. Page 42: The plan for disabling any temporary irrigation must be provided to the entity responsible for irrigation maintenance. Establishment period is a maximum of three growing seasons. Amending motion no. 2. A second proposed amendment to the recommended motion of approval to reduce the landscape plant coverage requirement from 60% to 25%. Discussion included needing some more details regarding what that would mean with analysis from staff. The motion failed 2-6. Amending motion no. 3. A third proposed amendment to request that the minimum turf percentage allowed be increased as a lot size decreases, so that for all uses, a sufficient amount of turf will be permitted for all lots in the city. This motion passed 8-0. In response to recommendation 3 by the Community Development Board, staff has provided additional analysis and options in Appendix A of the attached staff report under Unresolved Issues – Minimum Turfgrass Discussion. A question and some discussion was provided by board members regarding impacts to usable open space and limits to turfgrass in the proposed standards. An analysis of existing open space requirements in the 160 development code is provided in Appendix A of the attached staff report under Effect on Usable Open Space. Related to one of the board’s questions, staff has also amended the manual to remove the height of a historic or established tree as the basis for the historic preservation departure, moving instead to consider the value and extent of canopy coverage provided by the preserved tree. The revised language is on page 7 of the manual and includes the following: The allowance of up to 15% additional turfgrass, or its equivalent water use, is based off tree canopy area. The additional turf allowed is equal to 30% of the area provided by the tree’s canopy, per tree. For example, one tree with a 30’ canopy allows for 215 square feet of additional turf. Project documents are available at this direct link to the public Laserfiche archive[External Link] for application 23343 with direct links to individual documents provided below: Ordinance 2155[External Link] - Water Efficient Landscape Ordinance. Contains the proposed language for the Chapter 38 and Chapter 40 amendments. There are no changes to the proposed ordinance following CDB review. Draft Resolution 5586[External Link] – City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. Contains the resolution language adopting the Manual, and draft manual. This draft manual is integral to the proposed ordinance and is proposed to be adopted at a later date pursuant to a resolution with final adoption of the ordinance Additional materials are also available on the Water Conservation website page for the proposed standards. UNRESOLVED ISSUES: Does the Commission wish to implement recommendation 3 from the Community Development Board setting a minimum or maximum allowed amount of turfgrass as lot sizes decreases? Further discussion on this issue is provided in the Community Development Board Summary and Appendix A in the attached staff report. ALTERNATIVES:See attached staff report. FISCAL EFFECTS: None at this time related to the text of this amendment. Two staff positions have been approved and filled to support the implementation of the proposed standards. Attachments: 161 23343 Staff Report CC.pdf Report compiled on: April 11, 2024 162 Page 1 of 40 23343 Staff Report for the City of Bozeman Water Efficient Landscape Ordinance, Ordinance 2155 Public Hearings: Community Development Board – April 1, 2024 City Commission – April 23, 2024 Project Description: Amend the Bozeman Municipal Code (BMC) Chapter 38 to include regulation of landscape and irrigation design and performance to reduce the City’s outdoor water use. Project Location: Revisions to the text are applicable city-wide in all zoning districts and in new developments per Chapter 38 – Unified Development Code (UDC). Recommendation: Meets applicable criteria for approval. Community Development Board Motion: The Community Development Board considered application 23343 on April 1, 2024 and the motion and discussion is provided below in the Executive Summary. City Commission Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23343, and move to provisionally adopt Ordinance 2155. Report: April 10, 2024 Staff Contact: Jessica Ahlstrom, Water Conservation Program Manager Danielle Garber, Senior Planner Agenda Item Type: Action – Legislative 163 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 2 of 40 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................3 Project Summary .............................................................................................................3 Unresolved Issues ............................................................................................................4 Public Comment ..............................................................................................................4 Community Development Board......................................................................................4 Alternatives ................................................................................................................... 12 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 13 SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS - ZONING ... 13 Section 76-2-304, MCA Zoning Regulations Criteria (A-K) .......................................... 14 PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................ 20 SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS - SUBDIVISION ................................................................................................................... 21 Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) ............. 21 Section 76-3-102, MCA (Subdivision Purposes) ............................................................ 22 Section 76-3-501, MCA (Subdivision Purposes) ............................................................ 23 APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION .............. 25 Water Conservation Program Background ..................................................................... 25 Bozeman’s Water Supply Challenges and Outdoor Water Use Trends ........................... 26 Water Efficient Landscape Ordinance Project Background ............................................ 27 Water Efficient Landscape Ordinance ............................................................................ 28 Landscape and Irrigation Performance and Design Standards Manual ............................ 32 Effect on Usable Open Space ......................................................................................... 35 Unresolved Issue - Minimum Turfgrass Discussion ....................................................... 37 APPENDIX B - NOTICING AND PUBLIC COMMENT ................................................... 39 APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 39 FISCAL EFFECTS ............................................................................................................. 39 ATTACHMENTS ............................................................................................................... 39 164 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 3 of 40 EXECUTIVE SUMMARY This report is based on the proposed ordinance text, Community Development Board input, and public comment received to date. Project Summary On February 15, 2022, the City Commission held a work session to consider water efficient landscape and irrigation performance and design standards (standards) for new development to help ensure Bozeman maintains an adequate water supply. The City Commission directed staff to develop water efficient landscaping standards that represent a best-in-class extensive and proactive set of standards resulting in the greatest water savings. Standards were developed by reviewing national and supply-constrained western state standards, considering the financial impacts of the standards, analyzing Bozeman’s water use trends and achievable savings through the implementation of various standards, and engaging with community members. Engagement efforts are described in Appendix A. The proposed landscape standards are intended to reduce the installation of high water use turfgrass, ensure adequate soil quantity and quality that supports healthy plants and reduces water use, and increase the installation of drought adapted landscaping in future development. The standards include limits on the amount of turfgrass permitted to be installed in new development. Two separate project/plan approval ‘pathways’ have been developed for project applicants to choose from to meet future landscaping requirements. These pathways are intended to provide 1) a simple pathway to receive design approval and, 2) a pathway to accommodate greater design flexibility. The irrigation standards are intended to ensure that irrigation systems installed in future development projects achieve water use efficiency through proper design and performance. The standards include requiring high efficiency irrigation nozzles, weather-based irrigation controllers, adequate operating pressure, proper ‘hydrozoning’ aligned with industry best management practice and prohibiting overhead spray irrigation in narrow landscaped areas prone to runoff and water waste. As proposed, project applicants subject to the City’s plan review process will be required to submit an irrigation design plan as well as irrigation scheduling parameters to demonstrate efficiency. Due to the level of detail included in the standards and regular evolution of equipment and data, the standards are outlined in a proposed Landscape and Irrigation Performance and Design Standards Manual (The Manual or Performance Manual) which is referenced by the ordinance and linked below. The proposed landscape and irrigation standards will only apply to new development projects. None of the proposed standards will require existing landscaping and irrigation to be retrofitted. Residents interested in retrofitting their landscape to be more water efficient 165 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 4 of 40 may utilize City rebate incentives and educational resources to improve landscape water use efficiency through the installation of high efficiency irrigation components and drought tolerant landscaping, and the removal of high water use turfgrass. The ordinance, if adopted as proposed, will help Bozeman achieve sustainable growth and further the water conservation goals and priorities outlined in the 2013 Integrated Water Resources Plan and 2023 Water Conservation and Efficiency Plan. The implemented standards are estimated to save 421 million gallons of water annually in the year 2040, which is enough water to support 5,164 new single households, or 10,238 multi-household units. Unresolved Issues Does the Commission wish to implement recommendation 3 from the Community Development Board setting a minimum allowed amount of turfgrass. Further discussion on this issue is provided below in Appendix A below under Unresolved Issue – Minimum Turfgrass. Public Comment Written public comment will be archived and available through the project folder in the City’s Laserfiche archive. Comments provided orally at public meetings will be available through the recordings of those public meetings. Links to the Community Development Board (CDB) recording are available in this report. No written public comment has been provided as of the as of the date this report was written. Public comment was received at the CDB meeting and is summarized below. Community Development Board The Community Development Board (CDB) made a recommendation of approval at their April 1, 2024 meeting after considering the draft document and comments, and reviewing the required criteria for decision. The full video of the meeting may be found in the Laserfiche Archive. Community development staff, Danielle Garber, provided a high level overview of the proposed changes and a summary of how existing plan review processes would be impacted by the code amendments and associated design performance manual. In addition to this overview, the statute criteria for evaluating zoning and subdivision regulation changes was provided and are detailed in Section 2 and Section 3 of this report; as well as, a summary of public comment and the staff recommendation of approval based on the criteria presented and public comment. Water Conservation Program Manager, Jessica Ahlstrom, provided an introduction to where the City’s water comes from, a closer look at the planning documents influencing the proposed changes including the 2013 Integrated Water Resources Plan and the 2023 Water Conservation and Efficiency Plan. Additionally, water supply and demand figures were 166 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 5 of 40 presented that gave an overview of the City’s reliable water supply based on the City’s present water rights portfolio, and future demand projections. Project goals as established by the Commission were discussed in detail and include reducing outdoor water use, improving water supply reliability, maintaining plan review time expectations, minimizing impacts to affordability, and providing resources to aid in and support compliance. Specific methods to reduce outdoor water use include ensuring adequate topsoil, limiting the installation of high water use turfgrass, requiring drought resilient landscaping and efficient irrigation components, and ensuring health and longevity of the City’s tree canopy. Current outdoor water use trends, additional project background including the City Commission work session in February of 2022, a list of engagement efforts, and community input received to date was discussed. Specific requirements in the landscape and irrigation standards manual was also presented including exemption and departure criteria, and requirements and review processes by type of application. Resources within the manual were also highlighted including a plant list, a water budget calculator, the sketch plan self-certification form, and the installation certificate of completion. The qualitative benefits of the proposed standards were emphasized. Questions to staff Following the presentation, questions from board members included the following: How has retrofitting existing landscapes been considered?  Could the new requirements be applied to retrofitting in the future? Staff explained the history of the Water Conservation program to date including the outreach and education programs that have been utilized for reducing water consumption and the successes there. When staff looks at retrofitting requirements in other municipalities, e.g. requiring removal of turfgrass, staff said that they would evaluate that at a future point in time if perhaps more drastic measures were needed. Staff later on clarified that all existing retrofitting incentives will still be available. Billing rates and price signaling.  Has increasing billing rates to drive down outdoor water use been considered? Staff explained how the current tiered rate structure works for the single household rate class and the inclining block rates utilized. This was the City’s first big price signaling policy which helped to educate the public on the true cost of water. There are opportunities to change the rate structure, but an additional rate study would be needed. Budget rates may also be an option in the future.  Could water used for irrigation be metered separately, meters only for outdoor water use that have separate pricing? Staff explained that was an option presented in the 2023 Water Conservation and Efficiency Plan, but was ultimately not utilized largely due to the administrative burden associated with additional staff that would be needed to administer and oversee that program from the water and sewer operations division, 167 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 6 of 40 and the cost of doubling all the water meters needed balanced against the quantity of water expected to be conserved. What’s driving increased outdoor water consumption within new single household development and how were project goals determined?  Does staff think that turf or younger plants are the reason for increased outdoor water consumption in newer homes, or is it that irrigation systems in new homes drive up water consumption? Staff explained that it’s hard to say definitively. Across multiple questions staff explained that the standards as proposed are currently based on the water needs of individual plants and not how much a property owner or manager chooses to water them. However, education will always be a big priority within the Water Conservation Division. The proposed ordinance and manual does have language requiring a peak season irrigation schedule and a watering schedule for the established landscape to be included with the irrigation controller so that any individual in charge of maintaining an irrigation system will have that available to aid in landscape management decisions.  Is the goal of the policy to reduce outdoor water use or turfgrass? Staff explained that the proposed standards are trying to do both and that turf in new developments is typically irrigated with a permanent irrigation system, so in order to achieve water conservation goals, we need to reduce the installation of high water use turfgrass. The option of changing how people irrigate their turfgrass vs. limiting turfgrass was also asked. Staff explained that the general outreach and education efforts to date have focused on how much to water turfgrass landscapes. Watering schedules, as well as sprinkler system assessments, are currently provided for free to the public help reduce outdoor water use.  How does the city’s current code requirement for maintenance come into play? Staff explained that there is a difference between healthy and overwatered. Board members also commented about how individual property owners’ association requirements also come into play.  Are irrigation systems required with the existing and new code? Staff explained the existing code does not require irrigation for sketch plans (single-four household projects), but does require irrigation for site plans and larger projects. The new code does introduce the option for temporary irrigation for plant establishment.  How long would temporary irrigation, as allowed in the manual, be used for? Staff explained it depends on the plant material. Native or drought tolerant seed mix takes two seasons to establish. Drought tolerant perennials are about the same, the manual does assume a two year establishment period. Burdens on the city, developers, and homeowners.  Two FTEs have been added to city staff to oversee review of these proposed standards during the development review process. How many reviewers does 168 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 7 of 40 Community Development currently have and are we increasing the regulatory burden of the approval process? Staff explained that the review by the Water Conservation Division will occur within the regular flow of the Development Review Committee which also includes other departments such as Engineering, Fire, and Building, and review would not be affected in terms of timeliness, and that all reviews happen within the same existing timeline. Later on, a board member asked a similar question regarding how much additional process and how much bigger the “regulatory hoop” is getting. Staff responded that no additional city development review process is proposed, and review of the new proposed standards (like topsoil and planting requirements) will not change the process other than another person is going to sit on the Development Review Committee and review building permits. Staff clarified that landscape plan submittal requirements are only changing in that more detail will be required on the plans, not that new landscaping plans would be required where they previously were not. An irrigation submittal requirement will be required. For sketch plans, one more form is now proposed to be added to the process. The level of details required in the new plans reflect what some landscape design firms are already doing so it will come down to the specific firm to identify any burden associated with the proposed standards. Education efforts and supplemental resources are being developed to help with elements being changed.  When are the new landscape standards triggered with redevelopment and additions? Staff explained that when a project exceeds 20% change per criteria in 38.230.040.C the review process changes from sketch plan to site plan. There are also design standard triggers within the site plan process at different increments of change to the building footprint and the new standards apply only to new landscaping once a building addition exceeds 20% up to 50% and if you exceed 50% added building footprint then all landscaping is required to comply. Additional irrigation standards come into play with the level II improvements described above and are included below with the staff response.  Are there any additional sources of water that could become available for the city to expand water rights? Staff explained what a closed basin is, that no new surface water right appropriations are available, as they have all been appropriated or spoken for unless an individual is willing to sell. The 2013 Integrated Water Resources Plan (IWRP) outlines all the recommendations for future supply development including evaluating the feasibility of developing a groundwater supply to supplement the City’s water supply, and purchasing shares in Hyalite Reservoir if any owners are willing to sell. The IWRP is the driver for all the options the City has been evaluating. Further discussion on purchase of water rights including a question about the cost of these rights was posed. Staff explained current prices based on the City’s water adequacy requirement and how much supply that fee amount buys. Acquiring water rights still requires a change process with the Department of Water Resources and 169 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 8 of 40 Conservation which adds complexity to acquiring water rights, so many water rights that may be purchased might not be usable for municipal purposes once that process occurs.  How will we track the effectiveness of the ordinance? Staff explained that the city would look at water consumption use patterns and disaggregate the outdoor use from the indoor use combined with the design plans on record. If the applicant pursues the water budget approach, the performance approach, staff will know exactly how much water is needed for that landscape. If they pursue the prescriptive, percentage based approach, an irrigation water requirement benchmark is still required. So, either way we would have the information to compare against to see if the standards are effective. Staff will also use aerial imagery to identify the prevalence of turfgrass in new development. The City has tracking tools to understand if the City is on track to close the projected gap between reliable water supply and demand.  Fairness and equity for residents that own smaller lots getting a smaller total amount of turfgrass than those that own larger lots. Could there be any minimum or maximum standards that allow homes with smaller lots to have more turf based on their limited landscaped area? Staff said that the percentage of turf is based on the amount of landscaped area. Some municipalities identify either a lot size or landscaped area size and if the landscaped area is below a certain threshold certain standards would apply with a general maximum total area, not a percentage.  How does the amount of turfgrass required relate to open space standards? Staff explained how open space standards for multi-household development can occur in a number of ways to accommodate other functional uses on the site including parking, stormwater retention, setbacks, etc. and those open space areas can be indoors in areas such as gyms or clubhouses, or on individual patios, but the percentage of turfgrass allowed is based on landscaped area on the lot not the size of the lot. Other questions related to project specifics.  Are there any other innovations available, aside from “astro-turf” or artificial turf to help with conservation? Staff explained that no technologies come to mind that could replace turf, such as functional turf for recreational purposes. Functional turf is needed for a specific purposes, if the grass is only used when it’s mowed it’s not considered functional.  Why does this proposal include a departure which allows a 15% turf bonus for historic preservation for mature tree preservation, is there an alternative for encouraging tree preservation without allowing for more turf, and why is the height of the tree used to determine that departure? Staff answered that an increase in the amount of turf is not the only departure available, and that a general departure for established vegetation is also available to encourage the preservation of established vegetation, whether that’s native plants or big trees. Staff will consider including 170 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 9 of 40 caliper of a mature trees, or value of canopy provided by that tree type in evaluating alternatives.  Questions about the 60% plant coverage requirement proposed in the amendments and why the city does not want to allow 0% plants such as with xeriscaping. Staff elaborated, currently code requires 75% of landscape plant coverage. That is difficult to achieve when turfgrass is limited. Through community engagement, a 60% plant coverage requirement within the landscaped area was identified as a way to balance livability with efficiency. Additional clarification on current xeriscaping allowance and proposed xeriscaping requirements is included below with the staff response. Public comment Following the question and answer session public comment was received from hearing attendees and was available remotely. The following public comments were provided: - Daniel Carty, 213 N. 3rd Avenue commented that the city is facing a huge water issue with a finite water supply and infinite demand. If you build a pipeline you will still have a finite water supply. Mr. Carty commented on the different city initiatives including groundwater wells to increase water supply and how the cumulative effects of those initiatives are unknown on the valley’s aquifers. He suggested updating the 2013 Integrated Water Resources Plan to include looking at how cash-in-lieu of water rights is handled and the cumulative effect on our valley from growth and the availability of resources like water. He said this presentation is highly detailed and will certainly help, but he noted that more needs to be done to make this specific proposal successful and we need to look at the bigger picture as well. - Troy Scherer, owner of Design 5 a landscape architecture firm. Mr. Scherer provided public comment on the following topics: o He was involved in the development of the standards, and consulted during public engagement. o He has sent employees to the Water Conservation Division irrigation training courses. Feels deeply rooted to helping to find solutions to this issue. o Soil quality is a huge piece of the lawn discussion. This code helps address this soil quality issue and the need for better soil. o Old lawns started somewhere, probably with garden hose sprinklers which was likely way less efficient. o In terms of temporary irrigation, 3 years is the benchmark that Design 5 uses. There is a saying he uses with all his clients related to Montana landscapes - the first year they sleep, the second year they creep, and third year they leap. That’s the timeline he suggests. o These requirements will make new development more efficient. That future new development will someday be the old areas of town and it will be much more efficient than doing nothing. He states that he doesn’t want to subscribe to the 171 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 10 of 40 idea that if this code isn’t perfect we shouldn’t try, we should always try and always push and this is better than where the old part of town started. o Supported price signaling and says that is when people start to pay attention. o Reducing lawns is great, not just for water consumption but also for reducing mowing which uses gas, and reducing weed control chemicals, as well as increased groundwater recharge benefits. o Based on his work in other drier parts of the country he thinks that in the future we will likely need to require lawn removal and many areas are dealing with this, not just Bozeman. o Park requirements are moving in the right direction with more native grass and less and less lawn, lawn should only be where it does the greatest good for the public. o Design 5 estimates they will be spending $8,000 in additional irrigation work on an 80 million dollar project and that is only 1/10,000th of project budget. o The additional staff needed, he wants to emphasize they get applied across 100's of projects. o Public comment is limited, he believes this because it doesn’t impact existing homeowners. He passed the proposed changes along to all of his developer partners and no one has asked for more information after he initially explained the new proposed code requirements. Motions and discussion Following public comment the board moved toward motions and discussion. The recommend motion was moved and seconded. Discussion included support for the proposed amendments and that the proposed text amendments and manual are moving the city in the right direction and this is important to the viability of the community. Board members emphasized the goals and objectives of the community plan and also the subdivision review criteria that support the proposed amendments, and wanted to provide some motions that would provide specific guidance to staff and the City Commission. Board members also complimented the community outreach and number of times this has been relayed to them both as board members and during their work within the local design community. Further discussion commended staff’s responses to on the fly code questions and staff’s ability to present technical issues in an understandable way. Support was provided for the two compliance paths proposed, both the prescriptive and performance paths, which allows flexibility while maintaining predictability. Board members questioned whether temporary irrigation was cost effective, and how much the regulatory compliance will affect single household property owners and not necessarily the larger projects. Comments included how this may affect affordable housing efforts and general housing costs in Bozeman. Board member Egge commented that the proposed amendments target the wrong thing, which is turfgrass, and irrigation system should be targeted instead. Further comments 172 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 11 of 40 included that irrigation systems should be discouraged as well, outlining the ways that these systems are harmful in terms of the amount of plastic involved with their installation and the short life span of some systems. Board Member Happel supports the motion and proposed amendments which he sees are in compliance with state law and the City’s growth policy, however he suggested that instead of being so highly prescriptive the city simply charges more for water in order to achieve water conservation goals. Amending motion no. 1. Board Member Egge provided a motion to amend the recommended motion to change the definition of temporary irrigation from 2 years to 3 years as was suggested in the public comment. This motion was seconded, and further clarified that the motion is to amend the board’s recommendation for temporary irrigation from a maximum life of 2 years to 3 years. This motion carried unanimously 8-0. Amending motion no. 2. Board Member Egge provided a second proposed amendment to the recommended motion to reduce the landscape plant coverage requirement from 60% to 25%. This was seconded. Mr. Egge spoke to his motion and discussed that he wanted to legalize xeriscaping and allow landscaping yards with rocks and trees. Discussion included needing some more details regarding what that would mean with analysis from staff. The motion failed 2-6. Mr. Egge commented that affordable housing is the most pressing challenge to the community and this proposal adds to the regulatory burden of constructing new homes and he is not supporting the original motion. Further discussion with other board members asked Mr. Egge to clarify this stance. Amending motion no. 3. Board Member Delmue provided a motion to amend the recommendation of approval to the City Commission to request that the minimum turf percentage allowed be increased as a lot size decreases, so that for all uses a sufficient amount of turf will be permitted for all lots in the city. This motion passed 8-0. Main motion. A roll call vote on the main motion was then conducted and the motion passed 7-1 to recommend approval of ordinance 2155 and the associated manual. Staff response After reviewing the proposed amending motions and discussion from the Community Development Board members and the public comment, staff has chosen to incorporate amending motion no. 1 as detailed above into the manual. Amendments are on page 5 and 42 of the manual and include the following language: Page 5: Duration of establishment period. The establishment period may not exceed three years unless otherwise approved by the review authority. Page 42: The plan for disabling any temporary irrigation must be provided to the entity responsible for irrigation maintenance. Establishment period is a maximum of three growing seasons. 173 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 12 of 40 Related to one of the board’s questions, staff has also amended the manual to remove the height of a historic or established tree as the basis for the historic preservation departure, moving instead to consider the value and extent of canopy coverage provided by the preserved tree. The revised language is on page 7 of the manual and includes the following: The allowance of up to 15% additional turfgrass, or its equivalent water use, is based off tree canopy area. The additional turf allowed is equal to 30% of the area provided by the tree’s canopy, per tree. For example, one tree with a 30’ canopy allows for 215 square feet of additional turf. Developments subject to Level II requirements as defined in BMC 38.500.020.B.2 and mentioned on page 7 of this staff report would be required to make basic upgrades to the existing irrigation system, including installing a WaterSense® labeled weather or soil- moisture based irrigation controller, rain/freeze sensor, and multi-stream, multi-trajectory nozzles. Rebates are available for the purchase and installation of these products for retrofits to existing systems. No landscape retrofits would be required. During the Community Development Board discussion there was conversation about xeriscaping and how the City’s current landscape standards allow for xeriscaping, as well as how the proposed standards will allow for xeriscaping. Xeriscaping is a widely used term, with various definitions. Generally, xeriscaping is considered to be a landscaping method used in arid and semiarid climates that utilizes water-conserving techniques, including appropriate plant selection, to minimize the need for supplemental irrigation. Xeriscaping is permitted but not required in the City’s current development code. In the proposed standards manual, some amount of xeriscaping would be required, depending on which landscape design compliance pathway is selected. If the prescriptive, percentage based approach is selected, turfgrass would be limited to either 35% or 20% of the total landscaped area, with a requirement that the remaining area include drought tolerant plantings with a plant factor of 0.3 or less. Plants with this plant factor align with xeriscaping practices. If the performance, or water budget based approach is selected, some number of plantings with a plant factor of 0.3 or less will also be required. A question and some discussion was provided by board members regarding impacts to usable open space and limits to turfgrass in the proposed standards. An analysis of existing required open space requirements in the development code is provided in Appendix A of this report under Effect on Usable Open Space. In response to recommendation 3 by the Community Development Board, staff has provided additional analysis and options in Appendix A of this report under Unresolved Issues – Minimum Turfgrass Discussion. Alternatives 1. Adopt the ordinance as presented; 2. Direct revisions to the ordinance prior to adoption; 174 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 13 of 40 3. Do not adopt the ordinance; or 4. Request additional information and continue discussion on the ordinance. SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a text amendment, the Staff finds the amendments meet the minimum criteria for approval as proposed. The Community Development Board in their capacity as the Zoning Commission and the Planning Board held a public hearing on April 1, 2024, at 6 pm. Board recommendation is described in the Executive Summary. The City Commission will hold a public hearing on the text amendment on April 23, 2024 at 6:00 p.m. and decide whether the proposed amendments should be codified or not. SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS - ZONING In considering applications for amendment approval under this title, the advisory boards and City Commission must consider the following criteria (A-D) and guidelines (E-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. A zone text amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone text amendment the Commission must find Criteria A-D are met. In addition, the Commission must also evaluate guidelines E-K as factors for consideration and may find the zone text amendment to be positive, neutral, or negative with regards to these considerations. To approve the zone text amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for guidelines E-K. In determining whether these criteria and guidelines are met, Staff considers the entire body of plans and regulations for land use and development. Standards which prevent or mitigate negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. The existing municipal code provisions regulating landscaping and irrigation were, at the time of adoption, found to satisfy all the required criteria. As such, the focus of this report is only on the amendments proposed. Unless shown as being edited in the draft ordinance, all existing standards stay as currently adopted. Where a finding of neutral is presented, it represents that the criteria or guideline has been considered and the change does not materially advance or detract from compliance. Therefore, a finding of neutral is not necessarily an indication of a deficiency in the proposed amendments or the existing standards. 175 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 14 of 40 Section 76-2-304, MCA Zoning Regulations Criteria (A-K) Zoning regulations must be: A. Be in accordance with a growth policy. Yes, criterion is met. The proposed amendments are in conformance with the growth policy. As the growth policy provides a high level vision of how a community hopes to develop over time, it does not dictate uses or specific standards to the level of detail contained in this ordinance. However, it does identify issues and priorities for consideration with specific goals and objectives that are desired outcomes. The Bozeman Community Plan 2020 (BCP2020), adopted in November 2020, establishes the City’s policies for growth and regulation of land uses and development. It continues concepts and community priorities that were established in several prior growth policies. Prior growth policies encouraged creation of development standards that supported predictable review processes and addressed areas of community concerns. The following relevant goals and objectives included in the BCP2020 are supported by the proposed amendments and the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual (“Manual”) included within the amendments. The Manual includes detailed water efficient landscape and irrigation requirements which implement the proposed text amendments. As such, the draft ordinance and the Manual includes specific standards that are in accordance with the BCP2020 and referenced below. R-1.2 Be resourceful: recognize alternative ways to use resources.  The proposed amendments require the efficient use of water by implementing required water efficient landscape and irrigation standards for new development projects to support water efficient growth. Efficiency enables other uses of water, besides landscaping, that support community needs such as housing and employment. R-2.2 High Risk and Vulnerability: Ensure that strategies directly address the reduction of risk to human well-being, physical infrastructure, and natural systems; and RC-4.3 Prioritize human well-being and health in the creation and implementation of land development standards.  Bozeman is a drought-prone community with limited water supplies. Although there is additional water available in the Gallatin watershed, its legal and physical availability for municipal uses is costly, complex, and time consuming. The proposed amendments reduce risks to human well-being by resulting in a projected savings of 1,291 acre-feet (enough water to serve 5,164 single households or 10,328 multi-household units in 2040 relative to the water that would be consumed by new development projects using existing practices). The 176 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 15 of 40 proposed amendments reduce risk to urban landscapes by ensuring that landscape plant material is drought resilient. R-2.5 Technical Soundness: Identify solutions that reflect best practices that have been tested and proven to work in similar local or regional contexts; and R-2.6 Innovation: Advance new approaches and techniques that will encourage continual improvement and advancement of best practices.  The proposed amendments were developed by evaluating successful water efficient landscape ordinances and policies of other municipalities throughout the West, best practices outlined in national model water efficient landscape ordinances, as well as the Irrigation Association’s best management practices guidance document. During development of the Manual and ordinance, repeated engagement with local landscape designers and irrigation system installation professionals was completed to ensure that these information sources were relevant and practical to Bozeman’s circumstances. R-2.7 Adaptive Capacity: Include flexible and adaptable measures that consider future unknowns of changing climate, economic, and social conditions; and R-2.9 Long-Term and Lasting Impact: Create long-term gains to the community with solutions that are replicable and sustainable, creating benefit for present and future generations.  The proposed amendments include requirements for drought tolerant landscaping, which will enhance community resiliency and ensure that future landscapes are drought resilient, sustainable, and able to adapt to changing climate conditions. They also include tree requirements to support a healthy urban canopy and improved biodiversity. Shrubs and trees have lifespans of decades. Correct initial placement of healthy soils and vegetation with lower water requirements reduce water demand over the entire lifespan. Proper design and installation is an activity which can be readily repeated. N-2.5 Ensure that new development includes opportunities for urban agriculture, including rooftop gardens and home gardens, community gardens, or urban farms; and EPO-3.10 Inclusion of community gardens, edible landscaping, and urban micro-farms as part of open spaces outside of watercourses and wetlands in subdivisions is encouraged where appropriate.  The proposed amendments allow for food gardens and urban farming to be exempted from meeting water budget requirements outlined in the Manual. This ensures that the water budget, which is intended to reduce water use associated with future landscapes, does not deter from residents’ ability to grow food. 177 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 16 of 40 N-3.5 Strongly discourage private covenants that restrict housing diversity or are contrary to City land development policies or climate action plan goals.  The proposed amendments require landscaping and irrigation requirements included in private covenants comply with the Manual. EPO-3.3 Support water conservation, use of native plants in landscaping, and development of water reuse systems.  The proposed amendments ensure that water conservation practices are implemented in future landscapes by requiring drought tolerant plant material, limiting the installation of high water use turfgrass, requiring adequate topsoil quality and depth, and requiring the installation of efficient irrigation system components. The proposed amendments strongly encourage the installation of native plants and incentivize the installation of native drought tolerant plants that are naturally suited for Bozeman’s environment in the water budget (performance-based) approach to landscape design compliance. EPO-3.4 Review and update landscape and open space standards for public and private open spaces to reduce water use. Likewise, review and update standards for reuse systems.  The proposed amendments include requirements for open space landscape and irrigation standards to ensure that future open spaces use less water, and that the water that is used is used efficiently. EPO-3.5 Update land development standards to implement the Integrated Water Resources Plan  The proposed amendments directly implement recommendations in the Integrated Water Resources Plan, which calls for water conservation to reduce the future gap between water supply and demand by 50%. EPO-3.9 Integrate climate change considerations into development standards.  The proposed amendments consider climate change by requiring the installation of drought tolerant plants, which are resilient to impacts of climate change, including more frequent drought events, and longer, hotter, drier summers. DCD-4.1 Ensure that the Planning Department is supported with the resources required to effectively implement this plan, to dedicate staff to long range and regional planning efforts, and to process development applications expeditiously.  Although the Water Conservation Division is not organized under the Planning Division, the idea of adequately providing resources to implement the plan applies. Two full-time Water Conservation Specialists have been hired to educate the development community and citizens on the requirements for water 178 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 17 of 40 conservation, perform plan review, and perform site inspections associated with the implementation of the proposed amendments. Supplemental resources have been created for development professionals to ensure that development applicants have resources required to readily achieve compliance with the proposed amendments. This includes but is not limited to:  Definitions;  Water budget calculator;  Plant list with 600+ plants including water use, size, and other general information;  Water budget worksheet information and calculations;  Water budget calculator information and user guide;  Building permit landscape and irrigation self-certification form; and  Landscape installation certification of completion form Three professional education courses were also hosted by the City for design professionals in February and March, 2024 to ensure that professionals had an opportunity to gain the knowledge necessary to successfully create compliant landscape and irrigation designs. DCD-4.2 Continuously invite and give due consideration to the input of design and development professionals in the improvement of the city’s project evaluation processes and development code.  The proposed amendments were developed and refined by engaging with development industry professionals, including but not limited to, landscape architects, landscape and irrigation contractors, builders, and developers. The Manual will be reevaluated on a regular basis, providing additional opportunity for development professionals to provide input on the standards. In addition to supporting the above-listed BCP2020 goals, the proposed amendments directly support goals outlined in the 2013 Integrated Water Resources Plan, which calls for water conservation to reduce the future gap between water supply and demand by 50%, and the 2023 Water Conservation and Efficiency Plan, which recommends the implementation of a ‘tier 3’ water efficient landscape ordinance in 2024. No element of the proposed ordinance affects the future land use map as the process amendments do not change land use designations or zoning district boundaries. Therefore, no analysis of correspondence to the future land use map is provided. B. Secure safety from fire and other dangers. Yes, criterion is met. Standards to secure safety from fire and other dangers are not being altered with this ordinance. The proposed standards only impact irrigation and landscape requirements. Drought tolerant landscaping and efficient irrigation does not materially 179 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 18 of 40 change the essential use of the property, demand for services, or the physical characteristics of the use as it applies to this criterion. All applicable development standards and building code standards for fire resistance, exiting, and other protections remain in place. The standards listed in this criterion are not being changed with these amendments and therefore the standard continues to be met. C. Promote public health, public safety, and general welfare. Yes, criterion is met. The existing standards addressing this criterion remain in place such as floodplain protections, provision of water and sewer services, and similar. Standards remain for setbacks, light and air, emergency services, and other issues to protect public health and physical safety. In addition, standards to secure safety from fire and other dangers are not being altered. The proposed standards will also promote public health and safety by increasing water availability for essential use during times of drought, reducing non-essential water use associated with new developments, and extending the reach of the City’s water supplies. The proposed standards promote public health, safety, and general welfare by resulting in a projected savings of 1,291 acre-feet of water (enough water to serve 5,164 single households or 10,328 multi-household units in 2040). The proposed tree requirements will support an adequate and diverse urban canopy, enhancing community resilience. These amendments serve to support and reinforce the existing standards applicable to this criterion, therefore the standard continues to be met. D. Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Yes, criterion is met. Standards for the provision of municipal transportation, sewerage, schools, parks, and other public requirements are not being altered with this ordinance. The proposed standards will positively impact the provision of water by reducing outdoor water use associated with future development and extending the reach of the City’s limited water supplies. The proposed standards do not materially change the essential use of the property, demand for extending services at new or existing parcels, or the physical characteristics of the residential use as it applies to this criterion. The proposed amendments serve to support and reinforce the existing standards applicable to this criterion, therefore the standard continues to be met. The city shall also consider: E. Reasonable provision of adequate light and air. Yes, criterion is met. No changes within these amendments impact basic standards for setbacks, maximum building height, dedication of parks, on-site open spaces, or similar standards. The City’s development standards and building code ensure adequate provisions of light and air through window and air circulation/venting provisions as well as building 180 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 19 of 40 setbacks. The proposed standards exempt areas within a 10’ offset of a building’s footprint from requirements to place trees and, as a result, the proposed standards will not have an impact on the provision of light or air. The standards listed in this criterion are not being changed with these amendments and therefore the standard continues to be met. F. The effect on motorized and non-motorized transportation systems. Yes, criterion is met. No changes within these amendments impact basic standards for parking, sidewalks, dedication of right of way, provision of and construction of streets, or similar standards. Transportation impacts and parking compliance are addressed at the time of site-specific development review through an associated planning application and/or building permitting process. The standards listed in this criterion are not being changed with these amendments and therefore the standard continues to be met. G. Promotion of compatible urban growth. Yes, criterion is met. These amendments add additional requirements which relate to urban growth within the City but do not impede on the expansion of the City through urban development practices. Proposed standards will require additional documents to be submitted during applicable development review processes. Proposed standards will result in future landscapes that require less water, reducing the cost of water associated with outdoor use for these properties. The proposed standards will extend the reach of the City’s water supplies by reducing landscape water requirements in future development, which also enhances community resiliency related to climate change impacts and drought events. The proposed standards are projected to save 1,291 acre-feet of water (enough water to serve 5,164 single households or 10,328 multi-household units in 2040). The standards listed in this criterion will serve to support and reinforce the existing standards applicable to this criterion, therefore the standard continues to be met. H. Character of the district. Yes, criterion is met. No changes have been made to allowable uses, building heights, lot coverage, setbacks, and other requirements which apply in each zoning district and each district’s character. Only landscape requirements have changed. The proposed standards include vegetation requirements that will enhance landscape plant material diversity and enhance the character of the district. Existing standards have, for many years, encouraged use of drought tolerant and native plants, efficient use of water, and other landscaping features. These amendments serve to support and reinforce the existing standards applicable to this criterion, therefore the standard continues to be met. I. Peculiar suitability for particular uses. Yes, criterion is met. The proposed amendments do not change any zoning districts, boundaries, or uses within the land development regulations. Therefore, considering the code 181 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 20 of 40 as a whole, the standards listed in this criterion are not being changed with these amendments and therefore the standard continues to be met. J. Conserving the value of buildings. Yes, criterion is met. The proposed amendments do not change any districts or uses which would cause buildings to become non-conforming to the district in which they are located. The proposed amendments do not alter the standards for building location, size, or other physical development standards. The standards listed in this criterion are not being changed with these amendments and therefore the standard continues to be met. K. Encourage the most appropriate use of land throughout the jurisdictional area. Yes, criterion is met. The proposed amendments do not alter the allowed uses in zoning districts nor growth policy designations adopted in the Community Plan 2020. The standards associated with this criterion are not being changed with these amendments and therefore the standard continues to be met. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. As of the writing of this report, no written protest against the changes have been received. 182 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 21 of 40 SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS - SUBDIVISION In considering applications for approval under this title, the advisory boards and City Commission must consider the following criteria. As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction but must be consistent with the criteria. The existing development review processes and standards were previously found to satisfy all of the following criteria during earlier reviews. The focus of this report is only on the amendments proposed. Where a finding of Neutral is presented it represents that the criteria is either not applicable to the proposed amendments or that the change does not materially advance or detract from compliance. Therefore, a finding of Neutral is not an indication of a deficiency in the proposed amendments or the existing standards. Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) 1. Subdivision regulations adopted after a growth policy has been adopted must be made in accordance with the growth policy. Criterion is met. The proposed amendments are made in accordance with the adopted growth policy, the Bozeman Community Plan 2020 (BCP2020), while respecting state imposed requirements. No conflicts with the goals and objectives of the Bozeman Community Plan have been identified. Additional analysis related to accordance with the growth policy is provided in this report under Zoning Criterion A. EPO-3: Address climate change in the City’s plans and operations. EPO-3.3 Support water conservation, use of native plants in landscaping, and development of water reuse systems  Larger developments may require more supplemental water supply from the City’s water system for landscape irrigation in the future. The cost associated with this may increase maintenance and result in revisions to the type and the extent of landscaping materials in public areas that are more representative of native plants resulting in water conservation. The proposed regulations address standards for landscaping and irrigation regardless of water source which improves consistency and reduces overall water demand. EPO-3.5 Update land development standards to implement the Integrated Water Resources Plan.  The first priority for implementing the IWRP is developing a successful water conservation program. Conservation fills the largest proportionate share of the City’s projected 17,750 acre-foot supply gap by providing 10,100 acre-feet of water 183 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 22 of 40 savings. The program is focusing developing effective outreach and education programs targeting voluntary indoor and outdoor water reduction. Additional a tiered rate system has been implemented to curb excessive water use in peak demand periods. The code revisions in Ordinance 2108 will further the efforts laid out in the IWRP. Section 76-3-102, MCA (Subdivision Purposes) 2. Promote the public health, safety, and general welfare by regulating the subdivision of land. Criterion is met. The proposed regulations promote the public health, safety, and general welfare by meeting criteria of approval required for compliance with the Montana Subdivision and Platting Act. The City’s adopted standards for land development which apply to the subdivision process require evaluation of future demand to ensure adequate water supply for uses within a development and other features which support this criterion. Access to clean water has a substantial positive impact on human health. Increasing efficiency of water use in landscaping will protect water supply availability during increasingly common hot weather and other demand generators. The City has implemented 76-3-616 MCA by adopting zoning standards to address the subdivision primary review criteria established in 76-3-608 MCA. All subdivisions must conform to the zoning standards and demonstrate compliance as part of the subdivision review process. The proposed regulations will apply to all future subdivision proposals. The overall effect of the proposed regulations is to lower demand for irrigation water which extends the utility of existing and future water supplies. 3. Prevent the overcrowding of land. Neutral. Overcrowding is the condition arising from more intensity of use than the property and infrastructure can support. The proposed regulations do not address the underlying analysis of whether a proposed land use is the appropriate intensity of use. The City’s standards regarding appropriate intensity of use are established through the City’s zoning districts which are not changed with these amendments. The necessary infrastructure to support development must still be provided in a timely manner and in sufficient quantity to address needs of the development as required in the municipal code. See for examples, Divisions 38.270 and 38.410 and Chapter 40. 4. Lessen congestion in the streets and highways. Neutral. The proposed amendments do not change the existing standards which address this criterion. Adequate information to demonstrate compliance with adopted standards must still be presented as part of application submittals. The City’s transportation master plan and capital improvements program address needed expansions and improvements. Local improvements will continue to be required for individual subdivisions as currently is required. 184 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 23 of 40 5. Provide adequate light, air, water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public improvements. Criterion is met. The existing municipal regulations set forth processes and standards by which a development ensures required water supply, sanitary sewer, streets, stormwater, parks, etc. are provided. Compliance with those requirements is required as part of the submittal requirements for subdivision application. Construction follows approval of a preliminary plat and generally is completed before the final plat is approved. Implementation of the proposed regulations will reduce water demand for landscape irrigation and therefore will extend the utility of the water supply. The regulations have no impact on providing adequate light and air. See also Zoning Criteria D and E. The criterion is met. 6. Require development in harmony with the natural environment. Criterion is met. The proposed amendments support and encourage use of native plants, reduce water demand for irrigation, and encourages placement of trees which provide shading and habitat. The existing standards for protection of water courses, wetlands, etc. are not modified. 7. Protect the rights of property owners. Criterion is met. Article 2, Section 3 of the Montana Constitution recognizes that landowners have both property rights and associated responsibilities. How water is used on a site affects both the landowner and other members of the community. Therefore, having clearly established standards for water use helps to balance the respective rights and responsibilities associated with landscaping and irrigation. 8. Require uniform monumentation of land subdivisions and transferring interests in real property by reference to a plat or certificate of survey. Neutral. The proposed amendments do not alter the standards previously found adequate to address this requirement. Section 76-3-501, MCA (Subdivision Purposes) This section requires local governments to adopt regulations that reasonably provide for: 9. Orderly development within the jurisdictional area. Criterion is met. Section 76-3-622 Mont. Code Ann. details water and sanitation information that accompanies preliminary plat applications and states that review of a subdivision should primarily focus on compliance with the established regulations. The City has over time established standards addressing most of the subdivision primary review criteria created in 76- 3-608 MCA, including water adequacy. Any subdivision of land, as defined under Montana Code Annotated §76-4-102, created after October 17, 2014 that uses groundwater, must receive a pre-determination from MT DNRC that all exempt wells proposed for the subdivision will 185 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 24 of 40 stay at or under a combined appropriation of 10 acre-feet per year regardless of the distance between proposed wells. The proposed amendments do not modify the standards for layout of parks, streets, or other elements of order. The amendments are primarily focused on water adequacy for private and public areas within and adjacent to a development. The amendments are implementing adopted water planning documents and are a continuation of long-standing efforts to increasing efficiency in water use. 10. Coordination of roads within subdivided land with other roads, both existing and planned. Neutral. The proposed amendments do not alter the existing standards or planned locations for road placement or expansion. New subdivisions will continue to be required to coordinate the development of roads servicing the development with the overall street grid of the City, both existing and planned. See also Zoning Criterion F. 11. Dedication of land for roadways and for public utility easements. Neutral. The proposed amendments do not alter the existing standards for the width or planned locations for road placement or expansion. New subdivisions will continue to be required to coordinate the development of roads servicing the development with the overall street grid of the City, both existing and planned. Configuration of easements for public utilities such as water or sewer are not changing. See also Zoning Criterion F. 12. Improvement of roads. Neutral. The proposed amendments do not alter the existing standards for road improvements. New subdivisions will continue to be required to coordinate the development of roads servicing the development with the overall street grid of the City, both existing and planned. Most detailed construction standards are now and will continue to be included in the Design and Specifications created by the Engineering Division. See also Zoning Criterion F. 13. Provision of adequate open spaces for travel, light, air and recreation. Criteria is met. The proposed amendments do not alter the existing standards for provision of area requirement in open spaces and parks. Standards for light and air are generally established by the Building Code and Zoning regulations for individual lots. No changes are proposed affecting the amount of land to be set aside for public parks. Future design and development of open spaces will be affected by the type of plantings and irrigation. 14. Adequate transportation, water and drainage. Criteria is met. City standards for transportation and drainage are unchanged by the proposed amendments. See comments in Subdivision Criteria 10-13. See also Zoning Criteria D and F. Water conservation will improve water system reliability, extend service life, and reduce 186 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 25 of 40 peaking of water demand which correspondingly is a cost savings through reduced infrastructure construction. 15. Regulation of sanitary facilities, subject to section 76-3-511, MCA. Neutral. The proposed amendments do not modify the regulations in place to ensure adequate sanitary facilities to serve the development are installed in accordance with City standards. The City has not established standards greater than state regulations or guidelines that would be affected by 76-3-511. See also Zoning Criterion D. 16. Avoidance or minimization of congestion. Neutral. See responses to Criterion 3 and 4, and 10-14 above. As noted above, the proposed amendments are focused on the water adequacy for irrigation for subdivision applications. These processes do not in themselves address this criterion. 17. Avoidance of subdivision which would involve unnecessary environmental degradation and the avoidance of danger or injury to health, safety, or welfare by reason of natural hazard or the lack of water, drainage, access, transportation, or other public services or would necessitate an excessive expenditure of public funds for the supply of such services. Criterion is met. The proposed regulation ensures that adequate water is available for essential uses to support health and public safety by reducing the amount of water required for landscape irrigation. The proposed changes reduce irrigation water demand regardless of water source. Provision of adequate water supply supports firefighting, domestic supply and sanitation, and clean and healthful environment. The City has determined that water conservation is the least cost option to extend the utility of its existing water supplies and therefore excessive expenditure of public funds is avoided. See also Zoning Criteria A, D, and F. The criterion is met. APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION Water Conservation Program Background In 2013, the City Commission adopted an Integrated Water Resources Plan (IWRP) to guide future water use and supply policies and practices through 2062. The Plan recommends that water conservation reduce the future gap between water supply and demand by fifty percent. Upon adoption of the Plan, the City Commission specifically supported an education and incentive-based approach to conservation while recognizing that the Plan acknowledges a future need to implement regulatory measures. The implementation of education and incentive-based program measures began shortly after the adoption of the IWRP. These include but are not limited to four indoor water fixture rebates to 187 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 26 of 40 support replacement of existing fixtures with more efficient fixtures, six outdoor rebates to support efficiency improvements to existing irrigation systems and the replacement of high- water use landscaping with drought tolerant landscaping, water-wise landscaping seminars for the public, training for landscape and irrigation professionals, a free water use portal, drought tolerant demonstration gardens, free sprinkler system assessments, and water saving product giveaways. Community participation in rebate initiatives has reduced City-wide water use by an average of 3.5 million gallons of water per year. Additional information about the City’s water conservation program, including estimated water savings achieved through various initiatives, is available in the 2015 – 2022 City of Bozeman Water Conservation Program Report. The implementation of regulatory measures began in 2017 with the adoption of the City’s first drought management plan to maximize available water supplies and ensure that water is available for essential uses during times of shortage by limiting outdoor water use. This was followed by the adoption of water conservation-based rates and drought rates in 2019, adoption of Ordinance 2043, which includes revisions to the City’s water adequacy policy to incentivize efficiency projects in new development projects in 2020, adoption of permanent mandatory outdoor watering restrictions, which ensure that outdoor watering is limited to three days per week during the most efficient times of day in 2022, a revised drought management plan in 2022, and adoption of the City’s first comprehensive water conservation and efficiency plan in 2023. The 2023 Water Conservation and Efficiency Plan (Plan) serves as a roadmap for program planning by identifying achievable water savings through the implementation of 18 program measures. This includes voluntary and incentive-based program measures as well as regulatory measures such as water efficient growth policies. The implementation of a water efficient landscape ordinance is included in the adopted Water Conservation and Efficiency Plan and is outlined to being in 2024. The City expects to save 4,435 acre-feet of water per year in 2040 through the implementation of the Plan, with 1,291 acre-feet attributed to the implementation of a water efficient landscape ordinance in 2024. A savings of 4,435 acre-feet is enough water to serve 17,740 single households or 35,480 multi household units in 2040. A savings of 1,291 acre-feet is enough water to serve 5,164 single households or 10,328 multi-household units in 2040. Bozeman’s Water Supply Challenges and Outdoor Water Use Trends Bozeman is a drought-prone, headwaters community that relies on snowpack for its water supply. In the future, lower snowpack levels are expected, and more precipitation is expected to arrive in the form of rain than snow. Earlier peak runoffs are also projected, which may leave less available snowpack at higher elevations in the late spring and early summer months when the City relies on snowmelt and feed our surface water sources. Additionally, it is projected that Bozeman will experience longer, hotter, drier summers in the future, which will increase plant water demands, and in turn may increase outdoor watering. 188 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 27 of 40 Nearly fifty percent of annual residential water use is used on lawns and landscapes for outdoor watering. An analysis of single household water use in Bozeman indicates that homes built over the last 15+ years are applying over twice the amount of water to landscapes as compared to older homes, despite being located on smaller lots with less landscaping. This is likely due to the prevalence of high water use turfgrass in landscapes and absence of irrigation efficiency standards in the City’s current development code. As such, the City has identified reducing outdoor water use through the implementation of a water efficient landscape ordinance as a necessary means of ensuring reliable water supplies are available for the future. Water Efficient Landscape Ordinance Project Background On December 21, 2021, the City Commission adopted Resolution 5368, which identified promoting water conservation, including the consideration of policies to reduce water consumption, as a commission priority for years 2022 and 2023. On February 15, 2022, the City Commission held a work session to discuss the development and implementation of required water efficient landscape and irrigation performance and design standards for new development. City staff proposed three ‘tiers’ of standards (tier 1, 2, and 3), each including a different suite of requirements that were projected to result in relatively low, medium, and high levels of water saved, respectively. The City Commission directed staff to develop standards that aligned with tier 3, which represented a ‘best in class,’ extensive and proactive set of requirements resulting in the greatest water savings. This ‘tier 3 water efficient landscape ordinance’ was included in the 2023 Water Conservation and Efficiency Plan and represents the savings of 1,291 acre-feet mentioned above. Staff developed the required water efficient landscape and irrigation performance and design standards for new development through a multi-pronged approach that consisted of reviewing national best-in-class water use efficiency standards, evaluating standards implemented in other supply-constrained western states, analyzing Bozeman’s water use and development trends, and engaging with local development industry professionals and other community members. The City’s Engage Bozeman framework was utilized to develop an engagement plan for this project to identify the appropriate level of engagement for various community groups and ensure that they were provided with an opportunity to learn more about the project and provide input. Tools and techniques used to engage community groups included but were not limited to:  Structured public meetings (presentation with Q and A);  Social media posts;  City website news postings;  Neighborhood group presentations;  Radio interviews;  Utility statement notes;  Community presentations; 189 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 28 of 40  ‘Pop-up’ table displays;  Focus groups;  Cold calls;  Direct emails;  Presentations to relator groups; and  Presentations at local industry professional meetings (City design professional meetings, builder associations, green industry professional workshops, etc.). The full list of engagement efforts is included on the City’s webpage for this project. Through these engagement efforts, community groups cited the importance of minimizing impacts on affordability, supporting community equity, encouraging or requiring native plants, allowing for the preservation of healthy mature trees, minimizing impacts on plan review and approval time, ensuring the proposed standards align with the ‘on the ground’ realities of site development, and integrating into the City’s existing administrative plan review process. Water Efficient Landscape Ordinance Ordinance 2155 (Attachment 1) and draft Resolution 5586 (the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual, hereafter referred to as the Manual) (Attachment 2), outlines proposed landscape and irrigation performance and design standards to be required for new development projects. Due to the level of detail included in the landscape and irrigation performance and design standards, regular evolution of equipment and data, and to enhance the clarity of language in Chapter 38, many of the proposed text amendments in Chapter 38 reference out to the Manual, which details specific landscape and irrigation requirements for new developments. In addition to referencing the Manual, Ordinance 2155 revises landscape and irrigation regulations within Chapter 38 and Chapter 40 of the Bozeman Municipal Code to include submittal requirements for landscape and irrigation plans, completion and acceptance of requirements for landscape and irrigation improvements and refers to the Manual for specific landscape and irrigation requirements to ensure water savings is achieved through efficient design and performance. The full details of the material text amendments is provided in Ordinance 2155 and summarized below. 1. Section 38.200.010. Review authority, updates the referenced code section for the protection of landscaped areas under the city engineer’s authority. Adds landscape and irrigation plans under the required review of the director of utilities. 2. Section 38.220.030 Subdivision pre-application submittal materials, adds water source for irrigation of public lands to the list of required submittal materials. 3. Section 38.220.040 Subdivision preliminary plat, adds a requirement for proof of compliance with water conservation standards to the list of required submittal materials. 4. Section 38.220.060 Documentation of compliance with adopted standards, revises the required irrigation system design standards required with submittal. 190 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 29 of 40 5. Section 38.220.070 Final Plat, revises the landscape and irrigation systems plans required with submittal for public lands. Adds a required notation to the conditions of approval sheet for topsoil depth and quality required with future development of lots. 6. Section 38.220.080 Site plan submittal requirements, revises the list of materials required to be submitted with site plan applications. 7. Section 38.220.100 Submittal requirements for landscape plans, adds irrigation requirements and revises landscape plan requirements for all submittals. 8. Section 38.220.110 Sketch plan submittal requirements, adds the requirement that sketch plan submittals are required to comply with the manual. Adds the requirement for a self- certification form for small projects. 9. Section 38.220.130 Submittal materials for regulated activities in wetlands, adds an irrigation plan requirement if applicable to wetland setback planting plans. 10. Section 38.220.320 Covenants, adds landscaping and irrigation compliance requirements with the manual. 11. Section 38.230.070 Sketch plan review, adds landscape and irrigation submittal requirements. 12. Section 38.230.140 Final plan, revises final plan requirements for site plans. 13. Section 38.230.170 Improvements to existing developed sites independent of site plan review, adds the word irrigation to the standard. 14. Section 38.270.010 Purpose and applicability (Improvements and securities), adds the word irrigation to the standard. 15. Section 38.270.020 Standards for improvements, adds the words landscape and irrigation to the standard. Requires improvements dedicated to the public to comply with the manual. 16. Section 38.270.030 Completion of improvements, adds the words landscape and irrigation to the standard. Adds required boulevard landscape and irrigation to the list of street improvements that must be financially guaranteed under certain circumstances. 17. Section 38.270.050 Acceptance of improvements, adds landscape and irrigation improvements and landscape and irrigation to the standard for improvements dedicated to the public. 18. Section 38.270.090 Development or maintenance of common areas and facilities by developer or property owners’ association, adds the words street medians and irrigation to the standard. Requirements added that landscaping and irrigation in common areas comply with the manual. 19. Section 38.410.060 Easements, adds requirements for easements for city-owned irrigation systems for use in public rights-of-way and parks when located on private land. 20. Section 38.410.080 Grading and drainage, revises the referenced code section. 21. Section 38.410.100 Watercourse setback, adds an irrigation plan requirement if applicable to watercourse setback planting plans. 191 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 30 of 40 22. Section 38.410.130 Water adequacy, adds reference to the manual for drought tolerant landscaping and high efficiency irrigation components used to reduce estimated annual municipal water demand. 23. Section 38.430.070 Phased development (PDZ), adds the words landscape and irrigation to the standard. 24. Section 38.430.110 Amendments to approved planned PDZ and general development plans, adds a percentage standard for minor amendments to landscape and irrigation design. 25. Section 38.440.030 Amendments to final plan (PUD), adds a percentage standard for minor changes to irrigation water requirement (IWR). 26. Section 38.500.020 Applicability and compliance (Project Design), adds required compliance with the manual for Level II improvements. 27. Section 38.510.030 Block frontage requirements, adds two code references to landscaping standards in 38.550 for Internal roadway storefront and Other block frontages, and adds departure criteria for Other block frontages. 28. Section 38.520.040 Non-motorized circulation and design, adds reference to landscaping standards in 38.550 for planting strips required in certain circumstances. 29. Section 38.520.050 Vehicular circulation and parking, adds the word irrigation to the standard and revises a code reference. 30. Section 38.520.060 On-site residential and commercial open space, adds reference to landscaping standards in 38.550 for usable residential open space. 31. Section 38.540.010 General Provisions (Parking), adds the word irrigation to the standard. 32. Section 38.540.040 Maintenance of parking areas, adds the word irrigation to the standard. 33. Section 38.550.010 Purpose and intent (Landscaping), revises the wording of the standard to clarify the purpose of the landscape section of the development code. 34. Section 38.550.020 Interpretation and scope (Landscaping), adds the words applicability and implementation to the title, revises wording for application types subject to this section, and adds applicability to well irrigation. Adds provision for Commission adoption of the manual by resolution. 35. Section 38.550.030 General landscaping and provisions, adds the word irrigation to the title and the standard. 36. Section 38.550.040 Landscape and plan review, adds the word irrigation to the title and the standard, and revises wording. Changes the compliance code reference from 38.550.050 to 38.200. 37. Section 38.550.050 Mandatory landscaping and irrigation provisions, changes the title and adds the word irrigation to the title. Revises numbering. Removes the setback landscaping standard, and replaces that paragraph with requirement for landscaped areas and irrigation system to be kept in operable condition. Removes the drought tolerant 192 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 31 of 40 species requirement and refers to the manual. Adds restrictions for the use of overhead spray irrigation in parking lot landscaping. Removes reference to the Western Garden Book and adds required compliance with the manual for street frontage landscaping and street median landscaping. Adds additional requirements for acceptable landscape materials and soil depth and adds required compliance with the manual for those items. Revises requirements for permanent irrigation systems and adds additional irrigation standards. Adds required compliance with the manual for design of irrigation systems. Revises the standard for maximum allowable slope or grade. 38. Section 38.550.060 Reserved, changes the title to Landscape and Irrigation Performance and Design Standards. Deletes the editor’s note. Adds a requirement that compliance with the most recent version of the manual is required. 39. Section 38.550.070 Landscaping of public lands, adds irrigation to the title. Adds required compliance with the manual for city rights-of-way, open space, and parks. Changes landscaping to landscape and adds the word irrigation in several places. Adds irrigation system requirements, and adds required compliance with the manual for design of landscaping and irrigation systems. Provides a reference to the easement requirement for public irrigation facilities in Article 4. Adds the word responsibility to the maintenance standards. 40. Section 38.550.080 Departure from landscaping requirements, changes the title by changing landscape to landscaping and adds the word irrigation. Adds language linking departure criteria to the most recent version of the manual. 41. Section 38.550.090 Landscaping completion, changes the title and body by changing landscape to landscaping and adds the word irrigation. 42. Section 38.550.100 General maintenance, revises the wording to add irrigation and irrigation systems to the standard. 43. Section 38.700.080 G definitions, adds a definition for groundcover to the chapter. 44. Section 38.700.100 I definitions, adds a definition for irrigation to the chapter. 45. Section 38.700.110 L definitions, adds a definition for landscaped area to the chapter. Revises the definition of landscaping. 46. Section 38.700.180 T definitions, adds definitions for temporary irrigation and turfgrass or turf to the chapter. 47. Section 40.02.300 Provisions adopted; regulations a part of service contracts, adds landscaping and irrigation to the rules and regulations pertaining to the city’s waterworks system. Adds reference to chapter 38, article 5, outdoor water use restrictions, and drought contingency response to the standard. 48. Section 40.02.890 Maintenance; customer responsibility; wasting water prohibited, revises the wording to waste of water provisions including adding the irrigation systems and to the standard. 49. Section 40.02.950 Violation of irrigation or sprinkling rules; penalty, revises the wording. 193 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 32 of 40 50. Section 40.02.960 Violation of division provisions; disconnection of service required when, adds landscaping and irrigation to the standard. Adds reference to chapter 38, article 5, outdoor water use restrictions, and drought contingency response to the standard. 51. Section 40.02.1100 Rules and regulations adopted; part of contract with customer, adds irrigation systems to the standard. Deletes permits for lawn sprinkling, renumbers the standard, and changes sprinkling and lawn sprinklers to the word irrigation. 52. Section 40.02.1250 Findings, adds section E to findings which describes landscaping of real property within the city as the most consumptive use of water, and adds reference to the manual. 53. Section 40.02.1280 Application of division, adds section C to require this division to be interpreted in coordination with chapter 38, article 5, division 550. 54. Section 40.02.1340 Enforcement, adds code enforcement officers to the enforcement section of the standard. 55. Other code as needed or determined by the Commission. If approved, additional code sections may be modified to implement the changes. Chapter 40 of the Bozeman Municipal Code provides the utility with the authority to regulate certain uses of water to ensure that adequate supplies are available for existing and future demands, and for essential uses required for health and public safety. The intent of the proposed amendments to Chapter 40 is to tie the proposed landscape and irrigation standards in the City’s zoning regulations to the City’s authority as a utility. Landscape and Irrigation Performance and Design Standards Manual The manual includes the following:  Authority and applicability information.  Exemption criteria. Exemptions are available for the following: o Edible gardens and urban farming; o Temporary irrigation; o Plant nurseries; o Watercourse setback planting plans; o Stormwater detention and retention ponds; o Water treatment and low-impact development; and o Public parks  Departure criteria. Departures are available for the following: o Established vegetation preservation; o Historic preservation; o Open space recreation areas; o Previously established city project specific conflicting conditions; and o Cemeteries 194 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 33 of 40  Landscape and irrigation requirements, and submittal requirements, for projects subject to the City’s sketch plan process (residential projects with four units or less). o Sketch plan project applicants are afforded a streamlined approach to demonstrating landscaping and irrigation is compliant with standards through the submittal of a self-certification form as part of the building permit application process. Landscape and irrigation design plans are not required for sketch plan projects. o Two landscape design pathways are available to achieve compliance with the standards. The prescriptive pathway limits the installation of high water use turfgrass to 35% of the total landscaped area, with a requirement that the remining landscaped are be installed with low water use drought tolerant plants. The performance pathway provides flexibility in landscape design by limiting the total amount of supplemental water required by the entire landscaped area to 10 gallons per square foot. A water budget calculator and plant list are available to ensure that applicants have the resources required to achieve compliance. o Additional landscaping standards include but are not limited to ensuring adequate topsoil quantity and quality, requiring the installation of drought tolerant plants, and ensuring mulch is installed on bare soil. o Irrigation standards include requiring the installation of high efficiency irrigation components, ensuring plants with similar water demands are connected to the same irrigation zone valve, requiring adequate operating pressure, and limiting the use of overhead irrigation in narrow landscaped areas.  Landscape and irrigation requirements, and submittal requirements, for projects subject to the City’s plan review process (plats, site plans, planned development zones). o Plat, site plan, and planned development zone applicants are required to submit a compliant landscape and irrigation plan, attend a landscape pre- installation meeting, and submit a certificate of completion to receive a certificate of occupancy. o Two landscape design approval pathways are available to applicants to achieve compliance with the standards. The prescriptive pathway limits the installation of high water use turfgrass to 20% of the total landscaped area, with a requirement that the remining landscaped are be installed with low water use drought tolerant plants. The performance pathway provides flexibility in landscape design by limiting the total amount of supplemental water required by the entire landscaped area to 8 gallons per square foot. A water budget calculator and plant list are available to ensure that applicants 195 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 34 of 40 have the resources required to achieve compliance, and to aid in consistency and transparency in plan review and approval. o Additional landscaping standards include but are not limited to ensuring adequate topsoil quantity and quality, requiring the installation of drought tolerant plants, and ensuring mulch is installed on bare soil. o Irrigation standards include requiring the installation of high efficiency irrigation components, ensuring plants with similar water demands are connected to the same irrigation zone valve, requiring adequate operating pressure, limiting the use of overhead irrigation in narrow landscaped areas, demonstrating that the system’s runtime can irrigate landscape plantings during the hottest month while fitting within the city required watering window once plants have been established, and providing an irrigation water requirement.  Appendices with the following supplemental information: o Definitions; o Water budget calculator for plans following the performance pathway; o Plant list with 600+ plants including water use, size, and other general information; o Water budget worksheet information and calculations; o Water budget calculator information and user guide; o Building permit landscape and irrigation self-certification form (for sketch plan projects); and o Landscape installation certification of completion form (for projects subject to the City’s plan review process). 196 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 35 of 40 Effect on Usable Open Space A question and some discussion was provided by board members regarding impacts to usable open space with limits to turfgrass in the proposed standards. The Unified Development Code (UDC) currently requires usable open space based on building form and development review process in three places in the code text: 1) Section 38.360.220 requires minimum usable open space for alley- loaded lots to preserve open space when other uses (like ADUs), parking and garages are provided at the back of a lot. This standard requires ten percent (10%) of the lot size with a minimum dimension of 15-feet on all sides to be provided within the rear yard. For example, a 4,000 square foot lot would require a contiguous open space of at least 400 square feet, which could be 20 feet by 20 feet in area. Drive aisles do not count in the calculations for usable open space. An example of this is shown to the right in Figure 1. This example shows the required 400 square foot open space area provided between the house and the garage in a 15-foot by 40-foot area that exceeds the minimum 400 square feet. It is important to note that this is not required to be landscaped area and may be in the form of patios, decks, and gardens, as well as functional turf, if turf is desired. 2) Section 38.360.250 requires usable open space for townhouse and rowhouse dwellings that is equal to ten percent (10%) of the building living space not counting automobile storage. This required open space may be provided in the form of balconies, roof decks, and/or front porches, as well as landscaped area. These open space areas if provided directly adjacent to each unit and not on upper level balconies, must have minimum dimensions of at least 12-feet on all sides and be configured to accommodate human activity such as outdoor eating, gardening, toddler play, etc. Staff will often see these areas provided in a combination of ways, but typically on the ground the area usually is designed to include the porch and some fenced front yard area if no rear yard is provided. An example is provided in Figure 2 below showing this type of open space in townhouses and rowhouses both in front yards and on balconies. Figure 1 - Usable Open Space Required in 38.360.220 for Alley Loaded Lots 197 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 36 of 40 Figure 2 - Usable Open Space required in 38.360.250 for Townhouses and Rowhouses 3) Section 38.520.060 requires on-site residential and commercial open space for residential and mixed use developments subject to the site plan process. All multi-household development, including multi-household portions of mixed-use development, must provide minimum usable open space equal to 100 square feet per dwelling unit for studio and one bedroom dwellings and 150 square feet per dwelling unit for dwellings with two or more bedrooms. This may be in the form of shared open space like courtyards, play areas, gardens, or similar spaces, ground level private outdoor open space such as patios adjacent to each unit, upper level balconies, common indoor recreation areas like gyms or lounges, and shared roof decks. There are specific standards for the configuration of each type of space and a combination of space types may be provided. To provide an example, for a 12-unit apartment building where 6 units are single bedroom apartments, and 6 are two bedroom apartments 1,500 square feet of open space is required. The applicant may choose to provide a 600 square foot gym and a 900 square foot play area designed with some grass, some mulch and play structures, or a single 1,500 square foot roof top deck with no on the ground open space provided. If the applicant would like to design the entire 1,500 square feet of open space as functional turf for active recreation and that area exceeds the amount allowed per the proposed prescriptive path of 20% of the landscaped area, a departure may be requested to allow additional turf for areas designed for active recreation. Additionally, selecting the performance, water-budget based approach to landscape design compliance can also be used to gain more design flexibility and increase the amount of turf on the landscape if very low water use drought tolerant plants are installed in the non-turfgrass portions of the landscape. When you combine these existing open space requirements that are not proposed to be changed in the code amendments with the proposed turf limits, staff has found the code amendments do not restrict the availability of usable open space for residential development. As an example, the 4,000 square foot lot in Figure 1 above has 400 square feet of required open space per section 38.360.220, when you subtract the home, the driveway, and the garage footprints roughly 1,900 square feet of landscaped area is provided. 35% of that 198 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 37 of 40 landscaped area, as would be allowed per the prescriptive path in the proposed standards, would allow 665 square feet of turfgrass to be installed which may be installed in the provided 600 square feet of usable open space shown in the drawing, or elsewhere on the property. In addition to this sketch plan example, when considering the variety of ways that developments may provide usable open space for rowhomes and multi-household developments subject to site plan review, combined with the departure available in the manual for active open space recreation areas, staff finds no loss of open space function or quality where usable open space is required. When considering smaller single-household lots as allowed in the REMU (Residential Emphasis Mixed Use) zoning district, for townhomes, and as a part of the Affordable Housing Incentives in 38.380.030, the calculations shows similar results. A 3,344 square foot lot with an alley would be required to have a 334 square foot area of usable open space as required in Section 38.360.220 described above. This lot, minus the allowable lot coverage by buildings, and potential driveways and walkways, leaves about 1,500 square feet of landscaped area. That 1,500 square feet of landscaped area at the 35% turfgrass proposed prescriptive standard would allow for 525 square feet of turfgrass, which exceeds the 334 square foot required open space area. Due to the lot configuration and resulting landscaped area, which lacks a large continuous space for turfgrass, the design shown in Figures 3, below, includes 370 of the 525 square feet of allowed turfgrass as an example of the required open space percentage and turfgrass percentage overlap. Figure 3 - 3,344 square foot lot example with 370 sq. ft. of turfgrass and 334 square feet or required open space. Unresolved Issue - Minimum Turfgrass Discussion Amending motion no. 3 provided by the Community Development Board amends the recommendation of approval to the City Commission to request that the minimum turf percentage allowed be increased as a lot size decreases, so that for all uses, a sufficient 199 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 38 of 40 amount of turf will be permitted for all lots in the city. When considering whether or not to incorporate a minimum amount of turfgrass for smaller lots staff provides the following suggested language: A. Smaller lots may be defined as lots smaller than the standard minimum of 4,000 square feet as required currently in Section 38.320.030 for most residential zoning districts. Single household uses on lots smaller than 4,000 square feet are currently permitted in REMU zoning, with townhouse development, and with the Affordable Housing Incentives in 38.380.030. B. A current maximum of 35% of the landscaped area is currently required via the prescriptive landscape design path for single-four household structures on individual lots subject to sketch plan review. A maximum of 400 square feet or 35% whichever is more may be applied to all lots in response to this recommendation. When considering the examples given from CDB members on “smaller lots,” the amount of usable open space required and available on a conventional 4,000 square foot lot with required setbacks and lot coverage, and the permitted lot sizes in the development code, staff recommends the Commission consider lots less than 4,000 square feet as the threshold for which a guaranteed turf allowance would apply in regards to this amendment in A above. However, instead of a ‘sliding scale’, as recommend by CDB, staff recommends a flat, guaranteed amount of turfgrass area or 35% of the landscaped area, whichever is more. This simpler approach would apply the 400 square foot turfgrass allowance or 35% of the landscaped area maximum to all properties subject to sketch plan review regardless of lot size as provided in B above. Additionally, selecting the performance, water-budget based approach to landscape design compliance can also be used to gain more design flexibility and increase the amount of turf on the landscape if very low water use drought tolerant plants are installed in the non-turfgrass portions of the landscape. As described in the open space discussion, 400 square feet of turfgrass will meet or exceed usable open space required with most 1-4 household uses and for townhouses and rowhouses. Staff determined that this amount of turfgrass provided on a lot does not detract from the intended benefits in the proposed ordinance based on analysis of minimum lot sizes permitted in code and typical lot and landscaped area configurations. After considering the other open space opportunities in the code Staff concluded establishing a minimum of 400 sq. ft. could provide for both functional space with turf and is generally consistent with other related code provisions. Applying the guaranteed turfgrass allowance across all lot sizes will apply equally to all properties which will simplify the design and review process. The City Commission has the following alternatives when considering amending motion 2 from the Community Development Board: 1) Approve the recommended code amendments as currently proposed with no changes to turfgrass area provided for lots subject to sketch plan review, or 200 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 39 of 40 2) Include the maximum turfgrass area of 400 square feet or 35% of landscaped area whichever is more to all lots subject to sketch plan review as provided above by staff, or 3) Include the maximum turfgrass area of 400 square feet or 35% to only lots sized smaller than 4,000 square feet and subject to sketch plan review as provided above by staff, or 4) As determined by the City Commission. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was published in the Bozeman Daily Chronicle on 3/9/2024, 3/16/2024, and 3/30/2024. A copy of the proposed ordinance and resolution was also made available at the Bozeman Public Library, and through the Water Conservation Division website. These notices contain all required elements. Notice was provided at least 15 days before the public hearing conducted by the Community Development Board in their capacity as the Zoning Commission, and not more than 45 days prior to the City Commission public hearing. Public comment was received at the Community Development Board hearing and is detailed in the Executive Summary above. No written public comments have been received as of the date this report was written. APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF Applicant: City of Bozeman, PO Box 1230, Bozeman, MT 59771 Representative: Water Conservation Division, City of Bozeman, PO Box 1230, Bozeman, MT 59771 Report By: Jessica Ahlstrom, Water Conservation Program Manager Danielle Garber, Senior Planner FISCAL EFFECTS None at this time related to the text of this amendment. Two staff positions have been approved and filled to support the implementation of the proposed standards. ATTACHMENTS The full application and file of record can be viewed digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at 201 23343, Staff Report for Ordinance 2155 – Water Efficient Landscape Ordinance Page 40 of 40 https://www.bozeman.net/departments/community-development/planning/project- information-portal, select the “Project Documents Folder” link and navigate to application 23343. Project documents are available at this direct link to the public Laserfiche archive for application 23343 with direct links to individual documents provided below: Ordinance 2155 – Water Efficient Landscape Ordinance Draft Resolution 5586 – City of Bozeman Landscape and Irrigation Performance and Design Standards Manual (with revisions as discussed above) Additional materials are also available on the Water Conservation website page for the proposed standards. 202 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Program Manager SUBJECT:Authorize the Mayor to Sign a Letter of Support for Hidden Creek Homes MEETING DATE:April 23, 2024 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Consider the Motion: Authorize the Mayor to Sign a Letter of Support for Hidden Creek Homes STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The Gallatin County Rest Home redevelopment, known as Hidden Creek Homes, will consist of 150 permanently affordable Low-Income Housing Tax Credit (LIHTC) apartments for those earning less than 70% of the Area Median Income (AMI). The project intends to income average its units from 50% AMI to 70% AMI. Fifty percent AMI units are extraordinarily valuable in our market, as they have the potential to qualify for utilization of U.S. Department of Housing and Urban Development (HUD) Housing Choice Vouchers (HCVs). Every year in Gallatin County, numerous HCVs go unused due to the lack of qualifying units, so a project with voucher qualified units is essential. The project will also consist of 8 townhomes as part of a Community Land Trust (CLT) managed by HRDC available for households earning 120% AMI, as well as a childcare facility serving up to 50 children. Gallatin County intends to contribute the land and up to $2 million in American Rescue Plan Act (ARPA) funds as well as provide a $500,000 low interest pre-development loan to help ensure the success of the project. The project currently has a significant funding gap and is exploring a variety of potential funding sources. UNRESOLVED ISSUES:None ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:None at this time. Attachments: 203 Mayor's Letter to Montana Board of Housing 2024.pdf Report compiled on: April 15, 2024 204 205