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HomeMy WebLinkAbout05-07-24 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. Authorize Absence D.1 Authorize the Absence of Commissioner Christopher Coburn (Maas) E. FYI F. Commission Disclosures G. Approval of Minutes G.1 Approve the Regular Meeting Minutes from: 10-17-23 City Commission Meeting 11-28-23 THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, May 7, 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: Authorize the Absence of Commissioner Christopher Coburn 1 City Commission Meeting 04-02-24 City Commission Meeting 04-16-24 City Commission Meeting(Maas) H. Consent H.1 Accept the Resignation of City Commissioner Christopher Coburn (Maas) H.2 Accounts Payable Claims Review and Approval (Armstrong) H.3 Approval of depository bonds and pledged securities as of March 31, 2024.(Clark) H.4 Notice of Award and Contract Agreement for Application of an Asphalt Surface Treatment(Ross) H.5 Authorize the Interim City Manager to Sign a Memorandum of Understanding between the City of Bozeman and Montana State University for Collaborative Coursework Projects through the Community-engaged And Transformational Scholarship (CATS) Program(Clark) H.6 Authorize the City Manager to Sign a Professional Services Agreement with SCS Wraps for Interior Art Installation at Bozeman Swim Center(Ziegler) H.7 Authorize the City Manager to Sign Amendment 1 to Professional Services Agreement with Jackson Contractor Group for Facilities Projects(Ziegler) H.8 Authorize the City Manager to Sign a Second Amendment to Architectural Services Agreement with A&E Design for Bozeman City Hall Renovation(Ziegler) H.9 Authorize City Manager to sign Amendment No. 2 to the Professional Services Agreement with Morrison Maierle for the Sourdough Creek Intake Improvements Project.(Murray) H.10 Authorize the City Manager to Sign Task Order 5 with HDR Engineering, Inc., to complete Water Quality Monitoring for the East Gallatin River for the 2024 Field Monitoring Season(Heaston) H.11 Authorize the City Manager to Sign a Task Order Eight with Economic and Planning Systems (EPS) for the Miller Global Affordable Housing Ordinance Density Bonus Review(Fine) H.12 Resolution 5593 Creation of Special Improvement Lighting District 782 Aaker Subdivision(Hodnett) H.13 Ordinance 2158, Final Adoption, Updating Manner of Collection for Lane/Shoulder/Path Mitigation Fees(Ross) H.14 Ordinance 2159, Final 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) Consider the Motion: I move to approve the combined City Commission minutes as submitted . 2 H.15 Ordinance 2160, Final 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 Property is Located on the Northeast Corner of the Intersection of 19th Avenue and Graf Street, Application 23059.(Cramblet) H.16 Ordinance 2163, Final Adoption, Prohibition of Parking in Bike Lanes(Ross) I. Public Comment J. Special Presentation J.1 Bozeman Fire Department 2023 Annual Report (Josh Waldo, Fire Chief ) J.2 Cooperative Holistic Innovative Local Design (CHILD) Task Force Strategic Plan for Child Care in Gallatin County Special Presentation(Jesse DiTommaso) K. Action Items K.1 Harper's Corner Zone Map Amendment Requesting an Initial Zone District of R-4 (Residential High Density District) on Two Parcels with a Total of 40.12 Acres. The Subject Site is Located East and South of Hidden Valley Road About One Quarter Mile East of Harper Puckett Road. Application 23127.(Cramblet) L. Appointments L.1 Appointment to the Police Commission(Maas) M. FYI / Discussion N. Adjournment 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. Consider the Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 23127 and move to approve the Harper's Corner Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. Consider the Motion: I move to appoint one member with a term expiring April 30, 2026 to the Police Commission. 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 406.582.3232 (TDD 406.582.2301). 3 Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 4 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Chuck Winn, Interim City Manager SUBJECT:Authorize the Absence of Commissioner Christopher Coburn MEETING DATE:May 7, 2024 AGENDA ITEM TYPE:Administration RECOMMENDATION:Consider the Motion: Authorize the Absence of Commissioner Christopher Coburn STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. BACKGROUND:Commissioner Coburn informed Mayor Cunningham and Interim City Manager Winn that he will not be in attendance. UNRESOLVED ISSUES:None. ALTERNATIVES:As per Commission. FISCAL EFFECTS:None. Report compiled on: April 22, 2024 5 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: 10-17-23 City Commission Meeting 11-28-23 City Commission Meeting 04-02-24 City Commission Meeting 04-16-24 City Commission Meeting MEETING DATE:May 7, 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. 6 FISCAL EFFECTS:None Attachments: 10-17-23 City Commission Meeting Minutes.pdf 11-28-23 City Commission Meeting Minutes.pdf 04-02-24 City Commission Meeting Minutes.pdf 04-16-24 City Commission Meeting Minutes.docx Report compiled on: March 11, 2024 7 Bozeman City Commission Meeting Minutes, October 17, 2023 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES October 17, 2023 Present: Cyndy Andrus, Terry Cunningham, Jennifer Madgic, Christopher Coburn Absent: None Excused: I-Ho Pomeroy Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, and City Clerk (CC) Mike Maas A) 00:30:00 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:31:03 Pledge of Allegiance and a Moment of Silence C) 00:31:46 Changes to the Agenda D) 00:31:58 FYI CM Mihelich noted the first full draft of the Gallatin Valley Sensitive Lands Protection Plan is available for review. E) 00:32:52 Commission Disclosures F) 00:32:54 Consent F.1 Accept the Resignation of City Commissioner I-Ho Pomeroy Commissioner Pomeroy Resignation of 10-02-23.pdf Ad for CC vacancy.docx F.2 Accounts Payable Claims Review and Approval F.3 Authorize the City Manager to Accept the Police Department Byrne Memorial Justice Grant (JAG) Award Department of Justice Award Notification.pdf Byrne Memorial Justice Grant Supporting Narrative.pdf F.4 Authorize the City Manager to Accept the Adult Drug Court Discretionary Grant Award Award Acceptance BJA Drug Court Planning and Implementation Grant Application Package.pdf F.5 Authorize the City Manager to sign Memorandum of Understanding for the City-County Solid Waste Transfer Station 8 Bozeman City Commission Meeting Minutes, October 17, 2023 Page 2 of 8 Transfer Station MOU (9.27.23) F.6 Authorize the City Manager to sign a Lease-Purchase Agreement with Lease Servicing Center, Inc dba NCL Government Capital for a 2023 Elgin Broom Bear Sweeper City of Bozeman Broom Bear Proposal Complete Document Package F.7 Authorize the City Manager to Sign a Professional Services Agreement with Community Planning Collaborative for the Historic Preservation Policy and Local Landmark Program. Landmark Program_PSA_DraftFinal_CPC signed.pdf F.8 Authorize the City Manager to Sign a Professional Services Agreement with Montana Boiler Service, Inc. PSA for WRF Boiler #1 Retube.pdf Exhibit A MBSProposal.pdf F.9 Authorize the City Manager to Sign a Second Contract Extension Amendment for One Additional Year with Neo Solutions Inc 21- Purchase Agreement - Neo Solutions - WRF Polymer.pdf SECOND AMENDMENT TO PSA.pdf F.10 Resolution 5533, Annexation of 20.515 Acres, the 4840 Fowler Lane Annexation , Application 22383. Resolution 5533 4840 Fowler Lane Annexation.pdf 4840 FOWLER ANNEXATION MAP.pdf FINAL Annexation Agreement 22383 (4840 Fowler Ln).pdf F.11 Ordinance 2150, Final Adoption of the 4840 Fowler Lane Zone Map Amendment Initially Establishing an R-4, Residential High Density District Zone to 20.515 Acres in Association with Annexation of the Same, Resolution 5533, the 4840 Fowler Lane Annexation, Application 22383. Ordinance 2150 4840 Fowler Ln Annexation ZMA.pdf 4840 FOWLER ZMA MAP.pdf 00:32:58 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:34:09 Public Comment Mayor Andrus opened the Consent Agenda for public comments. 00:34:41 Motion to approve Consent Items 1 - 11 as submitted. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:34:55 Vote on the Motion to approve Consent Items 1 - 11 as submitted. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Disapprove: 9 Bozeman City Commission Meeting Minutes, October 17, 2023 Page 3 of 8 None G) 00:35:01 Public Comment Mayor Andrus opened general public comments. 00:35:50 Leif Sundeen commented on actions by Billings. 00:37:06 Guy Santiglia commented on urban camping in other cities compared to Bozeman. 00:40:26 Natsuki commented on the City of Bozeman leading by example to create a Housing Authority. 00:42:46 Danny Baldocchi commented on behalf of AirBnB in opposition to Ordinance 2149. H) 00:45:57 Action Items H.1 00:46:00 Ordinance 2149, Provisional Adoption of the Short Term Rentals Text Amendment, Application 23281 23281 CC Staff Report - STRs ZTA Final.pdf Draft Ordinance 2149.pdf 00:46:23 Staff Presentation Deputy Director of Community Development Erin George presented Ordinance 2149, the history and timeline, current types of short-term rentals (STRs), current allowances, a summary of the August 8, 2023 Work Session, a summary of the proposed ordinance, the zoning criteria, a summary of public notice and received comments, and recommendations. 00:59:07 Questions of Staff 01:17:25 Public Comment Mayor Andrus opened this item for public comment. 01:18:10 Kent Madin commented in opposition to the ordinance. 01:20:33 Jackson Sledge commented in support of the ordinance. 01:22:49 Bryanna commented in support of the ordinance. 01:25:15 Olive Nakano Sohn commented in support of the ordinance. 01:27:50 Marie S. commented in support of the ordinance. 01:30:23 Benjamin Patrick Finnegan commented in support of the ordinance. 01:32:43 Ted Kotey commented in opposition to the ordinance. 01:35:55 Jeremy Segal commented in opposition to the ordinance. 10 Bozeman City Commission Meeting Minutes, October 17, 2023 Page 4 of 8 01:39:00 Bob Tamasitus commented in opposition to the ordinance. 01:42:08 Jill McJunkin commented in opposition to the ordinance. 01:45:24 Liz Nitz commented in opposition to the ordinance. 01:47:40 Ellie Swanson commented in opposition to the ordinance. 01:50:52 Jade commented in opposition to the ordinance. 01:52:04 Nick Hostetler commented in support of the ordinance. 01:54:15 Allison Konkel commented in opposition to the ordinance. 01:56:53 Don Kirby commented in opposition to the ordinance. 01:59:07 Lisa Collins commented in opposition to the ordinance. 02:02:01 Vince Hockett commented in support of the recommended changes to the ordinance. 02:05:10 Ian Dodd commented in opposition to the ordinance. 02:06:02 Dan Kaveney commented on community and safety. 02:08:23 Tyler Winkler commented in opposition to the ordinance. 02:10:27 Will Shepard, Government Affairs Director of the Gallatin Association of Realtors, commented in opposition to the ordinance. 02:11:41 Stephanie Baucus commented in opposition to the ordinance. 02:14:54 Glen Konkel commented in opposition to the ordinance. 02:18:13 Luke Maples commented in opposition to the ordinance. 02:20:23 Trisha commented in opposition to the ordinance. 02:21:51 Reid Hogan commented in opposition to the ordinance. 02:22:45 Marcy Yamasaki commented in opposition to the ordinance. 02:24:37 Paul House commented in opposition to the ordinance. 02:27:45 Jenny Grosenbacher commented in opposition to the ordinance. 02:29:44 Jeff Prickett commented in opposition to the ordinance. 02:31:17 Reno Walsh commented in opposition to the ordinance. 11 Bozeman City Commission Meeting Minutes, October 17, 2023 Page 5 of 8 02:33:48 Emily commented in support of the ordinance. 02:36:34 Jan Strout commented in support of the ordinance. 02:40:24 Guy Santiglia commented in opposition to the ordinance. 02:42:29 Evan McCrotter commented in opposition to the ordinance. 02:44:34 Tom Barlow commented in opposition to the ordinance. 02:47:20 Riley Rivers commented in opposition to the ordinance. 02:48:20 Emily Talago commented on the ordinance. 02:51:33 Greg Nyhus commented in opposition to the ordinance. 02:54:56 Kathi Dassonville commented in opposition to the ordinance. 02:58:43 Andrea Smith commented in opposition to the ordinance. 03:02:06 Amaia Sangroniz commented in support of the ordinance. 03:03:43 Jennifer Schilp commented in opposition to the ordinance. 03:05:49 Lawrence and Leslie Hilliard commented in opposition to the ordinance. 03:08:10 Recess Mayor Andrus called the meeting into recess. 03:15:03 Call to Order Mayor Andrus called the meeting back to order. 03:15:10 Staff Response to Public Comments 03:17:22 Motion to approve Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23281 and move to provisionally adopt Ordinance 2149. Christopher Coburn: Motion Terry Cunningham: 2nd 03:17:40 Discussion 03:53:19 Motion to amend to continue the licensing permitting of existing compliant type-3 STR's at the licensee's permittee's request. 12 Bozeman City Commission Meeting Minutes, October 17, 2023 Page 6 of 8 Jennifer Madgic: Motion Terry Cunningham: 2nd 03:52:00 Amendment: Madgic Second: Cunningham Continue permitting of existing compliant at permitee's request. - CDB recommendation 03:53:44 Discussion 04:02:48 Clarification of City Attorney 04:04:19 Discussion on the amendment continued 04:08:15 Vote on the Motion to amend to continue the licensing permitting of existing compliant type-3 STR's at the licensee's permittee's request. The Motion carried 3 - 1. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Disapprove: Christopher Coburn 04:08:29 Discussion continued 04:10:12 Vote on the Motion to approve Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23281 and move to provisionally adopt Ordinance 2149. The Motion carried 3 - 1. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Disapprove: Christopher Coburn I) 04:10:31 Work Session I.1 04:11:32 Belonging in Bozeman Plan Work Session BiB Goals and Recommendations 10-11-2023.pdf 04:12:13 Staff Presentation Associate Planner, Nakeisha Lyon, and Community Engagement Coordinator, Dani Hess, presented the overview of the plan, recent efforts, updated timeline, community chats overview and key themes, the Economic Vitality Board (EVB) feedback recap, and the guiding questions for the Commission,. They presented some themes from the plan and results from the Community Liaisons, 13 Bozeman City Commission Meeting Minutes, October 17, 2023 Page 7 of 8 04:30:13 Mayor Andrus extended the meeting until 10:15 p.m. 04:30:19 Presentation continued Planner Lyon presented a list of input providers, next steps, and returned to the guiding questions. 04:36:50 Questions and Discussion 04:43:30 Mayor Andrus extended the meeting until 10:30 p.m. 04:43:34 Questions and Discussion continued 04:50:45 Public Comment There were no public comments on this item. J) Appointments J.1 04:51:07 Appointment to the Gallatin Valley Urban Transit District Board GVUTD_Board_Application_Kristin Blackler.pdf 04:51:15 Public Comment 04:51:32 Motion to appoint Kristin Blackler to the Gallatin Valley Urban Transit District Board. Jennifer Madgic: Motion Christopher Coburn: 2nd 04:51:40 Vote on the Motion to appoint Kristin Blackler to the Gallatin Valley Urban Transit District Board. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K) 04:51:51 FYI / Discussion L) 04:52:00 Adjournment ___________________________________ Terry Cunningham Mayor 14 Bozeman City Commission Meeting Minutes, October 17, 2023 Page 8 of 8 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: May 7, 2024 15 Bozeman City Commission Meeting Minutes, November 28, 2023 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES November 28, 2023 Present: Cyndy Andrus, Terry Cunningham, Jennifer Madgic, Christopher Coburn Absent: None Excused: None Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, and City Clerk (CC) Mike Maas A) 00:29:25 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:30:25 Pledge of Allegiance and a Moment of Silence C) 00:31:23 Changes to the Agenda D) 00:31:32 FYI CM Mihelich provided an update on the UDC engagement survey and letters from Santa program. E) 00:33:10 Commission Disclosures Mayor Andrus disclosed campaign donors, a number of appointed board members, Mr. LaMeres. former employment and Ms. Hill is her neighbor. DM Cunningham disclosed past service with Mr. LaMeres, current Sustainability Service with Ms. Bode, and Mr. Fischer, campaign donors. F) 00:35:02 Consent F.1 Accounts Payable Claims Review and Approval F.2 The Montana Department of Commerce Big Sky Economic Development Trust Fund Program Contract Extension (Amended Contract MT-BSTF-1-23-20A) and Grant Award Increase for Bridger Photonics, Inc., authorize the City manager, or their designee, to execute additional documents required to facilitate and manage the amended BSTF contract(s), and authorize increased budget authority from the original grant award amount of $150,000 to the amended grant award amount of $300,000; an increase of $150,000 CC_Memo_-_11-15-23_Briger_Photonics_Extension (2).docx 16 Bozeman City Commission Meeting Minutes, November 28, 2023 Page 2 of 8 City of Bozeman - MT-BSTF-1-23-20 - Contract Extension Approval Letter.pdf Montana_Department_of_Commerce_Contract_MT-B.pdf Amended Bridger Photonics Bus Assis Agree-Mngmt Plan.pdf Budget Amendment 11-13-23 Bridger Photonics.docx F.3 Ordinance 2154, Final Adoption of the 1801 and 1805 Willow Way Zone Map Amendment Initially Establishing an R-4 , Residential High Density District Zone to 1.06 Acres in Association with Annexation of the Same, Resolution 5550. Ordinance 2154 - 1801&1805 Willow Way Annexation ZMA.pdf 007 - ZMA Map.pdf 00:35:05 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:35:27 Public Comment There were no comments on the Consent Agenda 00:35:51 Motion to approve Consent Items 1 through 3 as submitted. Christopher Coburn: Motion Terry Cunningham: 2nd 00:35:56 Vote on the Motion to approve Consent Items 1 through 3 as submitted. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Disapprove: None G) 00:36:07 Public Comment Mayor Andrus opened general public Comments. 00:36:54 State Senator Chris Pope, SD31, commented in support for the on the Green Power Program. 00:40:22 John Meyer commented on a development moratorium in response to water supply concerns. H) 00:43:36 Other Agency Hearing H.1 00:43:41 Public Hearing for the North 3rd Apartments and the 14th & Patrick Low Income Housing Tax Credit (LIHTC) Projects Applying for Real Property Tax Exemption from Montana Board of Housing Project description 14 Patrick 10.24.23.pdf Project description North 3rd 10.24.23.pdf 17 Bozeman City Commission Meeting Minutes, November 28, 2023 Page 3 of 8 00:44:11 Staff Presentation Economic Development Program Manager David Fine presented the affordable housing projects applying for tax credits. 00:47:10 Questions of Staff 00:49:59 Public Comment There were no comments on this item. 00:50:40 Commission Discussion I) Appointments I.1 00:55:37 Appointments to the Board of Ethics James Tobin.pdf Mark Bond.pdf Sara Rushing.pdf 00:55:38 Public Comment There were no comments on this item. 00:56:09 Motion to appoint two members to the Board of Ethics with terms expiring July 31, 2025. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:56:28 Vote on the Motion to appoint two members to the Board of Ethics with terms expiring July 31, 2025. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Disapprove: None J) 00:56:39 Action Items J.1 00:56:42 Authorize the City Manager to Sign the Green Power Program Term Sheet with NorthWestern Energy Green Power Program FAQ_Bozeman_11-17-2023.pdf Green Power Program Term Sheet_11-02-2023.pdf 00:57:22 Staff Presentation Sustainability Program Manager Natalie Meyer presented the background on the program, the process bringing us to this point, the process moving forward, the features and the provisions of the program, community feedback, and summary. 18 Bozeman City Commission Meeting Minutes, November 28, 2023 Page 4 of 8 01:13:25 Questions of Staff 01:27:20 Public Comment 01:27:30 Glen Monahan commented with concerns about the program. 01:29:37 Troy Miller commented on alternative energy. 01:30:40 Nancy Schultz commented on the program and concerns of renewable energy credits. 01:31:45 Motion to authorize Having reviewed and considered the draft Green Power Program Term Sheet, the staff report, public comment, the recommendation from the Sustainability Advisory Board, and all information presented, I move to authorize the City Manager to sign the Green Power Program Term Sheet with NorthWestern Energy and administratively approve future minor changes. Christopher Coburn: Motion Terry Cunningham: 2nd 01:32:06 Discussion 01:41:53 Vote on the Motion to authorize Having reviewed and considered the draft Green Power Program Term Sheet, the staff report, public comment, the recommendation from the Sustainability Advisory Board, and all information presented, I move to authorize the City Manager to sign the Green Power Program Term Sheet with NorthWestern Energy and administratively approve future minor changes. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Disapprove: None J.2 01:43:14 Appoint a New Bozeman City Commissioner Ad_for_CC_vacancy.pdf Oath of Office - TBD.docx Emma Bode.pdf Roger Blank.pdf Chris Brizzolara.pdf Blake Charres.pdf Darrell Cherry.pdf Jason Delmue.pdf Mark Egge.pdf Dennis Erickson.pdf Douglas Fischer.pdf Daniel Gaugler.pdf 19 Bozeman City Commission Meeting Minutes, November 28, 2023 Page 5 of 8 Nathan Gracey.pdf Lauren Hill.pdf Matt Jamison.pdf Angie Kociolek.pdf Brian LaMeres.pdf Mike Long.pdf John Meyer.pdf Padden Guy Murphy.pdf Vickie Ng.pdf Brad Thome.pdf 01:43:22 Process Discussion 01:44:51 Candidate Statements 01:45:28 Emma Bode 01:48:49 Roger Blank 01:51:38 Chris Brizzolara 01:53:25 Blake Charres 01:54:47 Darrell Cherry - unable to attend 01:55:05 Jason Delmue 01:58:21 Mark Egge 02:01:29 Dennis Erickson 02:04:50 Douglas Fischer 02:08:00 Daniel Gaugler 02:11:05 Nathan Gracey 02:13:57 Lauren Hill 02:17:22 Matt Jamison -remotely 02:19:32 Angie Kociolek - remotely 02:22:04 Brian LaMeres 02:25:14 Mike Long 02:28:34 John Meyer 20 Bozeman City Commission Meeting Minutes, November 28, 2023 Page 6 of 8 02:31:08 Padden Guy Murphy 02:34:08 Vickie Ng 02:37:29 Brad Thome - not present 02:37:45 Recess Mayor Andrus called the meeting to recess. 02:46:11 Call to Order Mayor Andrus called the meeting back to order. 02:46:32 Public Comment Mayor Andrus opened this item for public comment. 02:46:51 Nancy Schultz commented in favor of John Meyer. 02:48:25 Eileen Guthrie commented in favor of Roger Blank. 02:49:16 Heidi Robison commented in favor of Douglas Fischer. 02:51:00 Emma Papision commented in favor of Emma Bode. 02:53:11 Ed Stone commented in favor of John Meyer. 02:55:06 Carly Bryant commented in favor of Emma Bode. 02:56:45 Tanya Reinhardt commented in favor of Douglas Fischer. 02:59:10 August Schuerr commented in favor of Emma Bode. 03:00:20 Daniel Carty commented in favor of Angie Kociolek or John Meyer. 03:02:35 Evan Romasko-Kelly comment in favor of Emma Bode. 03:04:24 Glenn Monahan commented in favor of John Meyer. 03:06:30 Jasper Schuerr commented in favor of Emma Bode. 03:07:37 Rob Funderburk commented in favor of Douglas Fischer. 03:08:35 Natsuki Nakamara commented in favor of John Meyer. 03:10:05 Jeremy Seglem commented on the appointment process. 03:11:45 Liz Sampik commented in favor of Douglas Fischer. 21 Bozeman City Commission Meeting Minutes, November 28, 2023 Page 7 of 8 03:13:20 Amelia Hartshorn commented in favor of Douglas Fischer. 03:14:20 Kirsten E. Wise commented in favor of Mark Egge and Emma Bode. 03:15:44 Stewart Mitchell commented. 03:17:55 Eva Molina commented in favor of Emma Bode. 03:20:13 Guy Santiglia comment in favor of Roger Blank. 03:21:29 Ruthie Bargour commented in favor Emma Bode. 03:23:12 Discussion 04:07:25 Motion to appoint Douglas Fischer to be the next Bozeman City Commissioner. Terry Cunningham: Motion Terry Cunningham: 2nd 04:07:40 Discussion 04:09:32 Vote on the Motion to appoint Douglas Fischer to be the next Bozeman City Commissioner. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham Jennifer Madgic Christopher Coburn Disapprove: None 04:10:20 Oath of Office CM Mihelich swore in the new Commission member 04:11:54 Welcome of Douglas Fischer K) 04:12:14 FYI / Discussion L) 04:12:20 Adjournment ___________________________________ Terry Cunningham Mayor 22 Bozeman City Commission Meeting Minutes, November 28, 2023 Page 8 of 8 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: May 7, 2024 23 Bozeman City Commission Meeting Minutes, April 2nd, 2024 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES April 2nd, 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) 00:47:25 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:49:09 Pledge of Allegiance and a Moment of Silence C) 00:49:57 Changes to the Agenda D) 00:50:09 Public Service Announcements D.1 The City of Bozeman's Public Comments email address is changing E) 00:51:43 FYI Mayor Cunningham thanked Deputy Mayor Morrison for chairing the March 26th, 2024 Commission Meeting. Mayor Cunningham noted that the Commission has received a number of comments concerning reclaiming the Guthrie Project; however, the Commission has not received 3 or more requests from Commissioners to reclaim and will follow regular protocol concerning this process. ACM Winn announced Clean Up Bozeman day in celebration of Earth Day. ACM announced that our Sustainability Coordinator noticed that our Solar Cells were producing 100% of the power needs at the Public Safety Center. F) 00:54:38 Commission Disclosures There were no disclosures. 24 Bozeman City Commission Meeting Minutes, April 2nd, 2024 Page 2 of 9 G) 00:54:45 Approval of Minutes G.1 Approve the Regular Meeting Minutes from: 07-11-23 City Commission Meeting 07-25-23 City Commission Meeting 08-01-23 City Commission Meeting 07-11-23 City Commission Meeting Minutes.docx 07-25-23 City Commission Meeting Minutes.docx 08-01-23 City Commission Meeting Minutes.docx 00:54:51 Motion to approve Consider the Motion: I move to approve the combined City Commission minutes as submitted. Joey Morrison: Motion Jennifer Madgic: 2nd 00:54:57 Vote on the Motion to approve Consider the Motion: I move 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 H) 00:55:15 Consent H.1 Accounts Payable Claims Review and Approval H.2 Authorize the City Manager to Sign an Agreement with the Montana Department of Transportation for E Valley Center, N 19th Ave, and Flanders Mill Bike Ped Path Construction - Bozeman UPN 10453. Transportation Alternatives Capital Construction Grant Agreement for signature.pdf TA Capital Construction Grant Tracking Form_signed.pdf H.3 Authorize the City Manager to sign the Notice of Award and contract documents for the 2024 Curb and Sidewalk Improvements Project to AV Construction, Inc. signed bid tab.pdf AWARD.docx H.4 Authorize the City Manager to Sign a Notice of Award to Olympus Technical Services, Inc. for construction of the 2024 Soil Vapor Extraction Extension Project Draft Notice of Award Bid Tab- 2024 SVE Extension H.5 Authorize the City Manager to Sign an Agreement with the Montana Department of Transportation for Huffine Lane, N 19th Ave, and Oak St Path Preservation II - Bozeman UPN 10450. Transportation Alternatives Pavement Preservation Grant Agreement_for signature.pdf TA Pavement Preservation Grant Tracking Form_signed.pdf 25 Bozeman City Commission Meeting Minutes, April 2nd, 2024 Page 3 of 9 H.6 Authorize the City Manager to Sign a Memorandum of Understanding Between Gallatin County and City of Bozeman to Develop a Governance Structure for the Gallatin Abatement Region for the Disbursement of Montana Opioid Abatement Trust Funds MOAT MOU Gallatin Metro Abatement Region_FINAL.docx Original MOU 2021_11_26-Distributors-MT-MOU.pdf H.7 Authorize the City Manager to Sign a Percent for Art Agreement and Waiver of Proprietary Rights with Matt Babcock for the Commissioning of "Lynx Caeruleum" Statue at Fire Station 2 Percent for Art General Contract - Matt Babcock - LYNX CAERULEUM - Compiled.pdf Waiver of Proprietary Rights - Babcock - LYNX CAERULEUM.pdf Bozeman Firestation No. 2 Proposals.pdf H.8 Authorize the Destruction of Municipal Records in Accordance with MCA, 7-5-4124 as Authorized by the Local Records Committee per MCA 2-6-1202 RM88_Records_Destruction 20 March 24.docx H.9 Authorize the City Manager to Sign a Professional Services Agreement with BYLA Landscape Architects for the Cattail Creek Corridor Anchor Route and Park Master Plan PSA BYLA for Cattail Creek Corridor Park Master Plan - Final.docx Exhibit A - Anchor Route Study and Park Master Plan for the Cattail Creek Corridor - Final.docx H.10 Authorize the City Manager to Sign a Professional Service Agreement with Anjali Nandi to Provide Motivational Interviewing Training for the BRIDGERS DUI Treatment Court Team Nandi-MI contract.docx H.11 Authorize the City Manager to Sign Amendment No. 1 to the Professional Services Agreement with Respec Company LLC for the Groundwater Investigation Services Phase 4 Project Amendment 1_PSA Respec Groundwater Investigation Services Ph 4.pdf ACM Winn presented the highlights of the Consent Agenda 00:56:25 Public Comment on the Consent Agenda There was no comment on the Consent Agenda 00:57:14 Motion to approve Consider the Motion: I move to approve Consent Items 1 - 11. Jennifer Madgic: Motion Douglas Fischer: 2nd 00:57:27 Vote on the Motion to approve Consider the Motion: I move to approve Consent Items 1 - 11. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: 26 Bozeman City Commission Meeting Minutes, April 2nd, 2024 Page 4 of 9 None I) 00:57:50 Public Comment 00:59:00 Noah ten Broek commented in opposition to the Gutherie Project. 01:02:57 Scott Boyd commented in opposition of the Guthrie Project. 01:05:59 Rick Kerin commented in opposition to the Guthrie Project. 01:07:01 Jacob Klatt commented in opposition to the Guthrie Project. 01:09:24 Amy Kelly Hoitsma commented in opposition to the Guthrie Project. 01:11:55 Gary Deline commented in opposition to the Guthrie Project. 01:14:57 Karen Sanchez commented in opposition to the Guthrie Project. 01:17:52 Sarah Montano commented on neighborhood residential stability. 01:20:57 Daniel Carty commented in opposition to the Guthrie Project. 01:23:20 Doug Wells commented in opposition to the Guthrie Project. 01:26:17 Angie Kociolek commented in opposition to the Guthrie Project. 01:29:30 Stuart Mitchell commented in opposition to the Guthrie Project. 01:32:49 Mike Hope commented on new development without parking. 01:36:06 Tim Marsenko commented in opposition to the Guthrie Project. 01:39:00 Alison Sweeney commented in opposition to the Guthrie Project. 01:42:02 Jane Jelinski commented in opposition to the Guthrie Project. 01:44:48 Tyler Boyer commented in opposition to the Guthrie Project. 01:48:05 Jeanie Gracey commented in opposition to the Guthrie Project. 01:49:20 Natsuki Nakamura commented in opposition to the Guthrie Project. 01:51:41 Mindy Visser commented in opposition to the Guthrie Project. 01:53:49 Peter Momson commented on parking. 01:54:54 Mark Egge commented in support of the Guthrie Project. 01:58:00 Rose Kane commented in opposition to the Guthrie Project. 27 Bozeman City Commission Meeting Minutes, April 2nd, 2024 Page 5 of 9 02:00:55 Lila Cebulla commented in opposition to the Guthrie Project. 02:02:26 Mark Campenelli commented in opposition to the Guthrie Project. 02:03:28 Martin Coleman commented in opposition to the Guthrie Project. 02:05:30 Becky Parker commented in opposition to the Guthrie Project. 02:06:22 Chris Campbell commented in opposition to the Guthrie Project. 02:08:30 Ren Killian commented in opposition to the Guthrie Project. 02:10:30 Eric Simich commented in opposition to the Guthrie Project. 02:13:25 Corrine Garcia commented in opposition to the Guthrie Project. 02:14:46 Tom Keck commented in opposition to the Guthrie Project. 02:16:32 Emily Cleveland commented in opposition to the Guthrie Project. 02:18:15 Ada Justi commented in opposition to the Guthrie Project. 02:19:30 Emily Talago commented in opposition to the Guthrie Project. 02:23:00 Linsey Van Siggard commented from the perspective of Home Base development. 02:23:53 Jerry Pape commented in opposition to the Guthrie Project. 02:26:55 Betsy Buffington commented about the community of her neighbors. 02:29:25 Michelle Osman commented in opposition to the Guthrie Project. 02:31:00 Marcia Kaveney commented in opposition to the Guthrie Project. 02:32:26 Rebekah Marshall commented in opposition to the Guthrie Project. 02:35:50 Guy Santiglia spoke in opposition to Ordinance 2147 and Urban Camping. 02:39:50 Mayor Cunningham called the meeting into recess 02:52:20 Mayor Cunningham called the meeting back to order. J) 02:52:33 Action Items J.1 Growth Policy Amendment Application, Nexus Point GPA to Revise the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use on Approximately 1.23 acres. The property is located between Arnold and Graf Streets, west of South 19th Avenue, Application 23205 28 Bozeman City Commission Meeting Minutes, April 2nd, 2024 Page 6 of 9 001 GPA Exhibit.pdf 23205 Nexus Point GPA.pdf 23205 Nexus Point GPA CC SR.pdf ACM Winn introduced Action Item J.1. 02:53:36 Staff Presentation City Planner Tom Rogers presented Nexus Point GPA Application 23205, Application to amend the future land use map of tge BCP 2020, Existing Zoning Map, Growth Policy Chapter 5-Amendment Criteria, Public Notice, Public Comment, Recommendation, Unique Applicant Because (see Section 4, criterion 1), Excerpt from Original Master Site Plan Application Narrative, Conclusion. 03:05:07 Questions of Staff Applicant Presentation 03:10:28 Liz Mans, of Madison Engineering representing Nexis Point LLC gave the Applicant Presentation: History of Zoning on the land that now contains the Nexus Point Development. Current Developer Building Plans. Preliminary Water and Sewer Use Analysis. 03:14:28 Steve Moore continued the Applicant Presentation: Explanation of Current Development as it is, Negotiation for a Market in the Development is what prompted the Request to Amend the Future Land Use Map, What will make this Development Walkable. 03:19:09 Questions of Applicant 03:19:40 Public Comment on Action Item J. 1. 03:20:10 Marcia Kaveney commented in opposition to the Applicants Request. 03:23:54 Motion to approve - Having reviewed and considered the application materials, public comment, Community Development Board recommendation, and all the information presented, I hereby adopt the findings presented in the staff report and move to approve Application 23205, the Nexus Point Growth Policy Amendment. Douglas Fischer: Motion Christopher Coburn: 2nd 03:24:19 Discussion 03:33:07 Vote on the Motion to approve - Having reviewed and considered the application materials, public comment, Community Development Board recommendation, and all the information presented, I hereby adopt the findings presented in the staff report and move to approve Application 23205, the Nexus Point Growth Policy Amendment. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison 29 Bozeman City Commission Meeting Minutes, April 2nd, 2024 Page 7 of 9 Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None J.2 The Nexus Point Zone Map Amendment requesting Amendment of the City Zoning Map to Change the Zoning from R-O (Residential Office District) to B-2M (Community Business District-Mixed) on 1.23 Acres, Change the Zoning from R-O (Residential Office District) to R-4 (Residential High Density District) on 8.8 Acres, and change the Zoning from R-O (Residential Office District) to PLI (Public Lands and Institutions) on 1.26 Acres, All Within the Nexus Point Subdivision on Approximately 11.29 Acres. The Subject Site is Located West of South 19th Avenue, North and South of Arnold Street. Application 23204. 23204 Nexus Point ZMA- CC SR.pdf ACM Winn introduced Action Item J.2. 03:33:55 Staff Presentation City Planner Elizabeth Cramblet presented the Nexus Point Zone Map Amendment; Application 23204, Rezoning, Overview of Bozeman Land Use Map, Nearby Zoning Districts, Previous Approvals, What has been Constructed, Sec. 76-2-304, MCA Zoning Criteria of Evaluation: Section 4, pg. 12 - 29. Sec. 76-2- 304, MCA Zoning Criteria of Evaluation: Section 4, pg. 30 - 42. Public Notice, Public Comment, Recommendation, and Conclusion. 03:42:15 Questions of Staff 03:46:51 Applicant Presentation Liz Mans, of Madison Engineering representing Nexis Point LLC gave the Applicant Presentation: Explanation of changes in Zoning Requests. Received Approval from Community Development Board. 03:49:45 Steve Moore, Developer of Project presented an explanation of history of plans for development. Further explanation of reasons for Rezoning Request. 03:53:30 Questions of Applicant 03:55:58 Public Comment on Action Item J. 2. There was no public comment on Action Item J.2. 03:56:41 Motion to approve - Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23204 and move to approve the Nexus Point Zone Map Amendment subject to contingencies required to complete the application processing. 30 Bozeman City Commission Meeting Minutes, April 2nd, 2024 Page 8 of 9 Douglas Fischer: Motion Christopher Coburn: 2nd 03:57:20 Discussion 04:03:47 Vote on the Motion to approve - Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 23204 and move to approve the Nexus Point Zone Map Amendment subject to contingencies required to complete the application processing. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None K) 04:04:14 Appointments K.1 Appoint a City Commissioner to Serve on the Gallatin Valley Metropolitan Planning Organization's Transportation Policy Coordinating Committee ACM Winn introduced Appointments. 04:04:35 Public Comment There was no Public Comment on Appointments 04:05:21 Motion to appoint Consider the Motion: I move to appoint Douglas Fischer to the Transportation Policy Coordinating Committee Christopher Coburn: Motion Joey Morrison: 2nd 04:05:21 Vote on the Motion to appoint Consider the Motion: I move to appoint Douglas Fischer to the Transportation Policy Coordinating Committee. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None 31 Bozeman City Commission Meeting Minutes, April 2nd, 2024 Page 9 of 9 L) 04:05:46 FYI / Discussion Commissioner Fischer commented on Public Comment on the Guthrie Project. Mayor Cunningham commented on the 30 day recommendation on Urban Camping Ordinance ACM Winn announced that Bozeman Clean Up Day is on April 20th. M) 04:08:06 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on May 7,, 2024 32 Bozeman City Commission Meeting Minutes, April 16, 2024 Page 1 of 7 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES April 16, 2024 Present:Terry Cunningham, Joey Morrison, Jennifer Madgic, Christopher Coburn, Douglas Fischer Absent:None Excused:None Staff Present at the Dais:Economic Development Director (EDD) Brit Fontenot, Assistant City Attorney (ACA) Anna Saverud, City Clerk (CC) Mike Maas A)00:10:04 Call to Order -6:00 PM -Commission Room, City Hall, 121 North Rouse B)00:11:26 Pledge of Allegiance and a Moment of Silence C)00:12:03 Changes to the Agenda D)00:12:51 FYI EDD Fontenot shared information on the general obligation bonds sale. E)00:14:10 Commission Disclosures F)00:14:24 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign a Notice of Award with Sime Construction for Westlake Park Improvements, and Final Documents Once Received Westlake_Park_Notice_of_Award (1).pdf Westlake Park_Bid_Recommendation_040424.pdf Westlake Bid Tab_Sime.pdf 21335 Westlake Site Plan excerpt.pdf F.3 Authorize City Manager to Sign Professional Services Agreement with Affion Public LLC for Executive Recruitment Services PSA -ACM 2024.docx.pdf Affion Public LLC -Scope of Services for ACM 2024.pdf 33 Bozeman City Commission Meeting Minutes, April 16, 2024 Page 2 of 7 F.5 Authorize the City Manager to Sign an Addendum to the Professional Services Agreement with Sprout, Inc. Land & Hardscaping for Median and Grounds Maintenance Services Exhibit A - City Maintenance 2024 2024 Exhibit B - Location Specific Scope of Services F.6 Authorize the City Manager to Sign an Addendum to the Professional Services Agreement with Hydrologistics Irrigation LLC for Irrigation System Start-Up, Winterization, and Maintenance Services 2024 Scope of Services 2024 Hydrologistics maintenance quote 00:14:30 Cr. Madgic requested that Consent Item F.4 be removed for further discussion. 00:15:13 Introduction EDD Fontenot provided the highlights of the Consent Agenda. 00:16:14 Public Comment There were no comments on the Consent Agenda. 00:17:54 Motion to approve Consent Items 1-3, 5 and 6 as submitted. Jennifer Madgic: Motion Douglas Fischer: 2nd 00:18:11 Vote on the Motion to approve Consent Items 1-3, 5 and 6 as submitted.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None G)00:18:29 Public Comment Mayor Cunningham opened the general public comments. 00:19:42 Jerry Pape commented on the Guthrie project. 00:23:00 Kristin Newman commented on the Belonging in Bozeman Plan and resources for ADA transition planning. 00:26:09 Nathan Gracey commented on the single-use plastics ban petition and the Guthrie project. 34 Bozeman City Commission Meeting Minutes, April 16, 2024 Page 3 of 7 00:29:05 Nancy Schultz commented on growth in Bozeman. 00:30:45 Jena Reno commented on Anna Bentley's role in the City Manager video. 00:31:57 Terry Quatraro commented on behalf of Gallatin Valley Beyond Plastics in favor of a single-use plastics ban. 00:34:20 Frannie Cosemba commented on ballot initiatives. 00:35:14 Gary Delean commented on slowing growth in Bozeman and the Guthrie. 00:36:45 Hilary Brown commented on parking minimums and the Guthrie project. 00:38:58 Ryan Rintallah commented the single-use plastic ban and election ballot initiatives. 00:40:18 Ryan Killean commented on special election initiative requirements, a single-use plastics ban, and to slow growth. 00:43:30 Charlotte Knighton commented the Guthrie and affordable housing. 00:46:54 Peter Mobson commented on the Guthrie project. H)00:49:24 Action Items F.4 00:49:37 Authorize the City Manager to Sign a Professional Services Agreement (PSA) with High Street Consulting LLC for the Bicycle and Pedestrian Gap Analysis project 20240416_PSA Bicycle and Pedestrian Gap Analysis Exhibit A_041624.pdf 00:50:09 Questions of Staff 00:52:42 Public Comment Mayor Cunningham opened this item for public comment. 00:52:55 Scott Boyd commented on Mark Egge's Bozeman Daily Chronicle column. 00:57:09 Daniel Carty commented against the PSA with High Street Consulting. 00:59:35 Allison Sweeney commented on Mark Egge's association with the UTD and MPO. 01:00:33 Clarifications to Staff 01:02:12 Motion to authorize the City Manager to Sign a Professional Services Agreement (PSA) with High Street Consulting LLC for the Bicycle and Pedestrian Gap Analysis project Douglas Fischer: Motion Joey Morrison: 2nd 01:02:27 Discussion 35 Bozeman City Commission Meeting Minutes, April 16, 2024 Page 4 of 7 01:10:27 Vote on the Motion to authorize the City Manager to Sign a Professional Services Agreement (PSA) with High Street Consulting LLC for the Bicycle and Pedestrian Gap Analysis project.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None H.1 01:10:44 Decision to Reclaim the Guthrie at 5th and Villard Site Plan and Commercial Certificate of Appropriateness, and Demolition Application 23354 01:11:04 Introduction 01:12:35 Questions of Staff 01:13:20 Public Comment Mayor Cunningham opened this item for public comments. 01:13:47 Noah teh Broek commented in favor of reclamation of the Guthrie. 01:16:58 Emily Talago commented in favor of reclamation of the Guthrie as the INC Representative from Midtown. 01:20:06 Allison Sweeney commented in favor of reclamation of the Guthrie. 01:22:11 Lindsey von Sigaard commented in favor of continued administrative review. 01:24:11 Daniel Carty commented in favor of reclamation of the Guthrie. 01:25:59 Natsuki Nakamura commented in favor of reclamation of the Guthrie. 01:27:33 Lila Sebilla commented in favor of reclamation of the Guthrie. 01:28:52 Katie Dolen commented in favor of reclamation the Guthrie. 01:31:04 Motion Pursuant to 38.200.010.B.2, BMC, I move to reclaim Application 23354 and request the City Manager schedule the application for review by the Commission and provide notice to the public. Joey Morrison: Motion Christopher Coburn: 2nd 36 Bozeman City Commission Meeting Minutes, April 16, 2024 Page 5 of 7 01:31:21 Discussion 01:46:38 Vote on the Motion Pursuant to 38.200.010.B.2, BMC, I move to reclaim Application 23354 and request the City Manager schedule the application for review by the Commission and provide notice to the public.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None 01:47:14 Mayor Cunningham called the meeting into recess. 01:55:21 Mayor Cunningham called the meeting back to order.* H.2 01:55:26 Urban Farm Phase 2 Preliminary Plat Application with a Subdivision Variance to Section 38.400.010 BMC, to Subdivide Two Lots Zoned REMU and B-2M Totaling 86.44 Acres into a 39 Lot Major Subdivision for Residential, Commercial, Park, and Open Space Uses; Generally Located North of Huffine Lane, South of Fallon Street, and West of Cottonwood Road,?Application 23039 (Quasi-Judicial)?? 23039 CC Staff Report.pdf 01:56:09 Staff Presentation Senior Planner Danielle Garber presented the application, entered the staff report, application materials, and any associated materials into the record, presented the project site, the community plan designation, the proposed subdivision, the parks and open space, proposed uses, the requested variance, a summary of noticing and public comment received, and recommendations. 02:02:08 Questions of Staff 02:17:07 Applicant Presentation Tom Berkley, Outlaw Partners and team, presented their application. Jimmy Talarico presented the application's alignment with the community plan, design guidelines, overall site plan, vicinity map, road connections, proposed parks, open space, and trails, wetlands plans, active mobility, mobility safety features, and the overall site plan. 02:29:06 Questions of Applicant 02:34:21 Public Comment Mayor Cunningham opened this item for public comments. 02:34:40 Connie Lien commented as the agricultural neighbor to the west. 37 Bozeman City Commission Meeting Minutes, April 16, 2024 Page 6 of 7 02:38:17 Additional Clarifying Questions 02:41:12 Motion to approve Having reviewed and considered the application materials, public comment, and all the information presented. I hereby adopt the findings presented in the staff report for application 23039 and move to approve the subdivision and subdivision variance from Section 38.400.010 with conditions and subject to all applicable code provisions. Christopher Coburn: Motion Jennifer Madgic: 2nd 02:41:35 Discussion 02:52:43 Vote on the Motion to approve Having reviewed and considered the application materials, public comment, and all the information presented. I hereby adopt the findings presented in the staff report for application 23039 and move to approve the subdivision and subdivision variance from Section 38.400.010 with conditions and subject to all applicable code provisions.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None I)02:52:58 Work Session I.1 02:53:05 U.S. Department of Housing and Urban Development (HUD) Consolidated Plan and Community Engagement Plan Work Session 02:53:59 Staff Presentation Community Housing Program Coordinator Renata Munfrada joined by Frankie Lewington and Mollie Fitzpatrick from Root Policy Research, presented the 2024-2028 Consolidated Plan and Fair Housing Plan Update, work overview, what a consolidated plan is, Community Development Block Grant (CDBG) program, what the funding can be used for, what a fair housing plan is, the Community Housing Action Plan (CHAP), the community engagement approach, 03:05:14 Questions of Staff and Consultants 03:24:11 Discussion 03:34:18 Public Comment Mayor Cunningham opened this item for public comment. 03:34:28 Kristin Newman commented on the survey and past work undertaken. 38 Bozeman City Commission Meeting Minutes, April 16, 2024 Page 7 of 7 03:38:04 Marty Matsen commented on the changing planning paradigm and the need for reporting back to HUD. 03:41:31 Natsuki Nakamura commented on public housing and federal funding. 03:43:32 Allison Sweeney commented on municipally owned housing, childcare, supportive, and transitional housing. 03:45:38 Lila Fleischman, HRDC, commented on the need to establish the plan for unique funding, preferred targeting and data driven approaches, the ways to incorporate past work, and the importance of this plan. 03:48:43 Direction to Staff 04:08:25 Mayor Cunningham extended the meeting. 04:08:35 Summary J)04:09:02 FYI / Discussion K)04:09:19 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: May 7, 2024 39 Memorandum REPORT TO:City Commission FROM:Mike Maas, City Clerk SUBJECT:Accept the Resignation of City Commissioner Christopher Coburn MEETING DATE:May 7, 2024 AGENDA ITEM TYPE:Administration RECOMMENDATION:Accept City Commissioner Christopher Coburn’s resignation effective Tuesday, May 7, 2024. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:On March 26, 2024, City Commissioner Christopher Coburn announced his resignation from office effective May 7, 2024. The purpose of this agenda item is for the Commission to formally accept the resignation. By approving this consent item the Commission will formally accept Christopher Coburn’s resignation. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:None identified. Report compiled on: March 27, 2024 40 Memorandum REPORT TO:City Commission FROM:Nadine Waters, Accounts Payable Clerk 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:May 7, 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 May 14th, 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: May 8, 2024 41 Memorandum REPORT TO:City Commission FROM:Clark SUBJECT:Approval of depository bonds and pledged securities as of March 31, 2024. MEETING DATE:May 7, 2024 AGENDA ITEM TYPE:Finance RECOMMENDATION:Approve 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 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 42 securities at least quarterly. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:The city is sufficiently pledged. Attachments: Depository Bonds & Securities 0324.pdf Report compiled on: April 10, 2024 43 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 44 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. 45 Memorandum REPORT TO:City Commission FROM:Nicholas Ross - Director of Transportation and Engineering SUBJECT:Notice of Award and Contract Agreement for Application of an Asphalt Surface Treatment MEETING DATE:May 7, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Award bid and authorize City Manager to sign a Contract Agreement for an Application of an Asphalt Surface Treatment for a total of $141,108.03 to Specialty Applicators, LLC. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:In 2019 Specialty Applicators, LLC performed an alternative asphalt treatment to traditional chip sealing that no other company in Montana was willing to perform. Streets Division received permission from the Finance Director to use Sole Source for that project. The treatment was a success and the Streets Division would like to have them take on additional work. Streets Division received sole source approval in 2023 from the City Manager and Director of Finance to perform additional work with funding budgeted in the FY24 Gas Tax allocation. Scope of work for this effort will include GSB-88®, GSB-M and GSB-RS. Streets chosen by the Engineering Division using our pavement condition index are S. 8th Avenue (Main Street – College Street), E. Story Street (S Church Ave – S Tracy Ave), S. Wallace Avenue (Lamme – Tamarack Street), E. Olive Street (Bozeman – Babcock) and S. Church Avenue (Olive – Babcock) and West Oak Street (Flanders Mill – Cottonwood and Cottonwood and Oak Roundabout). All of the above is hereby referred to as (the “Construction Project”) and Contractor’s duties are set forth in the Scope of Services attached hereto as Exhibit A whereby the unit price for each item includes both labor and materials. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:This Item is in the FY24 Street Gas Tax Fund Budget (110-4120-433.5040) for $145,341.27. 46 Attachments: Contract Agreement - Specialty Applicators LLC Exhibit A Notice of Award Sole Source Request - Specialty Applicators LLC - Asphalt Surface Treatment Report compiled on: April 11, 2024 47 Construction Agreement for an Asphalt Surface Treatment FY2024-2025 Page 1 of 17 CONSTRUCTION AGREEMENT This Construction 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, Specialty Applicators LLC, 1812 W Sunset Blvd #1-538, St. George, UT 84770, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the covenants, agreements, representations, and warranties contained herein, the parties agree as follows: 1. Work to be Performed: a. Application of asphalt surface treatment only offered by Specialty Applicators, LLC. We tried this treatment in 2019 with excellent results and less mess than chip sealing. This will include GSB-88®, GSB-M and GSB-RS. Streets chosen by our Engineering Department using our pavement condition index are S. 8th Avenue (Main Street – College Street), E. Story Street (S Church Ave – S Tracy Ave), S. Wallace Avenue (Lamme – Tamarack Street), E. Olive Street (Bozeman – Babcock) and S. Church Avenue (Olive – Babcock) and West Oak Street (Flanders Mill – Cottonwood and Cottonwood and Oak Roundabout). All of the above is hereby referred to as (the “Construction Project”) and Contractor’s duties are set forth in the Scope of Services attached hereto as Exhibit A whereby the unit price for each item includes both labor and materials. Exhibit A is by this reference made a part hereof. b. Prior to the commencement of any work on the Construction Project, Contractor’s representatives and City’s representatives shall hold a meeting to establish a working understanding among the parties as to the scope of the Construction Project and duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding issues related to the plans, designs, drawings, and specifications. If the parties are unable to resolve these issues and the City fails, refuses, or is unable to approve the same, no work shall commence on the Construction Project until such issues are resolved and the City approves the related plans, designs, drawings, and specifications. c. Except as provided elsewhere in this Agreement, Contractor shall furnish all the labor, materials, equipment, tools, and services necessary to perform and complete the Construction Project. 48 Construction Agreement for an Asphalt Surface Treatment FY2024-2025 Page 2 of 17 d. During work on the Construction Project, and as part of the final completion of the Construction Project, Contractor shall clean up the Project site, including the removal and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of the Construction Project. 2. City-Supplied Materials: The City may supply materials from time to time in furtherance of the Construction Project. Such materials will be noted as an addendum to this Agreement. 3. Time of Performance: Contractor shall begin the Construction Project after receiving a Notice to Proceed from City and shall complete the Construction Project no later than 9/30/2024. Time is of the essence of completion of all work and each phase of the Construction Project. 4. Compensation: a. City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Construction Project, the amount of one hundred forty-five thousand, three hundred forty one and 27/100 Dollars ($145,341.27). b. If work not included within the original Construction Documents is requested by City, such additional work and the related compensation shall be agreed to in writing by both parties prior to commencement of the additional work (“Change Order”). c. City shall retain five percent (5%) of the total amount of compensation to be paid to the Contractor to ensure compliance with the terms and conditions of this Agreement and the timely completion of the Construction Project and any and all “punch list” items (“Retainage Amount”). The Retainage Amount shall be paid to Contractor thirty (30) days after the City’s final acceptance of the portion of work for which a separate price is stated in the specifications for the Construction Project. e. Upon acceptance of final payment and for other good and valuable consideration, Contractor shall and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or the Construction Project that Contractor may have or assert against City, its officers, agents, and employees. 5. Inspection and Testing: a. City has the right to inspect and test any and all work performed by Contractor on the Construction Project. Contractor shall allow City and its agents access to the 49 Construction Agreement for an Asphalt Surface Treatment FY2024-2025 Page 3 of 17 Construction Project at all times and shall provide every reasonable facility for the purpose of such inspection and testing, including temporarily discontinuing portions of the work or uncovering or taking down portions of the finished work. Any inspection and testing performed by the City and its agents is for the sole benefit of the City and shall not relieve the Contractor of its duty, responsibility, and obligation to ensure that the work strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City’s inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Construction Project. City’s inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Agreement. b. Contractor shall, without charge, replace any material or correct any work found by the City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. In the event Contractor fails to replace or correct any defective work or materials after reasonable written notice by the City to do so, the City may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation. 6. Partial Utilization of Construction Project: City shall have the right to use or occupy any portion of the Construction Project that City and Contractor mutually agree is substantially completed and constitutes a separately functioning and usable part of the Construction Project for its intended purpose without significant interference with Contractor’s performance of the remaining portions of the Construction Project. In the event City takes possession of any portion of the Construction Project, such possession shall not be deemed an acceptance of the Construction Project, in whole or in part. City’s use of any portion of the Construction Project shall not be grounds for extensions of any construction deadlines or a change in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the total Construction Project and not from the date the City may take possession of selected portions of the Construction Project. 7. Related Work at the Site: Nothing in this Agreement shall prevent or preclude City, through its own employees or by contract with any third party, from performing other work related to the Construction Project at the construction site; provided such related work is not otherwise addressed in this Agreement and provided such related work does not otherwise interfere with Contractor’s performance of this Agreement or the completion of the Construction Project. Contractor shall afford any City employee, agent or representative, or any third party under contract with the City to perform the related work, proper and safe access to the construction site, a reasonable opportunity for the introduction and storage of materials and equipment, the opportunity to perform the related work, and shall properly coordinate the Contractor’s work on the Construction Project with the related work. 8. Contractor’s Warranties: Contractor represents and warrants as follows: 50 Construction Agreement for an Asphalt Surface Treatment FY2024-2025 Page 4 of 17 a. Unless otherwise specified by the terms of this Agreement, all materials used by Contractor on the Construction Project shall be within specifications and where not otherwise specified, of the most suitable grade for their intended uses. b. All workmanship and materials shall be of a kind and nature acceptable to the City. c. All equipment, materials, and labor provided to, on, or for the Construction Project must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work on the Construction Project and ending one (1) year from the final completion and acceptance by the City of the Construction Project, regardless of whether such equipment, materials, or labor were supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers. Other express warranties on materials that provide for a warranty period longer than one year apply for the period of that express warranty and are not reduced by this provision. Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. d. Contractor and its sureties are liable for the satisfaction and full performance of workmanship and materials applied. e. Contractor shall give its personal attention to the faithful prosecution of the completion of the Construction Project and Contractor, or its duly authorized representative assigned to serve as the Construction Project Manager, shall be personally present at the site of the Construction Project during working hours for the term of this Agreement until the completion of the Construction Project. f. Contractor shall have a complete, accurate, and up-to-date set of project plans. g. Contractor has examined all available records and made field examinations of the site of the Construction Project. Contractor has knowledge of the field conditions to be encountered during the Construction Project. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials. h. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. i. All work must be performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason 51 Construction Agreement for an Asphalt Surface Treatment FY2024-2025 Page 5 of 17 or cause of the damage or loss; provided, however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. j. Contractor is responsible for any loss or damage to materials, tools, or other articles used or held for use in the completion of performance of the Construction Project. k. Contractor’s performance must be without damage or disruption to any other work or property of the City or of others and without interference with the operation of existing machinery or equipment. l. Title to all work, materials, and equipment covered by any payment of Contractor’s compensation by City, whether directly incorporated into the Construction Project or not, passes to City at the time of payment, free and clear of all liens and encumbrances. 9. Delays and Extensions of Time: If Contractor’s performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of the termination of such delay, give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the fault or negligence of the Contractor, then the City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is caused by the intentional interference of the City with the Contractor’s performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein provided by reason of any delays. 10. Suspension: a. The City may, by written notice to the Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set forth the time of suspension, if then known to the City. During the period of suspension, Contractor shall use its best efforts to minimize costs associated with the suspension. b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts for materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and (4) continue to protect and maintain the Project, including those portions on which work has been suspended. 52 Construction Agreement for an Asphalt Surface Treatment FY2024-2025 Page 6 of 17 c. As compensation for the suspended work, Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, and to the extent that such costs directly resulted from the suspension: (1) a standby charge paid during the period of suspension which will be sufficient to compensate Contractor for keeping, to the extent required in the Notice of Suspension, Contractor’s organization and equipment committed to the Project in standby status; (2) all reasonably incurred costs for the demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable amount to reimburse Contractor for the cost to protect and maintain the Project during the period of suspension; and (4) an equitable adjustment in the cost of performing the remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Construction Project has increased or decreased. d. Upon receipt of written notice by the City to resume the suspended work (“Notice to Resume Work”), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 11(c) shall be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised Construction Schedule for the City’s review and approval. Contractor’s failure to timely make such a claim shall result in a waiver of the claim. e. No compensation described in Section 11(c) shall be paid and no extension of time to complete the Construction Project shall be granted if the suspension results from Contractor’s non-compliance with or breach of the terms or requirements of this Agreement. 11. 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 Construction Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over the Construction Project and complete it, either with its own resources or by re-letting the contract to any other third party, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be necessary for the completion of the Construction Project. b. In the event of a termination pursuant to this Section 12, Contractor shall be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment until the Construction Project has been completed. Upon completion of the Construction Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City of completing the work, including all costs paid to any subcontractors or third parties retained by the City to complete the Construction Project and all administrative costs resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to the Contractor. 53 Construction Agreement for an Asphalt Surface Treatment FY2024-2025 Page 7 of 17 If the City’s Cost for Completion exceeds the unpaid balance of the Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay the difference, plus interest at the rate applicable to court judgments, to the City. c. Any termination provided for by this Section 12 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 12, 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. 12. 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 work on the Construction Project, 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 work on the Construction Project, discontinue placing orders for materials, supplies, and equipment for the Construction Project, and make every reasonable effort to 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, in progress, or in transit to the construction site. c. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any materials that City is obligated to purchase from Contractor will remain the City’s sole property. d. The compensation described in Section 13(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. 54 Construction Agreement for an Asphalt Surface Treatment FY2024-2025 Page 8 of 17 13. 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 ten (10) 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. 14. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Nicholas Ross, Director of Transportation and Engineering 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 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 Mark LaBelle, Project Manager 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. 55 Construction Agreement for an Asphalt Surface Treatment FY2024-2025 Page 9 of 17 15. Locating Underground Facilities: Contractor shall be responsible for obtaining and determining the location of any underground facilities, including but not limited to, the location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities, this fact shall be noted in writing prior to commencement of such location work. 16. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain necessary permits, licenses, and inspections from applicable governmental authorities, pay all fees and charges in connection therewith. 17. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or prepared by or for Contractor in contemplation of, or in the course of, or as a result of this Agreement or work on the Construction Project, shall be promptly furnished to the City (“City Documents and Information”). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all copyright and patent rights in and to the City Documents and Information. Neither party grants to the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement. 18. 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. 19. 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 56 Construction Agreement for an Asphalt Surface Treatment FY2024-2025 Page 10 of 17 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. 20. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site of the Construction Project. 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. 21. Labor Relations: a. In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Construction Project, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Construction Project 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 to resume work on the Construction Project 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 work on the Construction Project to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. b. 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. 57 Construction Agreement for an Asphalt Surface Treatment FY2024-2025 Page 11 of 17 c. 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. d. 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. e. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. f. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. g. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. h. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. i. 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 58 Construction Agreement for an Asphalt Surface Treatment FY2024-2025 Page 12 of 17 action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. j. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 22. Subcontractors: a. Contractor may employ subcontractors for any work on the Construction Project. Contractor shall provide City with a list of all subcontractors employed. b. Contractor remains fully responsible for the acts and omissions of any subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall remain fully responsible and liable for the timely completion of the Construction Project. c. Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of subcontractors, and all such payments shall be used to satisfy obligations of the Construction Project before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’ written notice to Contractor, may pay subcontractor by direct or joint payment. 23. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Construction Project. If the Contractor allows any indebtedness to accrue to subcontractors or others during the progress of the work, and fails to pay or discharge the same within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor shall immediately notify the City and shall cause the same to be discharged of record within thirty (30) days after its filing. 24. Hazard Communication: Contractor shall comply with all hazard communication requirements dictated by the Environmental Protection Agency, the Montana Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and 59 Construction Agreement for an Asphalt Surface Treatment FY2024-2025 Page 13 of 17 applicable City ordinances. Contractor shall supply a chemical list, the associated material safety data sheets (MSDS), and other pertinent health exposure data for chemicals that the Contractor’s, subcontractor’s or the City’s employees may be exposed to while working on City property during the course of the Construction Project. One copy of this documentation must be delivered to City to the attention of the City’s Representative. This documentation must be delivered before work involving these chemicals may commence. 25. Accounts and Records: During the term of this Agreement and for two (2) years following the City’s final acceptance of the Construction Project, Contractor shall maintain accounts and records related to the Construction Project. Upon reasonable notice, City shall have the right to inspect all such accounts and records, including but not limited to, Contractor’s records, books, correspondence, instructions, drawings, specifications, field and site notes, receipts, invoices, bills, contracts, or other documents relating to the Construction Project. 26. Indemnification; Insurance; Bonds: a. 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 and 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. b. 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 indemnitee(s) which would otherwise exist as to such indemnitee(s). c. Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. d. 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. 60 Construction Agreement for an Asphalt Surface Treatment FY2024-2025 Page 14 of 17 e. 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. f. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. g. These obligations shall survive termination of this Agreement and the services performed hereunder. h. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as shown below: • Workers’ Compensation – not less than statutory limits; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $1,000,000 annual aggregate; • Products and Completed Operations – $1,000,000; • Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non-owned vehicles); • Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by the Contractor under this Agreement for the City; and (ii) the City’s and City’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate; • Contractual Liability Insurance (covering the Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000 aggregate. The amounts of insurance provided shall be exclusive of defense costs. The City of Bozeman shall be endorsed as an additional or named insured on a primary non- 61 Construction Agreement for an Asphalt Surface Treatment FY2024-2025 Page 15 of 17 contributory basis on both the Commercial General 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, except shall be ten(10) days for nonpayment or premium. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. i. Pursuant to the City’s authority provided for in 18-2-201(4), the Contractor shall not be required to provide bonds as required by 18-2-201(1) under this Agreement. 27. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. Contractor understands that all contractors or subcontractors working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue. 28. 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 shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 29. Survival: Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 30. 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. 31. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. 62 Construction Agreement for an Asphalt Surface Treatment FY2024-2025 Page 16 of 17 32. 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. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 34. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 35. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 36. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 37. 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. 38. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 39. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Construction Project. Contractor may not assign to any third party other than Contractor’s subcontractors on the Construction Project, the right to receive monies due from City without the prior written consent of City. 40. Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 41. Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Construction Project, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the City. 63 Construction Agreement for an Asphalt Surface Treatment FY2024-2025 Page 17 of 17 42. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 43. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby. CITY OF BOZEMAN, MONTANA CONTRACTOR By: _______________________________ By: Chuck Winn, Acting City Manager Print Name: Title: APPROVED AS TO FORM: By: _______________________________ Greg Sullivan, City Attorney 64 SPECIALTY APPLICATORS, LLC 1812 W. Sunset Blvd #1-538 St. George, UT 84770 www.specialtyapplicators.com Phone: (435) 705-1706 Customer: City of Bozeman ESTIMATE #23-7065 Address: Bozeman, MT Updated 2/5/2024 Phone: Requested By: Mark LaBelle Project Number: Project Name: 2024 GSB-M CIP Project Estimate By:Bodin Breinholt Project Location: Bozeman, MT 435-705-1706 DBW: N/A bodin@specialtyapplicators.com Item #Item Description Quantity UofM Unit Price Total 1 Mobilization 1.00 Each $9,870.00 $9,870.00 2 Oak Street GSB-M Treatment* (see notes below)7,166.00 SY $2.79 $19,993.14 3 Oak Street Additional: Traffic Control, Preservation of Thermoplastic Markings (Turn & Merge Arrows, Crosswalk, Stop Bars, Bike Symbol), Tabbing of existing pavement marking locations.1.00 LS $6,837.51 $6,837.51 4 GSB-RS (Rapid Seal) Treatment: 8th Ave, Story, Wallace, Olive & Church Ave.37,422.00 SY $2.79 $104,407.38 *Oak Street Treatment Includes: Pre-treatment of raveled locations (hand applied), followed by full application of GSB-M. Bonding, Payment & Performance available for additional 3% of Estimate Invoice Subtotal $141,108.03 Total $141,108.03 Customer Name (print) Date of Acceptance: Signature ***The prices quoted in this document are valid for 30 Days from the above date and are based upon Specialty Applicators LLC's costs of materials. In the event that such costs increase substantially, the prices quoted will increase proportionally upon notice to the customer. ****Pricing Includes: Traffic Control, Tabbing of Paint Marking Locations, Masking & Preservation of Manhole/Monuments & Utilities. Any invoice submitted by Specialty Applicators shall be due 30 days after the date of such invoice. Any invoice not paid within the 30 day period will accrue interest at a rate of 1.5% per month; further in event of collection activities become necessary, Specialty Applicators shall be entitled to recover all its costs incurred in the collection of the amounts due and owed, including but not limited to attorney's fees and court costs 65 20,0000.6 Miles This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. Feet 2,3290 Legend 1,165 Location 2,329 11/15/2022 Created By: Created For: Date: Exhibit A Street Names (Major) City Limits Note: Oak St (Flanders Mill to Cottonwood including Roundabout) also included in scope of work 66 EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 Notice of Award Date: _______________ Project: Application of Asphalt Surface Treatment only offered by Specialty Applicators, LLC Owner: City of Bozeman Owner's Contract No.: Contract: Sole source contract approved by Finance Director and City Manager due to lack of interest from competing companies. This will include GSB-88®, GSB-M and GSB-RS. Streets chosen by our Engineering Department using our pavement condition index are S. 8th Avenue (Main Street – College Street), E. Story Street (S Church Ave – S Tracy Ave), S. Wallace Avenue (Lamme – Tamarack Street), E. Olive Street (Bozeman – Babcock) and S. Church Avenue (Olive – Babcock) and West Oak Street (Flanders Mill – Cottonwood and Cottonwood and Oak Roundabout). Engineer's Project No.: 23-7065 Bidder: Specialty Applicators, LLC Bidder's Address: 1812 W Sunset Blvd #1-538, St George, UT 84770 You are notified that your Bid dated February 5, 2024 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for Base Bid. The Contract Price of your Contract is one hundred forty-five thousand, three hundred forty-one and 27/100 Dollars ($145,341.27). Four (4) copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award. 1. Deliver to the Owner Four (4) fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Contract Documents (Article 6), General Conditions (Paragraph 5.1), and Supplementary Conditions. 3. Other conditions precedent: Deliver with the executed Contract Documents the required insurance certificates. Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. 67 EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. City of Bozeman Owner By: Authorized Signature Title Copy to Engineer 68 From:Jeff Mihelich To:Nicholas Ross Cc:Melissa Hodnett; John Van Delinder Subject:RE: Sole Source Request - Specialty Applicators LLC - Asphalt Surface Treatment Date:Wednesday, June 7, 2023 3:43:47 PM Approved. Thanks. Jeff Mihelich | City Manager ICMA-CM City of Bozeman 406-582-2306 jmihelich@bozeman.net From: Nicholas Ross <nross@BOZEMAN.NET> Sent: Wednesday, June 7, 2023 2:41 PM To: Jeff Mihelich <jmihelich@BOZEMAN.NET> Cc: Melissa Hodnett <mhodnett@BOZEMAN.NET>; John Van Delinder <JVandelinder@BOZEMAN.NET> Subject: Sole Source Request - Specialty Applicators LLC - Asphalt Surface Treatment Hello Jeff, This email serves as a request for Sole Source approval as allowed under 18-4-306, MCA , as the statute is implemented by the State of Montana Department of Administration, Administrative Rule of Montana 2.5.604 on Sole Source Procurement, and the city’s companion sole source policy Purchasing Admin Order 2021-11 . The rules establish guidelines that sole source procurement is permissible under the following circumstances: (2) Sole source procurement is permissible under the following circumstances: (a) the compatibility of current services or equipment, accessories, or replacement parts is the paramount consideration; (b) there is no existent equivalent product; or (c) only one source is acceptable or suitable for the supply or service item. For the project under consideration, Specialty Applicators LLC is the sole provider of the asphalt surface treatment we intend to use for a portion of our annual pavement maintenance work this season. Four years ago the above-referenced company was approved by the Finance Director at the time to provide us with an alternate surface treatment to chip sealing. That product has now proven to be as effective, if not more so, than chip seals. The product carries the added benefit of less disruption to traffic, fewer loose chips, and is now cheaper per square yard than chip seals. However, there are no contractors in Montana offering this product and service, thus requiring sole source approval. Please note that for this season, we will maintain our typical chip seal program in addition to delivering the additional work referenced here. We do not require any additional budget capacity for this work. Director Hodnett supported sole source method as appropriate for this use via email on 05.22.2023. 69 Please respond with your decision on approval and we can move ahead with contracting. Thank you, -Nick Nicholas Ross, P.E. Director | Transportation and Engineering City of Bozeman C: 406-595-3437 O: 406-582-2315 nross@bozeman.net 70 Memorandum REPORT TO:City Commission FROM:Takami Clark, Communications & Engagement Manager SUBJECT:Authorize the Interim City Manager to Sign a Memorandum of Understanding between the City of Bozeman and Montana State University for Collaborative Coursework Projects through the Community-engaged And Transformational Scholarship (CATS) Program MEETING DATE:May 7, 2024 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the Interim City Manager to Sign a Memorandum of Understanding STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The CATS program was initiated in 2018 as a pilot to test a framework that would allow large-scale university-agency collaborations on a yearlong basis. Following a successful 1 year pilot in 2018-2019, a three-year MOU was signed in 2019 and again in 2021. The MOU for approval here is to establish another 3-year collaboration between MSU and the City of Bozeman. Since its inception in 2018, the Community-engaged And Transformational Scholarship program has engaged over 400 Montana State University students across 6 colleges and 12 departments. Over 20 city staff have participated in these course-based collaborations, soliciting student skills and insight to design innovative solutions for day-to-day programming and practices and research big questions to help city staff envision the future of their work in our community. The program has provided a sustainable and supportive framework for partnership and collaboration between MSU and the City of Bozeman. Staff have developed ongoing relationships with faculty, and received deliverables that fill needs in their areas of work: “We received a high-quality product that can be used now and in the future on our website and social media.” “Partnering with MSU through the CATS program provides the students invaluable “real life” professional experiences and in return the community benefits from their creativity and unique perspective. (City of Bozeman staff responses from 2020 CATS program evaluation survey) Students have gained insight into how they can participate in engagement 71 processes that shape their communities, and developed new skills and opportunities through interactions with city officials, staff, and community partners: “I think I developed better skills for professional written and oral communication, and this project helped me understand how challenging and time-consuming community outreach really is.” “Getting to use new technology was really great; also getting to work directly with people from the City made the project feel like it had importance.” (MSU student responses from 2020 CATS program evaluation survey) For the 2023-2024 academic year, the CATS program collaborated on several projects including: Land Resources capstone project on wetlands mitigation banking with Director of Transportation & Engineering Nicholas Ross Geography 425: drought plan fact sheets with Water Conservation Manager Jessica Ahlstrom Geography 365: feedback session on historic preservation bike/walk tours with Historic Preservation Officer Sarah Rosenberg For descriptions of past projects and program metrics, please visit wrtwc.org/partnerships/cats. UNRESOLVED ISSUES:None ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:The City of Bozeman provides up to $21,500 annually for the membership dues for the EPIC-N network, the costs of project materials and deliverables, staff time associated with the campus counterpart's time to facilitate course- based collaborations, and administrative support for the program. Attachments: 2024-27 MOU City-MSU for CATS.docx Report compiled on: April 19, 2024 72 Page 1 MEMORANDUM OF UNDERSTANDING between MONTANA STATE UNIVERSITY and CITY OF BOZEMAN for Collaborative Coursework Projects through the Community-Engaged and Transformational Scholarship (CATS) Program This Memorandum of Understanding for collaborative coursework projects (“MOU”) is by and between the City of Bozeman (“City”) and Montana State University (“MSU”); each entity referred to as a “Party” to this MOU, and together these entities are referred to as the “Parties.” WHEREAS the City and MSU have enjoyed a long history of collaboration and partnership serving the community; and WHEREAS the City and MSU desire to collaborate on various coursework projects (“Projects”) by teaming City staff and MSU students and faculty from multiple academic disciplines using the Epic-N model; and WHEREAS the City intends to dedicate staff time and resources for the Projects, subject to budget approval by the City Commission, and MSU intends to create opportunities for its students to participate and earn university credit; and WHEREAS this MOU outlines the roles, responsibilities, and cost-share of the Parties, and is intended to be flexible and may be amended from time to time as necessary and agreed to by the Parties. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Term. This MOU will commence on the date last signed and will terminate on August 30, 2027. The term may be extended for additional two-year terms by mutual written agreement of the Parties. 2. Project Memoranda of Collaboration (“MOC”). Each Project will be described on a separate Project MOC, signed by the Parties, a template of which is attached hereto as Exhibit A. Each Project MOC will describe the specific services to be performed by and 73 Page 2 responsibilities of the Parties for that Project, including: Description and purpose of the Project; Identified Project objectives and deliverables; Timeline and major milestones; Specific responsibilities of the City and MSU; Project costs and allocation; City and MSU Project-specific contact information; Any additional terms the Parties agree to include for the specific Project. In the event of a conflict between an MOC and this MOU, the terms in the MOC will control. The MOC(s) will be incorporated herein and subject to the terms of this MOU. 3. Modification. Modifications to this MOU will be made by mutual consent of the Parties in writing, signed and dated by each. 4. Termination. Either Party may terminate this MOU at any time by providing written notice to the other Party. 5. Ownership of Deliverables. Each party shall retain ownership of its own work product. Each party hereby grants to the other parties a non-exclusive, royalty free, worldwide perpetual license to use, copy, and distribute any work product and information provided that party pursuant to this MOU for any lawful purpose. 6. Advertising. Either Party may advertise or share information concerning the Projects in any form and with any media without the consent of the other Party. 7. Relationship of the Parties. The Parties agree MSU’s faculty, students, agents, employees, and consultants performing the tasks described in MOCs are not to be considered employees of the City for workers compensation or any other purpose and are not subject to the terms and provisions of the City’s employee handbook. The City acknowledges and 74 Page 3 agrees that the projects will be performed by enrolled students under the supervision of faculty for academic credit. The students are not professionals and MSU makes no representation that the services provided under particular MOCs are professional services provided by independent contractors. The projects are undertaken to provide students practical experience as part of the graduate or undergraduate educational experience. 8. Indemnification. Each party hereto agrees to be responsible and assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents or employees to the full extent required by law. 9. Insurance. The City will maintain insurance coverage for personal injury and property damage suffered by City’s officials, employees, and agents arising out of or related to this MOU. Montana State University, as a state agency, warrants and represents that it is self- funded for liability insurance, both public and property, with such protection being limited to the officers, employees, servants and agents of Montana State University while acting within the scope of their employment. The parties further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Montana; (2) the consent of the State of Montana or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Montana beyond the waiver provided in Title 2, Ch. 9, Montana Codes Annotated. 10. Nondiscrimination. The parties hereby affirm no persons shall be discriminated against 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 acknowledge and understand the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments of proposer’s employees and to all subcontracts. In addition, the parties hereby affirm they 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://wayback.archive- it.org/499/20210701223409/https:/equalpay.mt.gov/, or equivalent best practices publication and has read the material. 75 Page 4 11. No Joint Venture. Nothing contained in this MOU shall be construed to create any partnership or agency relationship between the Parties for any purpose, action, or transaction, including those related to this MOU. This MOU does not create a joint venture or any form of separate legal entity. 12. 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. 13. Appropriation. The Parties agree that City funding for the Projects is subject to budget approval by the City Commission and the City does not guarantee availability of funding for Projects in any fiscal year. 14. Representatives.MSU and City contacts for purposes of this MOU are: MSU Name:Susan Gallagher Address:PO Box 174250 Bozeman, MT 59717-4250 Email:sgallagher@montana.edu City Name:Takami Clark Address:121 N. Rouse Ave. Bozeman, MT 59771 Email:tclark@bozeman.net IN WITNESS WHEREOF, this MOU has been executed by a duly authorized representative of each Party as of the day and year written below. MSU: ______________________________________________________________ Kelvin Wang Date Executive Director, MSU Western Transportation Institute 76 Page 5 CITY OF BOZEMAN: ________________________________________________________ Chuck Winn Date Interim City Manager, City of Bozeman 77 Page 6 Exhibit A MEMORANDUM OF COLLABORATION [PROJECT NAME] Pursuant to the Memorandum of Understanding for Community-engaged and Transformational Scholarship (CATS) projects (“MOU”) between the City of Bozeman (“City”) and Montana State University (“MSU”) effective September X, 20XX the Parties agree as follows: 1. COURSE. [Course Title, Course Number, Professor/Instructor Name] 2. Effective date of this MOC: 3. PROJECT CONTACTS. i)City Project Contact [Name, Position, phone and email] ii)MSU Project Contact [Name, Position, phone and email] 4. PROJECT PURPOSE AND OBJECTIVES. [Describe] 5. FINAL DELIVERABLES/WORK PRODUCT. [Example: Compiled written report and illustrative materials of research findings, analysis, and recommendations; interactive webpage; etc.]  6. ROLES AND RESPONSIBILITIES. i) The City agrees to: [Describe the roles and contributions of the City.] [Examples: Provide data and documentation of previous work products (e.g., program documents, reports, market studies, plans and maps) that may be related to the memorandum of collaboration Convene team of City staff to facilitate project development and provision of technical assistance. Offer technical assistance, as requested Assist MSU Project Lead to organize student field trip activities, if needed Have at least one City staff member present at students’ final presentations Communicate any issues or concerns regarding project to MSU Project Lead] 78 Page 7 ii) MSU agrees to: [Describe the roles and contributions of MSU.] [Examples: Develop coursework to support Project deliverables and desired outcomes Communicate with City staff throughout the project to maintain collaborative element and provide technical assistance Work with students to prepare coursework reports and presentation materials at culmination of term Facilitate field trips for the course as needed Make contact with external stakeholders or organize those stakeholders, as needed, to provide timely information to support project development Present Project findings to City and others, as deemed necessary Develop draft and final report to be released to City in electronic and paper format, no more than four months after the end of the term Communicate any issues or concerns regarding Project to City staff] 7. TIMELINE, MAJOR MILESTONES AND TASKS [Dates for field trips, presentations, etc.; description of tasks] 8. BUDGET AND PAYMENT. $XX,XXX [Add line items if applicable] Approved by: MSU: _________________________________________________________________ Name, title Date CITY OF BOZEMAN ___________________________________________________________ Name, title Date 79 Memorandum REPORT TO:City Commission FROM:Jon Henderson - Director of Strategic Services Max Ziegler - Facilities Assistant Superintendent SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with SCS Wraps for Interior Art Installation at Bozeman Swim Center MEETING DATE:May 7, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with SCS Wraps for Interior Art Installation at Bozeman Swim Center. STRATEGIC PLAN:5.2 Support for Public Art: Encourage and support partnerships for public art and other arts and cultural initiatives in the city. BACKGROUND:The currently ongoing Bozeman Swim Center Renovation project includes a Percent for Art requirement. Working with the architect on the project, two different art installation locations have been identified and integrated into the project's design. One will be a series of eight panels with printed artwork on the western exterior wall of the building, and the other will be printed artwork vinyl laminated on the interior north wall of the natatorium. This agreement with SCS Wraps is provide materials, printing and installation of the interior north wall artwork. The installation will be printed vinyl laminated to the CMU wall, approximately 104" tall and 520" wide. This agreement does not include creation of the artwork itself, which will be procured through an RFQ/RFP process led by NINE dot ARTS. SCS Wraps was one of two companies to provide quotes for this work, and was selected as the lowest cost respondent. The art installation is expected to occur in November, 2024. UNRESOLVED ISSUES:None at this time. Procurement of artwork to be printed is pending. ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:This agreement will incur a cost of $6,550.00, to be paid from the Swim Center Renovation Percent for Art budget. Attachments: PSA - SCS Wraps - Swim Center Interior Art Installation - 80 Compiled.pdf Report compiled on: April 15, 2024 81 Professional Services Agreement for Swim Center Interior Art Installation Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, SCS Wraps, 90 Graves Trail, Bozeman, MT 59718, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, 82 Professional Services Agreement for Swim Center Interior Art Installation Page 2 of 10 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in 83 Professional Services Agreement for Swim Center Interior Art Installation Page 3 of 10 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such 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 84 Professional Services Agreement for Swim Center Interior Art Installation Page 4 of 10 contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 85 Professional Services Agreement for Swim Center Interior Art Installation Page 5 of 10 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the 86 Professional Services Agreement for Swim Center Interior Art Installation Page 6 of 10 Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler – Facilities Assistant Superintendent, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Cassie Moore, Sales and Project Manager, 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 87 Professional Services Agreement for Swim Center Interior Art Installation Page 7 of 10 directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 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). 88 Professional Services Agreement for Swim Center Interior Art Installation Page 8 of 10 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term 89 Professional Services Agreement for Swim Center Interior Art Installation Page 9 of 10 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 90 Professional Services Agreement for Swim Center Interior Art Installation Page 10 of 10 28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 91 EXHIBIT A 92 SCS Unlimited Inc. 90 Graves Trail Bozeman, MT 59718 info@scswraps.com (406) 585-2635 Tax ID: 20-5171011 scswraps.com Quote 154094 Bozeman Swim Center Wall Graphics SALES REP INFO Cassie Moore cassie@scswraps.com QUOTE DATE Tue, 04/02/2024 QUOTE EXPIRY DATE Tue, 04/02/2024 TERMS Due on receipt REQUESTED BY City of Bozeman CONTACT INFO MAX ZIEGLER wziegler@bozeman.net About this Quote: #ITEM QTY UOM U.PRICE TOTAL (EXCL. TAX)TAXABLE 1 Wall Graphics & Wraps 1 Sqft $4,158.00 $4,158.00 Y Custom Wall Wrap Width: 520 Inches Height: 104 Inches 2 Installation - (area)1 Sqft $2,272.00 $2,272.00 Y INSTALLATION 3 Design/ print set up 1 Hr $120.00 $120.00 Y Project Setup: Graphic design time allocated for this project is subject to change based on design consultation with the client. Upon completion, the time will be adjusted and finalized depending on the complexity of the design direction. If additional design time is required beyond the allocated amount, it will be billed at a rate of $105.00 per hour. All illustrations, artwork, graphics, logos, animations, designs, and text created by SCS Wraps for this agreement are the exclusive copyrighted works of SCS Unlimited Inc. Joint ownership may be granted for an additional fee. It's important to note that all illustrations, artwork, graphics, logos, animations, designs, and text provided by the client will remain the property of the client. All prices herein are pre-tax and pre-shipping unless otherwise noted, are considered confidential, and are valid for 30 days fromreceipt of the estimate. Pricing and availability are subject to change without notice.Subtotal: Sales Tax (0%): Total: $6,550.00 $0 $6,550.00 SIGNATURE:DATE: PRINTED ON TUE, 04/02/2024 11:20 AM BY CM CREATED BY CM 1/1 93 Memorandum REPORT TO:City Commission FROM:Jon Henderson - Director of Strategic Services Max Ziegler - Facilities Assistant Superintendent SUBJECT:Authorize the City Manager to Sign Amendment 1 to Professional Services Agreement with Jackson Contractor Group for Facilities Projects MEETING DATE:May 7, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 1 to Professional Services Agreement with Jackson Contractor Group for Facilities Projects STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Facilities Dept. often uses general contractors for projects related to facilities management and maintenance. To attract a wider pool of contractors the Facilities Dept. published an RFQ for general contractors on April 10, 2022, with the intention of placing qualified respondents on a preferred contractor list and establishing agreements to provide general contractor services at pre-negotiated rates. This will help minimize procurement delays in responding to future facilities projects as they arise. Jackson Contractor Group responded to the RFQ, was evaluated to be qualified, and has provided a schedule of rates for services and materials to be applied to future projects. This amendment is to update the agreement to reflect current labor rates as of April 1, 2024. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by City Commission FISCAL EFFECTS:Expenses for work performed under this agreement will be charged at rates stated in Exhibit A. Total expenses and funding sources for future facilities projects will vary by project. Attachments: Professional Services Agreement - Amendment 1 - Jackson Contractor Group.pdf Professional Services Agreement - Jackson Contractor Group - 94 Signed.pdf Report compiled on: April 12, 2024 95 FIRST Amendment to Professional Services Agreement for General Contractor Services FY 2022 – FY 2027 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR General Contractor services, dated June 14, 2022, (the “Agreement”) is made and entered into this _____ day of ____________, 2024, 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 Jackson Contractor Group, Inc., 146 Kaura Louise Lane, Bozeman, MT 59718, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Extension of Term. Section 2 of the Agreement is extended for an additional three (3) year period. The Agreement shall terminate on June 1st, 2027. 2. Modification of Payment. Section 4 of this agreement is amended to reflect the rate sheet attached as Exhibit A. This rate sheet will apply to all task orders issued after April 1st, 2024. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 96 FIRST Amendment to Professional Services Agreement for General Contractor Services FY 2022 – FY 2027 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA Jackson Contractor Group, Inc. By________________________________ By_____________________________ City Manager Print Name: Rylan Oakland Title: Director of Operations APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 97 EXHIBIT A 98 Phone: 406-577-2772 146 Laura Louise Lane Bozeman, MT 59718 Fax: 406-587-4282 Equal Opportunity Employer March 7th, 2024 Max Ziegler Facilities Project Coordinator City of Bozeman 20 East Olive Street Bozeman, Montana 59715 Dear Max, In response to the City of Bozeman Term Contract Agreement Extension, Jackson Contractor Group offers the following: Jackson Contractor Group Inc. presents the below updated labor rates effective 4/1/2024 for the extension agreement (for projects procured after 4/1/2024, not current procured projects). Senior Project Manager $140.00 per hour Project Manager $112.00 per hour Assistant Project Manager $90.00 per hour Senior Superintendent $150.00 per hour Project Superintendent $128.00 per hour Assistant Superintendent $100.00 per hour Senior Project Engineer $90.00 per hour Project Engineer $80.00 per hour Project Engineer IT $62.00 per hour Apprentice Carpenter $54.00 per hour Journeyman Carpenter $65.00 per hour Carpenter Foreman $68.00 per hour Laborer $55.00 per hour Operator Foreman $65.00 per hour Operator Journeyman $58.00 per hour All rates listed above are all-in rates inclusive of salary/wages, taxes, benefits, consumables, vehicles where applicable, safety, etc. For projects between $0.00 and $80,000.00 total contract value, 10% markup will apply. Thank you and please let me know if there are any questions regarding this proposal. Rylan Oakland Director Of Operations 99 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Jackson Contractor Group, Inc, 146 Laura Louise Lane, Bozeman, MT 59718, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 1st day of June, 2024, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: DocuSign Envelope ID: 0DBA74EE-63BB-4B27-8BA0-9E9337AE79C5 214June 100 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 2 of 12 a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. DocuSign Envelope ID: 0DBA74EE-63BB-4B27-8BA0-9E9337AE79C5 101 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 3 of 12 In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or DocuSign Envelope ID: 0DBA74EE-63BB-4B27-8BA0-9E9337AE79C5 102 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 4 of 12 damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. DocuSign Envelope ID: 0DBA74EE-63BB-4B27-8BA0-9E9337AE79C5 103 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 5 of 12 In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: 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 DocuSign Envelope ID: 0DBA74EE-63BB-4B27-8BA0-9E9337AE79C5 104 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 6 of 12 to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 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, DocuSign Envelope ID: 0DBA74EE-63BB-4B27-8BA0-9E9337AE79C5 105 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 7 of 12 be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Project Coordinator, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Nick Van Tighem, Project Development Director, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its DocuSign Envelope ID: 0DBA74EE-63BB-4B27-8BA0-9E9337AE79C5 106 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 8 of 12 direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). DocuSign Envelope ID: 0DBA74EE-63BB-4B27-8BA0-9E9337AE79C5 107 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 9 of 12 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. DocuSign Envelope ID: 0DBA74EE-63BB-4B27-8BA0-9E9337AE79C5 108 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 10 of 12 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by DocuSign Envelope ID: 0DBA74EE-63BB-4B27-8BA0-9E9337AE79C5 109 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 11 of 12 the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the 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 five years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) DocuSign Envelope ID: 0DBA74EE-63BB-4B27-8BA0-9E9337AE79C5 Nick Van Tighem 110 Version 8 30 21 Professional Services Agreement for Facilities Contractors – Jackson Contractor Group Page 12 of 12 By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: 0DBA74EE-63BB-4B27-8BA0-9E9337AE79C5 Project Development Director Nick Van Tighem 111 EXHIBIT A DocuSign Envelope ID: 0DBA74EE-63BB-4B27-8BA0-9E9337AE79C5 112 Phone: 406-577-2772 146 Laura Louise Lane Bozeman, MT 59718 Fax: 406-587-4282 Equal Opportunity Employer May 31, 2022 Max Ziegler Facilities Project Coordinator City of Bozeman 20 East Olive Street Bozeman, Montana 59715 Dear Max, In response to the City of Bozeman Construction Services Contracts follow up request for proposal, Jackson Contractor Group offers the following: Please provide a full cost structure for the proposing firm to provide construction and contracting services covered under the scope of services, including labor rates for all staff, and materials markup. Senior Project Manager $126.00 per hour Project Manager $96.14 per hour Assistant Project Manager $88.10 per hour Senior Superintendent $133.00 per hour Project Superintendent $126.80 per hour Assistant Superintendent $99.84 per hour Senior Project Engineer $66.91 per hour Project Engineer $65.78 per hour Project Engineer IT $59.63 per hour Apprentice Carpenter $47.87 per hour Journeyman Carpenter $57.12 per hour Carpenter Foreman $64.47 per hour Laborer $45.55 per hour Operator Foreman $63.88 per hour Operator Journeyman $49.60 per hour All rates listed above are all-in rates inclusive of salary/wages, taxes, benefits, consumables, vehicles where applicable, safety, etc. For projects between $0.00 and $80,000.00 total contract value, 10% markup will apply. In your proposal please include a full scope of services you are able to provide, followed by your proposed cost structure. DocuSign Envelope ID: 0DBA74EE-63BB-4B27-8BA0-9E9337AE79C5 113 Phone: 406-577-2772 146 Laura Louise Lane Bozeman, MT 59718 Fax: 406-587-4282 Equal Opportunity Employer Jackson Contractor Group can provide full service general contracting services and has the ability to self-perform the following scopes of work: Civil and Site work, Selective Demolition, Limited Steel Erection and Welding, Rough Carpentry activities, Finish Carpentry activities, Siding and Exterior Building Envelope, Installation of Doors, Windows and Openings, Installation of Division 10 Building Specialties, Limited Installation of Equipment, Installation of Owner Supplied Furniture, Fixtures and Equipment. The balance of scopes of work as detailed by the CSI standard divisions or as defined as a licensed trade, will be subcontracted under Jackson Contractor Group. Thank you and please let me know if there are any questions regarding this proposal. Nick Van Tighem Project Development Director DocuSign Envelope ID: 0DBA74EE-63BB-4B27-8BA0-9E9337AE79C5 114 Memorandum REPORT TO:City Commission FROM:Jon Henderson - Director of Strategic Services Max Ziegler - Facilities Assistant Superintendent SUBJECT:Authorize the City Manager to Sign a Second Amendment to Architectural Services Agreement with A&E Design for Bozeman City Hall Renovation MEETING DATE:May 7, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Second Amendment to Architectural Services Agreement with A&E Design for Bozeman City Hall Renovation STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Capital improvement project GF370 is a consolidated project consisting of renovating office and public spaces in City Hall, retro commissioning the building for improved energy efficiency, and enhancing points of staff / public interaction through layout changes and security upgrades. The overall project budget for GF370 is $1,500,000. The first step in this project was conducting a thorough assessment of building stakeholder needs to guide space allocation and organization of programming. As the extent of the design scope is based on programming requirements determined in the first phase, it was not possible to accurately price this work until the programming analysis was completed. Now that programming and conceptual drawings have been created, this contract is being amended to include the full design scope and construction administration services for this project. This amendment includes the addition of full project scope and associated costs, which includes creation of construction and bid documents as well as construction administration services through project completion. A&E Design was selected as the Project Architect for the City Hall renovation through a public Request for Qualifications process in which respondents were rigorously scored based upon their experience and qualifications as applicable to this project. This amendment is to include additional design and construction administration services to the existing Architectural Services Agreement. These additional services will include inventory and design of furniture, fixtures and equipment, as well as construction administration services for moving and installing furniture systems. 115 UNRESOLVED ISSUES:None at this time ALTERNATIVES:As suggested by City Commission FISCAL EFFECTS:This amendment will increase the contracted price for Architectural Services by $10,000. Costs are to be paid from the GF370 Project Fund. Attachments: Amendment 2 - Architectural Services Agreement - A&E Design - City Hall Renovation GF370 - Compiled.pdf Amendment 1 - Architectural Services Agreement - A&E Design - City Hall Renovation GF370 - Signed.pdf Report compiled on: April 17, 2024 116 Second Amendment to Professional Architectural Services Agreement for Architectural Services – City Hall Renovation FY 2024 – FY 2026 Page 1 of 2 SECOND AMENDMENT TO PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Architectural Services – City Hall Renovation dated October 24, 2023 (the “Agreement”) is made and entered into this _____ day of ____________, 2024, 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 A&E Design, 515 W Aspen St., Bozeman, MT 59715, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Scope of Work: Section 3 of the Agreement is amended to expand the project’s scope to include design and construction administration services for furnishings, fixtures and equipment for the City Hall renovation as attached hereto as Exhibit A. 2. Payment: Section 4 of the Agreement is amended to include costs associated with expansion of project scope as attached hereto as Exhibit A. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 117 Second Amendment to Professional Architectural Services Agreement for Architectural Services – City Hall Renovation FY 2024 – FY 2026 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA A&E DESIGN By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 118 EXHIBIT A 119 Furniture, Fixture, and Equipment Design Proposal 1 A&E Design 515 West Aspen Street Bozeman, MT 59715 ae.design April 10, 2024 Jon Henderson Strategic Services Director 20 East Olive Street Bozeman, MT 59715 Via email: jon.henderson@bozeman.net RE: Bozeman City Hall FF&E Dear Jon, Thank you again for the opportunity to collaborate further with you on the Bozeman City Hall Renovation to help manage and design the furniture package for the project. Scope: From simple to robust, our furniture, fixture, and equipment design services begin with a complete package that can be customized as needed. The following is a scope breakdown for full design services. Design Development – Planning the Space During this phase, we’ll provide conceptual FF&E design to arrive at the best possible solution that blends the interior design and FF&E into a cohesive design that meets the space plan and goals for growth. This includes a full documentation of existing furniture to determine what will be kept and reused and where new furniture is needed. We will work with an outside furniture vendor and manage all discussions with their team for you. Deliverables • Schematic FF&E Floor Plan – Encompassing new and existing. • Schematic Material, Fabric, and Finishes Construction Documents – How It All Goes Together We’ll create drawings and schedules that describe in technical detail your project goals. This includes final FF&E plans with placement, materials, and equipment needed for the FF&E design completion and ability to procure from an outside vendor. We will continue to work with this outside vendor during this phase, managing the selection and design process for you. 120 Furniture, Fixture, and Equipment Design Proposal 2 Deliverables • Final FF&E Floor Plan – Fully incorporated design intent for each room along with placement and dimensions as required. • Final Material, Fabric, and Finishes Design Fee: $7,800 Construction Administration – Procurement and Installation Our team offers in-house Construction Administration services, which reduces the potential for errors and miscommunication and ensures the project is completed on schedule and within budget. This service provides consistency between the design team, contractor, furniture vendor, and owner to preserve the design intent and ensure construction quality. From schedule review to coordination of specific materials and equipment, we verify all project requirements are met. Deliverables This proposal includes: • Management and review during site Installation - Provide review of FF&E site deliverables to ensure quality, schedule, and final placement. • Punchlist review for warranty of furniture. Construction Administration Fee: $2,200 We are excited to help make your ideas into reality. Thank you for this opportunity! Sincerely, Emma Survis AIA 121 FIRST Amendment to Professional Architectural Services Agreement for Architectural Services – City Hall Renovation FY 2024 – FY 2026 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Architectural Services – City Hall Renovation dated October 24, 2023 (the “Agreement”) is made and entered into this _____ day of ____________, 2024, 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 A&E Design, 515 W Aspen St., Bozeman, MT 59715, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Scope of Work: Section 3 of the Agreement is amended to expand the project’s scope to include full design and construction administration services as attached hereto as Exhibit A. 2. Payment: Section 4 of the Agreement is amended to include costs associated with expansion of project scope as attached hereto as Exhibit A. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** DocuSign Envelope ID: D62F22A1-4406-4A00-A75E-705901D48AC3 27th February 122518 FIRST Amendment to Professional Architectural Services Agreement for Architectural Services – City Hall Renovation FY 2024 – FY 2026 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA A&E DESIGN By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: D62F22A1-4406-4A00-A75E-705901D48AC3 Brad Doll Principal | Architect XXXXXXXXXXXXXXXXXXXXXXXXXXXX Chuck Winn, Acting City Manager 123519 EXHIBIT A DocuSign Envelope ID: D62F22A1-4406-4A00-A75E-705901D48AC3 124520 Our Proposal 1 A&E Design 515 West Aspen Street Bozeman, MT 59715 ae.design February 9, 2024 Max Ziegler Facilities Project Coordinator 20 East Olive Street Bozeman, MT 59715 Via email: wziegler@bozeman.net RE: Bozeman City Hall SD - CA Dear Max, Thank you again for the opportunity to collaborate with you on the Bozeman City Hall Renovation. This proposal outlines our team’s process for the next steps of this project, taking what we developed during the Need Assessment and moving into a constructable vision! Scope: We propose the following scope breakdown: Schematic Design – What It Looks Like This phase is all about collaboration. We’ll meet with you to identify your project goals and overall vision. Based on your thoughts and ideas, we’ll prepare drawings and other documents to illustrate the scale and relationship of each project component. Deliverables These documents include: • Conceptual Floor Plans – General Lay Out, Spatial Arrangements, Functional Adjacencies Cost Estimate We’ll develop a Statement of Probable Construction Cost to guide the construction process. Design Development – Perfecting the Plan During this phase, we’ll continue to further refine the design to ensure your project goals are successfully reflected in the design solution. DocuSign Envelope ID: D62F22A1-4406-4A00-A75E-705901D48AC3 125521 Our Proposal 2 Our team will provide you with samples or “cut sheets” of proposed materials and products for your approval. We’ll incorporate your feedback and make revisions relating to building structure and appearance, building systems, construction materials and finishes, and other essentials. Deliverables These documents include: • Design Drawings • Renderings of Interior Views Construction Documents – How It All Goes Together This phase is dedicated to the details. We’ll create working drawings and schedules that describe in technical detail the construction contract work required to meet your project goals. This includes materials, equipment, workmanship, and allowances needed for architectural, structural , mechanical, and electrical work. Any changes to the schematic design documents will be made only with your approval, and any modifications to the estimated construction cost will be mutually understood by everyone involved. If you request any major revisions to the construction documents that deviate from the approved schematic design, additional costs will be required to make modifications at this stage. Deliverables These documents include: • Final Floor Plans with MEP Details • Final Interior Elevations and Details • Final Schedules with Details • Determination of allowances for FF&E Final Cost Estimate Our team will review and update our initial Cost Estimate to reflect the final design and actual quantities and assemblies cost, and where necessary, actual cost input from contractors or suppliers. Bidding and Negotiation – Arriving at a Price Our team will oversee the bidding process and prepare necessary information, including contracts covering responsibilities during construction. We’ll also advise you regarding the qualifications of prospective contractors and assist in awarding a construction contract. Construction Administration – Building It Our team provides in-house CA services, reducing the opportunity for errors and miscommunication to protect both your budget and schedule. DocuSign Envelope ID: D62F22A1-4406-4A00-A75E-705901D48AC3 126522 Our Proposal 3 We provide consistency between the design team, contractor, and owner to protect the design intent and quality of construction. From schedule management to analysis and coordination of specific materials and equipment, we’ll ensure all project requirements are met. The Following Services Can Be Provided: • Request for Information (RFI) – Provide Clarification / Resolve Conflict • Changes in the Work – Manage Modifications with your Approval • Submittal Review – Review Product Data, Shop Drawings, and Samples • Progress Meeting – Onsite Meetings with Contractor • Request for Payment – Receive, Process, and Forward Payments • Substantial Completion Inspection – Distribute Punchlist to Contractor • Final Inspection – Confirm Completion of Punchlist • Project Closeout – Assist in Closeout Procedures Attached to this proposal is a copy of our General Terms and Conditions, which are fully incorporated herein through this reference. Please review our terms and conditions thoroughly, as they represent the guidelines governing our relationship throughout the course of your project, and will be binding upon acceptance of this proposal. Please note, this proposal will be deemed accepted upon any of the following conditions occurring: (1) execution of this proposal by you or your designated representative; (2) written authorization to commence the services identified herein (e.g. text, email, etc.); (3) acceptance of work product produced under this proposal; or (4) payment to A&E of any kind in relation to this proposal. If you approve of this proposal, we will provide a contract specifying the design fee and scope of work agreed to for your project. Said contract, along with this proposal and its General Terms and Conditions, is intended to eliminate potential “surprises” throughout the project and creates a mutual understanding of the expectations for your project. Any/all subsequent contract between us is hereby incorporated and made part of this proposal. In the event of any conflict between this proposal and its General Terms and Conditions, and any subsequent agreement(s), the provisions of this proposal and its General Terms and Conditions shall take precedence. If you have any questions about what you’ve read in this proposal, don’t hesitate to reach out for further discussion. We are excited to help make your ideas into reality. Thank you for this opportunity! Sincerely, Emma Survis AIA Project Manager DocuSign Envelope ID: D62F22A1-4406-4A00-A75E-705901D48AC3 127523 Exhibit A Project Name Design Services Proposal Location 2/9/2025 Design Services Team Programming Schematic Design Design Development Construction Documents Bidding & Negotiation Construction Administration Total Remarks Basic Services Architecture 25,000$ 28,000$ 37,000$ 3,000$ 30,500$ 123,500$ Mechanical | Electrical 6,800$ 5,440$ 8,840$ 500$ 5,100$ 26,680$ Structural 5,000$ 9,000$ 12,000$ 2,000$ 4,500$ 32,500$ Subtotal:36,800$ 42,440$ 57,840$ 5,500$ 40,100$ 182,680$ Additional Services & Reimbursable Expenses Architectural interior design -$ 2,500$ 5,000$ 7,500$ -$ -$ 15,000$ Detailed Cost Estimating -$ -$ -$ -$ -$ -$ -$ Simplified Cost Estimating Included Telecommunications/data design -$ -$ -$ -$ -$ -$ -$ Expected to be coordinated with Owner Furniture, furnishings, and equipment design -$ -$ -$ -$ -$ -$ -$ Not Included at this time Other services provided by specialty consultants -$ -$ -$ -$ -$ -$ -$ Acoustical Engineering -$ -$ -$ -$ -$ -$ -$ Not Included at this time. Fire Sprinkler Design -$ -$ -$ -$ -$ -$ -$ Performance Specification Included Other supplemental services -$ -$ -$ -$ -$ -$ -$ Signage / Environ. Graphic Design -$ -$ -$ -$ -$ -$ -$ Not Included. ADA signage included. Artists Renderings -$ -$ -$ -$ -$ -$ -$ Not Included. Warranty 1-Year Walk Through -$ -$ -$ -$ -$ -$ -$ Consultant -$ -$ -$ -$ -$ -$ -$ Not included. A&E -$ -$ -$ -$ -$ -$ -$ Not included. Subtotal Additional Services:$15,000 Reimbursable Expenses (Printing & Travel)$750 Total Project Cost (Basic Services, Additional Services, and Reimbursables):$198,430 Project Phase DocuSign Envelope ID: D62F22A1-4406-4A00-A75E-705901D48AC3 128524 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Shawn Kohtz, Utilities Director SUBJECT:Authorize City Manager to sign Amendment No. 2 to the Professional Services Agreement with Morrison Maierle for the Sourdough Creek Intake Improvements Project. MEETING DATE:May 7, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign Amendment No. 2 to the Professional Services Agreement with Morrison Maierle for the Sourdough Creek Intake Improvements Project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of Amendment No. 2 to the Professional Services Agreement with Morrison Maierle for the Sourdough Creek Intake Improvements Project. The document is in the City’s standard format. The original contract was for the predesign services only. In that phase the consultant reviewed designs that were completed in 2010 but never implemented. There were a number of items identified that needed to be updated on the project. Some for code compliance, some for new and improved technology, and some at the request of treatment plant staff for operation, maintenance and monitoring efficiencies. This amendment will add the preliminary and final design phase in order to implement all of the changes and prepare the final bid documents. This will also include submission of the plans and specifications to all applicable regulatory agencies to obtain approvals and all necessary permits. An additional amendment will be prepared for the construction phase services at the completion of the final design phase of the project. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:$357,000 to be paid with American Rescue Plan Act (ARPA) funds ($2,550,125) and the Water Fund ($5,100,000 – Project W107). 129 Attachments: Sourdough Intake Amendment No. 2.pdf Report compiled on: April 16, 2024 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign Task Order 5 with HDR Engineering, Inc., to complete Water Quality Monitoring for the East Gallatin River for the 2024 Field Monitoring Season MEETING DATE:May 7, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Task Order 5 with HDR Engineering, Inc., to complete Water Quality Monitoring for the East Gallatin River for the 2024 Field Monitoring Season STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:HDR Engineering is under an existing on-call term contract to perform a range of professional and technical services related to operations and maintenance of the City’s Water Reclamation Facility (WRF) and the East Gallatin River. The attached Task Order 5 provides for water quality monitoring for the East Gallatin River for the 2024 field monitoring season. Monitoring provides essential data for purposes of tracking water quality trends, water quality modeling, and discharge permit compliance. The data obtained under Task Order 5 will be input to the Montana DEQ’s water quality database. The data will be utilized by the City and DEQ to assess watershed health and beneficial use attainment, update the nutrient water quality model for the East Gallatin River, and derive permit limits for nutrient discharges from the WRF. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The negotiated cost-not-to-exceed fee for Task Order 5 is $63,164, payable on a Time and Materials basis. The approved FY24 WRF budget contains $60,000 for project ‘WW112 – East Gallatin River Data Collection’. The approved FY25-29 capital improvement plan provides $63,000 for project WW112 in FY25. Sufficient budget is available to fund Task Order 5. Attachments: 145 Task Order 5_HDR_East Gallatin 2024 WQ Monitoring.pdf Report compiled on: April 22, 2024 146 WRF Task Order No. 5 1 Exhibit A to Professional Services Agreement TASK ORDER NUMBER 05 Issued under the authority of Professional Services Agreement between the City of Bozeman and HDR Engineering, Inc. for: A range of professional and technical services related to operations and maintenance of the City of Bozeman Water Reclamation Facility and the East Gallatin River. This Task Order is dated , 2024 between City of Bozeman (City) and HDR Engineering, Inc. (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Brian Heaston Contractor: Coralynn Revis SCOPE OF WORK: (attach additional sheet(s) as required) 1. Water quality sampling on the East Gallatin River. See Attachment No. 1. COMPENSATION: The anticipated level of effort for the above Task items are based upon the following manhour projection and expense projection in Attachment No. 2. The anticipated cost for services for the above Task items, to be completed on a Time and Materials Basis not to exceed without prior authorization, are as follows in Attachment No. 2. Contractor shall be reimbursed on a Time and Materials basis not to exceed the budget amounts presented, without prior written authorization from the City of Bozeman. Contractor shall notify the City of Bozeman prior to executing additional work, and shall not proceed with additional work without written authorization from the City of Bozeman. Contractor shall invoice no more often than monthly for services provided in the prior month. The provisions of the Professional Services Master Task Order Agreement and any Special Terms and Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this Task Order: City of Bozeman HDR Engineering, Inc. By: By: Title: Title: Date: Date: Fed. ID. No. 147 1 ATTACHMENT NO. 1 SCOPE OF SERVICES CITY OF BOZEMAN, MONTANA EAST GALLATIN RIVER WATER QUALITY STUDY, 2024 Background HDR has completed various quality studies of the East Gallatin River intermittently since 2018, with the last sampling work occurring in 2020. Each year is unique in terms of the river flow, weather, and nutrient loading in the watershed. Discussions regarding the future of nutrient regulations in Montana remain ongoing and no timeline currently exists for a resolution. Given this uncertainty, and the informational value provided by water quality sampling, the City has requested that HDR conduct sampling in 2024. This scope outlines work to complete this task. Scope of Services This scope of services is for the Consultant to assist the Owner through various technical assistance activities related to watershed water quality. The proposed scope of Consultant services are identified in the following tasks. Consultant will commence with services upon written notice to proceed with the selected tasks. Schedule will be determined at the time of notice to proceed. Task 100. Project Management Objective and Approach Consultant will provide project management activities for this task. Project management and administrative activities include the following:  Conduct scheduling, invoicing, work planning, and administrative activities to manage, to the extent possible, scope, budget, and schedule relative to activities summarized within this scope of services.  Conduct quality control reviews for deliverables anticipated under this contract, consistent with the standard of care for the engineering profession.  Coordinate with the Owner to address project expectations, scheduling, budget, progress, and coordination topics related to work being conducted as part of this contract. Assumptions  If the scope changes during the life of the project, modification to the original contract agreement will be required per the terms and conditions of the agreement.  Quality control reviews of work activities and project deliverables are included in each task. 148 2  Invoice format will follow standard format by the Consultant.  Direct expenses for travel, printing, photocopying, and telephone conferences will be billed to Owner. Deliverables  Monthly invoices. Task 200. Study Preparation Objective and Approach A sampling and analysis plan (SAP) will be written for the 2024 water quality study. The SAP will be submitted to Montana DEQ for review and approval. Commencement of field work will occur after DEQ approval of the SAP. The planned sampling matrix, for purposes of estimating labor and equipment costs, is included in Appendix A. Landowner permission will be requested for site access where applicable. Energy Laboratories and Rhithron Associates will provide all analytical laboratory services. The analytical methods, reporting limits, preservation methods, and hold times identified in the SAP will be provided to the laboratories to confirm compliance. Assumptions  The SAP will follow the preliminary sampling matrix in Appendix A.  The SAP update will not require major revisions after the submittal to the DEQ.  Landowner permission can be obtained for accessing relevant sites where there is no other means of public access. If landowner permission cannot be obtained, the SAP will be modified by addendum to reflect the monitoring sites for which data will be collected. Deliverables  2024 SAP, provided electronically. Task 300. Field Sampling Work Objective and Approach This task includes the labor and expenses for completing sampling on the East Gallatin as outlined in the 2024 SAP. One week of field work will be conducted in August to collect the information identified in the SAP. Two rental sondes will be deployed for one month to collect continuous water quality data. Sondes will be retrieved at the end of their monthlong deployment. Assumptions  Two field staff will be deployed for the monitoring event. 149 3  Monitoring will be limited to the sites and parameters formally documented in the 2024 SAP and limited to the sampling program identified in Appendix A.  The City of Bozeman will provide the sonde deployment housing.  Laboratory quotes will not increase. Increases in laboratory fees will result in an amendment. Deliverables  Electronic copies of the laboratory reports if requested. Task 400. Data Analysis & Entry to MT-eWQX Database Objective and Approach HDR will summarize the data collected in 2024 in a data summary report (DSR). The data will be verified by comparing the primary data to quality control results. The primary data will be qualified per the methods from the SAP. The DSR will present the qualified data in tables and graphs. Any variances from the SAP will be discussed. Data quality will be discussed. Electronic copies of the field forms, field notes, chain of custody forms, and laboratory reports will be appended to the DSR. HDR will enter all data meeting quality control requirements into the Montana EQuIS water quality exchange (MT-eWQX) database. Assumptions  No meetings with DEQ are included.  The DSR will not need to be updated based on DEQ comments. Deliverables  Report the monitoring results in a DSR, provided electronically. 150 4 Site Site Description TSS VSS TN TP Ortho Phosphorous Nitrate + Nitrate as N Total Ammonia as N Alkalinity Metals CBOD5 + CBOD20 TOC Benthic Chl a + AFDW Phytoplankton Chl a + AFDW Periphyton Benthic Macroinvertebrates One Week Sonde Deployment Field Flow Measurement FB Field Blank X X X X X X X X X X X FD Field Duplicate X X X X X X X X X X X X X X X X EGALRA Site A, ~1.7 miles downstream of the Bridger Creek confluence X X X X X X X X X X X X X X X X X EGALRB Site B, ~0.3 stream miles upstream of Bozeman WRF outfall, Riverside Country Club X X X X X X X X X X X X X X X X EGWRF1 d/s outfall X X X X X X X X X X X X X X X X EGWRF3 d/s outfall X X X X X X X X X X X X X X X X EGALRC Site C, 0.9 stream miles downstream of the Bozeman WRF outfall, Below City of Bozeman WRF X X X X X X X X X X X X X X X X X EGALRD Site D, ~0.3 stream miles downstream of the Riverside Water & Sewer District ponds X X X X X X X X X X X X X X X X 151 5 Site Site Description TSS VSS TN TP Ortho Phosphorous Nitrate + Nitrate as N Total Ammonia as N Alkalinity Metals CBOD5 + CBOD20 TOC Benthic Chl a + AFDW Phytoplankton Chl a + AFDW Periphyton Benthic Macroinvertebrates One Week Sonde Deployment Field Flow Measurement EGALRF Site F, Lower third of river reach, Shiffman Property X X X X X X X X X X X X X X X X EGALRG Site G, Upstream of confluence with Hyalite Creek X X X X X X X X X X X X X X X X BOZWRF BOZWRF, City of Bozeman WRF Outfall X X X X X X X X X X X COTCRK COTCRK, Middle Conttonwood Creek X X X X X X X X X X X X AG1 Agriculture Return 1, Location TBD X X X X X X X X X X X X AG2 Agriculture Return 2, Location TBD X X X X X X X X X X X X AG3 Agriculture Return 3, Location TBD X X X X X X X X X X X X 152 1 - Project Manager General - Coralynn Revis2 - Environmental Scientist 3 - Chad Wiseman3 - Engineer Civil - Anders Nord4 - Engineer Civil - Kevin Christofanelli5 - EIT Sanitary - Chance Maes7 - Environmental Scientist 3 - Michael Kasch8 - Accountant - Paden Kaufman9 - Administrator - Devie BessetteTotal Budget Task Task Description Status PJM15 SEN30 ECI20 ECI20-1 ESA10 SEN30-1 ACT03 ADM10 TOTAL HOURS LABOR INCL. ESCALATION EXPENSES TOTAL COST 101 Project Management .8 10 18 3,276$ -$ -$ Subtotal (including optional) 8 0 0 0 0 0 10 0 18 3,276$ -$ 3,276$ 201 Develop SAP and Safety Plan .2 8 2 4 16 2,431$ -$ -$ 202 Land Access Requests .6 6 733$ -$ -$ 203 Equipment Procurement . 2 8 4 14 1,707$ 5,540$ -$ Subtotal (including optional) 0 2 10 14 4 2 0 4 36 4,872$ 5,540$ 10,412$ 301 Sonde Calibrations, Deployments, and Retrievals .2 10 6 18 2,179$ -$ -$ 302 Field Sampling Work . 48 48 96 11,323$ 23,605$ -$ 303 Mobilization and Demobilization . 8 6 14 1,660$ -$ -$ Subtotal (including optional) 0 0 2 66 60 0 0 0 128 15,162$ 23,605$ 38,767$ 401 Data Organization and Lab Correspondence .2 6 8 1,038$ -$ -$ 402 Data Summary Report .6 4 40 50 7,411$ -$ -$ 403 O/E Predictor Variables for Rithron . 2 2 4 855$ -$ -$ 404 Data Entry to MT-eWQX . 12 12 1,405$ -$ -$ Subtotal (including optional) 0 8 6 48 12 0 0 0 74 10,710$ -$ 10,710$ 8 10 18 128 76 2 10 4 256 34,020$ 29,145$ 63,164$ Other Direct Costs Task 100 Project Management Task 200 Study Preparation Task 400 Data Analysis Task 300 Field Sampling Work HDR 153 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Task Order Eight with Economic and Planning Systems (EPS) for the Miller Global Affordable Housing Ordinance Density Bonus Review MEETING DATE:May 7, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a task order eight with Economic and Planning Systems (EPS) for the Miller Global Affordable Housing Ordinance density bonus review STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The City of Bozeman is reviewing a proposed use of the City’s density bonus offered through the Affordable Housing Ordinance (AHO) passed in October 2021. Miller Global (developer) is proposing a 7-story luxury downtown condominium development with 46 units. The developer is proposing to use the incentives offered in the City’s Affordable Housing Ordinance to gain an additional two stories above what the base zoning allows (5 stories). The developer is proposing to dedicate land to the City rather than constructing units within the project. This task order will allow Economic and Planning Systems (EPS) to determine if the proposed donation complies with the City's Affordable Housing Ordinance. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:The project will be billed with monthly invoices and a labor and direct cost basis not to exceed $19,100. Attachments: Task Order 8 EPS AHO Density Bonus Review.pdf 233073 Scope AHO Density Bonus Review 02-21-2024.pdf Report compiled on: April 18, 2024 154 City of Bozeman Term Contract with Economic & Planning Systems, Inc. Task Order Number 8: Neighborhood Commercial Discussion PROJECT: Affordable Housing Ordinance Density Bonus Review Issued under the authority of the City of Bozeman Professional Services Agreement Term Contract with Economic and Planning Systems, Inc. to support Economic Development and Community Housing programs. This Task Order is dated May 7, 2024 between the City of Bozeman Economic Development Department and Economic & Planning Systems, Inc. (EPS) (Contractor). The following representatives have been designated for the work performed under this Task Order: City: David Fine, Urban Renewal Program Manager Contractor: Brian Duffany, Principal, Economic & Planning Systems SCOPE OF WORK: • Kick-off meeting and data collection • Proforma Analysis and Cost Research • Draft findings and check-in • Summary Memorandum COMPENSATION: EPS will bill for its services on a time and materials basis not to exceed $19,000. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Economic & Planning Systems Chuck Winn Brian Duffany Interim City Manager Principal 155 Economic & Planning Systems, Inc. 233073 Scope AHO Density Bonus Review 02-21-2024.docx 1 Scope of Work Project Name: Miller Global AHO Density Bonus Review EPS Project # 233073-2 City Task Order Number: 12 Budget: $19,100 Background and Approach The City of Bozeman is reviewing a proposed use of the City’s density bonus offered through the Affordable Housing Ordinance (AHO) passed in October 2021. Miller Global (developer) is proposing a 7-story luxury downtown condominium development with 46 units. The developer is proposing to use the incentives offered in the City’s Affordable Housing Ordinance to gain an additional 2 stories above what the base zoning allows (5 stories). The AHO is a voluntary contractual incentive program. It does not require affordable units to be constructed outside of the incentive options that are available, as would be required in an inclusionary housing ordinance which is not permitted in Montana. Section 38.380.50 of the AHO provides the option of dedicating land to the City rather than constructing units within the project. The Code states that the land donation must “provid[e] equal or greater affordable housing benefit to the city”. The determination of equal or greater benefit is defined in subsection C: “The value of the land donated must equal or exceed the remaining cost of designing, obtaining land use and building approvals for, installing or upgrading infrastructure for, and constructing the number of affordable homes the annexer, subdivider, or developer would otherwise be required to provide in return for the requested incentives listed in subsection 38.380.030, as established by an independent valuation and economic study commissioned by and acceptable to the city and paid for by the developer.” We interpret this section to mean that the value of the land (“mitigation site”) shall be equal or greater than the cost of developing the required number of units without the cost of land. In real estate terminology, the land needs to be worth at least the hard and soft costs of building the equivalent number of units as shown in the example below. 156 Report Title 2 Example Required Land Value (Appraisal) $1,000,000 or more Hard Costs $750,000 Soft Costs $250,000 Total Cost of Required Units $1,000,000 This is the first test of this incentive ordinance, so no examples or analysis templates are available. EPS’ proposed approach is to estimate the hard and soft costs of a prototypical affordable (approximately 80% AMI or below) or non- luxury market rate rental unit. This will be based on various sources, such as recent development proformas received by the City through other incentive processes, input from the developer, and additional research and analysis by EPS. Using an average cost per unit estimate, we will compare the land value to the total cost of the required units (not including land costs). We do not propose to use the cost of providing affordable units in the Miller Global development. This is a high-density project that may use concrete and steel construction which is more expensive than the more typical wood frame construction that affordable and some market rate rental housing uses. Task 1. Kick off meetings and Data Collection • Kick off meeting with City staff to review and discuss scope and approach • Joint kickoff meeting between the City, EPS, and Miller Global • Identify data needs and assign/identify point people at City and Miller Global • Define a development prototype for cost estimating purposes. We suggest a 3 or 4-story surface parked prototype (wood frame construction). Task 2. Proforma Analysis and Cost Research • Obtain recent development proformas from the City and EPS project files. Summarize costs by major category (per unit, per square foot, hard costs, soft costs, and soft cost percentages). • Request from the developer any relevant cost data from the proposed project and recent project experience. • Make construction cost inflation adjustments as needed from past proformas. • Consult cost estimating sources as needed. • Prepare a draft cost per unit, allocated to hard costs and soft costs. Document sources while preserving confidentiality where needed. 157 Economic & Planning Systems 3 Task 3. Draft Findings and Check In • Summarize the cost analysis for distribution to the City and Miller Global. • Compare the appraised value of the mitigation site to the cost of constructing the required units. • Convene a virtual meeting to review and discuss the draft findings. • Make any necessary revisions based on City and developer comments. Task 4. Summary Memorandum • Prepare a draft and final summary memorandum to the City and developer. • Make revisions as needed and submit a final memorandum with a recommendation on whether the land dedication criteria are met. Cost The project will be billed with monthly invoices and a labor and direct cost basis not to exceed $19,100. The estimated allocation of labor by task and staff level is shown below. EPS may re-allocate time across staff levels and tasks as needed. Description Principal Associate Total Billing Rate $250 $150 Task 1. Kick off meetings and Data Collection 4 8 $2,200Task 2. Proforma Analysis and Cost Research 12 24 $6,600 Task 3. Draft Findings and Check In 8 8 $3,200Task 4. Summary Memorandum 12 24 $6,600 Labor 36 64 $18,600 Cost estimating data sources $500 Total $19,100 158 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5593 Creation of Special Improvement Lighting District 782 Aaker Subdivision MEETING DATE:May 7, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5593 Creation of Special Improvement Lighting District 782, Aaker Subdivision STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:The Commission did on April 9, 2024, adopt Commission Resolution No. 5592 Intent to Create Special Improvement Lighting District 782 Aaker Subdivision as per MCA 7-12-4301. The property owner has been noticed of the public hearing on this date. Creating a lighting district is a requirement of final plat approval. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is estimated to cost $14.21 per acre within the district or $1,112.59 annually for the entire district. Attachments: Resolution 5593-Creation of SILD 782.doc Report compiled on: March 26, 2024 159 Page 1 of 4 RESOLUTION 5593 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 782 AAKER SUBDIVISION CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIALASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), as follows: Section 1 Passage of Resolution of Intention. This Commission, on April 9, 2024, adopted Resolution No. 5592 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to create a special lighting district, designated as Special Lighting District No. 782 (Aaker Subdivision) of the City (the “District”), under Montana Code Annotated, Title 7, Chapter 12, Part43, as amended (the “Act”), for the purpose of financing costs of certain local improvements described generally therein (the “Improvements”) and paying costs incidental thereto, including costs associated with the creation and administration of the District. Section 2 Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published, posted and mailed in all respects in accordance with law, and on May 7, 2024, this Commission approved the creation of the District and the making of the Improvements. The meeting of this 160 Resolution 5593, Creation of SILD 782 – AAKER SUBDIVISION PHASE 1 Page 2 of 4 Commission at which this resolution was adopted is the first regular meeting of the Commission following the expiration of the period ended 15 days after the first date of publication of the notice of passage of the Resolution of Intention (the “Protest Period”). Section 3 Protests. Within the Protest Period, no protests were filed with the City Clerk. Section 4 Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. Section 5 Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all necessary schedules and resolutions for the levying of assessments in the District necessary to finance the Improvements and present such resolution to this Commission for adoption in conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October. The City Clerk is authorized to provide notice of the resolution of assessment and schedule a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final passage of such resolution deliver it to the City Treasurer. Section 6 Lighting District Fund Established. There is hereby created a fund to be known as the Special Lighting District No. 782 Fund (the “Fund”). All money derived from the collection of the assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to 161 Resolution 5593, Creation of SILD 782 – AAKER SUBDIVISION PHASE 1 Page 3 of 4 pay costs of the Improvements. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7 th day of May 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ________________________________________ ALEX NEWBY Deputy City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 162 Resolution 5593, Creation of SILD 782 – AAKER SUBDIVISION PHASE 1 Page 4 of 4 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5593 entitled: ARESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 782 (AAKER SUBDIVISION); CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTEDPROPERTY BYTHE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on May 7, 2024 and that the meeting was duly held by the CityCommission 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 7th day of May 2024. ___________________________________ ALEX NEWBY Deputy City Clerk 163 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of Transportation and Engineering SUBJECT:Ordinance 2158, Final Adoption, Updating Manner of Collection for Lane/Shoulder/Path Mitigation Fees MEETING DATE:May 7, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Approve final adoption of Ordinance 2158 STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:On January 26, 2021, the City Commission of the City of Bozeman adopted Ordinance 2058, amending Chapter 34. Article 2 of the Bozeman Municipal Code to update bonding and permitting requirements for work on public streets, establishing lane/shoulder/path closure mitigation fees, establishing specific penalties, and updating of language within the chapter. Sec. 34.02.040.B gives the authority for setting mitigation fees to the Director of Transportation and Engineering. During the process of proposing fees for mitigation, it has become evident that improvements to Sec. 34.02.040 could be made to the manner of assessment and collection in order to more equitably utilize the authority established through Ordinance 2058. The proposed revisions come in the form of how the mitigation fee is assessed and where collected fees are distributed within City funds. Sec. 34.02.040 currently authorizes the city to collect a mitigation fee for street obstructions on a per square foot per day basis. This manner of collection is dependent on the width of lane, shoulder, or path that is obstructed. However, the spatial and temporal impact to the public is incurred by the obstruction requiring closure of all or portion of elements in the street right of way independent of width. This existing method of assessment dictates that the mitigation fee for closure of a 12 foot travel lane would be 20% costlier than the closure of a 10 foot travel lane without the obstruction of the wider lane causing any additional inconvenience to the public. The length of closure in time and space, not width of closure, is more indicative of the burden said closure places on the public. Therefor, the Director of Transportation and Engineering proposes through 164 Ordinance 2158 to adjust the manner of mitigation fee assessment from a per square foot per day basis to a per linear foot per day basis. Resolution 5588 proposes mitigation fees on a per linear foot per day basis with variable rates for different elements within the street right of way such as travel lanes, bike lanes, shared use paths, and sidewalks. Additionally, Ordinance 2158 proposes to define that mitigation fees under Sec. 34.02.040 be placed in the city's Street Maintenance District fund for purposes of using said fees to operate, maintain, and improve street right of way. This definition will serve to utilize mitigation fees to offset the impact of closures to the public by reinvesting the fees into public rights of way. The Commission Approved Ordinance 2158 Updating Manner of Collection for Lane/Shoulder/Path Mitigation Fees on March 26,2024. The Commission voted (4:0) to approve the Ordinance. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:None. Attachments: Ordinance 2158_Revision to Obstructing and Encumbering Streets - FINAL.pdf Report compiled on: April 26, 2024 165 Version February 2023 Ord 2158 Page 1 of 4 ORDINANCE 2158 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 34.02 OF BOZEMAN MUNICIPAL CODE TO GENERALLY REVISE THE FEE COLLECTION FOR LANE/SHOULDER/PATH MITIGATIONS FEES WHEN OBSTRUCTING OR ENCUMBERING STREETS. WHEREAS, on January 26, 2021, the City Commission of the City of Bozeman adopted Ordinance 2058, amending Chapter 34. Article 2 of the Bozeman Municipal Code to update bonding and permitting requirements for work on public streets, establishing lane/shoulder/path closure mitigation fees, establishing specific penalties, and updating of language within the chapter; and WHEREAS, on February 15, 2022, the City Commission of the City of Bozeman adopted Ordinance 2098, the most recent update to Chapter 34 Article 2 of Bozeman Municipal Code; and WHEREAS, Sec. 34.02.040 authorizes the Director of Transportation and Engineering to establish a lane/shoulder/path mitigation fee for street obstruction permits on a per square foot per day basis; and WHEREAS, the Director of Transportation and Engineering seeks to establish a more equitable manner of assessing lane/shoulder/path mitigation fees; and WHEREAS, the spatial impact to the public from obstructing elements of the right of way such as but not limited to lanes, shoulder, bike lanes, sidewalks, and paths is more accurately based on length of obstruction and is less dependent on width of the obstruction; and WHEREAS, revising the assessment of lane/shoulder/path mitigation fees from a per square foot to per linear foot basis for each element of the right of way on a street requiring a street obstruction permit establishes a more equitable manner of assessment; and WHEREAS, the lane/shoulder/path mitigation fees collected as part of street obstruction permits may be used to maintain, repair, and improve elements of the right of way for the benefit of the public and therefore shall be deposited into the street maintenance fund. 166 Ordinance No. 2158, Revision to Obstructing and Encumbering Streets Page 2 of 4 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Section 34.02.040, Bozeman Municipal Code, will be amended as follows: Sec. 34.02.040. Obstructing or encumbering streets; permit required. A. No person, association, company or corporation shall encumber or obstruct, or cause to be encumbered or obstructed any street, avenue, alley, trail, path, or other public place in the city by placing therein or thereon any building materials, trash, garbage, rubbish, debris, accumulated snow and ice removed from an adjoining private premises, or any article or thing whatsoever, without first having obtained a street obstruction permit from the transportation and engineering department. B. Applications for street or path obstructions will be subject to a permit fee and a lane/shoulder/path mitigation fee as established by the transportation and engineering director. Lane/shoulder/path mitigation fees will be charged on a square foot linear foot per day basis for travel and bike lanes, parking lanes, shoulders, paths, and/or sidewalks encumbered by the permittee. Complete closures of streets will be assessed the aforementioned mitigation fees based on the area linear footage of each element of the street from the point of its respective closure to the nearest intersection(s) with an open public street. C. Lane/shoulder/path mitigation fees collected as part of street obstruction permits shall be deposited into the street maintenance fund. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other 167 Ordinance No. 2158, Revision to Obstructing and Encumbering Streets Page 3 of 4 provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. This Ordinance shall be codified as indicated in Section 1. Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 26th day of March 2024. ____________________________________ TERRY CUNNINGHAM Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk 168 Ordinance No. 2158, Revision to Obstructing and Encumbering Streets Page 4 of 4 FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 20__. The effective date of this ordinance is ______________, 20__. _________________________________ TERRY CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 169 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, Final 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:May 7, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Finally 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 District) (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 side and west side of South 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. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds 170 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 10, 2024 171 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 172 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; 173 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 174 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 4 175 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 176 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. 177 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 178 179 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, Final 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 Property is Located on the Northeast Corner of the Intersection of 19th Avenue and Graf Street, Application 23059. MEETING DATE:May 7, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Finally 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 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 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: 001 ZMA Map (1).pdf Ordinance 2160 - SRX (North) ZMA.pdf 180 Report compiled on: April 10, 2024 181 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 182 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 183 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; 184 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” 185 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. 186 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. 187 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 188 Memorandum REPORT TO:City Commission FROM:Nicholas Ross - Director of Transportation and Engineering SUBJECT:Ordinance 2163, Final Adoption, Prohibition of Parking in Bike Lanes MEETING DATE:May 7, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Approve Final Adoption of Ordinance 2163. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Ordinance 2163 will amend Bozeman Municipal Code (BMC) to prohibit parking in designated bicycle lanes and bicycle paths and establish the penalty for violations. The city of Bozeman Parking Division, working under the city of Bozeman Neighborhood Services Division, is authorized to enforce all parking regulations found in Chapter 36 of the BMC. The city of Bozeman Engineering Division is authorized to enforce all street obstruction regulations found in Chapter 34 of the BMC. Chapter 36 of the existing code does not explicitly define the prohibition of parking in bike lanes and bike paths, so while the Parking Division actively enforces all other other parking- related infractions the Engineering Division has the sole authority for enforcement of the blocking of bike lanes as an obstruction to the street. This separate but duplicative authority requires an inefficient use of staff that has led to breakdowns in the enforcement of parking in bike lanes. Therefor, the city seeks to define the prohibition of parking in bike lanes under Chapter 36 so that the Parking Division is given the authority to enforce such infractions. The city of Bozeman's Streets Are For Everyone (SAFE) Plan of 2022 identified increased enforcement of safety-critical transportation infractions as a means of improving street safety. The city's Parking Division has stepped up enforcement of parking-related safety issues such as parking too close to intersections and obstructing safe line of sight. Increased enforcement of parking in bike lanes, which forces vulnerable road users into conflicts with adjacent vehicle traffic, further delivers on this SAFE Plan action item as the city strives to eliminate all fatal and severe crashes on our streets. 189 Enforcement, however, will remain the last option for improvement of this behavior. Staff has made adjustments to both policy and physical design of streets that will serve to decrease and eliminate the opportunity to park in bike lanes by taking the following steps. First, a change in policy has been implemented that now will not allow curbside bike lanes to be planned or permitted along routes with homes or businesses fronting the street. Curb frontage can the the highest-demand space in a city, as numerous different modes of transportation and activities require access to the curb. Placing bike lanes adjacent to the curb in these locations often lead to the unwanted behavior of parking in them. Bike routes in these locations will be planned to be physically separated from traffic such that both bicycle and motor vehicle have unobstructed access. Second, the city is retrofitting existing street sections with curbside bike lanes along Fergusson, N 27th, and S 11th to remove this conflict and reduce the ability to park in the bike facilities along them. Enforcement, as defined in Ordinance 2163, will be required for locations and actions that cannot be designed out of the right of way. The Commission Approved Ordinance 2163 Prohibiting Parking in Bicycle Lanes and Bicycle Paths and Setting Penalties for violation on April 9, 2024. The Commission voted (5:0) to Approve the ordinance. **NOTE** Due to an administrative error in the City Clerks’ Office issuing duplicate Ordinance numbers, this Ordinance was provisionally adopted as 2159 UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:None Attachments: Ordinance_2163_Prohibiting_Parking_in_Bike_Lanes.docx Report compiled on: March 18, 2024 190 ORDINANCE 2163 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO AMEND THE MUNICIPAL CODE TO PROHIBIT PARKING IN BICYCLE LANES AND BICYCLE PATHS AND SET PENALTY FOR VIOLATION IN THE CITY OF BOZEMAN, MONTANA. WHEREAS,the City of Bozeman Parking Division is responsible for the enforcement of parking regulations as outlined in Chapter 36 of Bozeman Municipal Code; WHEREAS,the City of Bozeman Engineering Division has the responsibility of enforcing portions of the code related to obstructing streets (BMC 34.02.040); WHEREAS, the City of Bozeman Streets Are For Everyone (SAFE) Plan of 2022 identified increasing enforcement of safety-critical transportation infractions as a means of improving street safety; WHEREAS, prohibition of parking in bike lanes eliminates safety conflicts caused by blockages of bike lanes that force bicyclists to enter the adjacent vehicle; WHEREAS,the City of Bozeman would like to provide authority under Chapter 36 of the Bozeman Municipal Code for the parking division to issue citations for bike lane obstructions; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section1 Bozeman MunicipalCodeSec36.04.030 isamendedto read: Sec.36.04.030. -Locationswhereprohibited. A.No person shall stop, stand or park a vehicle, except when necessary to avoid conflict withothertrafficorincompliancewithlaworthedirectionsofapoliceofficerortraffic control device, in any of the following places (no signs are required): 1.On a sidewalk; Ord 2163 Page 1 of 5 191 Ordinance No. 2163, Prohibiting Parking in Bicycle Lanes Page 2 of 5 2.In front of a public or private driveway; 3.Within an intersection; 4.Within 15 feet of a fire hydrant, except where parking areas are designated and plainly marked by direction of the director of transportation and engineering; 5.On a crosswalk; 6.Within 20 feet of a crosswalk at an intersection, except where parking areas are designated and plainly marked by direction of the director of transportation and engineering; 7.Within 30 feet upon theapproach to any flashing beacon, stop sign or traffic controlsignallocatedatthesideofaroadway,exceptwhereparkingareasare designated and plainly marked by direction of the director of transportation and engineering; 8.Between a safety zone and the adjacent curb, or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the director of transportation and engineering has indicated a different length by signs or markings; 9.Within50feetofthenearestrailofarailroad crossing,exceptwhereparking areas are designated and plainly marked by direction of the director of transportation and engineering; 10.Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance when properly signposted, except where parking areas are designated and plainly marked by direction of the director of transportation and engineering; 11.Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic; 12.On the roadway side of any vehicle stopped or parked at the edge or curb of a street; 13.Upon any bridge or other elevated structure upon a highway, or within a highway tunnel; 14.Infrontofamailboxorsimilarreceptacleutilizedforcurbsidepostaldelivery, except where such receptacle is solely owned by the person stopping, standing or parking the vehicle; 15.At any place whereofficialsigns or markingsprohibit stoppingorparking; 16.At anyplace wherestreet maintenancesigns orbarricades areposted;. 17.Withinabicyclelaneorbicyclepathdesignatedfortheexclusiveuseofactive transportation modes through striping, pavement markings, and/or signage 192 Ordinance No. 2163, Prohibiting Parking in Bicycle Lanes Page 3 of 5 per the Federal Highway Administration Manual for Uniform Traffic Control Devices and Montana Department of Transportation Traffic Engineering Manual. B.No person shall move a vehicle not lawfully under such person's control into any such prohibited area or away from a curb such distance as is unlawful. Section2 Bozeman MunicipalCodeSections36.04.380isamendedtoread: Sec.36.04.380.Enforcement;penaltyforviolations. A.Fines.A violation of this article shall be punishable by a penalty and the penalties shall be imposed as follows: 1.The minimum penalty for parking in violation of section 36.04.180 shall be a fine of not less than $50.00 or more than $300.00. 2.The minimum penalty for parking in violation of section 36.04.260.E and for violation of section 36.04.604.A shall be a fine of not lessthan $30.00 or more than $300.00. 3.The minimum penalty for parking in violation of section36.04.030.A.1—15 The minimum penalty for parking in violation of section 36.04.030.A.1-15 and 36.04.030A.17 shall be a fine of not less than $50.00 or more than $300.00. 4.The minimum penalty for parking in violation of section 36.04.050 shall be a fine of not less than $50.00 or more than $300.00. 5.The minimum penalty for parking in violation of section 36.04.250 shall be a fine of not less than $50.00 or more than $300.00. 6.The minimum penalty for parking in violation of section 36.04.360 shall be a fine of not less than $60.00 or more than $300.00. 7.The minimum penalty for parking in violation of other sections of this articleshall be a fine of not less than $20.00 or more than $300.00. Section3 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 theCityofBozemannotinconflictwiththeprovisionsofthisordinanceshallremaininfullforce and effect. Section4 193 Ordinance No. 2163, Prohibiting Parking in Bicycle Lanes Page 4 of 5 SavingsProvision. 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. Section5 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. Section6 Codification. This Ordinance shall becodifiedas indicated inSection 1 –2 Section7 EffectiveDate. This ordinance shallbe infull force and effectthirty (30)days after final adoption. NOTE: Due to an administrative error in the City Clerks’ Office issuing duplicate Ordinance numbers, this Ordinance was provisionally adopted as 2159 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 9th day of April, 2024. _________________________________ TERRYCUNNINGHAM Mayor 194 Ordinance No. 2163, Prohibiting Parking in Bicycle Lanes Page 5 of 5 ATTEST: MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the of , 20 . The effective date of this ordinance is , 20 . TERRYCUNNINGHAM Mayor ATTEST: MIKE MAAS City Clerk APPROVED AS TOFORM: GREG SULLIVAN CityAttorney 195 Memorandum REPORT TO:City Commission FROM:Josh Waldo, Fire Chief SUBJECT:Bozeman Fire Department 2023 Annual Report MEETING DATE:May 7, 2024 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:Special Presentation STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:This is a special presentation of the Bozeman Fire Department 2023 Annual Report UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Attachments: Bozeman Fire 2023 Annual Report.pdf Report compiled on: April 25, 2024 196 2023ANNUAL REPORT 197 2 MESSAGE FROM FIRE CHIEF JOSH WALDOThe Bozeman Fire Department saw a number of successes and challenges in 2023, but the men and women of the fire department continued to deliver excellent service to our community. The department navigated one of the most difficult staffing challenges in our department’s history, with many members working multiple extra shifts to ensure that fire trucks remained staff and services were delivered without any interruption. The commitment to the community shown by department members during 2023 was inspiring and shows the pride that members take in serving the Bozeman community. While staffing was certainly a challenge, the department continued to persevere with major accomplishments. The department completed its first ever community risk assessment / standards of cover in pursuit of obtaining international accreditation, broke ground on a new Fire Station 2 on the campus of Montana State University, placed two new fire engines in service, and successfully completed two recruit firefighter academies. All of these projects take planning, community support, and countless hours of work by the men and women of the BFD. It is an honor to serve the citizens and visitors of the City of Bozeman. On behalf of the men and women of the Bozeman Fire Department, I am happy to present you with our 2023 Annual Report.Yours in service, Joshua L. WaldoJoshua L. Waldo, CFO, EFOFire Chief BOZEMAN FIRE DEPARTMENT WELCOME 198 2023 ANNUAL REPORT 3TABLE OF CONTENTS WELCOME ................................................................................................................................................2Message from Fire Chief Waldo ...................................................................................................................2 WHO WE ARE ..........................................................................................................................................4Organizational Chart ........................................................................................................................................4Mission & Vision ................................................................................................................................................5 EMERGENCY RESPONSE OVERVIEW................................................................................................6Incident Numbers ..............................................................................................................................................6Response Breakdown ......................................................................................................................................6Responses Per Apparatus ..............................................................................................................................7 Overlapping Incidents .....................................................................................................................................7Heat Map Showing Call Distribution .........................................................................................................7 Calls for Service by Day of the Week .........................................................................................................8Calls of Service by Hour of the Day ............................................................................................................8Response Times .................................................................................................................................................9 NOTABLE ACCOMPLISHMENTS ......................................................................................................10Launched Pulsepoint Cardiac Arrest App in Gallatin County ......................................................10Broke Ground on Fire Station 2 on Montana State University Campus ..................................10Brought a Public Fireworks Display Back to the City of Bozeman ............................................11Took Delivery of Two New Fire Engines ..........................................................................................................11Published Community Risk Assessment / Standards of Cover Development ......................12Graduated Two Firefighter Recruit Academies .................................................................................13Maintained an Insurance Service Officer (ISO) Rating of Class 2 ..............................................13Received a Station Design Award for the Bozeman Public Safety Center ..............................13 TRAINING & PROFESSIONAL DEVELOPMENT ...........................................................................14Total Training Hours .....................................................................................................................................14 FIRE PREVENTION / COMMUNITY RISK REDUCTION ............................................................15 FIRE PROTECTION MASTER PLAN UPDATE ...............................................................................16Phase I — Immediate ....................................................................................................................................16 Phase II — Short Term .................................................................................................................................18Phase III — Long Term .................................................................................................................................19 PERSONNEL CHANGES ......................................................................................................................20 FACILITIES ............................................................................................................................................22 199 4 The Bozeman Fire Department is comprised of 52 sworn members and 1 civilian position, who provide the following services to the community: WHO WE ARE •Fire Suppression•Emergency Medical Services•Hazardous Materials Response•Technical Rescue Response(confined space, trench, rope, ice, andcollapse)•Wildland Fire Response •Fire Protection Systems Plans Review•Car Seat Check and Installation•Fire Inspection•Fire Investigation•Public Education•Emergency Planning and Preparedness WHO WE ARE ORGANIZATIONAL CHART 200 2023 ANNUAL REPORT 5 MISSION Problem solving through professionalism and compassionate service since 1884 VISION We will provide exceptional service as a unified team to promote a professional department that grows with the community 201 TOTAL RUNS: 4,923 6 1000 2000 3000 4000 5000 6000 2021 2022 2023 Total Apparatus Runs Total Calls Overlapping Calls 5263 4621 2409 5037 4347 2141 4923 4189 1566 RESPONSE BREAKDOWN INCIDENT NUMBERS EMERGENCY RESPONSE OVERVIEWWhen a call is received by the Gallatin County 911 Center that requires the response of the Bozeman Fire Department, an event is created in the system. While each call can generate a different number of needed apparatus / units, the numbers below reflect the total number of events that BFD responded to over the last three years. The decline in call volume over the last three years is a direct result of the department’s implementation of the Emergency Medical Dispatch (EMD) protocols. EMD which utilizes national standards and best practices to screen calls and send only ambulances to low acuity calls, leaving fire trucks available for more high acuity calls. The first full year that BFD used these EMD protocols was 2023, which will likely be the last year that the department expects to see a decline in call volume. EMD was the only remaining step the department has implemented in an attempt to manage call volume growth. Had BFD not implemented the EMD protocols the department call volume was expected to have exceeded 6,000 for 2023. Fire (2%) Vehicle Accidents (8%) Good Intent Calls (13%) EMS (46%) Service Calls (8%) Hazardous Condition (9%) False Calls (14%) 202 0 500 1000 1500 2000 Engine 1 Engine 2 Truck 3 Medic 1 Medic 2 Battalion 1 1583 1433 994 179 138 325 2023 ANNUAL REPORT Heat map showing call distribution for 2023 7 OVERLAPPING INCIDENTS 2023 — 1,566 (39%) 2022 — 1,965 (42%) 2021 — 2,141 (49%)Overlapping incidents occur when the department has more than one incident response at the same time. This is an important data point to track as some incidents require more than one fire department unit to respond. Having two or more calls overlapping at the same time can result in a situation where not enough units are available for response or units experience extended response times as they are responding across town to cover additional calls. RESPONSES PER APPARATUS Does not include all apparatus, only the primary in service units.When a request for fire department response is made, an incident is created in the computer aided dispatch (CAD) system. Depending on the type of incident, the number of fire department apparatus / units that respond will vary. Incidents are different from runs, as each incident can create a number of different run totals. For most EMS type events, a single apparatus would run the incident, whereas a fire event at a nursing home would trigger three fire apparatus to run on the incident. It is important to track the total number of runs that a department makes, as it is a more accurate reflection of the workload on the emergency response system. The fire department has made multiple adjustments in our deployment plans to ensure response to incidents is in line with industry standards and best practices. Below are the total number of runs each primary unit made in 2023. 203 8 0 100 200 300 400 500 600 700 800 526 626 588542 653 685 569 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 0 50 100 150 200 250 300 00:00 - 00:5901:00 - 01:5902:00 - 02:5903:00 - 03:5904:00 - 04:5905:00 - 05:5906:00 - 06:5907:00 - 07:5908:00 - 08:5909:00 - 09:5910:00 - 10:5911:00 - 11:5912:00 - 12:5913:00 - 13:5914:00 - 14:5915:00 - 15:5916:00 - 16:5917:00 - 17:5918:00 - 18:5919:00 - 19:5920:00 - 20:5921:00 - 21:5922:00 - 22:5923:00 - 23:59139 117 95 73 66 67 87 139 194 206 237 222 249 210 231 241 238 254 204 251 197193 132 146 CALLS FOR SERVICE BY DAY OF THE WEEK CALLS FOR SERVICE BY HOUR OF THE DAY 204 2023 ANNUAL REPORT 2021 & 2022 measured via average 2023 measured at the 90th percentile 9 0 2 4 6 8 10 12 2021 2022 2023 7:58 8:23 10:31 5:52 2:06 2:22 2:52 6:01 7:39 Call Processing Time Turnout & Response Time Call Processing Standard = 1 minute Turnout & Response Time Standard = 5 minutes 0 2 4 6 8 10 12 2021 2022 2023 7:58 8:23 10:31 5:52 2:06 2:22 2:52 6:01 7:39 Call Processing Time Turnout & Response Time Call Processing Standard = 1 minute Turnout & Response Time Standard = 5 minutes RESPONSE TIMESAn emergency response can be broken down into numerous segments or intervals of an event. To measure emergency response times, the fire department uses two standards from the National Fire Protection Association (NFPA) for benchmarking and evaluating emergency response times. • NFPA 1221, 2019 Edition: Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems•NFPA 1710, 2020 Edition: Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire DepartmentsThese two standards allow the fire department to measure the time from a call being answered by the 911 center until a fire department unit arrives on scene to provide service. To measure ourperformance, the department evaluates the following time intervals of an emergency call. Alarm Processing Time: The time interval from when the alarm is acknowledged at the communication center until response information begins to be transmitted via voice or electronic means to emergency response facilities and emergency response units. Turnout Time: The time interval that begins when the emergency response facilities and emergency response units notification process begins by either an audible alarm or visual annunciation or both and ends at the beginning point of travel time. Travel Time: The time interval that begins when a unit is enroute to the emergency incident and ends when the unit arrives at the scene. 205 10 LAUNCHED PULSEPOINT CARDIAC ARREST APP IN GALLATIN COUNTYBozeman Fire partnered with fire departments from across Gallatin County and the Gallatin County 911 Center to launch the Pulsepoint Cardiac Arrest App. Pulsepoint empowers everyday citizens to provide life-saving assistance to victims of sudden cardiac arrest. Pulsepoint also helps locate nearby AEDs that can be used during a cardiac arrest event. The app is free to all citizens of Gallatin County and can be downloaded by visiting the following address, https://www.pulsepoint.org/download BROKE GROUND ON FIRE STATION 2 ON MONTANA STATE UNIVERSITY CAMPUSAfter receiving voter approval in the fall of 2021 and spending 2022 planning and designing the new fire station 2, ground was broken on Montana State University campus in April for the relocation of Fire Station 2. The station will replace the old Fire Station 2 constructed in 1974 that is currently located on S. 19th Ave. The new station is slated to open in the Summer of 2024 and will offer some much need safety and health improvements for firefighters while giving the department some additional space for apparatus and equipment.. NOTABLE ACCOMPLISHMENTS 206 2023 ANNUAL REPORT 11 TOOK DELIVERY OF TWO NEW FIRE ENGINES BROUGHT A PUBLIC FIREWORKS DISPLAY BACK TO THE CITY OF BOZEMAN The City of Bozeman had not seen a public firework display since 2019 and the City of Bozeman itself had never managed or hosted a firework show, but that changed in 2023. In partnership with several community partners and other city departments, BFD coordinated a public fireworks display on July 4th for the community. In September of 2023, BFD took delivery of two new fire engines from the Sutphen Corporation. These two new engines, ordered in 2021, replaced two existing fire engines that were 11 and 12 years old. The new fire engines are shorter, have numerous technology upgrades, and safety improvements that allow firefighters to continue to provide excellent service to the community. 207 12 PUBLISHED COMMUNITY RISK ASSESSMENT / STANDARDS OF COVER DOCUMENT The department took a huge step in its pursuit of fire department accreditation by completing the process of developing a Community Risk Assessment / Standards of Cover (CRA/SOC) with the Center for Public Safety Excellence (CPSE). The CRA / SOC is the second step in the accreditation process and brings the department closer to international accreditation. The final CRA/SOC can be viewed here. 208 2023 ANNUAL REPORT 13GRADUATED TWO FIREFIGHTER RECRUIT ACADEMIES The department continued it’s string of successful firefighter recruit academies with classes 23-1 and 23-2 graduating in 2023, which included 11Bozeman firefighters. The joint recruit academies, in partnership with Big Sky Fire and Central Valley Fire, are continuing to produce highly trained and skilled entry level firefighters. These academies maximize resources of multiple departments across Gallatin County. MAINTAINED AN INSURANCE SERVICE OFFICER (ISO) RATING OF CLASS 2The fire department maintained its' Class 2 rating from ISO after completing an audit in July. The ISO audit reviewed the operations of the 911 Center, the water system in the city, and fire department operations, staffing, training, and deployment of resources. The department first obtained a class 2 rating in 2017 and will maintain that rating moving forward. The ISO rating drives insurance rates issued to both commercial and residential properties within the city limits. ISO currently has issued ratings to 38,195 fire departments in the country, with only 2,502 (7%), having a class 2 or better rating. RECEIVED A STATION DESIGN AWARD FOR THE BOZEMAN PUBLIC SAFETY CENTER. Firehouse Magazine announced the winners of its 10th annual Station Design Awards program, which recognizes outstanding architecture and design of fire departments and emergency facilities nationwide. Gold, Silver, and Bronze awards were issued across seven categories of facilities in this prestigious competition: Career 1 and 2, Satellite, Volunteer/Combination, Shared, Public Safety Training, and Renovation. The Bozeman Public Safety Center was presented the Gold award for shared facilities. You can view the article about the BPSC. by clicking here. 209 14 2021 2022 20230 50 100 150 200 250 300 350 400 293 286 392 The Bozeman Fire Department strives to ensure that its members are trained to meet or exceed consensus national standards and best practices. In 2023, the department logged 18,030 hours of training total, or 392 hours per member. The 18,030 hours exceed the required minimums set by the Insurance Service Office and the National Fire Protection Association by 6,990 hours. The department continues to pursue professional certifications and credentials for our members and currently has 10 members who hold professional designations via the Center for Public Safety Excellence. The department’s goal is to ensure that each member receives 240 hours of training per calendar year to meet the requirements of the Insurance Service Office (ISO) and the National Fire Protection Association (NFPA). TRAINING & PROFESSIONAL DEVELOPMENT TOTAL TRAINING HOURS Training Hours Per Firefighter National Standard (240 Hours) 210 2023 ANNUAL REPORT 15 The Bozeman Fire Department fire prevention and community risk reduction division provides services such as plans review, inspections, fire investigation, public fire education, car seat installation, and many other public programs. The fire department prevention and risk reduction programs are under the supervision of the Deputy Chief – Fire Marshal, who is assisted by three full-time fire inspectors and support from firefighters assigned to emergency response. The department conducts plans review of all new commercial buildings constructed in the city and completes on-site inspections of these buildings to ensure code compliance during construction. NUMBER OF PLANS REVIEWED 2021: 1,018 2022: 1,362 2023: 1,990 NUMBER OF INSPECTIONS COMPLETED 2021: 4,281 2022: 4,575 2023: 5,663 FIRE PREVENTION /COMMUNITY RISK REDUCTION 211 PHASE I — IMMEDIATE (Within 6 months of plan adoption) 16 The Fire Protection Master Plan was updated in 2017 by the Center for Public Safety Management. The plan resulted in 42 recommendations that were broken down into 3 phases for implementation. An implementation guide was created from the master plan to provide quick reference to recommendations from the plan. The boxes at right show the status of recommendations from the master plan. During the remaining term of the current labor agreement, the city and the fire union should consider an amendment or side agreement that formalizes the Kelly Day arrangement. (Recommendation 1, p.9) In future negotiations with the IAFF, the city should pursue the elimination of the Kelly Day and move to a 56-hour workweek for all line fire personnel. (Recommendation 2, p.9) Bozeman should review its interpretation of “in paid status” when considering overtime eligibility for 53-hour fire personnel and consider the exclusion of any leave time as hours worked when calculating overtime eligibility. (Recommendation 3, p.12) BFD should consider the expansion of program management duties for field personnel and utilize these assignments for career development and consideration in promotional testing. (Recommendation 4, p.13) BFD should institute a periodic meeting forum (weekly/monthly/quarterly) to discuss departmental initiatives and new directives. The forum should include all on-duty members of the organization and chief officers and should be conducted through an internet based conference calling or video conferencing application. (Recommendation 5, p.14) BFD should improve and expand the use of the employee performance appraisal process in the career development of all personnel. (Recommendation 7, p.15) BFD should work with the city’s Human Resources office to institute periodic and post-accident drug testing for all fire personnel. (Recommendation 8, p.15) The City should consider a restructuring of supplemental pay for EMT-Basic, EMT-Advanced, and Paramedic in future negotiations with the IAFF Local 613. (Recommendation 9, p.54) GREEN Complete YELLOW In Progress WHITE Not Started FIRE PROTECTION MASTERPLAN UPDATE 212 2023 ANNUAL REPORT 17 Bozeman should consider the relocation of Fire Stations 1 and 2 to address the significant structural and design issues related to these aging structures and to better position these resources to serve the burgeoning growth that is occurring in the southwestern areas of the city. (Recommendation 12, p.18) The Bozeman Fire Department should continue its efforts to implement a prefire planning process for all target hazards and ensure these documents are stored in the onboard mobile data terminals (MDTs) for ease of accessibility by company and chief officers during a response. (Recommendation 19, p.42) BFD should work with the 911 dispatch center to develop a monthly report that identifies the distribution of emergency and nonemergency response activities for both fire and EMS responses. (Recommendation 25, p.51) BFD should continue to work with the 911 Dispatch Center to implement a pre-alerting system for fire and EMS notifications. (Recommendation 28, p.67) BFD and the 911 Dispatch Center should work cooperatively on efforts to improve dispatch handling and turnout times for emergency responses. (Recommendation 29, p.74) The 911 dispatch center should institute a regular program that tests the transfer of its operations to its alternate 911 center located within the City/County Emergency Coordination Center. (Recommendation 31, p.91) BFD should pursue, through its contractual arrangement with AMR, expanded joint training activities and cooperative purchasing agreements for medical equipment. (Recommendation 33, p.55) The Fire and Building Departments should re-assess their coordination of work assignments of the two Building Fire Life Safety Specialists to insure the clarity of direction and prioritization of assignments. (Recommendation 34, p.80) The BFD should establish a training steering committee composed of Battalion Chiefs, Captains, Drivers, Firefighters, and EMS staff to conduct a training needs assessment, develop priorities, and provide direction regarding the training efforts of the department. (Recommendation 38, p.85) BFD should consider assigning a designated rank to the Training Officer that is consistent with the authority and duties assigned to this position. (Recommendation 39, p.85) BFD should designate a Fire Captain on each shift to serve as the shift training coordinator to help facilitate in-service training activities, both for fire and EMS. (Recommendation 41, p.86) BFD should continue in its effort to institute online training software to assist in the coordination and monitoring its training efforts. (Recommendation 42, p.86) 213 PHASE II — SHORT TERM (Within 6–18 months of plan adoption) 18 Bozeman should establish a practice that institutes the regular scheduling of promotional testing processes for Driver Engineer and Captain. (Recommendation 6, p.14) BFD should implement a series of performance measures that enable ongoing review of service outcomes. The process of developing these measures should utilize input from BFD members, the community, the Mayor and City Commission, and city administration. (Recommendation 10, p.77) The City should officially designate an alternative Emergency Management Director and ensure that this individual is fully trained and well versed in the duties of the Emergency Management Director. (Recommendation 11, p.88) The City and Montana State University should explore the option for a joint fire station / training facility on the university campus. (Recommendation 14, p.29) The City should adopt a fire apparatus replacement schedule that includes an evaluation process that takes into account vehicle age, miles/hours of usage, maintenance records, and historical repair costs. (Recommendation 15, p.32) The Bozeman-Gallatin County Emergency Management Plan should include department and agency critical action checklists. (Recommendation 21, p.88) The Bozeman-Gallatin County Emergency Manager should lead an effort for every city and county department to develop a Continuity of Operations Plan (COOP). (Recommendation 22, p.88) BFD should expand the effectiveness of its interagency cooperation with mutual aid partners through increased joint training activities, annual multi-agency drills, and move-up operations. (Recommendation 23, p.45) BFD should work with the 911 dispatch center and the EMS ambulance provider to develop methodologies that improve the call screening process in order to alter response patterns when calls are determined to be minor or nonemergency. (Recommendation 24, p.50) BFD and AMR should evaluate options for jointly staffing a peak-period ambulance squad to supplement both the city’s and AMR’s current deployment of resources. (Recommendation 26, p.55) The 911 Dispatch Center should adopt dispatching performance measures and these should be reported to both fire and city administration on a monthly basis. (Recommendation 32, p.91) BFD should expand the fire loss determination and damage assessment training for its company officers and fire investigators. (Recommendation 37, p.83) The Bozeman Fire Department should institute written and practical skills testing as part of the department’s comprehensive fire training program. (Recommendation 40, p.86) 214 2023 ANNUAL REPORT PHASE III — LONG TERM (Within 2–5 years of plan adoption) 19 Relocate Station 1 north to N. Rouse Ave. and E. Oak St. (Recommendation 13, p.26) BFD should consider the assignment of vehicle apparatus maintenance and recordkeeping to an existing Driver Engineer as a project management assignment. (Recommendation 16, p.34) BFD should consider the relocation of its fire training structure to a more appropriate location and a possible colocation at a fire station site. (Recommendation 17, p.87) Continue to use the VISION product to conduct a community risk assessment and analyze/utilize the results in the planning of fire station locations, apparatus needs, and staffing requirements. (Recommendation 18, p.38) Bozeman should pursue CPSE fire accreditation in the future. (Recommendation 20, p.42) BFD should move to a permanent cross-staffing model for the operation of its ladder truck with the AMR medic unit assigned to Station 3. (Recommendation 27, p.58) The City of Bozeman should work through the 911 Dispatching Cooperative to take the steps necessary to ensure that the 911 Dispatch Center operates with a dedicated 911 Call Taker. (Recommendation 30, p.90) BFD should develop an integrated risk management plan that focuses on structure fires throughout the community. (Recommendation 35, p.49) The City should redesign and update the business licensing system so that information regarding each occupancy is correctly listed and retrievable through this data base. (Recommendation 36, p.80) 215 20 RETIREESCaptain: Chris Dubay PROMOTIONSCaptain: Levi ShugartEngineer: Brian RudgeEngineer: Craig Moline NEW HIRESFirefighter / Paramedic: Connor HaworthFirefighter / EMT: Bretton GilbertFirefighter / EMT: Stokes RobertsonFirefighter / EMT: Cody OkrayFirefighter / EMT: Clay OwensFirefighter / Paramedic: Brett GarberFirefighter / EMT: Adam BrodinFirefighter / EMT: David CurtissFirefighter / EMT: Becca DorseyFirefighter / EMT: Chase GirdnerFirefighter / EMT: Rick Hutton PERSONNELONNEL CHANGES CHANGES 216 2023 ANNUAL REPORT 217 22 COMING SOON Montana State University FACILITIES 218 23 STATION 2 410 S. 19th Ave. STATION 1 300 E. Oak St. STATION 3 1705 Vaquero Pkway. 219 300 E. Oak St.Bozeman, MT 59715(406) 582-2350 220 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist Brit Fontenot, Economic Development Director SUBJECT:Cooperative Holistic Innovative Local Design (CHILD) Task Force Strategic Plan for Child Care in Gallatin County Special Presentation MEETING DATE:May 7, 2024 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Special Presentation STRATEGIC PLAN:2.3 Workforce Development: Support education and workforce development initiatives to improve the skills of our citizens. BACKGROUND:In April 2018, the Bozeman City Commission adopted a Strategic Plan for the City of Bozeman via Resolution 4852. With a vision for Bozeman to remain a safe, inclusive community, fostering civic engagement and creativity, with a thriving diversified economy, a strong environmental ethic, and a high quality of life as our community grows and changes, the Bozeman Strategic Plan includes vision statements and corresponding actions for staff. Vision Statement 2 calls for a diversified and innovative economy leveraging our natural amenities, skilled and creative people, and educational resources to generate economic opportunities through business growth, infrastructure investments, and workforce development. Lack of access to affordable child care in Montana is a barrier to business growth and workforce development. A 2020 Child Care Report (attached) by Montana Department of Labor and Industry and the Federal Reserve Bank of Minneapolis highlighted the challenges lack of child care poses to businesses. 30% of Montana businesses noted inadequate child care prevented their company from growing. Licensed child care in Gallatin county only meets about 48% of the need. Per U.S. Census in 2023, the average cost of child care in Gallatin County for children under the age of five is $18,940 annually. Montana State University Tuition in 2023 was $8,082. The high cost and limited availability of child care is driving parents out of the workforce. The Bozeman Economic Vitality Strategy, adopted by the City Commission in 2023, highlights the economic barriers caused by a child care shortage in our region. Objective 1.2 (b) in the Bozeman Economic Vitality Strategy calls for elevating the issue of child care as critical infrastructure for workforce development. 221 In 2021, organizations from across Gallatin County came together to form the CHILD Task Force: Cooperative, Holistic, Innovative, Local, Design. In 2023, the CHILD Task Force led and facilitated the development of a strategic plan for child care in the region. This special presentation will highlight the strategic plan and the CHILD task force. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Attachments: Child Task Force Strategic Plan 2024.pdf MT Dept. of Labor & Industry - Impacts of Child Care on MT Workforce.pdf 2021-CCC-Gallatin-Child-Care-Fact-Sheet-5.26.2021 (1).pdf Report compiled on: April 26, 2024 222 CHILD Task Force Strategic Plan for Child Care in Gallatin County 223 02 Table of Contents CURRENT STATE OF CHILD CARE IN GALLATIN COUNTY07 VISION-GOALS-OBJECTIVES43 STRATEGIC DIRECTION and ACTION PLAN44 EVALUATION FRAMEWORK49 EXECUTIVE SUMMARY04 22 CASE STUDIES: ALTERNATIVE CHILD CARE MODELS 224 03 A CLOSER LOOK AT BELGRADE A CLOSER LOOK AT BIG SKY A CLOSER LOOK AT BOZEMAN A CLOSER LOOK AT FOUR CORNERS A CLOSER LOOK AT GALLATIN GATEWAY A CLOSER LOOK AT MANHATTAN - AMSTERDAM - CHURCHILL A CLOSER LOOK AT THREE FORKS - WILLOW CREEK A CLOSER LOOK AT WEST YELLOWSTONE CHILD CARE WORKFORCE DATA FOR GALLATIN COUNTY CHILD TASK FORCE MEMBERS CHILD TASK FORCE VISIONING SESSION: SURVEY FEEDBACK CHILD TASK FORCE VISIONING SESSION: PREP WORK + AGENDA CHILD TASK FORCE VISIONING SESSION: SUMMARY COMMUNITY INPUT: AGENDAS FOR SESSIONS COMMUNITY INPUT: SURVEY ANALYSIS INCLUSIONS OF CHILD CARE IN AREA PLANS LARGEST EMPLOYERS IN GALLATIN COUNTY LICENSED CHILD CARE PROVIDER DATA FOR GALLATIN COUNTY LIST OF CHILD CARE ORGANIZATIONS + PROGRAMS METHODOLOGY + COMMUNITY INPUT PROCESS TYPES OF CHILD CARE IN MONTANA OTHER RESOURCES165 BIG SKY CHILD CARE REPORT - 10.03.23 CCAMPISabstract CHILD TASK FORCE: EMPLOYER SUPPORTED CHILD CARE TOOLKIT DPHHS: MONTANA CHILD CARE DATA - 11.03.23 NAEYC: REPORT FOR MONTANA - 02.24 APPENDIXES 59 225 Executive Summary In 2021, organizations and entities across Gallatin County and beyond came together to form the CHILD Task Force: Cooperative, Holistic, Innovative, Local, Design. Since then, the informal group has been working together to support child care and address its challenges, with the overall vision of having accessible, affordable and thriving child care in Gallatin County. Starting in August 2023, the CHILD Task Force led and facilitated the development of a strategic plan for child care in the greater area. This plan includes an in-depth look at the child care landscape, using the readily available data, gathering extensive input from the community, and working with the community and economic development entities, most of whom are active members of the CHILD Task Force. Through the CHILD Task Force visioning session, community input sessions and online survey, four challenges have been identified: Workforce Retention Affordable and Available Child Care Employer Participation Policies and Subsidies Finding creative ways to address child care challenges has been a nationwide struggle, and Gallatin County is no different. These aren’t easy problems to solve, and there are numerous organizations across the state and the county that are working to address them. The strategic plan outlines four priorities as the CHILD Task Force looks to the future: Solutions for Child Care Businesses Child Care Solutions for Families Child Care Solutions for Businesses Policy and Subsidy Solutions 04 226 As we focus on these priorities, it’s important to first highlight three key learnings that were solidified through the development of the strategic plan. Key Learning #1: Need for Better Data The strategic plan was developed based on community input and community-wide data that’s currently available. However, after thoroughly reviewing all of the existing data, it’s evident that additional data and analysis is still needed to thoroughly identify community needs, including understanding the existing and projected demands for child care throughout each community in Gallatin County. With these additional data-driven insights, the CHILD Task Force will be able to fine tune its strategic plan and prioritize its efforts, building upon the work that’s already been done to develop the strategic plan and prioritizing its actions based on what is known vs. what is assumed. Although data is available at the county-level, Gallatin County has several distinct and isolated smaller communities. It takes 2+ hours to drive from the south end of the county to the more populated areas, and many of the small towns are 40+ miles from Bozeman, the largest town and county seat. Each of these communities has unique challenges and idiosyncrasies, and the existing data of what the demand for child care in each is not truly understood. Anecdotally, during the 8+ community input sessions that were held during the strategic planning process, many families shared that they are “figuring out” child care as the existing options don’t meet their needs. Key Learning #2: Need for Increased Capacity The CHILD Task Force needs ongoing, long-term support to expand its current capacity and ensure the success of its work. Child Care Connections has been leading the charge with this partnership, but it does not have the capacity to continue to make this partnership actionable without expanding its team. Ideally, there would be one person 100% responsible for its success and dedicated to implementing the action items outlined in the strategic plan, facilitating the partnership and collaborating with all of the entities who are working towards understanding and solving the current child care challenges. 05 227 Key Learning #3: Need for Evolving Action Plans Going hand in hand with the first two key learnings is the need to have this strategic plan be continually updated with new data, insights and actions as more information becomes available and as the demand and supply for child care in Gallatin County evolves. With so much happening, it’s critical for the CHILD Task Force to keep an ongoing eye on what others across the county, state and region are being able to accomplish, plus what are the latest data and trends within Gallatin County. These evolving insights will enable the CHILD Task Force to effectively and efficiently support and collaborate with child care businesses, families, employers as well as community leaders. Addressing these key learnings will help the CHILD Task Force achieve the three goals outlined in the strategic plan: Address the most pressing child care challenges in Gallatin County Enhance collaboration among all those involved and impacted by child care Support, complement and expand upon what currently exists The CHILD Task Force’s best strategy is to continue to learn what others are doing, determine whether those successes are applicable to its constituency and then take decisive actions. 06 228 What’s the current state of child care in Gallatin County? What resources do we have? What child care assets currently exist in Gallatin County? What are the existing challenges? What information currently exists about the estimated demands for child care? What’s happening in each of the Gallatin County communities? CURRENT STATE OF CHILD CARE IN GALLATIN COUNTY 07 OVERVIEW: CHALLENGES + OPPORTUNITIES Child care is being hit with the same challenges being experienced throughout Gallatin County: high cost of living; lack of affordable housing; and lack of workers. The CHILD Task Force’s community input sessions and online survey highlighted these themes throughout this project. It’s also important to point out that child care could also be helping to address some of the county’s most pressing challenges by allowing more parents to enter the workforce and help build a stronger economy, if it can be accessible, affordable and thriving. 229 08 AN EVOLVING COMMUNITY OF RESOURCES + ASSETS Although it isn’t currently possible to capture a complete picture of all of the child care providers in Gallatin County, below are maps of the licensed child care providers in each community as of February 2024. One of the newest licensed providers is in Gallatin Gateway, a location that did not have a licensed child care provider at the start of this project. MAPS OF LICENSED CHILD CARE PROVIDERS IN GALLATIN COUNTY 230 09 The CHILD Task Force has already developed multiple, important tools to support accessible, affordable and thriving child care in Gallatin County, including: CHILD CARE WORKFORCE Salary study Professionalizing the field Supports for people entering the workforce FINANCIAL Financial model for child care businesses Innovative financial solutions for child care COMMUNITY INITIATIVES Access to training for child care providers Breaking down child care barriers Shared services for providers BUSINESS SUPPORTS Surveying employers/ employees about child care needs Employer supported tiered implementation FOUR MAJOR CHALLENGES During the CHILD Task Force visioning session, four major challenges were identified. WORKFORCE RETENTION AFFORDABLE AND AVAILABLE CHILD CARE EMPLOYER PARTICIPATION POLICIES AND SUBSIDIES 231 WORKFORCE RETENTION Workforce retention has been an ongoing challenge for the child care industry throughout the nation, and Montana is no exception. Child care workers face multiple challenges, as illustrated below. The hourly wage for an early childhood assistant teacher in Gallatin County, as compiled by the Montana Early Childhood Project, is $16.90. 10 CHILD CARE WORKERS + THEIR CHALLENGES Data provided by the Montana Department of Labor and Industry (MTDLI) shows that early childhood educators are one of the most in-demand occupations in Montana. As noted by DPHHS in its November 2023 Child Care Workforce Narrative, “The Child Care Licensing Program received a total of 2,971 new staff hire applications, an average of 229 per month in 2022. As of January 2023, there were 5,305 active staff members in licensed child care facilities. The 2022 new staff hire applications represent 56% of that total. As shown in the MTDLI 2022-2032 Occupational Employment Projections, child care workers experience higher rates of turnover and labor force exits than the average occupation in Montana.” 232 11 Statewide efforts are underway to address these workforce retention challenges. As outlined by DPHHS in its November 2023 report, work being done by the Montana Early Childhood Project, Higher Education Consortium, DPHHS and Head Start includes: Recognizing a larger array of existing education, training, experience and licensure among child care workers Creating pathways and providing incentives to allow motivated child care workers to quickly move up the levels in the state workforce registry Building a workforce pipeline by recruiting current and former parents As of October 2022, over one-third of Head Start and Early Head Start staff in the state of Montana were parents who currently or previously had children attend a Head Start or Early Head Start program. Additionally, Head Start/Early Head Start programs have been using state and federal resources to increase staff compensation through Federal Office of Head Start initiatives. Head Start’s efforts may be already having an impact at the local level. As shared by the Gallatin County Head Start program, their program had only two out of 30 education and child development staff leave during the 2022-2023 year, both of which were replaced. As of February 2024, the Montana Early Childhood Project is planning to include incentives for professional development in the Montana Bright Futures Birth to Five (BF B-5) funding but nothing has been set in stone yet. The state is looking to create badges for professional development for child care providers, and the incentives will most likely be attached to this. The plan is expected to be confirmed by June 2024. LACK OF AFFORDABLE CARE According to the Child Care Workforce Narrative, distributed in November 2023 by DPHHS, “Montana households averaged $18,940 in child care expenses for children under age five in 2023.” Taking a closer look at Gallatin County, using Gallatin County median household income and the state’s average for child care expenses, it’s estimated that Gallatin County families are spending 23% of their household income on child care. Yet, the U.S. Department of Health and Human Services states that child care is considered affordable when it takes up 7% or less of a household income. The average cost for child care expenses is more than double a year’s tuition at Montana State University and equals more than the median housing costs for renters in Gallatin County. 233 12 LACK OF AVAILABLE CARE The DPHHS’s November 2023 narrative reports: “Licensed child care capacity meets only 50% of the estimated demand for children up to age 6 and 42% of the estimated demand for children under age 2. These calculations are based on 2017-2021 ACS 5-Year Estimates and average licensed child care capacity in July 2022.” According to the November 2023 report, this information is based on: “MTDLI analysis of DPHHS Child Care Under the Big Sky (CCUBS) licensed child care capacity and licensed infant care capacity in 2022; 2017-2021 ACS 5-Year estimates; and National Vital Statistics System (NVSS) county population estimates. Children with working parents are defined as children living in a home where all available parents are participating in the labor market.” The 2023 Montana Child Care Market Rate Survey report, conducted by DPHHS and Montana State University Extension, shares: “The number of children on full-time waiting lists in both home- and center-based programs suggests that the demand exceeds the supply, especially for infant and toddler care. Fifty percent of home-based providers and 65% of center-based providers have waiting lists for full-time children. One limitation to this assessment is that a child may be on a waiting list for one program while enrolled in another program and a child may be on several waiting lists in a community.” COSTS IN MONTANA AND GALLATIN COUNTY Gallatin County Median Household Income (2022)$83,434 Tuition at Montana State University (2023-2024)$8,082 Gallatin County Median Housing Costs (2022)HomeownersRenters $24,768 $16,860 Montana Average Child Care Expenses: Under Age of 5 (2023)$18,940 (23% of HHI) Sources: U.S. Census, ACS 5-Year Estimates, S2503, DP04 http://catalog.montana.edu/expenses/ https://www.govinfo.gov/content/pkg/FR-2016-09-30/pdf/2016-22986.pdf Annual child care expenditures estimated based on weekly child care costs reported by the U.S. Census Household Pulse Survey from January to May 2023. 234 It also should be noted that it’s hard to assess the true demand for child care as some families shared in the community input sessions that they are “figuring it out” and “making things work”, relying on family, friends and non-traditional arrangements to get child care coverage. This type of child care is typically not licensed; thus the true numbers of families in need and the exact number of providers offering care is unknown. EMPLOYER PARTICIPATION The CHILD Task Force has conducted initial outreach to increase interest and participation by additional Gallatin County area employers to help address child care challenges. However, overall feedback is that employers want to see a financial model of how offering onsite and/or slot care impacts their business. The CHILD Task Force conducted an online survey in late 2023 as part of the strategic planning process. The majority of employed parents were interested in accessing employer supported child care. Although it wasn’t the right fit for everyone, there were also employers who were interested in offering employer supported child care. POLICIES AND SUBSIDIES Multiple organizations are working on streamlining and updating policies and subsidies that impact child care. Efforts include the Child Care Licensing Project to streamline licensing regulations and processes. In addition, addressing child care is a part of the City of Bozeman’s Economic Vitality Strategy and its new Belonging in Bozeman Equity and Inclusion plan as well as the Big Sky Resort Area District’s Big Sky Community Capital Improvement Plan. There is also new legislation that was passed, House Bill 352 (HB352) - Targeted Early Literacy Intervention, that will help expand opportunities for offering Pre-K within the public schools. As of February 2024, the Bozeman School Board has voted to expand its existing programming, starting in the summer of 2024. This is an important and exciting next step for offering more structure for three-year-olds and four-year-olds. In addition, House Bill 648 (HB 648) was passed to support the Best Beginnings child care subsidy program which provides scholarships to low-income families who receive child care. Primarily sponsored by Alice Buckley, a Montana House representative from Bozeman, this bill set the new income eligibility level for Best Beginnings scholarships at no less than 185% of the federal poverty level. It also set a copayment requirement not to exceed 9% of the household income for eligible families. In addition, this bill provided reimbursement to child care providers based on enrollment versus attendance.13 235 DPHHS and Montana State University Extension published their 2023 Montana Child Care Market Rate Study in January 2024, offering new insights into child care rates from across the state. Although not a surprise, the study confirmed that tuition rates have increased since 2020. Based on the increase in tuition rates, the reimbursement rates paid by the state to child care providers who care for children receiving Best Beginnings Child Care Scholarships are expected to go up, plus there will be a premium payment for those child care providers who offer care in high growth counties, including Gallatin County. Those new reimbursement rates are expected to go into effect in March 2024. WHAT’S HAPPENING IN GALLATIN COUNTY In the last five years, Gallatin County has continued to see an increase in its population (up 14%) and its median household income (up 23%). The current median age is 33.5, and there are 15% more women who are in their child-bearing years (ages 20-44) living in Gallatin County than there were five years ago. However, total births, based on available data, are only up 3%, and the percentage of the population of children under 5 has decreased from 5.9% in 2018 to 4.92% in 2012. GALLATIN COUNTY (2022 vs. 2018) Population Size 119,685 (up 14%) Median Household Income $83,434 (up 23%) Median Age 33.5 Women in Child-Bearing Years (20-44)23,220 (up 15%) *Women who may also have older children less than 18 years old. Sources: Kids Count Montana, U.S. Census, ACS 5-Year Estimates, B23003, S0101, S2503, S1301 14 236 BIRTHS BY YEAR IN GALLATIN COUNTY Year Total Births 2013 1,133 2014 1,168 2015 1,200 2016 1,254 2017 1,234 2018 1,111 2019 1,134 2020 1,145 2021 1,254 2022 1,143 Source: Kids Count Total full-time kindergarten enrollment in the last 10 years has been relatively steady in Gallatin County, with two exceptions: an increase in the 2016-2017 school year and then a decrease in the 2020-2021 school year. KINDERGARTEN ENROLLMENT IN THE LAST 10 YEARS Total births in Gallatin County had been climbing from 2013-2016, but then took a dip in 2017 and 2018, climbed back to 2016 birth levels by 2021, and then took another dip in 2022. TOTAL BIRTHS IN THE LAST 10 YEARS FULL-TIME KINDERGARTEN ENROLLMENT IN GALLATIN COUNTY School Year Full-Time Kindergarten 2013-2014 1,071 2014-2015 1,056 2015-2016 1,053 2016-2017 1,217 2017-2018 1,053 2018-2019 1,110 2019-2020 1,149 2020-2021 995 2021-2022 1,141 2022-2023 1,130 Source: Montana Office of Public Instruction, GEMS 15 237 The communities within Gallatin County all have one thing in common: a predominantly youthful population. The overall median age of Gallatin County residents is 33.5, with Three Forks having the highest median age of 43.6, and Bozeman having the lowest at 28.2 median age. With many residents in their prime working and child-rearing years, it becomes crucial to address the needs of Gallatin County families as their participation in the workforce is a vital component of the community's economic growth and development. As the community has grown, so has the labor force. However, focusing on women with children, some interesting patterns emerge. In Big Sky and Bozeman, there has been a significant drop in the participation rates of women in the labor force, particularly in the year 2022. This decline is especially noticeable among mothers with more than one child, including at least one child under the age of six as shown in the table and graph below. Although it may look like a typo, Bozeman has seen a decrease from 73.1% of women participating in the labor force to 32.1%. A CLOSER LOOK AT WOMEN IN THE WORKFORCE WOMEN IN THE LABOR FORCE WITH MORE THAN ONE CHILD (2013-2022) Montana Gallatin County Belgrade Big Sky Bozeman 2013 68.5%71.2%68.6%75.9%39.3% 2014 68.2%68.3%56.4%76.2%36.7% 2015 66.8%63.7%42.2%69.5%36.9% 2016 67.5%63.3%43.1%69.2%35.3% 2017 67.1%64.1%46.1%85.1%63.7% 2018 68.2%64.7%51.5%86.4%35.6% 2019 68.7%66.7%52.5%95.3%68.2% 2020 69.4%65.0%49.8%96.6%67.2% 2021 69.2%66.4%55.6%96.8%73.1% 2022 70.4%65.1%59.7%85.8%32.1% Sources: Kids Count, U.S. Census, ACS 5-Year Estimates, B23003 16 238 Sources: Kids Count, U.S. Census, ACS 5-Year Estimates, B23003 For working mothers with only one child, and that child is under six years old, there was also a decrease in labor force participation rates in 2022, although the decline is not as noticeable, as shown in the table below. WOMEN IN THE LABOR FORCE WITH ONLY ONE CHILD UNDER 6+ (2013-2022) Gallatin County Belgrade Big Sky Bozeman 2013 73.0%64.8%74.3%58.3% 2014 72.1%66.7%84.0%59.4% 2015 70.9%51.2%75.9%62.1% 2016 71.8%53.3%86.4%68.6% 2017 71.5%52.4%95.3%68.3% 2018 71.6%70.1%95.1%65.3% 2019 73.2%66.2%93.1%69.2% 2020 74.9%73.0%95.3%70.5% 2021 76.7%79.5%95.6%75.9% 2022 73.9%85.3%80.8%71.3% Sources: Kids Count, U.S. Census, ACS 5-Year Estimates, B23003 17 239 The decline in women's labor force participation rates in Gallatin County as a whole, including Big Sky and Bozeman, especially among mothers with more than one child, prompts further exploration. When examining the data of mothers with only one child under the age of six in the labor force, the decrease in participation rates is less pronounced. This raises the question of whether this variation could be attributed to a shift in the balance between the benefits of working and the costs associated with staying at home to care for children. A possible economic explanation could be that the opportunity cost of pursuing employment has dropped below the threshold where it becomes more economically viable or personally preferable for mothers to remain at home with their children, especially when there's more than one child, and at least one is under the age of six. Interestingly, Belgrade is an interesting deviation from the broader trend happening in Gallatin County. Unlike Big Sky and Bozeman, Belgrade seems to be bucking the trend. What factors in Belgrade might be contributing to this situation? Although this question wasn’t explored in this project, it’s interesting to consider. Also, other communities in Gallatin County were not analyzed as their population size does not provide reliable data. In the analysis of the Big Sky Childcare Study recently conducted by the Northern Rocky Mountain Economic Development District, there was a suggestion that the previous high rates of female labor force participation could be linked to both the local high cost of living and the necessity for dual-parent incomes. Without accessible, affordable, and thriving child care options, mothers may be deciding to leave the workforce, resulting in fewer workers available. Ensuring affordable and accessible child care services looks to be beneficial for families and vital for retaining a solid and productive female workforce in the community. COMMUNITY-BY-COMMUNITY OVERVIEW Below is a community-by-community overview with links to closer looks of each community. BELGRADE Belgrade has similar child care-related challenges like many of the other communities throughout Gallatin County including the high cost of living, the need for better pay and better benefits for the child care workforce as well as a lack of places and land to locate child care programs. The Belgrade School District has explored offering onsite child care but multiple concerns were raised, and employee-reported demand is low at this time. 18 240 BIG SKY The Big Sky Childcare Task Force (BSCTF) recently completed a comprehensive report to assess child care in Big Sky. The Big Sky Childcare Report has been used as a source for insights into what is happening in Big Sky and is included in this strategic plan as an appendix. The Big Sky community benefits several larger employers and from the use of resort tax dollars collected and redistributed to organizations to address gaps and needs, including child care. Big Sky Resort Area District (BSRAD) continually invests in the Big Sky Discovery Academy and Morningstar Learning Center to help close the child care funding gap. However, Morningstar Learning Center, the only licensed child care option available in Big Sky, is challenged by attracting and retaining a child care workforce due to the cost of living and lack of affordable housing. Also, the majority of the workforce commutes to Big Sky, often driving 45-60 minutes. One of the larger employers, the Yellowstone Club, is exploring child care in Gallatin Gateway for Big Sky employees who live in the Gallatin Gateway area. One community input session participant noted that although employer-supported child care may be of interest, there is also concern about being tied to one employer and not being able to switch jobs and that child care solutions outside of employment would be beneficial. BOZEMAN Despite its larger population base, Bozeman is not immune to the child care-related challenges being experienced throughout Gallatin County including the cost of living, affordable housing and continued growth. Bozeman is home to some of the largest employers in the county, two of which are offering child care for their employees (and their student parents): the Bozeman School District through the ABCDino Academy program at the high school; and Montana State University and its two programs, the Child Development Center (CDC) and the Associated Students of Montana State Child Care Center (ASMSU). XY Planning Network, another Bozeman-based employer, offers care at its XY Learning Center. Since 2015, the Bozeman School District has operated two Running Start kindergarten programs targeting the early learning needs of four-year-old students. With the passage of HB352 - Targeted Early Literacy Intervention, the Bozeman School Board has voted to implement expanded programming, starting in the summer of 2024. That expansion is expected to include a Bozeman Reads Summer Jump Start Program running 4 days a week, 5 hours per day for 6 weeks with a capacity of 160 students. In addition, there will be a Bozeman Reads Classroom-Based Program starting in August 2024, running 4 days a week, with half day and full day options, for three-year- old and four-year-old students, with a capacity of 72 students.19 241 FOUR CORNERS The Four Corners area has continued to grow and develop, offering places for both businesses and residential homes within a short drive to Belgrade and Bozeman. Zoot Adventure Learning Academy, an onsite daycare at Zoot Enterprises, is located in the area, as well as other licensed daycare offerings. Monforton School offers K-8th grades and hosts the Wildcat Workshops Afterschool Program. Given its geographical location, one community input participant noted the transportation challenges of living in the Four Corners area, including: travel time to/from other communities; left hand turns into traffic; and transportation of kids to other locations for after-school activities. GALLATIN GATEWAY Gallatin Gateway doesn’t currently have any operating licensed child care programs for infants, toddlers and Pre-K, requiring parents and families to explore other options including family, friends and neighbor care, babysitters, and driving into Bozeman to find care. However, the Yellowstone Club is exploring establishing a child care program in the area, and a new license has recently been secured by a provider, as shown in the map. In addition, the Gallatin Valley YMCA is now offering a Later Gators After School Program five days a week for elementary-age kids at the Gallatin Gateway School. The Bridge Church, located in Gallatin Gateway, has explored having child care at its building, but renovations would need to be made first. MANHATTAN - AMSTERDAM - CHURCHILL One of the biggest challenges that the Manhattan - Amsterdam - Churchill area is facing is a lack of a child care workforce. For example, Manhattan Christian Early Learning Center was operating with 6 children in Fall 2023, yet its capacity is 47, and it has since closed. There also may be a lack of awareness of what child care is available and/or a lack of alignment of what is being offered and what families need. For example, during the community input session, the Gallatin Conservation District mentioned offering summer programs and Friday programs, but yet they didn’t reach a maximum number of participants. THREE FORKS + WILLOW CREEK Three Forks and Willow Creek have limited child care options which often require them to bring their children to other larger communities for care. The Three Forks school district offers a four- day school week, and both Three Forks and Willow Creek offer pre-Kindergarten at their schools. In addition, the Three Forks school district provides child care. 20 242 One community input session participant noted that the area may be experiencing a lack of volunteerism among community members, yet volunteers are critical to making small towns run. Another trend may be an increase in homeschooling with families accessing the Three Forks Community Library for story time, lessons, and other activities. WEST YELLOWSTONE The West Yellowstone tourism economy and its 24/7 employment require non-traditional child care offerings. Other challenges include low wages, lack of housing and a geographically-isolated community. In addition, there is a need to recruit young professionals to West Yellowstone to fill critical jobs (teachers, first responders, etc.) and offer affordable and available child care, plus housing options. Little Rangers Learning Center is the only licensed child care provider in West Yellowstone, and it’s been actively fundraising and working with the community to address its budget shortfalls. 21 243 CASE STUDIES: ALTERNATIVE CHILD CARE MODELS ALTERNATIVE CHILD CARE MODELS 22 TAX CREDITS BY STATE For each state, it is noted whether or not the state has tax credits, based on information found at bipartisanpolicy.org. Source: https://bipartisanpolicy.org/report/state-tax-policies-working-parents/ Child and Dependent Care Tax Credit (CDCTC) Credit to offset the cost of child care based on the amount of eligible expenses a parent incurs Employer-Provided Child Care Tax Credit (45F) Credit for employers to offset the cost of providing or subsidizing child care for their employees Child Tax Credit (CTC) Credit for parents with young children, typically based on income and number of children Earned Income Tax Credit (EITC) Credit for low-income workers, with an enhanced credit for workers with young children Below are case studies from other communities and states that have been actively addressing child care challenges, as well as a look at tax credits available for these states. The following communities and states were reviewed. Local: Missoula, Kalispell, Great Falls Regional: Idaho, Colorado, North Dakota, Washington National: New Mexico, Minnesota, Kentucky, Alabama, Louisiana, Michigan 244 Montana Idaho Colorado North Dakota Washington State CDCTC Tax deduction for qualified employment related child care expenses. Expenses may not exceed $2,400 for one dependent, $3,600 for two, and $4,800 for three or more. 100% of the federal CDCTC Taxpayers with incomes under $60,000 who claimed the federal credit, may receive a credit equal to 50% of the federal credit. Not available Not available State 45F Not available Not available Tax credit for 20% of an employer's annual investment in the provision of child care services or the payment to a provider for costs associated with child care services for children of employees receiving public assistance. Not available Not available MONTANA + OTHER NEARBY STATES 23 245 Montana Idaho Colorado North Dakota Washington State CTC Not available $205 per qualifying child under age 17 Families with children under six are eligible for 60% of federal credit. It phases out with income between $25,000- 75,000 of AGI for single filers and $35,000-85,000 for joint filers. Not available Not available State EITC Percent of Federal Credit: 3% Not available Percent of Federal Credit: 20%Not available Percent of Federal Credit: Flat rate based on HH size Other No No Child Care Contribution Tax Credit (CCTC): Taxpayers that make a qualifying monetary contribution to promote child care may be eligible for a nonrefundable credit equal to 50% of the contribution. The maximum credit is $100,000EC Educator Tax Credit: Eligible early childhood educators who hold an active PDIS Early Childhood Credential may be awarded a refundable tax credit of $740-1,500, depending on highest level of credential. Eligible educators have an income less than or equal to $75,000 (individual) or $150,000 (joint).Child Care Center Property Tax Exemption: Eligible child care centers may qualify for property tax exemption for property used as an integral part of a child care center. Property that is used by a tenant or subtenant to operate a child care center may be eligible for the exemption. Property Tax Exemption: The governing body of the city may grant property tax exemption for the portion of fixtures, buildings, and improvements used primarily to provide early childhood services by a corporation, limited liability company, or organization licensed under ND statute. Qualified child care providers do not need to own the property, but the exemption is not available for properties used as a residence. No Source: https://bipartisanpolicy.org/report/state-tax-policies-working-parents/ 24 246 New Mexico Minnesota Kentucky Alabama Louisiana State CDCTC Credit for 40% of compensation paid to a caregiver, not to exceed $8.00 per day. The maximum credit is $480 for one child and $1,200 for two or more. 100% of the federal CDCTC 20% of federal CDCTC Not available Between 50-200% of federal CDCTC depending on quality rating of child care facility the dependent attends. Child care expenses for one star or nonparticipating facilities are not eligible. State 45F Tax credit for 30% of qualified expenses related to operating a child care facility used primarily by a taxpayer's employees. The credit can be prorated across multiple employers jointly taking on qualified expenses. The maximum credit is $30,000 per year and may be carried forward for three years. Not available Not available Not available Refundable tax credit for eligible expenses related to constructing a child care facility or contracting with a provider to reserve slots for a taxpayer's employees for up to $50,000 per tax year. Eligible expenses also include payments made to a child care facility for services to support employees up to $5,000 per child per year. The credit rate for eligible expenses depends on child care facility program rating. OTHER STATES ACROSS THE NATION 25 247 New Mexico Minnesota Kentucky Alabama Louisiana State CTC Families with children under 17 receive $75-175 per child depending on income. This takes effect TY2023-2031. Credit of $3,000 for each child ages 0-5 and $1,000 for each child ages 6-17. The credit phases out by 10% of adjusted gross income greater than $150,000 (married) or $75,000 (single). Taxpayers may elect to receive the payment in six periodic advance payments. Not available Not available Not available State EITC Percent of Federal Credit: 20% for TY2021-22, TY25% for 2023 Percent of Federal Credit: ~44%, but structured as a percentage of income rather than federal credit Not available Not available Percent of Federal Credit: 5% 26 248 New Mexico Minnesota Kentucky Alabama Louisiana Other No No No No Child Care Provider Tax Credit: Child care providers with 2+ stars in the LDE Quality Rating System who serve children in the foster care system or recipients in the Child Care Assistance Program may be eligible for a refundable tax credit of $750-1,500 per eligible child, depending on quality rating. The credit may be taken against individual income tax, corporation income tax, or corporation franchise tax.School Readiness Directors and Staff Tax Credit: Child care directors and eligible staff who have worked for 6+ months in a licensed child care center that participates in the quality rating system and are enrolled in the Louisiana Pathways Child Care Career Development System are eligible for a refundable tax credit of $1,894- 3,787, depending on position. The credit amount is adjusted annually by the percentage increase in the Consumer Price Index.Tax Credit for Donations to Resource and Referral Agencies: Businesses may receive a refundable tax credit for donations made to Child Care Resource and Referral Agencies. The credit rate is 100% and the maximum credit is $5,000. The credit may be taken against individual income tax, corporation income tax, or corporation franchise tax. 27 249 CASE STUDIES The following communities and states offer insights as to how to innovatively address child care challenges. Local: Missoula, Kalispell, Great Falls Regional: Idaho, Colorado, North Dakota, Washington National: New Mexico, Minnesota, Kentucky, Alabama, Louisiana, Michigan LOCAL Source: Missoula Child Care Advantage (MCAA), https://www.missoulachild careadvantage.com/ Background/Situation Increase child care slots in the community Engage sectors not typically involved in child care solutions Stabilize child care sector long term Initiatives include: Shared Services: MCCA is a network of independent child care businesses (Participating Providers) that utilize shared services to streamline operations and improve their bottom line. Wait List and Enrollment Portal: One of these shared services is an Enrollment & Wait List Portal. Business Membership: Companies can pay a fee to MCCA and become Business Members in the network. Their employees then have preferred access to the Enrollment and Wait List Portal, which helps them find child care more quickly. Business membership fees mean shared services are free for participating providers. Public/Private Funding: The City of Missoula, Missoula County, and United Way of Missoula County, co-fund the position of MCCA coordinator through a public/private partnership. Expansion: The network will expand beyond the pilot location in the future. MISSOULA Source: Missoula Child Care Advantage (MCAA), https://www.missoulachild careadvantage.com/ Background/Situation Increase child care slots in the community Engage sectors not typically involved in child care solutions Stabilize child care sector long term Initiatives include: Shared Services: MCCA is a network of independent child care businesses (Participating Providers) that utilize shared services to streamline operations and improve their bottom line. Wait List and Enrollment Portal: One of these shared services is an Enrollment & Wait List Portal. KALISPELL 28 250 Business Membership: Companies can pay a fee to MCCA and become Business Members in the network. Their employees then have preferred access to the Enrollment and Wait List Portal, which helps them find child care more quickly. Business membership fees mean shared services are free for participating providers. Public/Private Funding: The City of Missoula, Missoula County, and United Way of Missoula County, co-fund the position of MCCA coordinator through a public/private partnership. Expansion: The network will expand beyond the pilot location in the future. Background/Situation Great Falls wanted to develop a hybrid method for child care that is open both standard and non-standard hours in a new recreational facility. Goal is to offer greatly reduced and almost free child care. Need to encourage business owners and industry partners to help employees offset child care costs. Implement child care boot camp for providers to get licenses and certifications in a short amount of time. Diversification of revenue for business partners. 15,000 square feet of usable space. Community coop: other providers helping with child care needs because waiting lists are so long, goal to add 200-250 slots. Some discussion over sharing staff but want to grow staff first Initiatives include: Formed a steering committee to take on the project and received a donation of $40K+ In the stages of putting together an investment cooperative for the program. Challenges include: The biggest is getting business owners to the table, making it clear for businesses to help invest in a child care facility not run it just to get people back into their workforce. The state of Montana has a lot of families where one parent stays at home because they can’t find affordable care or there isn’t a facility in their community. What works in Great Falls might not work in other communities because there are a variety of economic drivers. GREAT FALLS 29 251 REGIONAL Background/Situation The state of Idaho created an Early Childhood Care and Education Strategic Plan with the Idaho Association for the Education of Young Children (IDAEYC) to prepare Idaho children ages 0 to 5 for school and life. The strategic plan was developed after an extensive needs assessment that identified the following key takeaways: Many Idaho families face several critical challenges, including poverty, hunger, and housing insecurity, lack of health care, and inconsistent access to the internet or a computer. 1 in 8 children in Idaho were food insecure, especially those in rural areas. Child care is unaffordable for many families. A typical family in Idaho will spend 25% of its annual income on child care for an infant and a 4-year-old. There is a lack of care. Nearly 50% of Idahoans live in communities that either completely lack licensed child care providers or the providers are so scarce that there are more than three children for every child care space. Idaho does not have systems in place to understand which types of early childhood care and education (ECCE) settings are most effective in increasing school readiness and early literacy The mission of the plan: Energize communities to form collaborative and high quality early childhood care and education environments for all Idaho children. Three broad guiding principles guide ECCE in Idaho: Equitable access: Recruitment and outreach strategies are implemented and barriers to access are removed, ensuring those most in need of services connect to and obtain support. Successful implementation: High quality service delivery implemented with fidelity, meeting the needs of those accessing programs, services, and other supports. Improved outcomes: Programs, services, and other supports delivered with the appropriate quality and intensity, achieving desired outcomes. The goals and objectives of the strategic plan include: Communities Engaged and Family-Focused Expand and strengthen local collaboratives. Serve vulnerable, underserved, and rural. Children and Families Prepared, Empowered, and Thriving Support collaborative transition and alignment from birth to the early grades. Empower family choices. Resources for Early Childhood Care and Education (ECCE) Educators Expanded Elevate the ECCE profession. Expand professional development opportunities for ECCE educators. Develop aligned credentials and certifications for ECCE educators. IDAHO 30 252 Increase the number of degreed ECCE educators in Idaho. Support ECCE educators through statewide and local networks. Expand opportunities to improve ECCE quality. Offer financial assistance to ECCE providers to open, expand, and sustain ECCE programs. Timely, Actionable, and Accessible Data Available Strengthen data-driven community planning. Create and use an ECCE dashboard to support Idaho’s young children and their families. The Idaho Association for the Education of Young Children (IDAEYC) has developed guidebooks to help local Early Learning Collaboratives (ELCs) conduct needs assessments and develop community-specific strategic plans to improve access to and affordability of quality care and early education to ensure children are school ready. 25+ communities across Idaho have created bottom-up approaches to addressing their community’s child care needs. American Falls now offers universal preschool, using the campaign “Read. Talk. Play.” to improve kindergarten readiness. The United Way offers scholarships to the five preschool programs in the community — a mix of private and public. All of the preschools use the same vetted curriculum. The school district’s kindergarten readiness scores, measuring early literacy skills, increased from 19.7% proficiency in fall 2019 to 40% in fall 2023. Sources/Links for More Information: Idaho Idaho's Statewide Early Learning Strategic Plan Idaho Association for the Education of Young Children (IDAEYC) Early Learning Collaborative across Idaho IdahoSTARS How A Small Town in A Red State Rallied Around Universal Preschool Background/Situation The state is using federal and state tax deductions and credits, like the Colorado Child Care Contribution Tax Credit (CCCTC), to make child care more accessible and affordable. The CCCTC provides an income tax credit for taxpayers making monetary contributions to support child care, including, but not limited to, licensed child care facilities, unlicensed child care, organizations that provide educator training, referral services for child care, or financial support for parents to access child care. The credit is equivalent to 50 percent of the contribution amount, with a maximum credit of $100,000 per taxpayer, per tax year. COLORADO 31 253 The downside of the tax credit is that records show most taxpayers are contributing to the same child care organization continually and not to providers that may be in need of financial assistance. The Colorado Child Care Assistance Program (CCCAP) helps to provide financial assistance to families with similar systems of income-eligibility to determine financial needs. The Grants for Child Care Sector helps in writing and passing bills in legislative sessions to obtain funds for child care families and providers. According to the 2019 Colorado Shines Brighter report—a birth-through-age-5 needs assessment from the Colorado Health Institute and the Office of Early Childhood—about 40 percent of licensed child care facilities accept CCCAP, and about 8 percent of the income- eligible population is enrolled. CCCAP recipients are also eligible for the Child Care Credit and Low-Income Credit; however, CCCAP recipients can only claim credits based on their out-of- pocket child care expenses not covered by CCCAP. Recent legislation includes: During the 2020 and 2021 Legislative Sessions, the General Assembly passed multiple bills to support the child care sector and to help it recover from the impacts of the COVID-19 pandemic. During the 2020 Special Legislative Session, the General Assembly passed House Bill 20B-1002, Emergency Relief Programs for Child Care Sector. This bill created two emergency relief grant programs to provide financial support to licensed providers in order to maintain operations and capacity, or to open new facilities or expand existing capacity. During the 2021 Legislative Session, the General Assembly passed Senate Bill 21-236 to increase the capacity of quality early childhood education facilities. This bill created four additional grant programs, using state and federal funds, for: The construction, renovation, or remodeling of employer-based child care facilities. Child care centers to cover tuition, fees, materials, credentialing, licensing, and wage increases for early childhood staff for recruitment and retention. Wage increases for early childhood educators working at centers that serve families that are subsidized with CCCAP. Community-based programs that cover tuition subsidies or scholarships, employer-based cost sharing, ensure equitable access for all children, and strengthen child care business practices that improve early childhood outcomes. Sources/Links for More Information: Colorado Child Care Contribution Tax Credit Colorado EPIC: FAQS Early Milestones Colorado Colorado Department of Early Childhood EPIC: Executives Partnering to Invest in Children: Toolkit 32 254 Background/Situation In 2023, new legislation was passed and signed by the North Dakota governor to provide $66 million to support child care services and access, including: $22 million to expand the Child Care Assistance Program (CCAP), increasing the number of families with children ages 0 to 3 who receive help paying for child care from 4,660 to 6,460 by the end of the 2023-2025 biennium. $5 million for an additional 500 families to participate in a pilot project where private employers contribute money to help cover their employees’ child care expenses. Support for child care providers and the child care workforce includes: $15 million to incentivize more providers to deliver child care for infants and toddlers by increasing the CCAP rates for child care centers and group/family child care settings. $3 million to increase support to providers who want to become quality-rated or increase their current quality rating. $2 million in stipends for child care workers pursuing additional training. Support for families includes: Families with low income who meet certain eligibility requirements including participating in an allowable activity: working (paid employment or self-employed); education or training programs; in situations of homelessness, looking for employment, education or training activities, and housing is considered allowable; age limits: once children are determined eligible, they may receive services until the eligibility period in which they turn 13 years old expires; a child with special needs may qualify up to age 19; asset limits: a family’s assets cannot exceed $1,000,000; monthly income from wages, child support, pensions, veteran’s benefits or other sources must be less than the CCAP income limits; copayment: in most cases, families pay a copayment, which is a portion of the child care cost; determined on a sliding fee scale based on a family's income and household size. Challenges include: Limited number of programs that are open on weekends and before and after work hours, making it harder for families with abnormal working hours to find child care. The amount of providers doesn’t match up with the estimated number of children needing child care in the county. Sources/Links for More Information: North Dakota Office of the Governor: North Dakota North Dakota House Bill 1540: Early Childhood Services and Child Care Assistance North Dakota Child Care Assistance Program Child Care Aware of North Dakota NORTH DAKOTA 33 255 Background/Situation Washington’s Fair Start for Kids Act is a $1.1 billion investment to make child care and early learning more affordable for the state’s families by expanding access, capping copays, and providing resources to support child care and early learning providers. The changes made under the Fair Start for Kids Act will help create an integrated system of child care and early learning in Washington State that is accessible, affordable, and in which providers and child care workers can have the support they need to provide quality care. The Fair Start for Kids Act covers many issues that other states are having when it comes to child care. The act reduces copay amounts for families who have lower incomes and creates bonuses for providers who are staying open during non-standard working hours. Support for families includes: Copays through Working Connections Child Care (WCCC) are capped so that: A family of four will pay no more than $115 a month in child care copays if they have a combined income of $64,248 a year or less. That same family will pay no more than $90 a month if their combined income is less than $53,544 a year. Provides a bonus for child care providers to provide care during non-standard hours. More pre-k slots and converting slots for Washington ECEAP. Expanded Washington home-based services offered to expectant parents and families with babies and young children. Adds additional pre-k slots through ECEAP. Funds the expansion of therapeutic care and specialized treatment for children and families furthest from opportunity. Implements the dual language rate enhancement and trauma-informed care supports. Support for child care providers includes: Puts a big emphasis on quality of child care especially when it comes to equal access to all communities including more support towards Spanish and Somali speaking providers as well as establishing new consultants that will focus on mental health for children. Distributes new grants to early learning providers, including: $360 million in child care Stabilization Grants to help providers remain open and able to care for children. $5.1 million in Early Childhood Equity Grants to promote inclusive, culturally responsive learning and enhanced language access, with a focus on Black, Indigenous, and People of Color (BIPOC) communities and providers. $9.6 million in Complex Needs Funds to further support care for children with developmental delays, disabilities, behavioral needs, or other unique needs. Sources/Links for More Information: Washington Fair Start for Kids Act WASHINGTON 34 256 NATIONAL Background/Situation The process for New Mexico families to receive free child care happened through different legislations and actions taken by policymakers and the public over a four-year period. In 2018, OLÉ and the legal group New Mexico Center on Law and Poverty filed suit against the state’s Children Youth and Families Department, alleging that the state arbitrarily and illegally denied families access to child-care assistance. In 2020, the state drew on taxes from oil and gas production of $300 million to create an Early Childhood Education and Care Fund. The endowment, which draws on taxes from oil and natural gas production, is projected to be worth $4.3 billion by 2025. New Mexico became the first state to offer free child care to such a broad swath of its population. In 2022, the governor allowed child care subsidy copays to be waived. This legislation also expanded eligibility so child care was free for one year for an estimated 30,000 residents, including families earning up to 400 percent of the federal poverty level, or $111,000 a year for a family of four. It became the first state to do this. The state waived copays for low-income families and increased eligibility for subsidies to 350% of the federal poverty line. The state also revised the copayment schedule so that families weren’t having to pay most of their income on child care all at once and brought costs down for parents so that they were not spending more than 7 percent of their incomes on child care. New Mexico voters also successfully changed the state constitution to guarantee a constitutional right for children ages zero to five to receive early childhood education. Awareness building initiatives included: Volunteers sent text messages, made calls, knocked on people’s doors, and used social media to get the word out. Parents spoke out about how it would help to make child care affordable, while providers advocated for it as a way to get paid adequately for the critical services that they provide. Support for child care providers includes: With the state taking over the payment of copays, providers are assured of getting money. The state used an additional $10 million in federal funding from the American Rescue Plan to offer grants to people who want to expand or create child care centers as a way to increase the supply of slots, with the goal of creating at least 800 new ones. Reimbursed providers based on how much it actually costs to provide child care, not just on the going market rate. Working with lawmakers to ensure a minimum wage of $18 an hour, with a ladder that allows them to continue to move up in pay and achieve parity with K-12 teachers based on their educational credentials and years of experience. It must be a registered provider or a licensed provider that is rated at 2 stars or above (out of 5). NEW MEXICO 35 257 Challenges for child care providers include: Getting enough staff, especially in rural parts of the state. The Early Childhood Education and Care Department announced it will raise the rates it provides centers for child care assistance, which should allow them to continue to fund a minimum wage of $15 per hour for employees. Support for families includes: Families earning up to 400% of the federal poverty line who have circumstances — such as work or school — that require them to need child care. For a family of four, this means households making less than $120,000. The child care assistance program applies to infants through 3-year-olds, as well as those who need care before or after school from kindergarten through fifth grade. Parents are reporting that many child care providers have long waitlists and many parts of the state are "child care deserts" where there are more than three children who need care for every available slot. The state is working on increasing providers. Sources/Links for More Information: New Mexico New Mexico Center for Law and Poverty Early Learning Nation Early Childhood Education and Care Fund Washington Post Albuquerque Journal National Conference on State Legislatures Office of the Governor: New Mexico Background/Situation The state government has invested $1.3 billion over four years to increase access to affordability of mixed-delivery child care that will result in 3,600 additional children accessing Child Care Assistance Program (CCAP), between 8,000 and 11,000 additional children accessing Early Learning Scholarships, and 12,360 voluntary Pre-K seats funded. Minnesota created one of the first-in-the-nation state-funded programs to increase child care worker compensation and expand child care access including: better access to licensing, child care workforce development scholarships, increases in income to childhood educators, more hours of care given to children whose caregivers suffer from mental health issues, and breakfast and English Language learners provided to preschoolers. Established the Department of Children, Youth, and Families, a new cabinet-level agency that reimagines state government structures to elevate child, youth, and family priorities and funding need. Recent legislation includes: See charts below from Minnesota’s Children’s Cabinet for a list of recent legislation passed that supports both child care providers and families MINNESOTA 36 258 Sources/Links for More Information: Minnesota 2023 Legislative Wins for Children and Families Minnesota House Bill HF 13: Increasing Child Care Assistance Rates Minnesota House Bill HF 150: Child Care Stabilization Grants and Early Learning Scholarships Administration for Children & Families KARE-11 TV News 37 259 38 260 Background/Situation On August 1, 2019, Alabama House Bill 76 — The Child Care Safety Act — went into effect. It made changes to the child care licensing laws to improve the health and safety of children in licensed facilities, provide guidelines to improve conditions in all facilities and programs, and provide incentives for unlicensed programs to become licensed. In September of 2021 the Child Care Stability Grant was passed. Grants were issued to the child care community during COVID to help stabilize costs. The 2023 grant was issued to continue supporting the community after the COVID grants expired. Facilities were encouraged to apply for these grants which is based on the maximum child capacity by type of facility. Eligible programs for this grant are any child care program/classroom that is issued a Child Care Services Division license with the exception of Head Start exclusive programs and non-DHR Early Head Start-Child Care Partnerships. The capacities of excluded programs and/or classrooms shall be deducted from the total licensed daytime capacity to determine the award amount for the facility. Parents are able to apply for financial aid based on income eligibility through the Office of Child Care Subsidy, especially those families who are low-income families and have little access to affordable child care. Sources/Links for More Information: Alabama Alabama Child Care Licensing Overview 2019 Child Care Safety Act Alabama Child Care Service Division Alabama Subsidy Overview CCDF State Plan Income Eligibility Fee Criteria ALABAMA: Background/Situation In Kentucky child care is paid for by the state due to people recognizing how many low-income parents couldn’t afford child People needed child care, but there weren’t any spots as daycares couldn't find anyone to work. Kentucky made day care free for child care workers through a change in licensing regulations. A year later, the number of children receiving state subsidies for child care has jumped up to 40,000. The state pays more than $200 a week in many counties for an infant spot, and less for older children. KENTUCKY: 39 261 Support for child care workforce and families includes: All child care workers are eligible for subsidies regardless of household income. Right now over 3,600 children are being served because they have a parent who's a child care provider. Depending on the county, the state might pay a couple hundred dollars a week for infant care - and less as the kids get older. Child care centers are finally able to fully staff up, which means far more day care slots available, allowing far more parents to go to work. Support for child care providers includes: All child care programs that choose to accept families with the Child Care Assistance Program (CCAP) must complete Billing Basics for Providers training. This online course provides an overview of the billing process for CCAP including information on completing the DCC 94E, Daily Attendance Sheet. Training stresses the importance of completing the provider billing form and reviewing the necessary requirements of the billing process. Sources/Links for More Information: Kentucky Kentucky found a solution to its day care worker shortage NPR Child care worker shortage Kentucky Division of Child care Child Care Assistance program for Families Child Care Assistance Program Providers Kentucky Child Care Laws Background/Situation Gov. Gretchen Whitmer signed into law a package of changes to Michigan’s child care system to reduce red tape and help make child care more widely available. The laws enacted in June of 2022 contain a wide range of measures, from minor procedural fixes to major changes in the state’s method of supporting small, home-based providers. The state recently used federal dollars to invest $1.4 billion in increased payments for child care centers and bonuses for early educators, and to expand the supply of child care in urban and rural communities. The new laws focus on changes to child care regulations, including: Allowing experienced home-based providers to serve as many as seven children, instead of six; group home providers will be eligible to serve up to 14 children instead of 12. Requiring the state to make more information public about special investigations into child care programs. Giving child care providers at least 90 days to comply with new health and safety rules, a formal grace period that doesn’t currently exist. Giving child care providers a path to operate in multi-use buildings, such as a strip mall with multiple storefronts, something that was difficult under previous regulations. MICHIGAN 40 262 The package will also create networks for home-based providers that will offer coaching and technical support to the smallest players in the early education market. The state will pay between $2 million and $5 million to support the networks, depending on how many providers participate. Temporary child care subsidy rate increases ended in Sept 2023 and shifted to rates that are 40% higher than they were pre-pandemic. In addition, federally required Family Contribution (FC) will be reinstated, and child care subsidy billing based on enrollment will continue. Support for child care providers includes: In Fall 2023 Governor Whitmer signed a budget that includes over $700 million in grant funding to support child care providers. Rather than payments based on attendance, provider networks will be given contracts to care for children ages 0-3, ensuring a steady income source even when children are absent. The goal is to incentivize providers to care for younger children, who are most expensive to care for because they require more adult attention. Sources/ Links for More Information: Michigan Child Care Stabilization Grant Looming Child Care Disaster State of Michigan Child Development and Care Handbook Governor Signs Child Care Bills 2022 Child Care Stabilization Grant Presentation Michigan Child Development and Care Website Background/Situation In 2019, the bipartisan commission unanimously approved a bold plan to address the lack of high-quality, affordable child care for vulnerable families. The commission's plan, Investing in Our Future: LA B to 3, calls for the state to invest substantially in high-quality Early Childhood Education (ECE) over the next decade. In 2022, state lawmakers made a historic down payment by allocating new funding for ECE. However, Louisiana is running out of a significant amount of one-time federal dollars, and over 16,000 children are at risk of losing access to high-quality ECE programs. Further complicating the situation, Louisiana also has a record-low unemployment rate of less than 4%, meaning even more families need care for their young children while working. During the June 2023 legislative session, Louisiana lawmakers approved $44 million in new funding to early care and education. The money will go towards the Child Care Assistance Program (CCAP), a state funded program that provides financial assistance to low-income families while they are working or attending school. With child care often representing the largest portion of a family’s budget, and child care breakdowns costing Louisiana businesses over $760 million every year, leaders believe this will help thousands of people across the state. The state was relying on the last bit of COVID relief money to fund the project, but this new investment will save over 3,500 seats in the program. LOUISIANA 41 263 In 2022, the Louisiana State Legislature signaled its commitment to early care and education by allocating $25 million for the Child Care Assistance Program (CCAP) and $18 million to increase four-year-old program rates. Child Care Provider Tax Credit: Child care providers with 2+ stars in the LDE Quality Rating System who serve children in the foster care system or recipients in the CCAP may be eligible for a refundable tax credit of $750-$1,500 per eligible child, depending on quality rating. The credit may be taken against individual income tax, corporation income tax, or corporation franchise tax. School Readiness Directors and Staff Tax Credit: Child care directors and eligible staff who have worked for 6+ months in a licensed child care center that participates in the quality rating system and are enrolled in the Louisiana Pathways Child Care Career Development System are eligible for a refundable tax credit of $1,894-$3,787, depending on position. The credit amount is adjusted annually by the percentage increase in the Consumer Price Index. Tax Credit for Donations to Resource and Referral Agencies: Businesses may receive a refundable tax credit for donations made to Child Care Resource and Referral Agencies. The credit rate is 100% and the maximum credit is $5,000. The credit may be taken against individual income tax, corporation income tax, or corporation franchise tax. Sources/Links for More Information: Louisiana Lawmakers approve millions in funding for low-income families to afford child care Child Care Assistance Program for Families CCAP Eligibility Criteria Child Care Association of Louisiana Funding our Future with LA B to 3 42 264 VISION-GOALS-OBJECTIVES What’s our vision? What are our goals, priorities and objectives? 43 VISION Accessible, affordable and thriving child care in Gallatin County OVERALL GOALS Address the most pressing child care challenges in Gallatin County Enhance collaboration among all those involved and impacted by child care Support, complement and expand upon what currently exists PRIORITIES Solutions for Child Care Businesses1. Child Care Solutions for Businesses2. Child Care Solutions for Families 3. Policy and Subsidy Solutions 4. OBJECTIVES Increase the capacity within the CHILD Task Force Better understand the specific child care needs of the community Continue to support child care providers Focus on child care workforce attraction and retention Engage employers in developing solutions Continue to collaborate with community leaders “We need subsidies for child care providers & low- income families; employers providing child care; affordable insurance for child care providers; relaxed development code and zoning code for child care; prohibit HOA covenants restricting child care; flexible financing options for child care; increased wages for child care providers; more after-school programs for school age children and higher wages for teachers offering after school programs or volunteer opportunities or tax incentives for the schools; child care cooperatives; grant funding; and city/county/state initiatives or support.” Belgrade, Community Leader, Cares about Child Care Options 265 STRATEGIC DIRECTION and ACTION PLAN 44 Increase the capacity within the CHILD Task Force Better understand the specific child care needs of the community Continue to support child care providers Focus on child care workforce attraction and retention Engage employers in developing solutions Continue to collaborate with community leaders OBJECTIVES Solutions for Child Care Businesses1. Child Care Solutions for Businesses2. Child Care Solutions for Families 3. Policy and Subsidy Solutions 4. PRIORITIES Enhance collaboration among all those involved and impacted by child care1. Support, complement and expand upon what currently exists2. Address the most pressing child care challenges in Gallatin County3. OVERALL GOALS Need for increased capacity within the CHILD Task Force Need for better data Need for evolving action plans KEY LEARNINGS What are our strategies to support our vision for the next 5-10 years? Which action items need to be accomplished? 266 GOAL 1: ENHANCE COLLABORATION AMONG ALL THOSE INVOLVED AND IMPACTED BY CHILD CARE OBJECTIVE 1: Increase the capacity within the CHILD Task ForceSTRATEGY 1.1: Explore the feasibility of dedicating a person full-time ACTION PLAN Formalize the established partnership Secure additional public-private funding Create a sustainable full-time position; responsibilities could include: Collaboration Communication Data gathering and analyzing Execution of the strategic plan Ongoing evolution of the strategic plan and its action items GOAL 2: SUPPORT, COMPLEMENT AND EXPAND UPON WHAT CURRENTLY EXISTS OBJECTIVE 2: Better understand the child care needs of thecommunitySTRATEGY 2.1: Build on what’s currently known to assess demand ACTION PLAN Obtain funds through ChildCare Aware of America grant Analyze the population of children under 5: past and projected Analyze school enrollment: Pre-K-5th grade: past and projected Secure birth rate data from Bozeman Health and others Collect and analyze estimated demands for child care: past and projected Present findings to community leaders and evaluate opportunities STRATEGY 2.2: Establish the Gallatin County waitlist program for use by care providers, families and businesses ACTION PLAN Build off what’s already been learned by the Missoula Child Care Advantage Initiative Look to complement and/or understand how the waitlist program fits with what the state is considering Put in place the ability to measure the actual demand for child care 45 267 GOAL 3: ADDRESS THE MOST PRESSING CHILD CARE CHALLENGES IN GALLATIN COUNTY OBJECTIVE 3A: Continue to support child care providers STRATEGY 3.1: Help increase awareness of availability of non- traditional hours and weekend care and assess understanding of the need ACTION PLAN Work with providers to promote availability and better understand what families want and why people are hesitating to use the care that’s offered Conduct an online survey among families who work non-traditional hours Work with employers to share with employees who may be interested Share findings with providers and employers and discuss potential solutions based on findings STRATEGY 3.2: Look for opportunities to simplify steps for child careproviders ACTION PLAN Create a comprehensive view of what each child care organization does and where a provider can go for what types of questions, issues, etc. Distribute the comprehensive view to all of the providers and post to the CCC website Continue to update and distribute the comprehensive view each year OBJECTIVE 3B: Focus on child care workforce attraction and retentionSTRATEGY 3.3: Recognize and provide incentives to the child careworkforce through funding opportunities and community donations ACTION PLAN Create a CHILD Task Force committee focused on workforce attraction and retention and define committee members’ roles and responsibilities Determine opportunities to secure funding to establish program (i.e., nonprofits, companies, grants, community foundations, etc.) Look to promote and provide incentives, grants, housing subsidies, etc. Spearhead campaign to acknowledge and offer child care workforce benefits: community-wide appreciation, freebies, discounts, support 46 268 OBJECTIVE 4: Engage employers in developing solutions STRATEGY 4.1: Provide needed information to employers ACTION PLAN Work with Zero to Five to finalize the financial model and business case for employer- supported child care (cost of care calculator) Reconvene the panel of employers who currently offer employer-supported child care Develop mini case studies to share with prospective employers; update the Employer- Supported Child Care Toolkit; and create FAQs Develop and field a universal survey to ask employers/employees questions - i.e., how many employees have you lost due to child care, etc. STRATEGY 4.2: Conduct outreach initiatives to increase the dialogue ACTION PLAN Create a CHILD Task Force committee focused on outreach to employers and define committee members’ roles and responsibilities Approach large employers in Gallatin County (i.e., Bozeman Health), share financial models and business cases, and brainstorm with them about child care solutions that meet their needs Approach multiple businesses that are located in the same area (i.e., Target, Costco, Town Pump, etc.) and discuss opportunities to collaborate in establishing nearby child care solutions for their employees Meet with Gallatin County to determine steps for offering care in new facility OBJECTIVE 5: Continue to collaborate with community leaders STRATEGY 5.1: Further engage community leaders and decision makers on the importance of child care solutions ACTION PLAN Create a CHILD Task Force committee focused on policies and subsidies Work to ensure that addressing child care needs are part of strategic plans, growth policies, etc. throughout Gallatin County and its communities Take actions outlined during the CHILD Task Force visioning session including: Incentivize employer supported child care (i.e. tax credits) Improve the understanding about the connections between child care and economic vitality Look at the low hanging fruit when it comes to subsidies Address the insurance barriers Collect data to make a case for incentives 47 269 STRATEGY 5.2: Keep child care top of mind for the media and thegeneral public ACTION PLAN Increase the number of people focused on the issue, offering new perspective and addressing lack of knowledge Reach out to media to secure additional coverage about child care challenges Continue to increase awareness through social media posts Develop a database of those interested in child care and share strategic plan updates via email newsletters, etc. 48 270 EVALUATION FRAMEWORK 49 How do we measure and evaluate our strategies and action items? GOAL 1: ENHANCE COLLABORATION AMONG ALL THOSE INVOLVED AND IMPACTED BY CHILD CARE OBJECTIVE 1: Increase the capacity within the CHILD Task Force STRATEGY 1.1: Explore the feasibility of dedicating a person full-time ACTION ITEM LEAD + SUPPORTING ORGANIZATIONS TIMING PROGRESS Formalize the established partnership CCC Q4 2024 Secure additional public-private funding CCC Q4 2024 Create a sustainable full- time position; define responsibilities CCC Q1 2025 271 GOAL 2: SUPPORT, COMPLEMENT AND EXPAND UPON WHAT CURRENTLY EXISTS OBJECTIVE 2: Better understand the child care needs of the community STRATEGY 2.1: Build on what’s currently known to assess demand ACTION ITEM LEAD + SUPPORTING ORGANIZATIONS TIMING PROGRESS Obtain funds through ChildCare Aware of America grant CCC Q1 2024 IN PROGRESS Analyze the population of children under 5: past and projected  NRMEDD Q3 2024 Analyze school enrollment: Pre-K-5th grade: past and projected  NRMEDD Q3 2024 Secure birth rate data from Bozeman Health and others NRMEDD Q3 2024 Collect and analyze estimated demands for child care: past and projected NRMEDD Q3 2024 50 272 GOAL 2: SUPPORT, COMPLEMENT AND EXPAND UPON WHAT CURRENTLY EXISTS OBJECTIVE 2: Better understand the child care needs of the community STRATEGY 2.2: Establish the Gallatin County waitlist program for use by care providers, families and businesses ACTION ITEM LEAD + SUPPORTING ORGANIZATIONS TIMING PROGRESS Build off what’s already been learned by the Missoula Child Care Advantage Initiative CCC 2024 IN PROGRESS Look to complement and/or understand how the waitlist program fits with what the state is considering CCC 2024 IN PROGRESS Put in place the ability to measure the actual demand for child care CCC Q1 2025 51 273 GOAL 3: ADDRESS THE MOST PRESSING CHILD CARE CHALLENGES IN GALLATIN COUNTY OBJECTIVE 3A: Continue to support child care providers STRATEGY 3.1: Help increase awareness of availability of non-traditional hours and weekend care and assess understanding of the need ACTION ITEM LEAD + SUPPORTING ORGANIZATIONS TIMING PROGRESS Work with providers to promote availability and better understand what families want and why people are hesitating to use the care that’s offered CCC Q2-Q3 2024 Conduct an online survey among families who work non- traditional hours CCC + CTF Q2-Q3 2024 Work with employers to share with employees who may be interested CCC + CTF Q2-Q3 2024 Share findings with providers and employers and discuss potential solutions based on findings CCC Q3 2024 52 274 GOAL 3: ADDRESS THE MOST PRESSING CHILD CARE CHALLENGES IN GALLATIN COUNTY OBJECTIVE 3A: Continue to support child care providers STRATEGY 3.2: Look for opportunities to simplify steps for child care providers ACTION ITEM LEAD + SUPPORTING ORGANIZATIONS TIMING PROGRESS Create a comprehensive view of what each child care organization does and where a provider can go for what types of questions, issues, etc.  CCC + STATE Q2-Q3 2024 IN PROGRESS Distribute the comprehensive view to all of the providers and post to the CCC website CCC Q2-Q3 2024 IN PROGRESS Continue to update and distribute the comprehensive view each year CCC Q4 2024 53 275 GOAL 3: ADDRESS THE MOST PRESSING CHILD CARE CHALLENGES IN GALLATIN COUNTY OBJECTIVE 3B: Focus on child care workforce attraction and retention STRATEGY 3.3: Recognize and provide incentives to the child care workforce through funding opportunities and community donations ACTION ITEM LEAD + SUPPORTING ORGANIZATIONS TIMING PROGRESS Create a CHILD Task Force committee focused on workforce attraction and retention and define committee members’ roles and responsibilities CTF Q2 2024 Determine opportunities to secure funding to establish program (i.e., nonprofits, companies, grants, community foundations, etc.) CTF Q2 2024 Look to promote and provide incentives, grants, housing subsidies, etc. CTF Q2 2024 Spearhead campaign to acknowledge and offer child care workforce benefits: community-wide appreciation, freebies, discounts, support CTF Q3-Q4 2024 54 276 GOAL 3: ADDRESS THE MOST PRESSING CHILD CARE CHALLENGES IN GALLATIN COUNTY OBJECTIVE 4: Engage employers in developing solutions STRATEGY 4.1: Provide needed information to employers ACTION ITEM LEAD + SUPPORTING ORGANIZATIONS TIMING PROGRESS Work with Zero to Five to finalize the financial model and business case for employer- supported child care (cost of care calculator) Zero to Five Q1-Q2 2024 IN PROGRESS Reconvene the panel of employers who currently offer employer-supported child care  CCC + CTF Q4 2024 (OCT) Develop mini case studies to share with prospective employers; update the Employer-Supported Child Care Toolkit; and create FAQs CCC + CTF Q4 2024 (NOV) Develop and field a universal survey to ask employers/employees questions - i.e., how many employees have you lost due to child care, etc. CCC + CTF Q1 2025 (JAN) 55 277 GOAL 3: ADDRESS THE MOST PRESSING CHILD CARE CHALLENGES IN GALLATIN COUNTY OBJECTIVE 4: Engage employers in developing solutions STRATEGY 4.2: Conduct outreach initiatives to increase the dialogue ACTION ITEM LEAD + SUPPORTING ORGANIZATIONS TIMING PROGRESS Create a CHILD Task Force committee focused on outreach to employers and define committee members’ roles and responsibilities CTF Q4 2024 Approach large employers in Gallatin County (i.e., Bozeman Health), share financial models and business cases, and brainstorm with them about child care solutions that meet their needs CTF Q1 2025 (JAN) Approach multiple businesses that are located in the same area (i.e., Target, Costco, Town Pump, etc.) and discuss opportunities to collaborate in establishing nearby child care solutions for their employees CTF Q1 2025 (JAN) Meet with Gallatin County to determine steps for offering care in new facility CCC Q2 2024 56 278 GOAL 3: ADDRESS THE MOST PRESSING CHILD CARE CHALLENGES IN GALLATIN COUNTY OBJECTIVE 5: Continue to collaborate with community leaders STRATEGY 5.1: Further engage community leaders and decision makers on the importance of child care solutions ACTION ITEM LEAD + SUPPORTING ORGANIZATIONS TIMING PROGRESS Create a CHILD Task Force committee focused on policies and subsidies  CTF Q2 2024 Work to ensure that addressing child care needs are part of strategic plans, growth policies, etc. throughout Gallatin County and its communities CTF Q2 2024 Take actions outlined during the CHILD Task Force visioning session  Incentivize employer supported child care (i.e. tax credits) Improve the understanding about the connections between child care and economic vitality Look at the low hanging fruit when it comes to subsidies Address the insurance barriers Collect data to make a case for incentives CTF Starting in Q2 2024 57 279 GOAL 3: ADDRESS THE MOST PRESSING CHILD CARE CHALLENGES IN GALLATIN COUNTY OBJECTIVE 5: Continue to collaborate with community leaders STRATEGY 5.2: Keep child care top of mind for the media and the general public  ACTION ITEM LEAD + SUPPORTING ORGANIZATIONS TIMING PROGRESS Increase the number of people focused on the issue, offering new perspective and addressing lack of knowledge CCC + CTF ONGOING Reach out to media to secure additional coverage about child care challenges CCC + CTF ONGOING Continue to increase awareness through social media posts CCC + CTF ONGOING Develop a database of those interested in child care and share strategic plan updates via email newsletters, etc. CCC Q1-Q2 2024 IN PROGRESS 58 280 Appendix 59 281 APPENDIX: A CLOSER LOOK AT BELGRADE 60 Desire to create a more positive work environment Interest in free child care for providers Interest in work credits / tuition reimbursement for high school and early childhood development students if they work in licensed child care facilities CHILD CARE WORKFORCE Pre-K is offered at three schools: Ridge View, Saddle Peak, Story Creek Additional summer care options are wanted Lack of flexible options Moving closer to other family members to help raise kids CHILD CARE CURRENT SITUATION Concern about the Belgrade School District working with a private provider Concern about the Belgrade School District competing with private programs Fewer staff at the Belgrade School District are saying they need child care EMPLOYER PARTICIPATION Address HOA restrictions Reduce litigation and over regulation of child care businesses Interest in state-supported child care Need for a higher income threshold to qualify for Best Beginnings Scholarships POLICIES AND SUBSIDIES Belgrade has similar child care-related challenges like many of the other communities throughout Gallatin County including the high cost of living, the need for better pay and better benefits for the child care workforce as well as a lack of places and land to locate child care programs. The Belgrade School District has explored offering onsite child care but multiple concerns were raised, and employee-reported demand is low at this time. OVERVIEW 282 Online Survey Question: What specific challenges and/or nuances need to be considered when it comes to child care in your community? CHALLENGES + NUANCES Key themes: Cost of living Cost of operating child cares Lack of providers Lack of affordable child care Lack of available child care Attraction and retention of child care workforce Need for flexible hours and summer care “We need: subsidies for childcare providers & low-income families, employers providing child care, affordable insurance for child care providers, relaxed development code and zoning code for child care, prohibit HOA covenants restricting child care, flexible financing options for child care, increased wages for child care providers, more after-school programs for school age children and higher wages for teachers offering after school programs or volunteer opportunities or tax incentives for the schools, child care cooperatives, grant funding, city/county/state initiatives or support.” Belgrade community leader 61283 CHILD CARE + SCHOOL DATA Number of Licensed Providers 28 Licensed Infant Capacity 120 Licensed Preschool Capacity 382 Number of Students: Pre-K (2022-2023) Belgrade Public Schools Ridge View (7) Saddle Peak (2) Story Creek (13) 22 Number of Students: Kindergarten (2022-2023) - Belgrade Public 262 DEMOGRAPHIC CHARACTERISTICS DEMOGRAPHICS (2022) Population Size 10,941 Median Household Income $82,769 Median Age 33.4 Women in Child-Bearing Years (20-44)2,454 Population of Children Under 5 927 (8.5%) Women with Children Under the Age of 6 in the Labor Force* 59.7% Sources: https://dphhs.mt.gov/ecfsd/childcare/childcarelicensing/providersearch https://gems.opi.mt.gov/student-data *Women who may also have older children less than 18 years old. Sources: Kids Count Montana, U.S. Census, ACS 5-Year Estimates, B23003, S0101, S2503, S1301 62284 APPENDIX: A CLOSER LOOK AT BIG SKY 63 Lack of affordable housing Low wages and overall challenges with affordability Opportunity for more training Need for better pay / better benefits Need for more staff CHILD CARE WORKFORCE Morningstar Learning Center is the only licensed child care that serves the community and has been struggling with staff attraction and retention The center is not open on Fridays due to lack of staff Pre-K (known as 4K) is offered at Ophir Elementary School Pre-K is also available at Big Sky Discovery Academy, a private Montessori school BASE Camp offers an after school program but no transportation is available from Ophir Availability of year-round care, plus extended care, 7 days a week is critical for Big Sky’s service industry CHILD CARE CURRENT SITUATION The Big Sky Childcare Task Force (BSCTF) recently completed a comprehensive report to assess child care in Big Sky. That report has been used as a source for insights into what is happening in Big Sky and is included in this strategic plan as an appendix. The Big Sky community benefits several larger employers and from the use of resort tax dollars collected and redistributed to organizations to address gaps and needs, including child care. Big Sky Resort Area District (BSRAD) continually invests in the Big Sky Discovery Academy and Morningstar Learning Center to help close the child care funding gap. However, Morningstar Learning Center, the only licensed child care option available in Big Sky, is challenged by attracting and retaining a child care workforce due to the cost of living and lack of affordable housing. Also, the majority of the workforce commutes to Big Sky, often driving 45-60 minutes. One of the larger employers, the Yellowstone Club, is exploring child care in Gallatin Gateway for Big Sky employees who live in the Gallatin Gateway area. One community input session participant noted that although employer-supported child care may be of interest, there is also concern about being tied to one employer and not being able to switch jobs and that child care solutions outside of employment would be beneficial. OVERVIEW 285 Big Sky Resort Area District (BSRAD) uses collected resort taxes to invest in the Big Sky Discovery Academy and Morningstar Learning Center to help close the funding gap FY2022 = $320,000; FY2023 = $549,000; FY2024 = $725,000 Tuition assistance programming is available at Morningstar Learning Center and BASE Moonlight Community Foundation offers two free weeks of summer camp Wellness in Action (WIA) offers camp scholarships POLICIES AND SUBSIDIES Some employers offer flexibility including the Big Sky Chamber of Commerce Big Sky Resort could be possible participant as its parent company, Boyne Resorts, offers options in other areas, plus Big Sky Resort already provides some help Yellowstone Club is exploring options EMPLOYER PARTICIPATION Online Survey Question: What specific challenges and/or nuances need to be considered when it comes to child care in your community? CHALLENGES + NUANCES Key themes: Key themes: Lack of qualified child care workforce Long waitlists Cost of living Lack of affordable housing Lack of affordable child care Lack of available child care Need for flexible hours and summer care Attraction and retention of child care workforce Transportation for kids from school to activities “We need more staff and a larger building! There are more than 30 people on the waitlist who need care!.” Big Sky child care provider “Our challenges include the local cost of living, housing availability, wages, cost of tuition as it relates to ability to pay living wages to staff/teachers. Child care is the cornerstone to a sustainable, thriving community. We must make big changes in order to support this critical cause.” Big Sky resident who cares about child care offerings 64286 DEMOGRAPHIC CHARACTERISTICS CHILD CARE + SCHOOL DATA Number of Licensed Providers 1 Licensed Infant Capacity 12 Licensed Preschool Capacity 32 Number of Students: Pre-K (2023-2024) Ophir 17 Number of Students: Kindergarten (2022-2023) - Ophir 50 Sources: https://dphhs.mt.gov/ecfsd/childcare/childcarelicensing/providersearch https://gems.opi.mt.gov/student-data DEMOGRAPHICS (2022) Population Size 2,825 Median Household Income $94,176 Median Age 37.2 Women in Child-Bearing Years (20-44)1,493 Population of Children Under 5 90 (3.2%) Women with Children Under the Age of 6 in the Labor Force* 85.8% *Women who may also have older children less than 18 years old. Sources: Kids Count Montana, U.S. Census, ACS 5-Year Estimates, B23003, S0101, S2503, S1301 65287 APPENDIX: A CLOSER LOOK AT BOZEMAN 66 Lack of affordable housing Low wages and overall challenges with affordability Opportunity for more training Need for better pay / better benefits CHILD CARE WORKFORCE Pre-K is offered at four schools: Emily Dickinson, Hyalite, Longfellow, Whittier After school care is offered at schools through the United Way KidsLINK program Additional summer care options are wanted CHILD CARE CURRENT SITUATION Despite its larger population base, Bozeman is not immune to the child care-related challenges being experienced throughout Gallatin County including the cost of living, affordable housing and continued growth. Bozeman is home to some of the largest employers in the county, two of which are offering child care for their employees (and their student parents): the Bozeman School District through the ABCDino Academy program at the high school; and Montana State University and its two programs, the Child Development Center (CDC) and the Associated Students of Montana State Child Care Center (ASMSU). XY Planning Network, another Bozeman-based employer, offers care at its XY Learning Center. OVERVIEW Some employers are offering flexibility to parents - and more is wanted XY Planning Network created XY Learning Center for its parents and community members Gallatin County may be building a child care for its employees Possible participants include Bozeman Health EMPLOYER PARTICIPATION Need for a higher income threshold to qualify for Best Beginnings Scholarships Interest in state-supported child care Interest in subsidies to cover operations and increase child care workforce benefits Need help in navigating licensing, etc. POLICIES AND SUBSIDIES 288 Online Survey Question: What specific challenges and/or nuances need to be considered when it comes to child care in your community? CHALLENGES + NUANCES Key themes: Cost of operating child cares Licensing challenges Lack of affordable housing Cost of living Families not being qualified for Best Beginnings Scholarships but not able to afford care Lack of affordable child care Lack of available child care Attraction and retention of child care workforce Need for flexible hours and summer care Pre-K at additional schools “Early child care centers should have government support similar to the public school system. I want to be able to keep my job and afford child care without having to sacrifice my career goals and path.” Bozeman parent “I'm so sad to see we have stopped talking about the quality of care. We have standards in place to assure children in child care are provided safe, healthy and developmentally appropriate protections. We need to be protecting the experiences of a child each day, not warehousing them to make it affordable.” Bozeman community member 67 289 DEMOGRAPHIC CHARACTERISTICS CHILD CARE + SCHOOL DATA Number of Licensed Providers (59715)18 Licensed Infant Capacity 154 Licensed Preschool Capacity 469 Number of Licensed Providers (59718 + 59717)41 Licensed Infant Capacity 252 Licensed Preschool Capacity 840 Number of Students: Pre-K (2022-2023) Bozeman Public Schools Emily Dickinson (1) Hyalite (10) Longfellow (5) Whittier (9) 25 Number of Students: Pre-K (2022-2023) Anderson School 0 Number of Students: Kindergarten (2022-2023) - Bozeman Public 530 Number of Students: Kindergarten (2022-2023) - Anderson School 18 Sources: https://dphhs.mt.gov/ecfsd/childcare/childcarelicensing/providersearch https://gems.opi.mt.gov/student-data 68 290 DEMOGRAPHICS (2022) Population Size 53,500 Median Household Income $74,113 Median Age 28.2 Women in Child-Bearing Years (20-44)12,715 Population of Children Under 5 1,782 (3.3%) Women with Children Under the Age of 6 in the Labor Force* 32.1% *Women who may also have older children less than 18 years old. Sources: Kids Count Montana, U.S. Census, ACS 5-Year Estimates, B23003, S0101, S2503, S1301 69 291 APPENDIX: A CLOSER LOOK AT FOUR CORNERS 70 Interest in stability and continuity among workforce Desire for those who have a background in early childhood education CHILD CARE WORKFORCE Need for care that starts before 8 am and ends after 4:30 pm based on commute times Interest in more age appropriate options for 4-5 year olds Preschool care that extended beyond 9-12 pm Frustration with expense of child care and inability to use based on illnesses, etc. CHILD CARE CURRENT SITUATION The Four Corners area has continued to grow and develop, offering places for both businesses and residential homes within a short drive to Belgrade and Bozeman. Zoot Adventure Learning Academy, an onsite daycare at Zoot Enterprises, is located in the area, as well as other licensed daycare offerings. Monforton School offers K-8th grades and hosts the Wildcat Workshops Afterschool Program. Given its geographical location, one community input participant noted the transportation challenges of living in the Four Corners area including: travel time to/from other communities; left hand turns into traffic; and transportation of kids to other locations for after-school activities OVERVIEW Zoot Enterprises is offering onsite daycare, plus contracts with other area businesses to provide slots for their employees Often seems to be more work than it’s worth - i.e., restrictions, feasibility, etc. Interest in employer flexibility to accommodate child care needs EMPLOYER PARTICIPATION Need a one-stop shop for setting up child care Interest in child care subsidies for MSU staff and students POLICIES AND SUBSIDIES 292 Online Survey Question: What specific challenges and/or nuances need to be considered when it comes to child care in your community? CHALLENGES + NUANCES Key themes: No public transportation Lack of options after normal work hours Lack of longer hours to accommodate those working full-time Cost of living Lack of affordable child care Lack of available child care Lack of providers Distance to providers “My family cannot get child care for our two year old (it is all too expensive with long waits). Anything to help with that would be appreciated. I would LOVE to work for an employer that helped with child care; it would not only be a huge help to my family, it would reflect the values I want in a workplace.” Four Corners parent DEMOGRAPHIC CHARACTERISTICS CHILD CARE + SCHOOL DATA Number of Licensed Providers 7 (estimated) Licensed Infant Capacity Not known Licensed Preschool Capacity Not known Number of Students: Pre-K (2022-2023) Monforton School 4 Number of Students: Kindergarten (2022-2023) - Monforton School 68 Sources: https://dphhs.mt.gov/ecfsd/childcare/childcarelicensing/providersearch https://gems.opi.mt.gov/student-data 71 293 DEMOGRAPHICS (2022) Population Size 5,631 Median Household Income $107,448 Median Age 34.8 Women in Child-Bearing Years (20-44)** Population of Children Under 5 455 (8.1%) Women with Children Under the Age of 6 in the Labor Force* ** **Statistically unreliable based on size of community Sources: Kids Count Montana, U.S. Census, ACS 5-Year Estimates, B23003, S0101, S2503, S1301 72 294 APPENDIX: A CLOSER LOOK AT GALLATIN GATEWAY 73 Challenges in securing elementary school teachers CHILD CARE WORKFORCE No existing licensed child care programs Closest program is Quail Hollow Camps in Bozeman are the best summertime options Interest in Pre-K program at the school CHILD CARE CURRENT SITUATION Gallatin Gateway doesn’t currently have any operating licensed child care programs for infants, toddlers and Pre-K, requiring parents and families to explore other options including family, friends and neighbor care, babysitters, and driving into Bozeman to find care. However, the Yellowstone Club is exploring establishing a child care program in the area, and a new license has recently been secured by a provider. In addition, the Gallatin Valley YMCA is now offering a Later Gators After School Program five days a week for elementary-age kids at the Gallatin Gateway School. The Bridge Church, located in Gallatin Gateway, has explored having child care at its building, but renovations would need to be made first. OVERVIEW Yellowstone Club is exploring options EMPLOYER PARTICIPATION Interest in looking at HB352 - funding opportunities for literacy development Interest in simplifying the licensing process POLICIES AND SUBSIDIES 295 Online Survey Question: What specific challenges and/or nuances need to be considered when it comes to child care in your community? CHALLENGES + NUANCES Key themes: Nothing currently exists Lack of facilities Bilingual child care More affordable options Subsidized child care Continue support of the YMCA Later Gator program “Private industry needs to start offering child care options to attract workers. Pre-K should be offered to 4 year olds throughout the state as part of public school. Assistance should be more readily available for low income families so that parents can both work and have their kid in care (and still make enough money to make working worthwhile).” Gallatin Gateway parent “I have employees in the local area, including myself, that need daycare and after school care options.” Gallatin Gateway business owner / employer and parent 74 296 CHILD CARE + SCHOOL DATA Number of Licensed Providers 1 (new!) Licensed Infant Capacity 0 Licensed Preschool Capacity 0 Number of Students: Pre-K (2022-2023) Gallatin Gateway 0 Number of Students: Pre-K (2022-2023) Cottonwood 0 Number of Students: Kindergarten (2022-2023) - Gallatin Gateway 16 Number of Students: Kindergarten (2022-2023) - Cottonwood 5 Sources: https://dphhs.mt.gov/ecfsd/childcare/childcarelicensing/providersearch https://gems.opi.mt.gov/student-data DEMOGRAPHIC CHARACTERISTICS 75 297 **Statistically unreliable based on size of community Sources: Kids Count Montana, U.S. Census, ACS 5-Year Estimates, B23003, S0101, S2503, S1301 DEMOGRAPHICS (2022) Population Size 886 Median Household Income $98,750 Median Age 43.4 Women in Child-Bearing Years (20-44)** Population of Children Under 5 56 (6.3%) Women with Children Under the Age of 6 in the Labor Force* ** 76 298 APPENDIX: A CLOSER LOOK AT MANHATTAN - AMSTERDAM - CHURCHILL 77 Lack of available workforce - hard to reach people to hire Manhattan Christian is offering free child care for its child care workforce Large amounts of training and requirements for providers CHILD CARE WORKFORCE Location challenges Lack of longer hours to accommodate those working full-time CHILD CARE CURRENT SITUATION The Manhattan - Amsterdam - Churchill area is facing similar challenges that others across Gallatin County are facing - including workforce challenges. For example, Manhattan Christian Early Learning Center was operating with 6 children in Fall 2023, yet its capacity is 47, and it has since closed. There also may be a lack of awareness of what child care is available and/or a lack of alignment of what is being offered and what families need. For example, during the community input session, the Gallatin Conservation District mentioned offering summer programs and Friday programs, but yet they didn’t reach a maximum number of participants. OVERVIEW Manhattan Christian is offering 50% off child care for its faculty EMPLOYER PARTICIPATION Interest in less complicated regulations Appreciation for the COVID relief funding Interest in subsidies to cover tuition expense POLICIES AND SUBSIDIES 299 Online Survey Question: What specific challenges and/or nuances need to be considered when it comes to child care in your community? CHALLENGES + NUANCES Key themes: Location Cost of living Lack of affordable child care Operational costs “Many child care options are preschool hours, only open to 3:30 or 4 pm and opening at 8 am or later. Working full time requires more hours.” Manhattan parent “We need to help the child care providers with the constant demands of running a child care facility - weekly food costs and deliveries, business consulting, affordable licensing hurdles, affordable educational requirements for educators/owners, stipends for toys/activities/curriculum.” Manhattan community member 78 300 CHILD CARE + SCHOOL DATA Number of Licensed Providers 4 Licensed Infant Capacity 19 Licensed Preschool Capacity 57 Number of Students: Pre-K (2022-2023) Manhattan School 0 Number of Students: Pre-K (2022-2023) Amsterdam School 0 Number of Students: Kindergarten (2022-2023) - Manhattan School 44 Number of Students: Kindergarten (2022-2023) - Amsterdam School 24 Sources: https://dphhs.mt.gov/ecfsd/childcare/childcarelicensing/providersearch https://gems.opi.mt.gov/student-data DEMOGRAPHIC CHARACTERISTICS 79 301 DEMOGRAPHICS: MANHATTAN (2022) Population Size 1,986 Median Household Income $57,045 Median Age 39.6 Women in Child-Bearing Years (20-44)** Population of Children Under 5 92 (4.6%) Women with Children Under the Age of 6 in the Labor Force* ** **Statistically unreliable based on size of community Sources: Kids Count Montana, U.S. Census, ACS 5-Year Estimates, B23003, S0101, S2503, S1301 DEMOGRAPHICS: AMSTERDAM (2022) Population Size 160 Median Household Income $90,625 Median Age 40.5 Women in Child-Bearing Years (20-44)** Population of Children Under 5 16 (10%) Women with Children Under the Age of 6 in the Labor Force* ** **Statistically unreliable based on size of community Sources: Kids Count Montana, U.S. Census, ACS 5-Year Estimates, B23003, S0101, S2503, S1301 80 302 DEMOGRAPHICS: CHURCHILL (2022) Population Size 1,081 Median Household Income $90,250 Median Age 40.1 Women in Child-Bearing Years (20-44)** Population of Children Under 5 48 (4.4%) Women with Children Under the Age of 6 in the Labor Force* ** **Statistically unreliable based on size of community Sources: Kids Count Montana, U.S. Census, ACS 5-Year Estimates, B23003, S0101, S2503, S1301 81 303 APPENDIX: A CLOSER LOOK AT THREE FORKS - WILLOW CREEK 82 Lack of available workforce Lack of affordable housing Low wages and overall challenges with affordability Opportunity for more training CHILD CARE WORKFORCE Licensed child care options in Three Forks have recently closed or are expected to close There are no licensed child care options listed in Willow Creek The Three Forks school district’s early childhood center has limited capacity based on lack of available workforce Only open Monday-Thursday A Friday care program was offered, but only 2-3 kids attended After school programs offered through United Way are an important asset CHILD CARE CURRENT SITUATION Three Forks and Willow Creek have limited child care options which often require them to bring their children to other larger communities for care. The Three Forks school district offers a four-day school week, and both Three Forks and Willow Creek offer pre-Kindergarten at their schools. In addition, the Three Forks school district provides child care. One community input session participant noted that the area may be experiencing a lack of volunteerism among community members, yet volunteers are critical to making small towns run. Another trend may be an increase in homeschooling with families accessing the Three Forks Community Library for story time, lessons, and other activities. OVERVIEW The Three Forks school district offers free child care to its director Possible participants could include Wheat Montana, GCC Trident Plant and/or Magris Talc America EMPLOYER PARTICIPATION 304 One participant in the community input session noted that they feel regulated to the point that they can’t operate There is interest in state-subsidized salaries for the child care workforce POLICIES AND SUBSIDIES Online Survey Question: What specific challenges and/or nuances need to be considered when it comes to child care in your community? CHALLENGES + NUANCES Key themes: Better hours for working parents More local child care options vs. bringing kids to Bozeman for care Child care needs to be good, clean, safe and staffed appropriately “Many start out as in-home child care, which Three Forks requires a home occupation so they need a conditional use permit in order to legally operate, a business license too, and then provide off street parking for all the vehicles dropping off/picking up and the employees. It is difficult to attain that all on a small residential lot. Perhaps the zoning requirements could be lessened for child care providers?” Three Forks parent 83 305 84 CHILD CARE + SCHOOL DATA Number of Licensed Providers - Three Forks 2 Licensed Infant Capacity - Three Forks 14 Licensed Preschool Capacity - Three Forks 41 Number of Licensed Providers - Willow Creek 0 Number of Students: Pre-K (2022-2023) Three Forks 5 Number of Students: Pre-K (2022-2023) Willow Creek Offered/Unknown Number of Students: Kindergarten (2022-2023) - Three Forks 73 Number of Students: Kindergarten (2022-2023) - Willow Creek 7 Sources: https://dphhs.mt.gov/ecfsd/childcare/childcarelicensing/providersearch https://gems.opi.mt.gov/student-data DEMOGRAPHIC CHARACTERISTICS 306 DEMOGRAPHICS: THREE FORKS (2022) Population Size 1,895 Median Household Income $77,674 Median Age 43.6 Women in Child-Bearing Years (20-44)** Population of Children Under 5 72 (3.8%) Women with Children Under the Age of 6 in the Labor Force* ** **Statistically unreliable based on size of community Sources: Kids Count Montana, U.S. Census, ACS 5-Year Estimates, B23003, S0101, S2503, S1301 85 DEMOGRAPHICS: WILLOW CREEK (2022) Population Size 211 Median Household Income $62,188 Median Age 40.7 Women in Child-Bearing Years (20-44)** Population of Children Under 5 32 (15.17%) Women with Children Under the Age of 6 in the Labor Force* ** **Statistically unreliable based on size of community Sources: Kids Count Montana, U.S. Census, ACS 5-Year Estimates, B23003, S0101, S2503, S1301 307 APPENDIX: A CLOSER LOOK AT WEST YELLOWSTONE 86 Lack of affordable housing Low wages and overall challenges with affordability Opportunity for more training Need for better pay / better benefits CHILD CARE WORKFORCE Some employers are offering flexibility to parents Little Rangers offers free care to workforce Yellowstone National Park could be a possible participant based on need for employees EMPLOYER PARTICIPATION Little Rangers serves the community but has been struggling financially Community members are offering help Critical to the community as many parents work multiple jobs Pre-K transitional kindergarten is being considered Expanded, flexible hours for care is often needed Summer camps and after school programming are also critical CHILD CARE CURRENT SITUATION The West Yellowstone tourism economy and its 24/7 employment require non-traditional child care offerings. Other challenges include low wages, lack of housing and a geographically-isolated community. In addition, there is a need to recruit young professionals to West Yellowstone to fill critical jobs (teachers, first responders, etc.) and offer affordable and available child care, plus housing options. Little Rangers Learning Center is the only licensed child care provider in West Yellowstone, and it’s been actively fundraising and working with the community to address its budget shortfalls. OVERVIEW Interest in looking at the lodging tax to help fund options Would like support from the city to operate child care Idea of offering free care to teachers, first responders as way to attract larger workforce POLICIES AND SUBSIDIES 308 Online Survey Question: What specific challenges and/or nuances need to be considered when it comes to child care in your community? CHALLENGES + NUANCES Key themes: Seasonal nature of tourist town Lack of affordable housing Cost of living Lack of affordable child care Lack of available child care Need for child care for all ages Lack of a long-term plan for child care, reliability Need for flexible hours and summer care Pre-K at school First-generation speakers and bilingual needs Attraction and retention of child care workforce Lack of qualified child care workforce Leadership and organizational challenges “We are a tourist community, some parents work evenings or switch around their schedule so a parent or family member can help with child care. Many parents have had to quit their jobs because they don’t have anyone to help watch their child.” West Yellowstone parent “The business model at our current daycare does not fit the needs/economics of our current daycare clients. Parents need to be able to pay hourly, not weekly. A professional wage with benefits and housing options need to be available to offer to a qualified director to run the daycare.” West Yellowstone resident who cares about child care offerings 87 309 88 CHILD CARE + SCHOOL DATA Number of Licensed Providers 1 Licensed Infant Capacity 6 Licensed Preschool Capacity 16 Number of Students: Pre-K (2022-2023) West Yellowstone 0 Number of Students: Kindergarten (2022-2023) - West Yellowstone 27 Sources: https://dphhs.mt.gov/ecfsd/childcare/childcarelicensing/providersearch https://gems.opi.mt.gov/student-data DEMOGRAPHIC CHARACTERISTICS DEMOGRAPHICS (2022) Population Size 1,147 Median Household Income $48,750 Median Age 34 Women in Child-Bearing Years (20-44)** Population of Children Under 5 76 (6.6%) Women with Children Under the Age of 6 in the Labor Force* ** **Statistically unreliable based on size of community Sources: Kids Count Montana, U.S. Census, ACS 5-Year Estimates, B23003, S0101, S2503, S1301 310 APPENDIX: CHILD CARE WORKFORCE DATA FOR GALLATIN COUNTY 89 JOB GROWTH AND JOB OPENINGS IN SOUTHWEST REGION OF MONTANA Source: Montana Department of Labor and Industry (MTDLI), 2022-2032 Occupational Employment Projections Although not available on the county-level, MTDLI offers insights on regional-level estimates of job openings. Gallatin County is in the Southwest region as shown below. The annual projected job growth in the Southwest region is estimated at 1.3%. Moreover, MTDLI estimates 178 annual child care workers job openings in the Southwest Region through 2032. The child care industry has one of the top 30 number of job openings, plus its average wages are some of the lowest. ANNUAL PROJECTED JOB GROWTH BY REGION 311 ANNUAL PROJECTED JOB OPENINGS FOR SELECT EARLY CHILDHOOD EDUCATOR OCCUPATIONS IN THE SOUTHWEST REGION Occupation Minimum Education Exits Transfers Growth Total Avg Wage Child care workers High school diploma 77 99 2 178 $26,480 Preschool teachers Associate degree 22 29 6 57 $32,750 Preschool and child care administrators Bachelor's degree 2 3 1 6 $48,950 Kindergarten teachers Bachelor's degree 6 7 1 13 $49,170 Elementary school teachers Bachelor's degree 36 42 6 84 $60,200 Source: Montana Department of Labor and Industry 2022-2032 Occupational Employment Projections in the Southwest Region. Exits refer to openings generated from labor market exits, like retirements. Transfer openings include openings due to employee turnover. Growth openings are generated due to an increase in demand for the occupation. Average wage from Occupational Employment Statistics (OEWS) 2022. https://lmi.mt.gov/Projections WAGES BY POSITION IN GALLATIN COUNTY Position Hourly Wage Director $24.66 Early Childhood Assistant Teacher $16.90 Early Childhood Teacher $21.11 Other Positions $24.02 Substitute Teacher $17.10 Source: Montana Early Childhood Project 90 312 APPENDIX: CHILD Task Force Members Child Care Connections Child care providers throughout Gallatin County City of Bozeman Family Promise Gallatin College Gallatin County Greater Gallatin United Way HRDC Montana Department of Labor & Industry Montana Early Childhood Project Montana State Legislators Montana State University Northern Rocky Mountain Economic Development District Spanish Peaks Community Foundation West Yellowstone Chamber of Commerce Yellowstone Club Big Sky Chamber of Commerce Below is a list of CHILD Task Force members who have been involved in this initiative. 91 313 APPENDIX: VISIONING SESSION: ONLINE SURVEY FEEDBACK To help guide the Child Care Visioning Session held with CHILD Task Force members, Gallatin ECCC members and others, an online survey was sent out to participants in advance. Below is a summary of the feedback received from the survey. Survey Feedback What needs to be done now to achieve accessible, affordable and thriving child care in Gallatin County? Overall Enhanced collaboration between non-profit, for-profit, and local govt. to support service delivery, resource mobilization, and financial support Policies to reduce the cost of providing child care enacted by both government and by employers Increase in Availability Additional quality facilities Additional child care spots Employer supported child care and facilities Child Care Providers Long-term financial support Supportive relationship with licensors Easier access for independent and nonprofit providers Support in developing / maintaining affordable, quality and sustainable care Higher wages Continuing education and required annual training Cap on facility rental fees Workforce incentives Positive "professional" perception of child care providers Families with Children Lower fees / costs for families Reduced barriers for those trying to access aid and support Education on what to expect: turnover, cost, etc. 92 314 Where do we prioritize? Overall Prioritizing at the policy level, perhaps tax incentives for providers or for employers Collaboration between non-profit, for profit and local government Increase in Availability Meeting with organizations who have a large number of employees with children 0-5 Child Care Providers Increasing financial stability for providers Establishing consistent funding from the state Providing infant and toddler spots Additional funding, grants, compensation, etc., for early learning staff Licensing process for new staff Training Families with Children Adjusting Best Beginnings rates Creating a subsidy to balance the gap for Gallatin County Focusing on low to moderate income families - not just low income Helping families that have limited income and struggle with parenting / parent workshops Additional funding areas/opportunities for affordable child care How do you want to be involved? Working on financials Meetings with business owners Representing the school district Strategy, funding, action Working with legislators and legislation, advocacy Funder, service provider, stakeholder, advocate Wherever talents, knowledge, and experience would be most beneficial. 93 315 APPENDIX: VISIONING SESSION: PREP WORK + AGENDA VISIONING SESSION GOALS What are we looking to achieve during this visioning session? Provide input for a shared vision for accessible, affordable and thriving child care in Gallatin County Identify a prioritized list of ways to tackle child care challenges in Gallatin County; overall objectives include: Retain and support existing providers Develop a sustainable provider model Expand affordable child care Confirm what’s not currently known but needs to be understood at the end of the community feedback sessions 94 What do we NOT want to do during this visioning session? We don’t want to focus on the problems and what’s wrong However, we do want to focus on solutions and how we’re going to implement change PREP WORK and GROUND RULES What do you need to know and do to prepare for this meeting? Take this quick survey by Sunday, Sept. 24 to provide us with your input: https://www.surveymonkey.com/r/CTF-2023 Review the agenda and the appendix before the meeting Consider your responses on the topics to be discussed Bring an innovative mindset; be ready to share your opinions and explore the unknowns There are no right or wrong answers; and it’s okay if you don’t have the answers Honest input is critical; there is no judgment, and anything shared is valued 316 AGENDA 12 pm Lunch* and Socializing *Lunch will be provided 12:25 pm Hello and Overview 12:30 pm Topic #1: Update from Zero to Five and Others What’s happening around the state in communities as it relates to child care What innovative approaches have been attempted Others: Anything else that’s new to share that’s of interest 12:50 pm Topic #2: Your Vision + Your Priorities (Survey Results + Discussion) What needs to be done now to achieve accessible, affordable and thriving child care in Gallatin County? Where do we prioritize? How do you want to be involved? 1:45 pm Topic #3: Breakout Groups into Prioritized Topics Break out into prioritized topic groups; topic groups are expected to include: How do we start up new child care businesses? How do we support the workforce? How do we make it affordable to families? How do we get more employers? How do we get more policies in place? Discuss potential solutions and action items for your prioritized topic Summarize and get ready to share your recommended next steps with the larger group 2:25 pm Break 2:30 pm Topic #4: Reports from Breakout Groups Each group to share recommendations based on prioritized topic (5-10 min per group) 3 pm Topic #5: Community Feedback/Workshop Sessions Who do you want to see included in the community feedback/workshop sessions? What topics do you want discussed? What questions do you want to have answered through community input? What do we need to know/have determined at the conclusion of these sessions? 95 317 3:30 pm Topic #6: Defining + Achieving Success What does success look like for the CHILD Task Force? How will we know if we’ve been successful? What needs to happen/be put in place for the CHILD Task Force to succeed? What does our team need to know to succeed? 3:50 pm Wrap Up + Next Steps Anything else that’s top of mind for you? Next steps 4 pm Conclude 96 318 APPENDIX: VISIONING SESSION: SUMMARY + KEY TAKEAWAYS ATTENDEES + NOTES 97 More than 20 people from across Gallatin County, including representatives from Zero to Five, participated in the CHILD Task Force’s Child Care Visioning Session on Sept. 25, 2023. Attendees joined in-person and virtually. In preparation for the visioning session, 12 of the invitees completed a short survey sharing their opinions on the following: what needs to be done now; where to prioritize; and how to be involved. After hearing what is happening around the state and discussing what needs to be done now to achieve accessible, affordable and thriving child care in Gallatin County, attendees agreed that three big areas of focus need to be: Workforce Retention; Employer Participation; and Policies and Subsidies. The attendees broke into three groups to brainstorm solutions and action items for the “three biggies” and reported back their key takeaways to the larger group. Potential solutions and action items are noted below: SUMMARY Workforce Retention Focus on professional development - training Outline the career path opportunities for employees Evaluate training / consolidate / seek state funding Connect staff to the work - emotional connection Access to affordable housing - landowner/developer tax incentives/credits if people living in their rentals/property are child care workers; rent reductions Consider new benefits including providing child care providers/employees with free child care, funded by the state Employer Participation Provide answers to commonly asked questions, FAQs for employer supported child care Insurance, space, licensing, cost, tax credits Transportation, utilization, etc. Develop a universal survey with questions for employers and employees Example: How many employees have you lost due to child care? Example: If you were offered a spot at a child care facility would you utilize it? 319 Build awareness and recognition through consumer education Family friendly businesses - seeing this as a competitive advantage Employees seeing this as a benefit Example: Family Forward Retention, recruitment Host an employer discussion/round table Employers who are interested or want to discuss further What it looks like - what are the barriers, who are the resource partners Launch a campaign with the chambers and Prospera as champions Share and promote existing resources How easy the solutions are Tough questions and issues Conduct a community needs assessment Policies and Subsidies Incentivize employer supported child care (i.e. tax credits) Improve the understanding about the connections/impact between child care and economic vitality Look at the low hanging fruit when it comes to subsidies (i.e., Best Beginnings Scholarship, child support - length of application) Address the insurance barriers Collect data to make a case for incentives Leverage existing and be voice for workforce Increase the number of people focused on the issue, offering new perspective and addressing lack of knowledge, framing up competitive landscape for employers Other Considerations Partnering with banks to invest in child care CRA banking: https://www.federalreserve.gov/consumerscommunities/cra_about.htm In addition, the attendees discussed the upcoming Community Feedback/Workshop Sessions and brainstormed ideas on participants, topics, questions to be answered and desired outcomes. The larger group also defined what success will look like for the CHILD Task Force and what needs to be in place for success to happen. 98 320 Other communities and businesses across Montana and the United States are working on finding solutions to child care challenges. Looking at what others are doing will be an important component of the Child Care Strategic Plan for Gallatin County. The three priority topics identified by the group are Workforce Retention, Employer Participation, and Policies and Subsidies. Initial ideas shared during the visioning session will be used to develop the strategic plan along with ideas from the Community Feedback/Workshop Sessions. As the group looks ahead to the Community Feedback/Workshop Sessions, they want to obtain solutions-focused, preventive-focused and future-focused ideas from the communities around Workforce Retention; Employer Participation; and Policies and Subsidies. A wide range of participants are desired, essentially those who could play a part in finding child care solutions - whether they know it or not. The group also noted that they want to make sure that LEP families and their needs are included. Success was defined in multiple ways by the group including: community-wide engagement; success and sustainability for current child care providers including increased worker retention rates; policy recommendations for local, state, federal, based on data; an established resource; and clear asks of the funders. In order to achieve that success, the visioning session attendees agreed that there will need to be clearly defined roles, expectations, and action items, including establishing committees for the “three biggies”. Next steps include organizing, scheduling and obtaining input from the group on specific people to invite to the upcoming Community Feedback/Workshop Sessions. KEY TAKEAWAYS 99 ATTENDEES Tori Sproles, Child Care Connections Jesse DiTommaso, City of BozemanDean Williamson, HRDC Jackie Haines, NRMEDDRhonda Schwenke, Zero to Five Lacey Bertram, ThriveDawn Zimdars, MTECP Leighann Miner, YCShelby Whelan, Zero to Five, MCCBC Kara Meier, BHMarilyn (Mars) King, BSD7 Mike Van Vuren, BSD7Taylor Boylan, ECP Alice Buckley, MT Legislature Tanya Andreasen, YCCF Sara Savage, HRDCNicole Berg, Gallatin College Jessica Dehn, Explore/DinoKim Hall, Greater Gallatin United Way Jane Gillette, Montana LegislatureBrit Fontenot, City of Bozeman 321 Zero to Five Shelby Whelan Community level support for child care innovation Work one on one with communities that received innovation fund through ARPA (30 grantees) Paced by the communities and FREE to collaborate Community cohort Help them facilitate a community conversation and collect data, gap analysis, facilitation, etc. Help with business planning and action planning to implementation First cohort - 6 communities Red Lodge, Blackfeet Nation, Flathead, Ravalli, Shelby, Toole, Choteau Second cohort - 8 communities Big Horn, Broadwater(2), Cascade, Jefferson, Sanders, Lincoln, Yellowstone Alex: Business Engagement Policies, advocacy and businesses Awareness Community coalition work- community policy building 30 innovation grantees 100 Zero to Five Rhonda Schwenke Grant received through ARPA to state MT Child Care Business Connect Focused on the business end5 arms of the grant Individual business advising and consultationProfessional development Web resource hubFocused on owning and operating a child care business Business accelerator mentorship programOutside industry - startups or expansions 8 mentors paired with 8 protégés Focused on start up 3 open, 3 almost openCommunity Work Family Forward MT initiative - multiple aspectsSupporting employers with family friendly practices NOTES FROM VISIONING SESSION Topic #1: Update from Zero to Five and Others What’s happening around the state in communities as it relates to child care? What innovative approaches have been attempted? Others: Anything else that’s new to share that’s of interest? 322 Topic #2: Your Vision + Your Priorities (Survey Results + Discussion) What needs to be done now to achieve accessible, affordable and thriving child care in Gallatin County? Where do we prioritize? How do you want to be involved? What Needs to Be Done Now: Overall Enhanced collaboration between non-profit, for-profit, and local govt. to support servicedelivery, resource mobilization, and financial support Policies to reduce the cost of providing child care enacted by both government and byemployers Changing the perception that child care is an everyone issue/community issueMore employer participation and engagement in child care Some employers are worried about inequity about providing benefits Need legal counsel for employers Cost barriers Incentivize staff Family Forward is looking at some of these issues as well It would be good to see an employer led coop FSAInvestment coop - child care will hold waitlist spots What Needs to Be Done Now: Increase in Availability Additional quality facilities Additional child care spots Employer supported child care and facilities Sustainability for child care providers What Needs to Be Done Now: Child Care Providers Long-term financial support Supportive relationship with licensors Easier access for independent and nonprofit providers Support in developing / maintaining affordable, quality and sustainable care Higher wages Continuing education and required annual training Cap on facility rental fees Workforce incentives - incentivize the staff Positive "professional" perception of child care providers Additional workforce 101 What Else is Happening at the State Level? Child Care Worker Best Beginnings Scholarship Program 250% FPL, capped copay at $100Best Beginnings Scholarship increased eligibility 185% FPL, 9% copay cap, full enrollment paid vs attendanceChild care licensing packet will be released soon - open for public comment 5 STAR System - Best Beginnings STARS to Quality (State Quality Rating ImprovementSystem) is being revamped currently. Working with nationwide experts. 323 Where Do We Prioritize? Overall Prioritizing at the policy level, perhaps tax incentives for providers or for employers Collaboration between non-profit, for profit and local government Employer participation Increase in Availability Meeting with organizations who have a large number of employees with children 0-5 Employer participation Keeping and creating spots Child Care Providers Increasing financial stability for providersEstablishing consistent funding from the state Providing infant and toddler spots Additional funding, grants, compensation, etc., for early learning staff Licensing process for new staffTraining Workforce retentionAccess to capital Families with Children Adjusting Best Beginnings rates Creating a subsidy to balance the gap for Gallatin CountyFocusing on low to moderate income families - not just low income Helping families that have limited income and struggle with parenting / parent workshopsAdditional funding areas/opportunities for affordable child care How To Be Involved? Working on financials Meetings with business ownersRepresenting school district Strategy, funding, actionWork with legislators, advocacy Funder, service provider, stakeholderWherever talents, knowledge, etc. would be most beneficial What Needs to Be Done Now: Families with Kids Lower fees / costs for families Reduced barriers for those trying to access aid and support Education on what to expect: turnover, cost, etc. Reducing barriers for qualification of subsidies Non-traditional hours Creative solutions on hours Leadership /bBusiness retention activities Culture building Management 102 324 Topic #3: Breakout Groups into Prioritized Topics Break out into prioritized topic groups. Discuss potential solutions and action items for your prioritized topic. Summarize and get ready to share your recommended next steps with the largergroup. Topics Chosen for Breakout Discussions Workforce RetentionEmployer Participation Policies and Subsidies Topic #4: Reports from Breakout Groups Each group to share recommendations based on prioritized topic (5-10 min per group). Workforce Retention Barriers Training - 16 hours - orientation and ongoing Younger employees = parents + spouse Wages, benefits, stability, retirement, health insurance Stability around employers Solutions Professional development - training Support - degrees - who, career - higher education Evaluate training / consolidate State funding to pay for training Connecting staff to the work - mission - training - emotional connection Making it a career path Affordable housing - tax incentives to landowners if they have people living in their rentals/property that are child care workers [HOAs - Texas] - rent reductions Tax credits for developers Child care providers/employees would get free child care funded by the state Workforce Retention Benefits of employer supported child care OnsiteFamily friendly policies Disconnect is translating all the benefits to employersProfit and productivity need to be at the forefront, cost Speak the language of the employersBusiness case for child care What does it cost to “retrain” vs. paying for child care?Challenges Need for year-round care - summer care neededSolutions Commonly asked questions, FAQs for employer supported child careInsurance, space, licensing, cost, tax credits Transportation, utilization, Big Sky - Ophir 103 325 Universal survey that had very detailed questionsExample: If you were offered a spot at a child care would you utilize it? Detailed reasons why How many employees have you lost due to child care? Consumer educationFamily friendly businesses - seeing this as a competitive advantage Employees seeing this as a benefitExample: Family Forward Retention, recruitment Employer discussion/round table Employers who are interested or want to discuss further What it looks like - what are the barriers, who are resource partners Campaign - Chambers, Prospera - championsShare and promote existing resources How easy the solutions are Tough questions and issues Community needs assessment Policies and Subsidies HOAs in Texas Challenge There is not a large appetite/interest to expand subsidies Solutions Employer supported child care More incentives for employers to participate (i.e. tax credits) Improving the understanding about the connections between child care and economic vitality - impact - voices in conversation Low hanging fruit when it comes to subsidy Best Beginnings Scholarship Child support - length of application Looking at addressing insurance barriers Action items Collecting data to make a case for incentives Clear understanding of the economic snapshot/impacts What does it cost a woman when she leaves the workforce/cost of turnover If someone leaves the workforce does it cost more for state subsidies than it would for cost for child care Leverage existing - voice for workforce Tax credits went away because employers weren’t utilizing them We think that the environment has changed and that more employers are looking to support child care and families that work for them More focus from more people - new perspective - lack of knowledge - competitive landscape for employers Things to think about: Partnering with banks to invest in child care CRA banking https://www.federalreserve.gov/consumerscommunities/cra_about.htm 104 326 Topic #5: Community Feedback/Workshop Sessions Who do you want to see included in the community feedback/workshop sessions? What topics do you want discussed? What questions do you want to have answered through community input? What dowe need to know/have determined at the conclusion of these sessions? Who needs to be there? County developersCurrent child care providers Businesses/business ownersBankers Parents: including prenatal and those who are actively family planning Low income families LEP families (limited English proficiency) High schoolers/college students (those who are thinking about family and career) Policy makers - staff and elected officialsEquity and Inclusion: Belonging in Bozeman group Real estate agents / land developers - residential and commercial School districts Montana State - teacher certification oppsForecasters - demographic trends Rental companies - property managers Insurance companies and agents - legal and risk LawyersFaith-based organizations Non-profitsCommunity foundations Related community groupsEarly Childhood Coalitions Diversity in geography What topics do you want discussed? Solutions-focused - vision/future-focused - preventive-focused - looking ahead Start with the three priorities from this groupWorkforce Retention Employer ParticipationPolicies and Subsidies *Note** LEP families + needs are addressed What questions do you want to have answered? What have you already tried? Offer solutions, resources, capital, ideas, etc. Opportunity for connection What’s most important to you? What’s the highest value? What has prevented you from moving forward? Barriers? Who wants to be part of the solution?What part can you play? What resources do you have?What connections do you have? What data do you have to share?What data are you wanting to see? 105 327 What would your community look like? What specific community specific challenges/nuances? Tell the stories - what does the future look like in your industry? Community? What do you want the future to look like? Set up the participants with the “why”, some prep work What’s happening = background information Prevention focused, solution focused, future focused Paint a picture of what “ideal” looks like and how can we get there? Collecting data during the day and share compilation afterward - qualitative Are financial challenges impacting? What do we need to know/have determined at the conclusion of these sessions? How to fix the child care issue? How are we going to fix it?Who is going to help us fix this? Action items: How is this time different?Professional pressure - peer pressure - solve / cause - reason - why Example: City investing in housing Example: Jim at First Security Bank - housing fund Group of influencers - involved - why/individualsWhat would it take to require child care space? Brand new market rate Zoning regulations - limited impact Topic #6: Defining + Achieving Success What does success look like for the CHILD Task Force? How will we know if we’ve been successful?What needs to happen/be put in place for the CHILD Task Force to succeed? What does our team need to know to succeed? What does success look like for the CHILD Task Force? How will we know if we’ve beensuccessful? Helping current providers succeed Retention and sustainability in current child care programming Max out existing child care - workforce Policy recommendations for local, state, federalIncreased worker retention rates New data that will support policy recommendations - employees/familiesResources available for employee Community engagement - collaboration Employer engagement - upfront info Supportive conversations Resource - research Clear asks of fundersCommon language What do we want to fund? 106 328 What needs to happen/be put in place for the CHILD Task Force to succeed? Roles, expectations, action items, qualityThree groups = three topics Establish committees for the “three biggies”Have representation from diverse groups All stakeholdersRotating people/leaders Leadership in each group and clearly defined roles What needs to be known? PrioritizeWhat can be replicated? Why do some things don’t work/ do work? Existing resources 107 329 APPENDIX: AGENDA FOR COMMUNITY INPUT/FEEDBACK SESSIONS Community input and feedback sessions were held across Gallatin County in the following locations: Big Sky Belgrade Bozeman Four Corners Gallatin Gateway Manhattan / Amsterdam / Churchill Three Forks West Yellowstone The agenda that was used to guide the community sessions was based on the outcomes from the visioning session and is included below. Welcome + Overview (3 minutes) What Currently Exists in Your Community (10 minutes) What positive things are already happening in this community that support accessible, affordable and thriving child care? Topic #1: Child Care Workforce Retention (10 minutes) What are the opportunities to better support and retain those who work in child care? What do you see as the future vision for a successful child care workforce? Topic #2: Employer Supported Child Care (15 minutes) Are you aware of any employer supported child care options in this area? Are you interested in offering/accessing employer supported child care? Why/why not? What questions do you have about employer supported child care? What does employer supported child care look like to you? What is needed to make employer supported child care a reality? Topic #3: Policies + Subsidies (10 minutes) Are you aware of any policies and/or subsidies that support accessible, affordable and thriving child care in this area? Are you aware of any policies and/or subsidies that do NOT support accessible, affordable and thriving child care in this area? What policies and/or subsidies do you want to see in place?108 330 Community Specific Challenges (5 minutes) What specific challenges and/or nuances need to be considered for this community? Big Picture (5 minutes) What will your community look like when there are accessible, affordable and thriving child care options? Wrap Up + Conclude (2 minutes) OVERVIEW Who should attend these community feedback/workshop sessions? Anyone who impacts, influences, cares and/or wants child care options: community leaders, policy makers, business owners, employers, child care providers, parents, future parents, schools, bankers, lawyers, insurance agents, non-profits, faith-based organizations, community groups, developers, real estate agents, property managers, etc. Who is hosting these community feedback/workshop sessions? These sessions are being hosted by the CHILD (Cooperative, Holistic, Innovative, Local, Design) Task Force. The task force is made up of members from Child Care Connections, HRDC, Northern Rocky Mountain Economic Development District, MT Early Childhood Project, Big Sky Chamber of Commerce, Spanish Peaks Community Foundation, Gallatin College, Gallatin United Way, Montana state legislators, West Yellowstone Chamber of Commerce, local financial institutions, MT Department of Labor & Industry and more. Why are these community feedback/workshop sessions being held? The CHILD Task Force is seeking community input on how to achieve a shared vision for accessible, affordable and thriving child care throughout Gallatin County. The purpose of these 60-minute sessions is to focus on solutions – now and in the future. The input gathered during these sessions will be used to inform and guide the Gallatin County Child Care Strategic Plan. What do you need to do and know? Bring an innovative mindset; be ready to share your opinions and offer suggestions There are no right or wrong answers; and it’s okay if you don’t have the answers Honest input is critical; there is no judgment, and anything shared is valued What do we NOT want to do during these 60-minute sessions? We don’t want to focus on the problems and what’s wrong However, we do want to hear ideas and solutions on how to implement change 109 331 APPENDIX: COMMUNITY INPUT: SURVEY ANALYSIS More than 420 people from across Gallatin County responded to an online survey and shared their thoughts about child care in Gallatin County. Below is a summary of what was shared. COMMUNITY SURVEY INPUT BY COMMUNITY Q. Select your community. Belgrade 80 Big Sky 40 Bozeman 187 Four Corners 13 Gallatin Gateway 21 Manhattan / Amsterdam / Churchill 14 Three Forks / Willow Creek 7 West Yellowstone 77 COMMUNITY SURVEY INPUT BY CHILD CARE INVOLVEMENT Q. Which of the following best describes you? Care about Child Care Options 179 Want Child Care Options 176 Provide Child Care Options 39 Work Impacts Child Care Offerings 28 110 332 COMMUNITY SURVEY INPUT BY COMMUNITY ROLE Q: Which of the following best describes your role in the community? Parent / future parent 302 Engaged community member 188 School / teacher / administrator / volunteer 64 Business owner / employer 61 Child care provider 46 Non-profit, faith-based organization, community group 41 Community leader 32 Policy maker / local government 11 Banker, lawyer, insurance agent 8 Developer, real estate agent, property manager 8 Healthcare provider 6 Counselor / therapist 4 Other 4 111 333 STEPS TO ACHIEVE ACCESSIBLE, AFFORDABLE AND THRIVING CHILD CARE Q. What needs to be done now to achieve accessible, affordable and thriving child care in your community? Q. What needs to be done now to achieve accessible, affordable and thriving child care in your community? Key themes (from those who provide/impact child care offerings): More funding for child care providers Incentives for child care workers Increased income Decreased cost of living Offer pre-K at the school Public early childhood education Discounts for families with 2 or more kids Key themes (from those who want child care options): More affordable housing options More child care options (database) More affordable options Better funding Continued regulations Better hours for working parents (including summer care) Incentives for employers who provide child care or paid parental leave Scholarships for child care Incentives for child care providers who meet quality criteria and who provide livable rates More flexible options from employers (i.e., four-day work weeks) Offer work credit to those in early childhood development majors if provide child care Conduct audit to determine where spaces are available for child cares (i.e., churches) Child care tax credit/stipend to help pay livable wages to child care workers BELGRADE “Whole community, region, state and national support. We must all chip in or contribute in some way to support providers so we can grow the number of high quality spots available. This is especially true for those with large amounts of money, resources and influence like big businesses, the wealthy, county and state governments. They must contribute funds, resources, spaces, strategic planning support, and their influence to address this incredibly complex challenge we all face.” Belgrade, Parent / Future Parent, Wants Child Care Options 112 334 Key themes (from those who care about child care options): Decrease costs of child care (more affordable options) Increase options Education on what it takes to license a child care Subsidize child care Increase threshold for Best Beginnings Scholarships Provide more tax benefits and reimbursement options Offset staffing and regulation costs Support and educate those who want to start child care options (sponsor/partners) Employer provided child care More background checks Reinstatement of child tax credit Livable wages for all Professional development Less expensive locations Zoning considerations “Subsidy for child care providers & low-income families, employers providing child care, affordable insurance for child care providers, relaxed development code and zoning code for child care, prohibit HOA covenants restricting child care, flexible financing options for child care, increased wages for child care providers, more after-school programs for school age children and higher wages for teachers offering after school programs or volunteer opportunities or tax incentives for the schools, child care cooperatives, grant funding, city/county/state initiatives or support.” Belgrade, Community Leader, Cares about Child Care Options Q. What needs to be done now to achieve accessible, affordable and thriving child care in your community? Key themes (from those who provide/impact child care offerings): Retain staff Better pay / better benefits Housing Larger facility Funding Decrease cost of living expenses (food, housing) Co-operative child care by parents in the community Pre-K available at the school BIG SKY 113 335 Key themes (from those who want child care options): Better pay / better benefits More options for infants and toddlers More options for days, times, part-time, etc. Subsidized child care Housing for child care providers Key themes (from those who care about child care options): Funding Subsidized care by employers More options for days, times, etc. Better pay / better benefits Housing for child care providers New facility HOAs to allow home-based options Q. What needs to be done now to achieve accessible, affordable and thriving child care in your community? Key themes (from those who provide child care offerings): Better pay / better benefits More workforce Higher income threshold to qualify for subsidies Easier to get licensed Child care options (database) Funding; state-supported child care Perks for long-term employees Cost of renting spaces, employees, insurance BOZEMAN 114 336 “To achieve accessible, affordable, and thriving child care in our community, several crucial changes are imperative, considering the challenges faced as a daycare owner. First and foremost, there's a looming concern about the future difficulty in addressing this issue. Drastic and swift measures are essential. One major hurdle I encounter is the exorbitant cost of renting properties in this area. As a preschool operating in a group child care home, the licensing limits the number of children to 15, contributing to higher tuition rates due to the restricted capacity. To alleviate this, there should be a reconsideration of licensing regulations, allowing for a higher number of children based on available space in residential locations. The affordability struggle is compounded by the impracticality of regulations set by the Department of Public Health and Human Services (DPHHS). The process of hiring qualified staff is hindered by a lengthy approval period, which can take up to 1.5 months. This delay poses a significant challenge, especially in emergencies when immediate staffing is crucial. There's a pressing need for a more efficient and flexible system, perhaps incorporating a grace period between document submission and approval to enable timely workforce adjustments. Furthermore, the issue of teacher compensation is paramount. Competing with jobs offering higher wages, such as cleaning services with rates of $25 per hour, is challenging. While I don't have a definitive solution, it's evident that increased financial support, possibly from government initiatives, is necessary to ensure fair compensation for the vital role teachers play in child care. This is a systemic issue that cannot be solely addressed by private child care businesses but requires government intervention to establish sustainable solutions. In essence, for accessible, affordable, and thriving child care, a comprehensive review of licensing regulations, efficient staffing procedures, and financial support for educators is essential to create a more robust and equitable child care system in our community.” Bozeman, Child Care Provider / Business Owner Key themes (from those who do work that impact child care offerings): More child care options More affordable options Better pay / better benefits Provide transportation for rural students Offer before and after school options on campuses Education / professional development Sliding fee scale More training Key themes (from those who want child care options): Address cost of living, cost of housing More child care options More affordable options More infant care options Free preschool for all families with children ages 4 and up Incentives for providers who are licensed, continuing education, etc. 115 337 Better pay / better benefits Subsidies to cover operations, water, electricity, property taxes, etc. Subsidies for retrofitting locations for centers Subsidies to supplement staff pay, tax credits for child care expenses, housing subsidies Flexibility from employers, employer supported options Address HOA restrictions for in-home care After school care Summer care Increased state funding for licensed child care providers to retain staff and provide safe care with appropriate staff to child ratios Better hours for working parents, non-traditional hours Lower the threshold for Best Beginning Scholarships “Please set up infant to 5 year old child care at each elementary, middle and high school. There would be advantages to parents, child care staff, community members who are not wanting child care centers in their backyards and most importantly, for the children. This would aid parents with more than one child in the school system, aid specialists who need to work with these children and their caregivers, and provide the community with a centralized, easily supervised location. There are many more reasons but it’s late, and I’m too tired to list them here now. Contact me! Laurie at 707 599-6622 Thanks!” Bozeman, Parent / Future Parent, Wants Child Care Options “Early child care centers should have government support similar to the public school system. I want to be able to keep my job and afford child care without having to sacrifice my career goals and path.” Bozeman, Parent / Future Parent, Wants Child Care Options Key themes (from those who care about child care options): More child care options More infant care options More affordable options More high quality options Year-round schools Streamline licensing and background checks; reduce barriers to opening and operating a child care business; lower the barrier to entry for providers, both regulatory and financial by leveraging local, state and fed govt programs to fund/subsidize child care for the workforce More state funding Assistance in paying tuition Subsidize child care (tourism tax) 116 338 Better pay / better wages (without impacting families) Better hours for working parents, non-traditional hours Partnerships among organizations, schools, providing access, grants, and City, funding to support quality child care Offer pre-K at the school Affordable housing Employer support “I'm so sad to see we have stopped talking about the quality of care. We have standards in place to assure children in child care are provided safe, healthy and developmentally appropriate protections. We need to be protecting the experiences of a child each day, not warehousing them to make it affordable.” Bozeman, Engaged Community Member, Cares about Child Care Options Q. What needs to be done now to achieve accessible, affordable and thriving child care in your community? Key themes: More child care options More affordable options Subsidized child care Tax breaks for developers providing land for child care More support and training for child care providers Public transportation to access offerings Better hours for working parents, non-traditional hours FOUR CORNERS Q. What needs to be done now to achieve accessible, affordable and thriving child care in your community? Key themes: Nothing currently exists More child care options More affordable options Subsidized child care Continue supporting the YMCA Later Gator program GALLATIN GATEWAY “1. Private industry needs to start offering child care options to attract workers 2. Pre-K should be offered to 4 year olds throughout the state as part of public school 3. Assistance should be more readily available for low income families so that parents can both work and have their kid in care (and still make enough money to make working worthwhile).” Gallatin Gateway, Parent / Future Parent, Want Child Care Options 117 339 Q. What needs to be done now to achieve accessible, affordable and thriving child care in your community? Key themes: Subsidies for daycares Lower rent for providers Better pay for providers More child care options Incentivize new child care businesses Support child care businesses Offer pre-K at the school More affordable: provide scholarships for those who can’t afford to pay for pre-K Lack of child care workforce MANHATTAN / AMSTERDAM / CHURCHILL “We need to help those business owners with the constant demands of running a child care facility -- weekly food costs and deliveries, business consulting, affordable licensing hurdles, affordable educational requirements for educators/owners, stipends for toys/activities/curriculum.” Manhattan / Amsterdam / Churchill, Community Member, Who Wants Child Care Options Q. What needs to be done now to achieve accessible, affordable and thriving child care in your community? Key themes: More child care options Better hours for working parents More affordable THREE FORKS Q. What needs to be done now to achieve accessible, affordable and thriving child care in your community? Key themes (from those who provide/impact child care offerings): Affordable housing Better pay / better benefits Training Funding Incentives WEST YELLOWSTONE 118 340 Key themes (from those who want child care options): More options Support from the city to operate Subsidize the child care, support current caregivers Website/group/resource that links parents to caregivers Lack of consistent care Availability Affordability Affordable housing Accredited administrators and teachers Better pay / better benefits Pre-K at the school Free child care for teachers Offer more scholarships Attract and retain providers Expanded hours Funding options Key themes (from those who care about child care options): Affordable Reliable Housing Better pay / better benefits Staffing Attract and retain quality professionals Cost of child care Positive work environment Funding More options Community support After school program 119 341 SUPPORT FOR THOSE WHO WORK IN CHILD CARE Q. What are the opportunities to better support and retain those who work in child care? Q. What are the opportunities to better support and retain those who work in child care? Key themes (those who provide/impact child care offerings): Better pay / better benefits Funding Less trainings / more efficient trainings / trainings based on experience Incentivize training and education Community support BELGRADE Key themes (those who want child care options): Better pay / better benefits Free child care for providers Work credits for high school and early childhood development students if they work in licensed child care facilities Tuition reimbursement Professional development Affordable housing Key themes (those who care about child care options): Better pay / better benefits Free child care for providers Positive work environment Flexible hours Educational and school repayment opportunities Reduce litigation and over regulation of child care businesses Professional development, continuing education Q. What are the opportunities to better support and retain those who work in child care? Key themes (those who provide/impact child care offerings): Better pay / better benefits Housing Training More child care options Training More staff to reduce stress BIG SKY 120 342 Key themes (those who want child care options): Better pay / better benefits Child to teacher ratios Flexibility Cost-of-living stipends Housing Assistance with child care Key themes (those who care about child care options): Housing New child care center Better pay / better benefits (balanced by higher costs) Offer discounts and perks to child care providers Mental health support Flexible schedules Q. What are the opportunities to better support and retain those who work in child care? Key themes (from those who provide child care offerings): Better pay / better benefits Grant opportunities Free child care for employees Training Incentives College tuition repayment for service BOZEMAN “Help streamline the process for getting approved on a facility list through the licensing office. Take into consideration other degrees and job fields that work with Early Childhood to count towards levels in ecp. Make it an easier process for somebody to become lead qualified. Reimbursement for completing certain classes.” Bozeman, Provide Child Care “Child care is HARD. I work 50 hour weeks (not counting curriculum prep, cleaning, shopping, and setup). I have no sick leave. My vacation days have to be scheduled far in advance. I’m alone with 6-8 kids aged 4 and under, and it’s lonely and isolated. Covid dramatically changed how kids relate to each other, and they now have to be taught how to play with other kids. Parents don’t appreciate child care workers and often arrive early to drop off their children and are late to pick up their children. I'm raising other people’s children and looked down on for not doing something with more social capital. I don’t know how to retain people in this line of work, because I plan to get out when both of my kids enter elementary school.” Bozeman, Provide Child Care 121 343 Key themes (from those who do work that impact child care offerings): Better pay / better benefits Training (stipends) Resources Lower rent Key themes (from those who want child care options): Affordable housing Subsidized housing - https://www.nytimes.com/2023/09/30/nyregion/child-care-teachers- housing-connecticut.html) Better pay / better benefits Training Time off Perks from the community Paid continuing ed Grants in exchange for accepting low income families Offer incentives for continued work Larger workforce - support sick/personal days - substitute pool Mental health support Student loan forgiveness programs Tax credit for all teachers with certain accreditations/ trainings Tax incentives for commercial landlords to reduce rent costs Government support Work-study grants through MSU Free child care Key themes (from those who care about child care options): Better pay / better benefits Enhanced training Educating parents State funding support Subsidies Cost of living, of operations Affordable housing Support Free child care More facilities Enough staff to cover sick leave Professional development opportunities Hire MSU students w child development majors for child care in exchange for independent study class credits 122 344 Q. What are the opportunities to better support and retain those who work in child care? Key themes: Days off / mental health support Subsidies for those who meet certain standards of care Better pay / better benefits Free child care for the employees Flexible schedules FOUR CORNERS Q. What are the opportunities to better support and retain those who work in child care? Key themes: Living wages / better pay / better benefits (balanced with high child care prices) Affordable housing Government support Scholarships for higher education Free child care for the employees Benefits from other businesses Days off / mental health support Training GALLATIN GATEWAY Q. What are the opportunities to better support and retain those who work in child care? Key themes: Better pay / better benefits (balanced with high child care prices) More efficient and supportive state certification process for independent providers Training Grants to help with supplies / equipment / better facilities Subsidies MANHATTAN / AMSTERDAM / CHURCHILL Q. What are the opportunities to better support and retain those who work in child care? Key themes: Better pay / better benefits Training Support More staff for increased flexibility THREE FORKS 123 345 Q. What are the opportunities to better support and retain those who work in child care? Key themes (from those who provide/impact child care offerings): Better pay / better benefits Affordable housing Free / discounted child care for providers Free training Mentors for providers / teachers Translators Key themes (from those who want child care options): Better pay / better benefits Supportive funding Training Affordable housing Resort tax, nightly rental tax Better support Key themes (from those who care about child care options): Better pay / better benefits Training More staffing Housing Funding Better legislative financial support More resources Help navigate state laws to retain child care workers Welcoming environment for staff will also help retention Community support WEST YELLOWSTONE “Maybe all of the child care facilities in Gallatin Co and become a co-op type of entity and have better healthcare options for staff.” West Yellowstone, Cares about Child Care Options 124 346 Q. Please take a moment to explain your response. YES, INTERESTED IN ACCESSING “MSU, where I work, should offer more child care options to campus employees, and do so at a reduced rate to incentivize jobs here and attract and retain employees. People turn down positions here because they cannot find child care here.” Gallatin Gateway, Parent / Future Parent, Wants Child Care Options “My family cannot get child care for our two year old (it is all too expensive with long waits). Anything to help with that would be appreciated. I would LOVE to work for an employer that helped with child care; it would not only be a huge help to my family, it would reflect the values I want in a workplace.” Four Corners, Engaged Community Member, Parent / Future Parent, Wants Child Care Options Accessing: Yes, I’m interested in accessing employer supported child care.127 Accessing: No, I’m NOT interested in accessing employer supported child care.11 Offering: Yes, I’m interested in offering employer supported child care.16 Offering: No, I’m NOT interested in offering employer supported child care.10 125 ACCESSING EMPLOYER SUPPORTED CHILD CARE Q. Are you interested in accessing employer supported child care? OFFERING EMPLOYER SUPPORTED CHILD CARE Q. Are you interested in offering employer supported child care? 347 Q. Please take a moment to explain your response. YES, INTERESTED IN OFFERING “I have employees in the local area, including myself, that need daycare and after school care options.” Gallatin Gateway, Business Owner / Employer, Parent / Future Parent, Engaged Community Member, Wants Child Care Options NO, NOT INTERESTED IN OFFERING “We don’t have enough employees to make this feasible.” Four Corners, Business Owner / Employer, Parent / Future Parent, Engaged Community Member, Cares About Child Care Options Q. What specific challenges and/or nuances need to be considered when it comes to child care in your community? Key themes (those who provide/impact child care offerings): Cost (of child care) More funding for child care providers Higher pay for providers Early intervention for speech, occupation and physical therapy Lack of affordable options Lack of high enough wages for child care providers Key themes (those who want child care options): Cost (of housing, of child care, of living) Lack of infant care Lack of quality care Lack of access Lack of knowledge about quality providers Lack of options for full-time care / limited hours and days Offer pre-K at the school BELGRADE 126 CHALLENGES + NUANCES TO BE CONSIDERED Q. What specific challenges and/or nuances need to be considered when it comes to child care in your community? 348 “As with everything in Gallatin County, costs are going up, and child care is no exception. Many families want their providers and teachers to be compensated not only fairly, but in a way where they can stay in their roles as a career. I feel that the burden can no longer be solely on parents and providers to figure this out. I personally love the idea of public day care and preschool. As a parent I pay about $13,000 a year in child care (the lower end for Gallatin County) and I would love for the government and taxpayers to invest in our future and current workforce. A government system may offer some protection and consistency for providers and parents alike. That’s not to say current private centers couldn’t exist, but costs are becoming untenable for many families and providers alike.” Belgrade, Parent / Future Parent, Engaged Community Member, Wants Child Care Options “A lot of the challenges of child care could be lessened or mitigated with better paid parental leave policies.” Belgrade, Parent / Future Parent, Engaged Community Member, School / Teacher / Administrator, Wants Child Care Options “I personally think that employers are the ones that can have the biggest impact. For many jobs, there is no need to enforce a 9-5 policy. While there is a lot of focus on employer-provided maternity leave and child care, I think what most parents want is more time with their children and rightfully so. Us as employers need to rethink how we do business and assess if our standard ways of doing things, like employee schedules, are really necessary.” Belgrade, Parent / Future Parent, Engaged Community Member, Business Owner / Employer, Wants Child Care Options Key themes (those who care about child care): Lack of providers Cost (of child care, of living, for workforce, for operations) Distance to providers Lack of options after normal work hours Quality options Q. What specific challenges and/or nuances need to be considered when it comes to child care in your community? Key themes (those who provide/impact child care offerings): Cost of living Lack of providers / staff Lack of housing Low wages Cost of care BIG SKY 127 349 Key themes (those who want child care options): Only one option Not open 5 days a week due to staffing challenges Lack of training among some providers Lack of summertime care Retaining employees Affordability Lack of options after normal work hours Key themes (those who care about child care options): Lack of housing Consistency in child care offerings Lack of options for full-time working parents Seasonal challenges Better access to pediatric care Transportation for kids to and from school to activities Lack of options Q. What specific challenges and/or nuances need to be considered when it comes to child care in your community? Key themes (from those who provide child care offerings): The time it takes to process fully and onboard staff under state licensing The high cost of living in this area Affordable housing Quality care - teacher-child ratio Cost of training Cost of operations Cost of child care is greater than rent/mortgage Pay competition for easier jobs Key themes (from those who do work that impact child care offerings): Cost (of living) Availability Inclusion of students with disabilities Finding and retaining quality teachers BOZEMAN 128 350 Key themes (from those who want child care options): Lack of longer hours to accommodate those working full-time Cost (of living, of child care) Staff shortages and staff turnover Affordability Availability Long wait lists Traffic - child care options within 20 minutes of home or work After school care Transportation Unlicensed day care centers Summer care Housing Key themes (from those who care about child care options): Traffic and distance Availability Accessibility Affordability Affordable housing Lack of retention Lack of training Quality Hours Cost (of child care) Waitlists Lack of generational support Flexible scheduling Caregiver to child ratio Q. What specific challenges and/or nuances need to be considered when it comes to child care in your community? Key themes: No public transportation Lack of options after normal work hours Lack of longer hours to accommodate those working full-time Cost (of living, of child care) Lack of providers Distance to providers FOUR CORNERS 129 351 Q. What specific challenges and/or nuances need to be considered when it comes to child care in your community? Key themes: Lack of providers Lack of facilities Transportation after school to after school care Bilingual child care Cost (of living, of child care) GALLATIN GATEWAY Q. What specific challenges and/or nuances need to be considered when it comes to child care in your community? Key themes: Location Cost (for families, for leases, for workforce, for operations) Lack of longer hours to accommodate those working full-time Lack of providers MANHATTAN / AMSTERDAM / CHURCHILL Q. What specific challenges and/or nuances need to be considered when it comes to child care in your community? Key themes: Child care workers are not paid enough to live here Child care needs to good, clean, safe and staffed appropriately Local child care options vs. bringing kids to Bozeman for care THREE FORKS “Many start out as in-home child care, which Three Forks requires a home occupation so needs a conditional use permit in order to legally operate, a business license too, and then provide off street parking for all the vehicles dropping off/picking up and the employees. It is difficult to attain that all on a small residential lot. Perhaps the zoning requirements could be lessened for child cares?” Three Forks, Engaged Community Member, Parent / Future Parent, Cares about Child Care Options Q. What specific challenges and/or nuances need to be considered when it comes to child care in your community? Key themes (from those who provide/impact child care offerings): Cost of living Lack of affordable living First-generation speakers Workforce WEST YELLOWSTONE 130 352 Key themes (from those who want child care options): Lack of a long-term plan Flexible hours All ages Retention Affordable housing Bilingual needs Leadership Availability Staff Reliability Key themes (from those who care about child care options): Flexible hours Summer care Housing Workforce Resources Organizational challenges Seasonal nature of tourist town Cost of living, cost of care Pre-K at school Lack of qualifications “The business model at our current daycare does not fit the needs/economics of our current daycare clients. Parents need to be able to pay hourly, not weekly. A professional wage with benefits and housing option need to be available to offer to a qualified director to run the daycare.” West Yellowstone, Care about Child Care Offerings Any other thoughts you want to share? “Child care costs as much as a mortgage payment and living in this community costs a fortune. If you make any more than minimum wage then you do not qualify for any of the government grants.” Three Forks, Parent / Future Parent, Wants Child Care Options “Thank you for organizing this survey. I have lost 11 staff members in the past three years due to affordable child care and affordable housing. The two are intricately linked for those working class families with children.” Bozeman, Parent / Future Parent, Engaged Community Member, School / Teacher / Administrator, Wants Child Care Options 131 353 “I would like a better directory of child care options that includes hours, pricing, current openings, care philosophy, daycare size, ages allowed…” Bozeman, Parent / Future Parent, Wants Child Care Options “Is it feasible to establish a union or cooperative of child care providers to collectively tackle the numerous challenges affecting various aspects of our business? If so, how should we commence this collaborative approach?” Bozeman, Child Care Provider 132 354 CITY OF BOZEMAN, ECONOMIC VITALITY STRATEGY (EVS) Source: City of Bozeman, Economic Vitality Strategy (EVS), April 2023 NATIONAL TRENDS: EARLY LEARNING/CHILD CARE (Page 21) Child care is critical infrastructure for working parents, but it also enables children to be in a setting that promotes their healthy development and school readiness (while their parents work). In this way, child care not only has a direct impact on the economy today, but also impacts the economy of tomorrow. Rigorous evidence from studies of random assignment to high-quality preschool suggests that early childhood policy interventions have wide-ranging long-term impacts. Nobel Prize winning University of Chicago Economics Professor James Heckman’s work outlines the great gains to be had by investing in the early and equal development of human potential. He finds that investing in comprehensive birth-to-five early childhood education is a powerful and cost-effective way to mitigate negative consequences on child development and increase adult opportunity. “The gains are significant because quality programs pay for themselves many times over. The cost of inaction is a tragic loss of human and economic potential that we cannot afford.” Unfortunately, while wages are stagnating as indicated in Figure 9, the cost of organized child care is increasing and presents a substantial financial hurdle for many working parents with children, especially those working for low wages. APPENDIX: INCLUSIONS OF CHILD CARE IN AREA PLANS Child care has been an important topic in plans throughout the area. Below are direct excerpts from three of those plans: City of Bozeman’s Economic Vitality Strategy (EVS), April 2023, Big Sky Resort Area District’s Big Sky Community Capital Improvement Plan, Sept. 2023 and City of Bozeman’s Belonging in Bozeman Equity and Inclusion Plan, Dec. 2023. 133 13 14 Diane Whitmore Schanzenbach Ryan Nunn Lauren Bauer Megan Mumford Audrey Breitwieser, Seven Facts on Noncognitive Skills from Education to the Labor Market, October 2016 García, Jorge Luis, James J. Heckman, Duncan Ermini Leaf, and María José Prados. “The Life-cycle Benefits of an Influential Early Childhood Program.” 2016 13 14 355 134 The cost of care in the Gallatin Valley remains a barrier for many parents seeking to enter or stay in the labor force. The average annual cost of child care in Montana for an infant is $9,096 in a child care center and $7,440 in a family child care home. Subsidized child care can encourage parents working in lower-paid occupations to maintain their connection to the labor force or to upgrade their skills through education, thereby contributing to economic growth and productivity over the longer term. Since 2010, the number of family child care homes in Montana has declined from 2,323 to 1,633 in 2016 – a decline of 29.7 percent. For working families, the decline in home-based care reduces the availability of the least expensive care option for families. In addition to the growing demand for child care and an increasing scarcity of affordable facilities, is a need for more workers. According to the U.S. Bureau of Labor Statistics, there are approximately 330 child care workers in Southwest Montana, which includes Gallatin Valley. With a ratio of 2.41 workers/1,000 people, the talent pool is similar to the national average (LQ: 1.0). Recruiting qualified workers for this sector is also more difficult due to low wages; the average annual salary is $38,890 – the average national median wage is $49,150. 16 17 15 18 356 Increasing the supply of child care is critical for the economy to maximize the full potential of the available workforce. More importantly, providing early learning is an important investment in communities that help ensure they can realize their human and economic potential. GOALS AND OBJECTIVES (Page 29) Based on the key findings, values and guiding principles, the City of Bozeman and stakeholders identified the following goals and objectives to guide economic vitality actions implemented by regional stakeholders, which are outlined in a separate Action Matrix document, over the next three to five years. Goal 1) Provide Opportunity for Gallatin Valley Residents Objective 2) Provide comprehensive and coordinated skills development starting with child care through middle school and higher-ed (Page 30) Improving the skills of individuals not only improves the employment base, but also develops future civic and business leaders needed to guide the region. Providing early learning child care is an important community investment, helping to develop the necessary skills that allow a community to realize its human and economic potential. This is especially true for underrepresented children. Engaging students in middle school to prepare the future workforce is necessary. Higher-education leaders can build off this engagement and provide necessary skills development through trades training, one-year certifications, and 2- and 4-year college programs. ATTACHMENT B: EVS Action Matrix (Page 1-2) 135 Montana Fact Sheet 1312019.pdf (ced.org) Ibid U.S. Bureau of Labor Statistics https://www.bls.gov/oes/current/oes211021.htm Ibid18 17 16 15 357 BIG SKY SCHOOL DISTRICT: BSSD CAPITAL IMPROVEMENT PLAN (Page 21) Based on the enrollment projections and available capacity, there are no immediate facility expansions to add general education seats. However, a large expansion could be anticipated after the 2029-2030 school year when enrollment nearly reaches the ideal capacity limit. With that said, there are other capital expansion projects in the BSSD CIP. A modernized gym is needed to support the community at the same level of other comparable school districts. Also, the first year of pre-k was a success and there is a demand to expand the grade level. The expansion would allow BSSD to serve 50 students. Other private education facilities in Big Sky have indicated that demand for their early childhood programs has far surpassed their capacity as well. BSSD expanded pre-k would alleviate pressure on these other agencies as well. The nature of Big Sky residential development and possible transition to more full-time households in the area make it difficult to attribute the CIP costs to Madison and Gallatin County. However, there will be direct and indirect demand on the school district from growth. Housing development will generate students to BSSD, albeit at a lower rate than state average. Indirect demand will come from the economic activity generated by additional development which will necessitate more employment and households moving to Big Sky bringing students into the district. BIG SKY RESORT AREA DISTRICT BIG SKY COMMUNITY CAPITAL IMPROVEMENT PLAN Source: Big Sky Resort Area District, Big Sky Community Capital Improvement Plan, Sept 2023 DISCOVERY ACADEMY (PAGE 22) Big Sky Discovery Academy is a non-profit, private school providing education from ages 3 – grade 12. The majority of students are between the age of 3 to 8 years old. The following section details their current demand and related facility expansion needs. Current Level of Service The current enrollment at Discovery Academy is 80 students. The current facility is at capacity. There is additional demand that is not able to be served because of the capacity limitations at the facility. Furthermore, the capacity issues are requiring staff to reorganize the facility every school year. 136 358 Projected Growth-Related Needs It is anticipated that the demand for schooling will continue to grow as the Big Sky area attracts full-time families. Additionally, as employment grows in the area, those new employees in Big Sky will be seeking schooling as well. Conservatively, based on enrollment projections for Big Sky School District, a 20 percent increase in demand is anticipated, furthering the waitlist. An additional early childhood classroom is anticipated in the next school year addressing community needs. Discovery Academy Capital Improvement Plan Based on Discovery Academy analysis there is a need for another 15,000 square feet to serve current and future demand. The new facility would include expanded early childhood classrooms. This expansion may require the organization to move, bringing a partnership opportunity with the Big Sky Town Center development. Drop-off/pick-up benefits and synergy with other tenants at Town Center allows for this opportunity to have a wider public benefit. The overall expansion is estimated to cost $10 million. In the future, BSRAD will be focusing on funding early childhood facilities. Based on current enrollment (18 early childhood students of the 80 total enrollment), 22.5 percent of the $10 million is included in the CIP. Similar to BSSD, there will be direct and indirect demand on the schooling from growth. Housing development will generate students and indirect demand will come from the economic activity generated by additional development which will necessitate more employment and households moving to Big Sky bringing students into the area. MORNINGSTAR LEARNING CENTER (Page 23) Morningstar Learning Center is a private full-time daycare, the only such organization in Big Sky. Morningstar provides early child care services to students up to five years old. The following section details their current demand and related facility expansion needs. 137 359 Projected Growth-Related Needs It is anticipated that the demand for child care will continue to grow as the Big Sky area attracts full-time families. Additionally, as employment grows in the area, those new employees in Big Sky will be seeking child care as well. Conservatively, based on enrollment projections for Big Sky School District, a 20 percent increase in demand is anticipated for the Morningstar Learning Center through 2030, furthering the deep waitlist. Morningstar Learning Center Capital Improvement Plan The organization is exploring facility expansion options. The expansion would address the current and future demand on their waitlist, but also provide expanded aftercare service. The Center is currently open until 5:30pm and expanded aftercare service could include more and different operating hours such as nights, weekends, and drop-in care that would be operated by an operator renting the facility from Morningstar. This service has the potential for multiple partnerships including Big Sky School District and the BASE Community Center. Importantly, to expand enrollment would require additional staffing. The facility expansion may include some housing for staff, but there will be a need for further housing options to attract the full staffing needs. Similar to BSSD, there will be direct and indirect demand on early child care from growth. Housing development will generate students and indirect demand will come from the economic activity generated by additional development which will necessitate more employment and households moving to Big Sky bringing students into the area. Current Level of Service Presently, Morningstar has an enrollment of 50 students with a waitlist that includes 30 additional students. The current facility has a 50-student capacity. Thus, the organization is at 100 percent utilization and Big Sky demand is 160 percent of capacity. Morningstar staff indicated that the demand may be even higher and the length of the waitlist deters others from joining. 138 360 CITY OF BOZEMAN, BELONGING IN BOZEMAN EQUITY AND INCLUSION PLAN Source: https://www.bozeman.net/home/showpublisheddocument/13760/638398654280100000 In Bozeman’s 2021 Equity Indicators Report, early childhood care and education was identified as a large or moderate need across all demographic subgroups. An April 2023 article published by Bozeman radio station The Moose ran with the headline, “How on earth do Bozeman families afford preschool or daycare?” In addition to affordability, availability is limited. The current number of licensed child care providers and the number of available preschool and infant spots only meet about half of the demand for child care in Gallatin County (Child Care Connections). This plan envisions a City of Bozeman in which programming for children and youth is affordable, of excellent quality, inclusive of young people of varied backgrounds, and accessible to all. To this end, the plan’s co-authors have identified the following goals: reducing barriers for underserved children, increasing program capacity, increasing program and provider subsidies, and recruiting and retaining quality staff. CHILDCARE + YOUTH PROGRAMMING GOALS AND RECOMMENDATIONS Goal 1. Reduce barriers to out-of-school opportunities and programs for underserved children. 1. Evaluate and address barriers around participation in out-of-school programs, including transportation and cost. 2. Support participation in city programs and activities for families of children with disabilities. 3. Explore opportunities to integrate indigenous food systems, languages, and culture into summer and after school programs. Goal 2. Increase capacity of after-school and summer programs. 1. Perform an equity impact analysis of the city’s enrollment processes, level of subsidy, and scholarships for recreation programs and youth camps. 2. Establish and continue partnerships with governmental and non-profit organizations for free use of space access, subsidies, and other mechanisms to support youth programming within Gallatin Valley. 3. Develop a quick response plan for providing child care in the case of emergency school closure or other community emergencies. Goal 3. Increase subsidy for child care programs and providers. 1. Lobby for additional local, state, and federal funding/subsidy of quality child care. 139 361 IMPLEMENTATION WORKBOOK (Page 59) 140 Goal 4. Recruit, develop, and retain quality staff. 1. Support efforts to recruit multilingual and multicultural staff for recreational programming. 2. Implement a mentorship and training program for youth who want to work as future recreation/camp leaders. 3. Spotlight the value and contributions of child care and youth programming employees through a communications campaign. 362 APPENDIX: LARGEST EMPLOYERS IN GALLATIN COUNTY Source: Montana Department of Labor and Industry https://lmi.mt.gov/Employment/qcewTop 1,000+ Employees* Bozeman Health 250-499 Employees Kenyon Noble Lumber and Hardware Oracle Town Pump Wal-Mart *Presumably Montana State University is also one of the largest employers in Gallatin County but is not listed in the data obtained from the Montana Department of Labor and Industry. 141 363 APPENDIX: LICENSED CHILD CARE PROVIDER DATA FOR GALLATIN COUNTY Number of Licensed Child Care Providers in Gallatin County + Capacity by Age Group Source: Child Care Connections, February 2024 Licensed Providers Licensed Infant Capacity License Preschool Capacity  Big Sky 1 12 32 Belgrade 25 120 382 Bozeman (59715)18 154 469  Bozeman (59718 + 59717)41 252 840 Gallatin Gateway (59730)1 (new!)0 0 Manhattan 4 19 57 Three Forks 2 14 41 West Yellowstone 1 6 16 TOTAL 92 577 1837 142 Total Programs Family Group Center 92 16 34 42 Total Number of Licensed Child Care Programs in Gallatin County by Provider Type Source: Child Care Connections, February 2024 364 APPENDIX: LIST OF CHILD CARE ORGANIZATIONS + PROGRAMS Multiple organizations and programs are involved in various aspects of child care in Montana and in Gallatin County. Below is an overview of these entities including excerpts taken directly from their websites. 143 DPHHS MONTANA DEPARTMENT OF PUBLIC HEALTH & HUMAN SERVICES (DPHHS) DPHHS Annual Strategy 2023 Objective: “Increase access to quality child care for working families” Key Measure: “5% increase in the number of licensed child care providers participating in the Best Beginnings Scholarship program.” Early Childhood and Family Support Division (ECFSD) Source: https://dphhs.mt.gov/ecfsd/ ECFSD provides coordinated services and resources to promote the well-being, health, and development of children, individuals, families, and communities encompassing over many activities, spanning prenatal to adult services. ECFSD's programs target early care and education, food security and nutrition education, violence and neglect prevention, family support, and preventative health care. The division is committed to supporting consistency, efficiency, and better-coordinated services for children and families across the state of Montana. Vision: Children, youth, and families are healthy and thriving. Mission: The Early Childhood and Family Support Division provides coordinated services and resources to promote well-being and support the health and development of children, individuals, families, and communities. Guiding Principles: Families are honored as the expert of their child and recognized as their child’s first and most influential teacher. We recognize that children, individuals, families, and communities have diverse backgrounds, experiences and needs. We value collaborative partnerships and our work with community agencies. We recognize and address equity and inclusion in our service delivery and program structure. 365 We promote prevention programs striving to ensure the health and safety of children and families while working to build individual resiliency and family strength. We strive to use data to inform our decisions and program design. We are committed to staff and workforce development to support professional growth and ensure our programs are administered innovatively and effectively. We commit to administer programs intentionally and sustainably, with integrity and accountability. Early Childhood Services Bureau Source: https://dphhs.mt.gov/ecfsd/childcare/Index The Mission of the Early Childhood Services Bureau is to improve the quality, affordability and accessibility of early care and education in Montana, with focused efforts on coordinated systems to best meet the needs of young children, their families, and the professionals who work on behalf of young children and families. Child Care Under the Big Sky (CCUBS) CCUBS is the database that the state uses for licensing, including ECSB and ECFSD. Child Care Licensing Source: https://dphhs.mt.gov/ecfsd/childcare/childcarelicensing/index The role of the Child Care Licensing (CCL) program is to monitor, inspect, and support licensed and registered child care facilities, as well as those working to become licensed or registered. Additionally, CCL establishes regulations for the health, safety, and well-being of the children in these facilities. All licensed or registered programs receive a pre-inspection prior to providing care, ongoing monitoring and an annual inspection, and complaints are followed up on. Child Care Licensing Project Source: https://dphhs.mt.gov/ecfsd/childcare/childcarelicensingproject Project Purpose Examine and improve child care licensing requirements and processes to understand how we can better support the child care system to provide quality care Increase capacity of Montana’s child care system so we have high quality care available for all of Montana’s children 144 366 Project Scope Assess child care licensing strengths and gaps Analyze and recommend and implement opportunities to clarify, streamline, align, or otherwise improve statutes, regulations, and policies Conduct value stream and business process mapping and develop re-engineering recommendations Look at data systems and how they could better support business process improvements Develop policies and procedures Support organizational change management work Assessment The 2022 Montana Child Care Licensing Assessment analyzes stakeholder input about strengths and gaps in the state’s child care licensing program. The assessment is a foundational component of a broader project to improve child care licensing for the state, which includes improvements to child care licensing regulations, policies, procedures, and data systems. Regulations Updates in progress. Staying Informed Updates in progress. Best Beginnings Child Care Scholarships (BBCCS) Source: https://dphhs.mt.gov/ecfsd/childcare/BestBeginningsScholarships The Early Childhood Services Bureau (ECSB) offers Best Beginnings child care scholarships (BBCCS) to qualified low-income families whose child receives care from a licensed child care center, licensed group or family child care home, or Family, Friend, and Neighbor (FFN) child care provider. Each family participates in the cost of that care by making a copayment based on a sliding fee scale. Scholarships are available to working families whose income is at or below 185% of the Federal Poverty Guidelines and families who get cash assistance through the Temporary Assistance for Needy Families (TANF) program. The program helps to pay for care when parents are not available to care for their children: During working hours; During school or training hours, if meeting work requirements; If they are a teen parent attending high school; or If they are a parent receiving TANF who is participating in family investment agreement activities. Child care scholarships are available if the applicant is a working caretaker relative with children receiving TANF child-only grants. 145 367 Montana Child and Adult Care Food Program Source: https://dphhs.mt.gov/ecfsd/childcare/cacfp/index The Child and Adult Care Food Program (CACFP) is a federally funded program of the Food and Nutrition Services (FNS) of the United States Department of Agriculture (USDA). The Department of Public Health and Human Services (DPHHS) is the State agency which administers the CACFP in Montana and ensures that program requirements are followed. CACFP plays a vital role in assuring the nutritional quality of meals and snacks served to eligible children and adults attending non-residential child or adult care programs, and making care more affordable for many low-income families. A variety of different eligible programs qualify to participate in the CACFP. A variety of programs that are licensed or approved receive reimbursement at free, reduced, or paid rates for eligible meals and snacks served to enrolled children. These programs can include: Child Care Centers, Head Start programs, Adult Day Care Centers, outside school hours programs, and at-risk afterschool programs. The reimbursements help providers supplement the cost of providing nutritious meals and snacks to infants, children, and adults. Best Beginnings STARS to Quality Source: https://dphhs.mt.gov/ecfsd/childcare/stars/index Best Beginnings STARS to Quality Program is a continuous quality improvement program for early childhood education in Montana. STARS to Quality is currently in a Redesign phase and is not currently accepting new applications. The rebuilt Quality Recognition System (QRS) has a projected launch date of October 1, 2025. Quality resources can still be accessed through this website. STARS Trainings continue to be free and accessible. Mission: To support high quality early care and education programs for child care and education through a quality rating and improvement system that strengthens programs and practitioners with continuous improvement strategies and assists families to make informed decisions. Vision: A quality rating improvement system to support early childhood education programs in continuous quality improvement. Montana Bright Futures Birth to Five (BF B-5) Source: https://dphhs.mt.gov/ecfsd/childcare/montanaearlychildhoodsystem DPHHS launched Montana Bright Futures Birth to Five (BF B-5), a continuation of the previous Strengthening Montana’s Early Childhood System Project which began in 2019. The 2023-2025 BF B-5 project will continue its focus on developing the state’s comprehensive early childhood system. 146 368 Grant Activities Update needs assessment Revise strategic planning Maximize parent and family engagement Support the early childhood workforce and disseminate best practices Support overall quality improvement systems Enhance quality and expand access to existing and new programs Monitor, evaluate, and use data for continuous improvement Desired Outcomes Montana’s families with young children have increased access to, and participation in high quality early care and education across a mixed delivery system Montana’s early childhood workforce is confident and effective, due to enhanced ECE professional development The early childhood system is coordinated to support effective family assessment, system navigation, care coordination, and use of data Montana’s families are engaged and valued as partners in the early childhood system Montana’s communities make early childhood a priority, and act to support children’s health, learning, and well-being Montana’s early childhood system is structured to support policy alignment, strategic financing, continuous improvement, and accountability Partners Montana believes strong collaboration is essential to success. In writing the Bright Futures B-5 Grant, the state renewed its commitment to hear from and work with a variety of stakeholders, including families, and private and governmental partners. Below is a list of stakeholders engaged in the grant writing process and who signed a letter of commitment. We are excited to galvanize current and new stakeholders in the work needed to accomplish grant objectives. Child and Family Services Division (CFSD) Department of Labor and Industry (DLI) Healthy Mothers, Healthy Babies (HMHB) Montana Child Care Resource and Referral (CCRR) agencies Montana Early Childhood Advisory Council (MECAC) Montana Early Childhood Project (ECP) Montana Head Start Association (HSA) Montana Infant and Early Childhood Home Visiting (MIECHV) program The Office of Public Instruction (OPI) Raise Montana Zero to Five Montana 147 369 Child Care Resource and Referral Agencies and Regions (CCR&R) Source: https://dphhs.mt.gov/ecfsd/ChildCare/ChildCareResourceandReferral The Early Childhood Services Bureau contracts with regional CCR&R agencies to offer the following services: Help low-income families find and pay for child care Offers referrals to licensed and registered child care facilities for families of all income levels Offer training, technical assistance, and support for child care providers Initiate projects to build quality child care Inform policy makers, businesses, and the public on child care related issues Advocate for child care providers and for families with children Services to Families Child Care Resource and Referral agencies provide referral services to families seeking child care. This includes providing parents with information regarding: Child Care openings, Location of care, Type and quality of care, Special circumstance information, such as does the provider offer extended hour service, has he/she completed accreditation process, or does he/she serve infants and toddlers. Eligibility for the Best Beginnings Scholarship Program. Services to Providers Child Care Resource and Referral agencies: Work with the local licensing specialists to present quarterly orientation sessions for new providers and provide technical assistance to providers who have been referred by licensing specialists for corrective action. Develop and present regular training to child care providers in the areas of: Child Development Health and Safety Infant and toddler care Sound business practices Referral Services The goal of referral services is to provide a high quality, seamless referral program to families and the community regarding child care options, types of care available, fees, and the common child care business practices. Referral services are provided by the CCR&R in each of the 7 regions. For more information, contact your local CCR&R. 148 370 Distance Learning Child Care Resources provides distance learning to child care providers through ChildCareTraining.org. CCR&Rs in each region are available to provide support to providers completing online coursework through ChildCareTraining.org. Technical problems related to specific website concerns should be directed to ChildCareTraining.org. CCR&Rs have computers available to take an online course if needed. Montana Child Care Resource & Referral Network Montana Child Care Resource & Referral Network is a statewide network of 6 regional Child Care Resource & Referral Agencies who work to improve the quality, accessibility, and affordability of child care for all Montana's families. Child Care Connections Source: https://cccmontana.org/ Child Care Connections is a 501(c)(3) nonprofit serving Gallatin, Park, Meagher, Lewis & Clark, Jefferson, and Broadwater counties. We offer critical support to families and early childhood professionals in our community to improve the quality of and access to child care. Child Care Connections supports families and the local economy by encouraging quality child care and safety. Mission Statement: Child Care Connections advocates for the well-being and quality care of children by supporting early childhood professionals, families, and the communities we serve. Child Care Connections is one of seven Child Care Resource and Referral Agencies (CCR&R) in Montana. Together we form the Montana Child Care Resource and Referral Network delivering support to early childhood professionals and families across Montana. Child Care Connections is here to help families find and afford child care. We also offer one-on- one family support helping families access other resources to make their child’s first years the best they can be. Child Care Connections offers Providers professional development, technical assistance, guidance through the STARS to Quality Program, and assistance opening or expanding care facilities. Early Childhood Community Council Source: https://www.greatergallatinunitedway.org/eccc Gallatin Early Childhood Community Council (ECCC) is a collaborative effort of 130 individuals and over 60 community organizations — parents, child care workers, policy makers, civic leaders, and experts—under the roof of Greater Gallatin United Way to promote thriving, healthy children. 149 371 Greater Gallatin United Way is committed to support the infrastructure of collective impact across Gallatin County. In an effort to create long-term systemic change, we have remained the backbone organization for ECCC for over 26 years, providing: vision + strategy platform to aligned activities establish shared measurement practices build public will advance policy mobilize funding The council meets 1-2 times a month to host community events, coordinate training and support for early child educators, provide education and advocacy for parents, and educate the community on the importance of healthy development of children. ECCC members take the data we’ve collected as a group to inform their individual organizations-- leveraging each other’s work to feed common goals. We believe that to ensure every child has access to a supportive community; every adult is responsible to make that happen. Council Partners ASMSU Child Care Center, A.W.A.R.E. Inc., Belgrade Community Library, Belgrade Public Schools, Big Brothers Big Sisters of Gallatin County, Bozeman Public Library, Bozeman Public Schools, Child Care Connections, Child Development Center, Children’s Museum of Bozeman, City of Bozeman Recreation Department, Community Health Partners (Gallatin & Park Counties), Family Promise, Family Outreach, Gallatin City-County Health Department, Gallatin Mental Health Center, Gallatin Valley Food Bank, Gallatin Valley YMCA, Greater Gallatin United Way, HRDC Head Start, Livingston Public Schools, Montana Team Nutrition, Montana State University Child Development Center, Montana State University College of Education, Health & Human Development, Montana State University Early Childhood Project, Museum of the Rockies, Park County Community Foundation, Thrive and Youth Dynamics. Montana Early Childhood Education Knowledge Base Source: https://dphhs.mt.gov/assets/ecfsd/childcare/documentsandresources/MTEarlyChildhoodKnowle dgeBase.pdf The Montana Early Childhood Education Knowledge Base (2022) represents a core body of knowledge, skills, values and dispositions all early childhood educators must demonstrate to effectively support the development, learning and well-being of all young children and their families. The Knowledge Base is a workbook to guide self-reflection and professional growth by 150 372 describing what early childhood educators need to know, understand, and be able to do at all levels of professional practice. The Knowledge Base is also used to guide program planning in early childhood teacher education at Montana’s tribal, community, and four-year institutions of higher education. Montana Early Childhood Advisory Council Source: https://dphhs.mt.gov/ecfsd/MontanaEarlyChildhoodAdvisoryCouncil The strategic goal of the Montana Early Childhood Advisory Council is to ensure Montana has a comprehensive, coordinated, early childhood system that provides a governance structure and leads to strong collaboration in order to best meet the needs of Montana’s youngest citizens. It has previously been known as the Best Beginnings Advisory Council. The Montana Early Childhood Advisory Council is coordinated through the Early Childhood Family Support Division (ECFSD) of DPHHS with a council chair nominated from council membership. Committees: Expansion/Business Development: This committee focuses on challenges and opportunities in bridging the needs of the business community and early childhood services. Retention and Quality: This committee focuses on retention and quality improvement recommendations for the early childhood and family support system, with specific focus on accessibility, affordability, and quality of services. Workforce Development: The committee focuses on workforce development strategies for the early childhood and home visiting workforce. Family Support: This committee focuses on how to engage and support families through a universal family engagement framework that can be implemented at a local and state level. Raise Montana Source: https://www.raisemt.org/ We support member organizations, advance the early childhood profession, and improve the quality, affordability, and accessibility of child care. We provide resources and coordination support to regional Child Care Resource and Referral agencies. We initiate projects to build child care supply and quality in urban and rural areas such as Montana Shared Services (MTSS) and the Substitute Service. We educate policy makers, businesses, and the public on child care issues. We advocate for child care professionals and families.151 373 Offers: CCR&R Locator Professional Development Emergency Preparedness Shared Services (MTSS): Free Resource Library ECE Friendly Business Directory Discounts & Grants Our ECE Community ECE Job Board Shared Services (MTSS): With Fees Telehealth through Ally Health Substitute Service Home Child Care Provider Business Toolkit Resources for Families Paying for Child Care - info on Best Beginnings Child Care Scholarships Finding Child Care - info on CCR and R Locator Quality Child Care - info on STARS to Quality program Concerns about Child Care - access to DPHHS Child Care Complaint Form Other Resources Trauma Informed Resources MONTANA EARLY CHILDHOOD PROJECT Montana Early Childhood Project Source: https://www.mtecp.org/ Since 1985, the Montana Early Childhood Project (ECP) has been dedicated to improving the quality of programs and services for Montana's young children and their families. We are an outreach program within Montana State University's Department of Health and Human Development. Since 1995 the ECP has facilitated the creation and implementation of a state plan for early care and education career development. We are funded through the Montana Department of Public Health and Human Services Early Childhood Services Bureau from the federal Child Care and Development Fund. We work closely with partner organizations across the state to promote early childhood professional development. On a national level, we are actively involved in The National Workforce Registry Alliance and other organizations to promote a knowledgeable and skilled early childhood workforce. Our office is located in Bozeman, MT and we have seven dedicated individuals committed to our ECP mission and goals. We frequently employ MSU students and supervise student internships. 152 374 Quarterly Report Source: https://www.mtecp.org/media/qyepnmfx/ecp-quarterly-report-q1-fy23.pdf Goal 1: Promote professional development options for early childhood practitioners at all levels on the Career Path and in all settings and programs through the Professional Development Approval System Goal 2: Promote and incentivize workforce development, professional recognition, and program quality improvement through The Practitioner Registry Goal 3: Enhance data collection and reporting capabilities to more effectively inform policy and practice around professional development and the workforce Goal 4: Collaborate with partners to promote an early childhood comprehensive system in Montana Goal 5: Maintain MSU relationships and operate within MSU policies and procedures Maintains the Practitioner Registry Offers professional development Offers apprenticeship program: Montana Early Childhood Apprenticeship Program Childcare Development Specialist The Montana Early Childhood Apprenticeship Program (MECAP) aims to support and increase retention of early childhood education (ECE) providers through on-the-job training, mentorship, and college coursework. Upon completing the program, apprentices are awarded the Child Care Development Specialist Certificate from Montana’s Department of Labor and Industry and reach Level 4 on the Montana Practitioner Registry. MECAP is a Registered Apprenticeship Program (RAP). A RAP is a government-run, on-the-job, paid training program model that is validated through the U.S. Department of Labor or a state agency. Traditionally, RAPs have been developed to support a range of industries and occupations across the country, including skilled trade- related occupations (e.g., electricians or carpenters). Offers incentives and accreditation scholarships Organization Accreditation Scholarships National Association for Family Child Care (NAFCC) Accreditation The intent of this scholarship program is to promote NAFCC accreditation for state registered family and group child care homes. 153 375 National Association for the Education of Young Children (NAEYC) Accreditation The NAEYC accreditation process is designed for child care centers, preschools, school-age programs, and kindergartens. The Family and Group Child Care Business Series is a 10-week series offered to new and existing home-based child care businesses designed to support business practices of home-based child care. Participation is free and those who complete the entire series receive 30 hours of continuing education credit through the MT Early Childhood Project. Topics include: Contracts, Policy Handbook Development, Recording-Keeping, Time/Space Percentage, and Deductions. Improvements in understanding of business practices demonstrated through pre- and post-test assessments. Career Development Advisory Board Meeting twice a year, the board guides the direction and operations of the Early Childhood Project. The Advisory Board grew out of the initial task force convened to envision and plan for an Early Care and Education Career Development program. Representation includes: Montana Child Care Resource and Referral Network Early Childhood Higher Education Consortium Montana Association for the Education of Young Children Head Start State Collaboration Project Head Start Association Child Care plus+ Center on Inclusion in Early Childhood (UM) Child and Adult Care Food Program Montana Department of Labor and Industry Apprenticeship Program and Training Montana Department of Public Health and Human Services Early Childhood Services Bureau Quality Assurance Division Office of Public Instruction ZERO TO FIVE Zero to Five Source: https://zerotofive.org/ Zero to Five Montana is a statewide early childhood organization focused on increasing access to early care and education, supporting and strengthening families, uplifting voices, and empowering small businesses and communities. We are nonpartisan and focused on solutions that work toward a Montana dedicated to every child. 154 376 Our promise is to stabilize, innovate, and build the early childhood system in Montana so all families and communities can thrive. Zero to Five Montana (ZtFMT) was founded in 2018 with seed funding through the Headwaters Foundation. ZtFMT is a fiscally sponsored 501(c)3 organization through Intermountain Children’s Home. In 2022, ZtFMT launched Montana Child Care Business Connect (MCCBC) with funds from the American Rescue Plan Act (ARPA), granted through Montana Department of Health and Human Services in accordance to the MT ARPA Health Advisory Commission. Montana Child Care Business Connect Source: https://childcarebusinessconnect.com/ Montana deserves a successful child care system. That’s why Montana Child Care Business Connect exists. We are contributing to successful futures in Montana by providing small business support which will create a big community impact. We know better child care systems mean thriving communities. And that matters for everyone. As Montana’s statewide hub for child care business development and innovation, we are working to support the success of existing child care providers, and inspire other entrepreneurs, employers, and leaders to invest in and support child care systems in their communities. Zero to Five Montana’s Child Care Business Connect (MCCBC) supports starting, growing, and expanding providers and community initiatives thanks to funding from the American Rescue Plan Act (ARPA), granted through a Montana Department of Health and Human Services (DPHHS) competitive process awarded in May 2022. As part of the vision to stabilize, innovate, and build early childhood systems, Zero to Five Montana has developed the Montana Child Care Business Connect (“Connect”) program – Montana’s statewide hub for child care business development and innovation. Connect is dedicated to working with community partners, employers, child care business entrepreneurs, and business owners to build and stabilize programs to help meet the demand for child care across the state. Uniting robust tools and resources, a team of experts, and partners from across the nation, Connect is the child care business development champion for Montana. Connect aspires to make a lasting change in our state by supporting the success of existing child care providers, inspiring entrepreneurs, employers, and communities to take action, and creating respect for the vital importance of the child care provider industry. Mission: Montana Child Care Business Connect (MCCBC) supports the start, viability, and expansion of high-quality, early child care businesses in Montana and helps cultivate child care 155 377 business stability and sustainability. Connect is contributing to successful futures in Montana by providing small business support which will create a big community impact. Core Competencies MCCBC will work with individuals and communities to bolster businesses by providing: Interactive Workshops Individual Consultation Community Capacity Building Peer Business Mentoring Web-based Resource Center Differentiators MCCBC provides free, comprehensive resources to Montana child care businesses and partners. Business and industry experience Helping communities and providers reduce risk and uncertainty Knowledge to assist in identifying market-facing opportunities Problem solving of complex business issues in the child care industry Proven history of creating pathways to goal achievement Strengthen branding as family-friendly and workforce friendly living destinations Network of contacts to identify financial savings and business viability 156 378 MONTANA HEAD START Source: https://www.mtheadstart.org/ Our Mission. The Montana Head Start Association brings together families, staff, directors and friends of all Head Start and Early Head Start programs in Montana, to provide leadership, education, information and advocacy on behalf of young children, pregnant women, and families throughout Montana. The Montana Head Start Association is a statewide membership organization with membership including Early Head Start and Head Start programs, staff, and families. Montana Head Start programs serve children from zero to five, expectant parents and work with families to support children who thrive and are ready for school. Programs currently are offered in 37 counties, including 5 Tribal programs and serve thousands of Montana children and families. Comprehensive services include: Quality Education that is Developmentally Appropriate Health & Nutrition Services Family Support Services/Connection to Community Resources Parent Engagement Activities Services for children with special needs/disabilities Head Start is a comprehensive nationwide child development program that has served children and families since 1965. These needed-based, child-focused programs serve children 3 to 5 years of age. Head Start provides a range of individualized services in the areas of education and early childhood development; medical, dental, and mental health; nutrition; and parent involvement which are responsive and appropriate to the development, cultural and linguistic heritage and abilities of each enrolled child and family. There are 19 Head Start programs in Montana. What is Early Head Start? The Early Head Start serves infants and toddlers under the age of 3 and pregnant women nationwide. Early Head Start provides early, continuous, intensive, and comprehensive child development and family support services to infants and toddlers and their families, and pregnant women. There are 11 Early Head Start programs in Montana. School Readiness: Children have better physical health, improved social skills, and increased math, language, and literacy skills that prepares them for school. 157 379 Social-Emotional Development: Head Start children show fewer behavioral problems, are less hyperactive, and are less aggressive. In the long-term, Head Start children are less likely to engage in criminal activities as young adults. Child Welfare: Head Start are children less likely to be involved in the child welfare system and experience lower rates of abuse and neglect. For children already involved in the child welfare system, Head Start participation decreases subsequent encounters and enhances school-readiness and social- emotional outcomes. Parent Advancement: Head Start enhances parents’ education level, employment status, and income. It also improves parents’ skills, reduces parental stress, and improves overall family stability and self sufficiency. Success in Early Head Start: Early Head Start children perform better on a wide range of cognitive measures, have better social skills, and exhibit significantly fewer behavioral problems and incidents of aggression. These children have better access to health care and parental engagement. HRDC Early Childhood Education Source: https://thehrdc.org/early-childhood-education/ HRDC’s Early Childhood Education is a high-quality education program for preschool aged children three to five years old. Our program is funded through a Head Start grant to serve 152 children in Gallatin and Park Counties. Our focus provides for the healthy development of children and the strengthening of families including early learning services in education, health, nutrition, mental health, and disabilities, and support services for families such as housing and food assistance, education opportunities and financial coaching. We encourage parents to be actively engaged in their child’s preschool experience, becoming strong advocates for their child’s continued education, healthy development, and later success in school and in life. Our classrooms are located in Belgrade and Bozeman, and in Livingston through our recently announced partnership with the Livingston School District. Offering classes Monday-Thursday with five & seven hour classes. Healthy, nutritious, dietician approved meals (breakfast, lunch, and snack). 158 380 Developmental assessment and screenings including growth, development, vision, hearing, and speech. Parent education opportunities and family events. Inclusive learning environment for all children including children with disabilities. Play based learning with natural environments. Individualized curriculum for every student. Child Care Licensed centers & a STARS to Quality program. Qualified teachers with bachelor degrees in early childhood education. Gain an understanding of essential educational milestones and ways to support your child in this development. Family Services to assist in identifying family strengths, interests, needs, and goals. Information on other community resources and agencies. Parenting information, education opportunities, resources, and support groups based on requests. A.W.A.R.E., Inc. Source: https://www.aware-inc.org/ecs AWARE offers early childhood services to families and children zero to eight. These services are available to families of all social and economic statuses. Our programs include Child & Family Counseling and Early Head Start. Children with disabilities are welcome. Early Head Start Programs Center-Based Services AWARE Early Head Start is a grant-funded child development program for eligible children and their families. AWARE Early Head Start provides children with services that encourage and promote social, emotional, physical growth and development, and cognitive skills. Learning is designed to respond to the individual strengths and needs of each child. Children of all abilities are welcome. By focusing on evidence-based best practices, Early Head Start improves children’s lives by providing family-focused child development and school readiness services. These include health, behavioral health, education, and nutrition services. Early Head Start receives the Child and Adult Care Food Program reimbursement to provide nutritious meals when the child attends the center- based option. Parent involvement is a cornerstone of Early Head Start and is key to the quality services we provide. Parents have many opportunities to participate in their child’s education and development. Families are further supported by social, behavioral health, and disabilities services. 159 381 We serve pregnant women, children ages birth to three, and their families. There is no cost to qualified families enrolled in Early Head Start. Early Head Start center-based services are offered in Butte, Helena, Belgrade, and Billings. Child Care Partnerships AWARE’s Early Head Start Child Care Partnership program works with local child care agencies in Billings, Belgrade, Bozeman, Butte, East Helena, and Helena to provide Early Head Start services. AWARE contracts with these local child care facilities to reserve Early Head Start slots in their centers. AWARE serves 80 children and families through the Child Care Partnership program grant. Families must be eligible for state child care subsidies and meet the same income guidelines for all Early Head Start families. The purpose of Early Head Start Child Care Partnership is to: Increase the quality and capacity of child care through partnerships with community child care providers Provide continuity of care for children birth to age three Offer comprehensive family services, recognizing the parent as the child’s first teacher Increase child and family school readiness Services and benefits to families: Consistency in child care regardless of change in finances Diaper and formula supplies while child is in care Opportunity to participate in Early Head Start Policy Council Yearly, two education home visits and two annual parent teacher conferences Regular home visits with Early Head Start support staff to assist with developing family goals and activities and to connect with other community professionals Learning opportunities pertaining to child development, health, nutrition, behavioral health and family Leadership opportunities Behavioral health consultation with a licensed therapist to support children in their social and emotional growth Services and benefits to child care providers: Once a child is enrolled, they are guaranteed an Early Head Start slot until the child’s third birthday Child care slots are paid for according to a joint agreement Training and coaching for teachers on the Creative Curriculum Training and coaching for teachers on social emotional development of children, based on the Pyramid model Assistance helping teaching staff grow professionally 160 382 Early Head Start support staff available to provide family support, intervention, and assistance with health issues, challenging behaviors, attendance, and nutrition Transition planning for individual children MONTANA KIDS COUNT Source: https://montanakidscount.org/ Montana KIDS COUNT is a leading resource for data on child and family well-being in the state. We make this information available to child advocates, policymakers, and Montana citizens to encourage informed and responsible decision-making to improve the lives of children. We are a member of the national KIDS COUNT Network through the Annie E. Casey Foundation. Montana KIDS COUNT is a project of the Montana Budget & Policy Center. The Montana Budget & Policy Center (MBPC) is a nonprofit, nonpartisan organization providing in-depth research and analysis on budget, tax, and economic issues. More information about MBPC can be found at www.montanabudget.org. What We Do: Compile and share current, comprehensive data on child and family well-being in each of our state’s 56 counties. Our data addresses six domains: demographics, health, education, family and community, economic well-being, and safety. Make available high-quality data from public sources and publish it on the KIDS COUNT Data Center. Work with partners to advance public policies that improve the lives of children. Provide presentations and trainings on trends in child well-being. 161 383 APPENDIX: METHODOLOGY + COMMUNITY INPUT PROCESS The Gallatin County Child Care Strategic Plan was developed during a six-month process that involved extensive community input as well as review of other child care models. The following approach and actions were taken in developing the plan. Case Study of Alternative Child Care Models Researched and summarized how others have structured relevant child care opportunities including other successful child care models across the nation including those with non- traditional hours, business models, etc. Provided a summary of findings Half-Day Visioning Session with CHILD Task Force Members, Gallatin ECCC Members and Others Distributed an online survey in advance of the visioning session to understand what was top of mind for participants Summarized online survey findings and shared with session participants Facilitated a half-day visioning session to articulate a shared vision for: retaining and supporting existing providers; developing a sustainable provider model; and expanding affordable child care in Gallatin County Also used the time to confirm what’s not currently known but needs to be understood at the end of the community feedback sessions Captured thoughts and summarized key takeaways Provider Feedback Hosted a feedback/workshop session with Gallatin County area providers Asked providers for their feedback and perspectives on key questions Community Feedback/Workshop Sessions Conducted community feedback/workshop sessions with community-focused audiences Worked with the task force to identify participants and secure individual participation Worked with the task force to promote the feedback/workshop sessions Asked workshop participants for their input and feedback on key questions Communities included: Belgrade (in person - included media coverage) Big Sky (in person - included media coverage) 162 384 Bozeman (in person) Four Corners (via Zoom) Gallatin Gateway (in person) Manhattan / Amsterdam / Churchill (via Zoom) Three Forks (in person) West Yellowstone (via Zoom) Community Survey Created an online survey based on key questions from the workshops Promoted the survey through email distribution, media outreach and social posts Secured 439 respondents to the survey 163 385 APPENDIX: TYPES OF CHILD CARE IN MONTANA FOUR TYPES OF CHILD CARE IN MONTANA Source: https://www.raisemt.org/home-based-child-care Montana's child care system recognizes four types of child care, and requires that anyone caring for more than four (4) unrelated children on a regular basis become registered by the state. A Family Child Care Home has one child care provider with a total of eight (8) children, three (3) of whom can be under the age of two years old. A Group Child Care has two (2) child care providers with a total of twelve (12) children, six (6) of whom can be under the age of two years old. A Child Care Center has 13 or more children depending on facility size, with child-to-adult ratios varying on age of children. A Family, Friend, and Neighbor or Relative Caregiver is a family member or friend who cares for up to four (4) unrelated children, OR any size sibling group, for state payment purposes. Care may be provided in the child's home in certain circumstances. 164 386 Other Resources 165 387 I GSKY 388 Introduction Summary Overview Data Collection Methods Data Limitations Existing Providers in Big Sky State of The Industry Demand - Consumers/Families Accessiblity Affordability Supply - Providers Financial Assistance Programs Financial Model Laws and Regulations Funding Federal State Private and Local Community Collaborations Employers Conclusion Page 02 Page 03 Page 04 Page 04 Page 04 Page 05 Page 06 Page 08 Page 10 Page 15 Page 16 Page 16 Page 18 Page 21 Page 22 Page 23 Page 23 Page 24 Page 24 Page 25 Page 26 TABLE OF CONTENTS 389 1Economic Policy Institute (n.d.). Child Care Costs in the United States. https://www.epi.org/child-care-costs-in-the-united-states/#/MT 2 Childcare Community Needs Survey 2 | Big Sky Childcare Report Across the United States, childcare is a pressing issue affecting millions of families. Access to affordable and high-quality childcare remains limited, leaving many parents struggling to findsuitable options for their children. Rural communities are particularly affected, exacerbating theimbalances already present in our country. The average annual cost of infant care in Montana is $9,518, 40.3% more per year than in-state tuition for a four-year public college1. In Big Sky, the average annual cost of childcare is $20,795, over double the state average2. This costdemonstrates the necessity for childcare solutions that address affordability and accessibility.The dual emphasis on affordability and accessibility serves the immediate needs of families and plays a pivotal role in sustaining a thriving and productive local workforce. This study focuses on assessing the childcare industry in Big Sky by addressing the challenges of affordability and accessibility surrounding childcare in Big Sky and neighboring communities. To address these challenges, the Big Sky Childcare Task Force (BSCTF) was established, consisting of members from the Yellowstone Club Community Foundation, Northern RockyMountain Economic Development District, Spanish Peaks Community Foundation, Big SkyChamber of Commerce, childcare providers, and local employers, and other stakeholders. With a data-driven approach, the BSCTF aims to develop solutions that not only cater to the needs of working families but also contribute to the long-term viability and prosperity of localbusinesses. Employing an economic framework, this analysis deconstructs the study into two integral facets: Demand and Supply sides. This approach facilitates a comprehensive exploration of the childcare landscape, providing insights into the preferences and requirements of families(Demand) as well as the operational challenges and capacities faced by childcare providers (Supply). The first step in addressing the challenges of affordability and accessibility lies in acquiring a comprehensive understanding of the current state of childcare in Big Sky. This endeavor involved the collection of data through community and workforce surveys, and the utilization of publicly available information. Furthermore, data from existing childcare businesses wasutilized to underscore the financial needs of childcare enterprises and the available resourcesfor fostering the childcare industry’s growth. INTRODUCTION 390 Big Sky Childcare Report | 3 SUMMARY 244 - Total Survey Respondents 56% of survey respondents living in Big Sky prefer a childcare facility near their home, whereas 67% of respondents living in the Gallatin Valley (but working in Big Sky) prefer childcare near their residence. 20% of Big Sky families utilize childcare offered by family members, friends, or in-home care. 16% of the Big Sky community does not currently utilize formal childcare services. 75% of Big Sky’s population is of working age, with a median age of 36 years old. 84% of Big Sky’s population is part of the labor force, compared to Gallatin’s 71% and Madison’s 53%. 176% population increase occurred in Big Sky from 2010 to 2020. 79% of two-parent families have both parents in the labor force, compared to Gallatin’s 65% and Madison’s 57%. 96% of women with children that are living in Big Sky participate in the labor force compared to Gallatin’s 66% and Madison’s 51% Primary barriers: Cost, Hours of Operations, Wait Lists, Location, Quality Financial and workforce constraints of childcare providers in Big Sky prevent Friday availability of care, and survey respondents express the need for childcare beyond “standard” business hours. Childcare providers recognize the need for continuous support and resources to improve the quality of care. Financial constraints impede providers’ capacity to attract and retain a qualified professional workforce, subsequently impacting the overall quality and availability of care. $1,733 is the average monthly childcare cost for Big Sky families, representing 16.2% of their median income. $700 or 47% is the average childcare cost reduction considered significant by Big Sky respondents from its current price. 73% of respondents reported that their ability to work has been affected due to the limited childcare options in the area. Over 25% of the respondents indicated that they are either pregnant or planning to have children soon. Parental fees alone are insufficient to cover basic operational costs, necessitating the presence of subsidies or offsetting programs. 94% of survey respondents living in Big Sky prefer a new childcare location in Big Sky. Whereas, of the survey respondents living in the Gallatin Valley (but working in Big Sky), 36% prefer a new location in Big Sky and 32% prefer a new location in Gallatin Gateway. 391 4 | Big Sky Childcare Report Data Collection Methods In addition to the survey data, publicly available data from various reputable sources wereincorporated into the research. This included data from government agencies, educational institutions, and non-profit organizations that provided relevant information on demographictrends, socioeconomic indicators, and existing childcare infrastructure in the community. This study presents publicly available data and data collected from community surveys. The Big Sky community is unincorporated, so publicly available data is limited. To account for this,this study employed a collaborative approach involving the active participation of the Big SkyChildcare Task Force and several key community partners to deploy a community survey tocollect additional information. By leveraging collective expertise and resources, BSCTF aimed to comprehensively address the childcare needs within Big Sky and surrounding communities. The primary data collection method utilized was the Community Childcare Needs Survey togather comprehensive insights into the childcare requirements and challenges faced by thecommunity. This survey was thoughtfully designed to elicit valuable feedback from parents, guardians, childcare providers, and other relevant stakeholders. The survey covered various topics, including childcare availability, affordability, quality, and preferences. The data obtainedfrom this survey helped form the foundation of the study’s analysis and recommendations. This survey was sent throughout the community, by large employers, the Big Sky Chamber of Commerce, and other non-profits. A total of 244 responses were collected. While this study makes a good faith effort to evaluate the best available data, there arelimitations to the data that we must consider. Due to Big Sky being a small, unincorporatedcommunity, publicly available data is more limited compared to larger cities and counties. Since Big Sky is unincorporated and has a population of under 5,000, the U.S. Census Bureau draws a designated boundary around the community called a “census-designated place” or CDP. Due tothe small population size, this means the publicly available data for Big Sky is subject to higherlevels of variability. Using surveys for economic analysis comes with several limitations that warrant consideration.Respondent bias and the possibility of misreporting may introduce subjectivity, potentiallyimpacting the accuracy and reliability of the data. Response bias comes in multiple forms; examples include respondents knowingly reporting false information because they are uncomfortable with reporting the honest answers, or the phrasing of the question getsmisconstrued. Surveys often involve subjective questions, such as preferences or opinions, soaccurately quantifying and analyzing these responses for economic insights can be challenging. Furthermore, non-response bias may emerge, potentially skewing the representation of specific Community Survey Publicly Available Data Community Survey Data Limitations Data Limitations OVERVIEW 392 Big Sky Childcare Report | 5 Many publicly available data sets that are typically relied on,such as the Bureau of Labor and Statistics, are not available at the community level and only provide county-level data. This study uses the Census Bureau’s American CommunitySurvey (ACS) to get localized data. The ACS is an annual,nationwide survey that varies from the decennial census by surveying smaller sample sizes than all housing units and people in the nation. Due to the smaller sample size, there is a degree of sampling error known as the margin of error. Toanalyze details for smaller unincorporated geographic areas, the Census Bureau creates an informal boundary known as the “census-designated place,” or CDP. ACS 5-year estimatesare the only option available for the Big Sky CDP and are thus used in this study. ACS 5-year estimates have a smaller margin of error when compared to the ACS 1-year estimates but are less current than the 1-year estimates used for largerpopulation areas. Big Sky has one main childcare provider, Morningstar Learning Center, that operates during regular working hours,along with two afterschool early childcare providers, BASE Camp and United Way. BASE Camp offers afterschool care as well as summer care, while United Way offers only summer care.Additionally, there are two preschools available: one publiclyfunded and the other a private Montessori school. Morningstar Learning Center (MLC) is Big Sky’s only licensedchildcare provider. They operate year-round and specialize in providing care for infants and toddlers. Morningstar operates Monday through Thursday, from 8:30 am to 5:30pm. Previously, they also offered care on Fridays butdiscontinued this service due to staffing limitations. One alternative considered was providing shorter hours from Monday to Friday, but families expressed a preference for maintainingfull- day care from Monday to Thursday. MLC provides childcare for children aged six months to five years old. demographics or viewpoints if certain groups are more or less likely to participate in the survey. A standard critique ofusing surveys for economic analysis is that certain groups ofpeople are more likely to respond to surveys and vice versa. For example, adults with children who have dropped out of the labor force due to lack of childcare options are challengingto collect data on through traditional channels. However,understanding this population is important when analyzing the childcare industry. Big Sky Discovery Academy (BSDA) is a private Montesorrischool that service pre-K through 12th grade. BSDA operatesfrom Monday to Friday, 8:30 am to 3:30 pm. Currently, they are not open during summer hours. They offer a pre-K classroom that served 18 children in school year 2022-2023. Formerly, BSDA operated its own after-school program, butdue to staffing limitations discontinued operations. Currently BSDA utilizes BASE Camp’s after-school program by allowingstaff to escort students who utilize these services to the BASEfacility two blocks away. It is important to note that not allstudents who attend BSDA use BASE for after-school care. The Big Sky community has one public elementary school. They serve children aged three through fifth grade. In 2023-2024, there were 188 students enrolled. Ophir began operating a pre-K classroom (known as 4K) in 2021, which has the capacity to serve 20 three and four year old children.Children aged three must have an individualized education program (IEP) to enroll, but children aged four can enroll with or without an IEP. For school year 2023-2024, Ophir only enrolled 17 children, leaving three slots unfilled. Forschool-aged children, transportation to access after-school programming is an on-going issue. All classrooms at Ophir operate from 8:30 am to 3:30 pm, and the facility is not experiencing any space constraints. Currently, Ophir operates two bus lines, down from 4-5 bus routes in previous years. This is due to the lack of workers and applicants for the bus driving position. Students must beregistered as an eligible bus rider to be able to utilize this form of transportation to and from school. Big Sky Community Organization (BSCO) is a community based non-profit that fills several roles within area. BSCOoperates BASE; a community facility that provides a range ofservices, which include a fitness center, a rock climbing wall,and other programs, classes and leagues. The facility operates seven days a week. It’s hours are Monday throughFriday, 6:00 am to 8:00 pm, and weekends, 9:00 am through 6:00 pm. Children aged 12 and older can be in the facility without a parent or guardian present, although a BASE pass isrequired for access. For winter 2023, BASE is looking toextend it’s operating hours into the evening to support thosein need of late-night programming. BASE Camp is an after-school program operated at the BASEfacility by BSCO staff. It follows the Ophir Elementary Schoolcalendar, and is open to the public and does not require a BASE facility pass to access. BASE Camp provides astructured environment for children Monday through Friday,from 4:00 pm to 6:00 pm. While BSDA staff walk students over Morningstar Learning Center Publicly Available Data Limitations Ophir Elementary School Big Sky Discovery Academy BASE / BASE Camp / Camp Big Sky Existing Providers in Big Sky 393 PERCENT OF NEED PERCENT OF NEED 3The “Big Sky” area includes West Yellowstone and Ennis respondents 4The “Gallatin Valley” area includes respondents from Bozeman, Belgrade, Four Corners, and Gallatin Gateway. 6 | Big Sky Childcare Report State of the Industry The Greater Gallatin United Way offers a summer programthat operates within Ophir Elementary School. Services are offered from 8:30 am to 5:30 pm, Monday through Friday. It caters to children aged four and five, providing pre-K focusedprogramming. after school, there is not specific transportation from Ophir Elementary to BASE Camp. If students are assigned a seat onthe bus and are part of the after-school program, BASE Campstaff will greet students at the nearby bus stop. There are many families who want to join BASE Camp but do not have any form of transportation to get their children from school toBASE. Camp Big Sky, operated by BSCO, is a summer program at the Community Park that accommodates children of different agegroups. The Pioneers program caters to children in grades oneto three and operates from Monday to Friday. The Explorers program serves children in grades four to six and runs from Monday to Thursday. Hours of care are from 8:30 a.m. to 3:30pm, with an aftercare option that extends until 5:30 p.m. It is crucial to fully understand the current condition of the childcare industry in Big Sky before analyzing the facets of supply and demand. This section relies heavily on results from the Community Childcare Needs survey. Results weresegregated based on Big Sky3 and Gallatin Valley4 respondents to identify potential preference variations. Respondents were questioned about their children’s ages and whether they required care, aiming to comprehend the cohort requiring childcare. Figures 1 and 2 present visual representations of this demographic distribution. Initially, thisstudy did not intend to capture narrative from communitymembers who are family planning or currently pregnant, but these figures highlight the significance of this group. Implications of the large representation of family planning willbe discussed in Identification of Barriers: Wait Lists section. Planning/Pregnant Planning/Pregnant Infant/Toddler (0-2) Preschool(3-5) Schoolage (6+) Infant/Toddler (0-2) Preschool(3-5) Schoolage (6+) 0 0 5 10 10 20 15 30 20 40 25 50 30 60 35 United Way Figure 1: Childcare Need by Age - Big Sky Respondents Figure 2: Childcare Need by Age - Gallatin Valley Respondents 394 LEVEL OF SATISFACTION LEVEL OF SATISFACTION Big Sky Childcare Report | 7 None Childcare Center Family/Friend/In home Nanny/au pair 29% 6% 49% 16% Figure 3: Childcare Use by Families with Children Aged 0 to 5 - All Respondents Figure 5: Satisfaction with Current ChildcareOption - Gallatin Valley Respondents Figure 4: Satisfaction with Current Childcare Option - Big Sky Respondents Figure 3 demonstrates the trends of childcare utilization for all community survey respondents with children ages 0 to 5. Among the various care types available, childcare centersemerge as the most commonly chosen option, with 49% of families relying on their services. The survey also spotlights the influence of familial and socialnetworks, as 29% of families select care offered by family members, friends, or in-home care. Nanny and au pair services represent an alternative choice for 6% of families.Strikingly, 16% of the community does not currently utilizeformal childcare services. Respondents were asked to rate their satisfaction with theircurrent childcare, using a likert scale from one to five, with one being the least satisfied. Satisfaction levels varied, with no significant trend. Figure 4 shows responses from respondents living in Big Sky, and Figure 5 shows resultsfrom respondents living in the Gallatin Valley but working inBig Sky. 40 30 20 10 0 40 30 20 10 0 1 1 2 2 3 3 4 4 5 5 NUMBER OF RESPONDENTSNUMBER OF RESPONDENTS395 Year US (2020) 2015 2016 2017 2018 2019 2020 2021 Population 16 and older 261,649,873 2,238 2,326 2,373 2,572 2,610 2,641 2,616 In Labor Force 165,902,838 1,776 1,965 1,999 2,120 2,171 2,220 2,200 Civilian Labor Force 164,759,496 1,776 1,965 1,999 2,120 2,171 2,220 2,200 Employed 155,888,980 1,623 1,851 1,916 2,051 2,120 2,167 2,147 5 U.S. Census Bureau, American Community Survey 5-year Estimates, Table B23008 8 | Big Sky Childcare Report Unemployed 8,870,516 153 114 83 69 51 53 53 Not in Labor Force 95,747,035 462 361 374 452 439 421 416 Labor Force Par- ticipation Rate 63.0% 79.4% 84.5% 84.2% 82.4% 83.2% 84.1% 84.1% Unemployment Rate 5.4% 8.6% 5.8% 4.2% 3.3% 2.3% 2.4% 2.4% This section discusses the multifaceted dimensions of childcare demand, specifically focusing on accessibility and affordability. To provide a comprehensive understanding, the discussionbegins by examining general community demographics, offering insight into the contextualfactors that influence childcare dynamics within Big Sky. Following this, the investigation explores the challenges and opportunities surrounding childcare accessibility, concentrating onbarriers identified by the community and ideal childcare center locations. The analysis extendsto affordability, illustrating the financial assistance programs accessible to families and childcareproviders. The predominance of the tourism industry in Big Sky over the last decade has brought increased business demand, along with a growing workforce. In 2020, Big Sky’s year-roundpopulation was 3,854 people. Approximately 75% of the population is of working age, and the median age is a youthful 36 years old. Big Sky’s labor force participation rate is 84%,significantly higher than Gallatin (71%) and Madison County (53%). Over the last ten years, Big Sky has experienced rapid growth – from 2010 to 2020, the community’s population hasincreased by 176% (from 1,398 to 3,854). Table 1 shows a detailed break down of the Big Sky labor force over time. DEMAND –FAMILIES/CONSUMERS Table 1: Big Sky Labor Force Source: ACS DP03 5-Year Estimates 396 YEAR Big Sky Childcare Report | 9 A median age of 36 means the community has a young With many residents in their prime working and child- population focused on working, building a family, raising rearing years, it becomes crucial to address the needs of thechildren, and not near retirement. Due to population growth labor force, particularly the mothers of Big Sky. Women’s and the youthful median age, managing the working class’s participation in the workforce is a vital component of the rapid growth requires childcare investment. High living costs community’s economic growth and development. Figure 6 and the necessity for dual-income households in the area mean demonstrates that in Big Sky, the labor force participation that many families rely on both parents’ incomes to maintain rate for women with children is 96%, demonstrating a a livable wage. With 79% of two-parent families having both significant presence of mothers actively contributing to the parents in the labor force and single parents also showing local economy. We can safely assume that the high labor force a 100% labor force participation rate5, access to quality participation rate of mothers translates to high demand forchildcare is paramount. Parent labor force participation is childcare services and available hours. We suspect the highsignificantly higher in Big Sky than in neighboring communities. female labor force participation rates are attributed to the Gallatin County’s labor force participation rate for both high local cost of living, and thus the need for dual-income parents in the labor force is 65%, and Madison County’s is households. Without sufficient childcare options, working57%. If the demand for childcare continually goes unmet, mothers may face challenges maintaining their careers young families wishing to start a family will likely relocate, and achieving work-life balance. Ensuring affordable and hindering and shrinking the community’s labor force.accessible childcare services is benefitical to families and vital for retaining the current workforce in the community. Figure 6: Labor Force Participation of Women With Children in Household 100 90 80 70 60 50 40 30 20 10 0 2010 2011 2012 Big Sky 2013 2014 Montana 2015 2016 2017 Gallatin County 2018 2019 Madison County 2020 2021 96.8% 69.2% 66.4% 51.4% U.S Census Bureau ACS 5-Year Estimates Table B23003 PERCENT OF PARTICIPATION397 10 | Big Sky Childcare Report PERCENT OF RESPONSES Accessibility Cost Operating Hours/Days Identification of Barriers Figure 7: Barriers Faced When Accessing Childcare - All Respondents The Big Sky Community Childcare Needs survey analysis identified the six barriers that parents face when seekingchildcare services. Cost, days and hours of operation, and waitlists ranked as the top three issues. Figure 7 details surveyresponses regarding barriers to accessing childcare. The survey results underscored the significance of financialconstraints as a primary barrier for families seeking childcareservices. The implications and struggles of high childcare costs faced by Big Sky residents will be expanded on further in the Affordability section. In short, many respondents expressedtheir concerns about the high costs of childcare, stating howdifficult it is becoming to afford childcare on top of an inflated housing market. Another major challenge reported by community memberswas the limited operating hours and days of childcare facilities.A specific issue brought to light by the survey is the main careprovider in the community does not operate on Fridays. While traditional 9-5 schedules may be common, it’s crucial to recognize that many individuals work non-standard hours, including nights, weekends, and irregular shifts. To ensure that childcare services cater to the needs of all communitymembers, regardless of their work schedules, flexibility in hours becomes essential. In Big Sky, the service and hospitality sector plays asignificant role in the local economy, employing a substantialportion of the workforce. However, these industries often operatebeyond standard business hours, with employees workingduring evenings, weekends, and holidays. Overlooking thechildcare needs of the workforce in this essential industry can have significant consequences. It impacts the well-being of working parents within these sectors and presentschallenges for employers as they struggle to retain a stableand productive workforce. The construction industry is another significant sector in Big Sky’s economy. For parents in construction, the need forreliable and flexible childcare solutions cannot be understated. Their work often starts early in the morning andmay extend into the late afternoon or early evening, making itchallenging to align their schedules with traditional childcarecenter hours. Hours/Days of Operation Location Quality Wait List Cost Before/ After School Transportation 0 10 20 30 40 50 60 70 80 90 100 Source: Community Childcare Needs Survey 398 FLEXIBLE/VARYING EXTENDED STANDARD BUSINESS HOURS WEEKEND MON-FRI 9AM-5PM ANY REQUEST MENTIONING WEEKEND HOURS DROP-IN/PART TIME BEFORE/AFTER STANDARD HOURS Big Sky Childcare Report | 11 60% Weekend Flexible/Varying 11% 17% 12% Extended Standard Business Hours The Big Sky Community Childcare Needs survey included anoption for respondents to select “quality” of childcare. This did not emerge spontaneously as a theme, and there is notsubstantial evidence indicating inadequate quality of childcarein Big Sky. The survey illustrated the prevalent issue of long wait lists for childcare services in Big Sky. The insights from interviewswith various childcare providers echoed this sentiment, with providers unanimously acknowledging the extensive wait times experienced by families. Sometimes, families wait multiple years to secure a spot for their children in a childcareprogram. A detailed discussion on wait lists can be found in theAvailability section of this report. Figure 8 shows that although 59% of Big Sky’s residentsexpressed that childcare during standard work hours (Monday through Friday, 9-5) would be sufficient, asignificant population expressed the need for additional carehours outside of that timeframe. When considering hours of operation, it is also important to account for commute time. For example, the Big Sky workforce that lives in GallatinValley expressed a need to drop their children off atchildcare by 7:00 am to arrive to work in Big Sky on-time by8:00 am. Definition Of Variables Survey respondents indicated that parents and caregiversdesire childcare services that offer a safe and nurturing environment and facilitate their children’s holistic development. Interviews with childcare providers highlightedthe commitment of many providers in striving to meet thestandards of excellence. However, they also acknowledged the need for ongoing support and resources to enhance thequality of care they can offer. Conversations with childcare providers shed light on the challenge posed by candidates rejecting job offers within thechildcare sector. This issue is often attributed to the prevailingconditions of low wages and the burden of high housing costs.While providers are devoted to their roles, these financial limitations hinder their ability to attract and retain qualifiedprofessionals, ultimately affecting the overall quality of care. When evaluating factors that play a role in determining quality childcare, Big Sky residents and surrounding communitymembers shared insights into the elements shaping theirdecisions. According to the Childcare Survey, employeebackground checks emerged as the top priority, closely followed by providers being licensed and employee education/training. Figure 9 shows the various factors that surveyrespondents take into account when selecting a childcareprovider. In the community’s discussions about providing qualitychildcare, it’s important to recognize the role of state laws.These laws require childcare employees and providers to undergo proper training and background checks, all toensure the safety and well-being of the children they care for.Following these laws helps childcare centers maintain higherstandards of professionalism and competence, building trust and confidence among parents and caregivers. These laws willbe discussed further in the Laws and Regulations section. Quality Wait List Figure 8: Requested Care Hours - All Respondents Source: Community Childcare Needs Survey 399 12 | Big Sky Childcare Report PERCENT Employee Education/Licensing Provider Requires Vaccinations Curriculum Taught Provider is Licensed Employee Background Checks 0 10 20 30 40 50 60 70 80 90 100 Childcare Center Location Figure 9: Dimensions of Quality Considered When Choosing Childcare - All Respondents The Big Sky Community Childcare Needs survey askedquestions regarding parents’ desired location of childcareservices. The results provide valuable guidance inunderstanding the community’s preferences and priorities regarding the respondent’s desired childcare location. Resultswere segregated based on Big Sky and Gallatin Valley4respondents to identify potential preference variations.First, the survey explored the preferences of the Big Sky workforce regarding childcare proximity to their residence.Specifically, the survey inquired about workers’ preference forchildcare services to be located near their place of residenceor their workplace. Figures 10, 11, and 12 detail responses by group. Responses were segregated into two groups: those living and working in Big Sky, and those working in Big Sky and living in the Gallatin Valley. Interestingly, both groups of respondentspreferred childcare services near their residence. It wasanticipated that the geographic barrier of the Gallatin Canyon might lead to considerable disparities in parental decisions regarding childcare location. However, the survey resultsrevealed that no matter where the worker lives, parents preferchildcare near their home. Second, the survey gathered respondents’ perspectives on the most suitable location for a new childcare facility. AmongBig Sky respondents, there was a distinct preference (94%) for another childcare facility within the Big Sky area. However, among the respondents living in Gallatin Valley, only 36%prefer a new facility in Big Sky, while 32% prefer GallatinGateway, followed by another 16% preferring a Four Corners location. Figures 13, 14, and 15 illustrate these responses. Source: Community Childcare Needs Survey 400 Source: Big Sky Community Childcare Needs Survey Source: Big Sky Community Childcare Needs Survey Source: Big Sky Community Childcare Needs Survey Source: Big Sky Community Childcare Needs Survey Source: Big Sky Community Childcare Needs Survey Big Sky Gallatin Gateway Bozeman Four Corners Source: Big Sky Community Childcare Needs SurveyBig Sky Childcare Report | 13 Figure 12: Proximity to Workplace - Gallatin Valley Respondents Figure 10: Proximity to Workplace - All Respondents Figure 11: Proximity to Workplace - Big Sky Respondents Figure 13: Ideal Childcare Location - All Respondents Figure 14: Ideal Childcare Location - Big Sky Respondents Figure 15: Ideal Childcare Location - Gallatin Valley Respondents Workplace Residential 56%44% Workplace Residential 67% 33% Big Sky Gallatin Gateway 6% 94% Workplace Residential 60% 40%13% 4%4% 80% Big Sky Gallatin Gateway Four Corners Bozeman 16% 16% 32% 36% 401 14 | Big Sky Childcare Report Source: Big Sky Community Childcare Needs Survey COMMUTE TIME BY COST SAVINGS Drive Time Figure 16: Adjusted Commute Time Based on Childcare Cost Savings - All Respondents Figure 16 provides insights into how the Big Sky workforce is willing to adjust their commute time in response to varying childcare cost reductions. These statistics, specifically related to childcare cost reductions for Big Skyresidents, will be discussed later in the Affordability section. As expected,when childcare costs decrease or are offset by supportiveprograms, Big Sky workers become more willing to extend their commute times. 100 90 80 70 60 50 40 30 20 10 0 0-9 Minutes Market Price 10-19 Minutes Partial Subsidy 20-29 Minutes Full Subsidy 30+ MinutesPERCENT OF SUBSIDY402 6U.S. Census Bureau, American Community Survey 5-year Estimates, Table S1901 59716 Zip Code 59716 59718 59715 59730 59714 59729 59741 59758 59752 59740 59720 59741 59718 #of Employees 912 465 272 134 123 64 17 16 14 6 2 Big Sky Childcare Report | 15 Geographical Distribution of Workforce Figure 17: Big Sky Employee Residence by Zip Code According to the U.S. Department of Health and HumanServices, childcare is affordable if it costs no more than 7% ofa family’s income1. Survey respondents reported an average of $1,733 per month in childcare costs, making up 16.2% of a family’s median income in Big Sky2,6. This highlights aconcerning disparity between the recommended affordabilitythreshold for childcare costs, and those faced by families in the local and surrounding regions of Big Sky. The averagechildcare cost reduction that Big Sky survey respondentsdeemed significant is $700, or 47% of its current price2. Areduction of this amount would lower costs to 7% of median family income, in alignment with the U.S. Department ofHealth and Human Services affordability factor. Figure 17 is a heat map of the location of Big Sky employees,generated using zip code data from several large employerswithin Big Sky. This information was derived from thepermanent addresses of employees, offering insights into the origins of Big Sky’s workforce across Montana. When used in conjunction with the survey results regarding childcareplacement, this visualization aids in identifying the moststrategic locations for childcare services that would effectively cater to the needs of Big Sky workers. As revealed through open-ended survey responses, severalrespondents articulated that the high costs have influencedtheir decision to start a family, stating that they cannot affordto have children if they want to continue living in Big Sky. This insight holds particular significance when consideringstrategies for retaining and expanding the local workforce.This is expanded on in further detail at the end of this reportunder the “Other Solutions for Considerations” section. Affordability 5 9 937 5 9 831 5 9 840 5 9 761 5 9 901 5 9 911 5 9 860 5 9 8025 9 823 5 9 858 5 9 711 5 9 843 5 9 417 5 9 725 5 9 759 5 9 754 5 9 749 5 9 755 5 9 632 5 9 602 5 9 425 5 9 474 5 9 720 5 9 752 5 9 644 5 9 730 5 9 758 5 9 714 5 9 715 5 9 442 5 9 047 5 9 030 5 9 446 5 9 011 5 9 068 5 9 019 5 9 230 5 9 301 5 9 330 Powered by Bing© GeoNames, Microsoft, TomTom Big Sky Employee Residence Map 5 32 5 9 720 5 9 752 5 9 730 5 9 758 5 9 714 5 9 715 5 9 047 5 9 030 403 16 | Big Sky Childcare Report 7https://dphhs.mt.gov 8Federal Poverty Guidlines can be found here: https://www.projusticemn.org/fedpovertyguidelines/ SUPPLY -PROVIDERS Transitioning from the examination of the community’s demand for childcare services, the focus now shifts to the supply side of the equation. The conversation surroundingdimensions of childcare supply begins by exploring childcarecosts and financial assistance programs. Then, the discussion shifts to examine availability, specifically the operational aspects of childcare services in Big Sky, including their capacityto accommodate children. Following that, we depict thefinancial challenges that childcare providers struggle with done by evaluating the financial models of existing providers. Additionally, a thorough exploration of laws and regulationsspecific to health and safety will provide insight into regulatoryenvironment in which providers operate. Moving beyond this, we discuss the intricate web of funding sources available to the childcare industry. This encompasses funding fromfederal, state, private, and local entities, with allocations aimedeither directly at families or benefiting childcare providers. This analysis is concluded with suggestions for non-monetary support and community solutions for consideration. The Early Childhood Services Bureau (ECSB) is a state program that provides Best Beginnings childcare scholarships (BBCCS) to eligible low-income families. The program wasestablished to provide scholarships to qualified low-incomefamilies whose children receive care from a licensed childcare provider or daycare facility. These scholarships use a sliding fee scale7, ensuring that each family contributes to the cost ofcare based on their financial capacity. Qualified families withincomes at or below 200% of the Federal Poverty Guidelines8 are eligible for the Best Beginnings Scholarship. Recipient families are required to make a copayment towards the cost of childcare. The copayment amounts are established based on the family’s income level as follows: (1) Families with qualifying incomes less than 100% of the federal poverty level must pay $10 monthly, (2) Families with qualifying incomesbetween 100% and 200% of the federal poverty level will havetheir copayment calculated using a sliding fee scale, with the maximum limit set at 7% of their monthly income. The state pays the scholarship directly to the childcare provider, with thecopayment coming from families to the provider. The Best Beginnings Scholarship, while suitable for some communities in Montana, falls short of meeting the needs of Wellness In Action (WIA) is a non-profit organization within the Big Sky community that facilitates access to a scholarship resource network. With 18 years of dedicated service, WIA strives to empower children with transformative experiencesthrough its scholarship offerings. During the Summer of 2023, WIA granted 31 camp scholarships totaling $31,617. Similarly, in Winter 2022/2023, WIA awarded 31 scholarships for winter camp programs, including ski and hockey lessons,totaling $16,930. WIA operates on a sliding scale based onfederal poverty levels to address families’ financial challenges. They have designed a sliding scale calibrated at 500% of poverty levels, which accommodates a family of three,comprising two parents and one child, with an income of up to$124,3008. This approach makes the assistance program much more applicable to the specific needs of Big Sky. However, despite its relevance, the program faces limitations due toresource constraints. While WIA exceeded its budgetedscholarship awards this year, the program typically operates with a limited grant budget of $25,000. Considering the average cost of childcare in Big Sky, this amount is not enoughto cover even four children on half scholarship. Big Sky Discovery Academy (BSDA) is a Montessori school and early childhood care provider. Discovery Academy doesnot receive state funding, relying instead on communitysupport. In the coming year, the academy plans to allocate scholarships to enhance accessibility for students. BSDAraises funds from various sources, including resort tax contributions andcommunity foundations. BSDA conducts three significant fundraisers yearly to support its scholarship initiatives. Through these fundraising efforts, Big Sky DiscoveryAcademy aims to foster an inclusive educational environmentby providing essential scholarship support to its students and educators. Big Sky residents. The income eligibility criteria, limited to 200% or below the federal poverty guidelines, exclude manyBig Sky residents facing childcare cost challenges. Due to highcosts of living translating to higher wages, Big Sky’s median annual family income is $128,506, equivalent to approximately $10,708 monthly5. This is well above the federal poverty level– for a family of three, 200% of the Federal Poverty Guidelinescalculates to an annual income of $46,060 or a monthly income of $3,8388. The Best Beginnings Scholarship’s eligibility criteria do notallow for families to access this resource to help offset the childcare cost challenges many Big Sky residents face. A notable gap exists in meeting the needs of working familiesseeking affordable childcare options. Financial Assistance Programs Best Beginnings Childcare Scholarships Wellness In Action Big Sky Discovery Academy 404 Big Sky Childcare Report | 17 General childcare availability is pivotal in supporting parents’ ability to maintain employment while fostering a nurturingenvironment for children to learn and grow. Without worrying about childcare, parents can confidently focus on their professional responsibilities, leading to increased job satisfaction and productivity. Beyond the workforceadvantages, the availability of nurturing and stimulatingchildcare environments positively impacts children’s early development. Early childhood is a crucial period for cognitive, social, and emotional growth, and qualitychildcare programs can provide a supportive setting forchildren to explore, learn, and build essential skills. According to the findings from the Community NeedsSurvey, it becomes evident that childcare availabilityconstraints have a notable impact on employees in Big Sky. A significant 73% of respondents reported that their ability to work has beenaffected due to the limited childcare options in the area.The survey also unveiled future implications, as over a quarter of the respondents disclosed that they are either pregnant or planning to have children soon. The data highlights thenecessity for comprehensive and accessible childcare solutions in Big Sky, supporting the working population and anticipating the needs of families in the coming years. Despite these impressive fundraising efforts, it’s important to note that the scholarship funds raised apply only to enrolledor prospective students and staff of Discovery Academy,making the effectiveness of these scholarships very localized. Morningstar Learning Center (MLC) is a year-round earlychildhood education program. MLC is not state-funded and relies on community support, including Resort Tax, community foundations, and individual fundraisers. Even withthe substantial backing from these entities, MLC’s tuitionrates are too high for most families to consider affordable. To keep high-quality early education accessible, MLC raisesfunds annually for its need-based Tuition AssistanceProgram. All MLC families can apply annually through a third- party platform, ensuring that decisions are based solely on objective financial information. Upon introducing thisprogram, MLC observed a 25% increase in days enrolledamong recipients, demonstrating the impact of need-based financial aid in Big Sky. Throughout the 2022-2023 school year, MLCdiscounted tuition for 67% of enrolled families and awardedover $300,000 in tuition assistance. Two years ago, Ophir Elementary School began to offer apre-K classroom, also called 4K. In school year 2022-2023,Ophir had full enrollment of 20 children. However, for the 2023-2024 school year, Ophir only had 17 children enroll in the program, leaving 3 available slots for children aged 3-4years old. This waitlist also operates using a priority-based procedure.Parents can submit an intent to return in January of each year, and any open spots are filled from the current waitlist. The priority order for enrollment is as follows:1) Siblings of current students 2) Legacy (if the first child in a family has enrolled and finished, the next child receives priority) 3) Year-Round Big Sky Resident 4) Big Sky Business Owner 5) Big Sky / Town Center Employee 6) Referral Parents turned down in one year and placed on the waitlistretain their priority status for the following year, alongside siblings. Staff reports indicate that typically, by the time they reach the priority listing for Big Sky residents, all spots arealready filled. When families inquire, they can pay a $75 application fee tobe entered into the care center’s system and added to thewaitlist. The waitlist operates using a priority-basedprocedure. The priority order for enrollment is as follows: 1) Morningstar Learning Center Staffs Children2) Siblings of Currently Enrolled Children3) Children of Locally Employed Families4) Children of Full-Time Residents Who Are Not Locally Employed5) Not-Full-Time Residents Who Are Not Locally Employed Morning Star Learning Center has 54 available slots when fully staffed and currently operates on a waitlist. Morning Star Learning Center Ophir Elementary School Big Sky Discovery Academy Summary of Available Slots Morning Star Learning Center Availability Available Slots and Waitlists Child Age 0-2 Year Olds 3-4 Year Olds 5+ Year Olds Provider MLC MLC, Ophir, Discovery MLC (5 y.o. only) Ophir, Discovery Slots 24 68 58 405 9A center model serves 13+ children and the number of staff are dependent upon the ratios of children, the group model serves 2-15 children, typicallyin a home-based setting and staff are dependent upon the ratios of children, and the family model serves up to 8 children with one caregiver, typically in a home. 18 | Big Sky Childcare Report Financial Model With a fully staffed team, United Way can serve up to 30 children. On average, across eight weeks, 17 families areparticipating each week. However, it is essential to note thatthe total number of families involved in the program is 25, assome families may not utilize it for its entire duration. On a weekly basis, the program has an average of 13 students inattendance. The school has allocated 36 slots for children aged 3 to 5, 17 for students in grades 1 to 3, 15 for those in grades 4 to 6, and30 for grades 7-12. However, these slots’ availability dependson having a fully staffed facility. The BASE Community Center is accessible to the public,although a BASE pass is necessary for entry. Children who are 12 years and older can use the Community Center without supervision. It is important to clarify that while a pass isnecessary to access BASE’s fitness center and participate in itsvarious programs, classes, and leagues, BASE Camp and Camp Big Sky are exceptions. Their afterschool service is open to the entire community without a pass requirement. Enrollment forBASE Camp is limited to 20 children, a restriction attributed to spatial constraints. For Camp Big Sky, 50 positions are open for students in grades 1-3, and an additional 30 spots are available for those in grades 4-6. In order to illustrate the intricate financial challenges thatchildcare providers grapple with, this study examined the financial statements of 14 providers, located throughout the region, for the year 2022. The goal is to offer a concise analysisof their income and expenditures, aiming to simplify the intricate financial structures that childcare providers navigate. It is important to note that this financial modeling is not meant to be complex or account for details that providers considerwhen making financial decisions. This analysis is intentionallyoverly simplistic in order to understand the challenges of the business model that childcare providers face, and present a starting place for deeper discussion to begin. This analysis is crucial given that childcare providers frequently operate with minimal or no profit margins. It aims to emphasize the importance of public support andinvestment for these providers. Lacking such backing couldmake it challenging to cover operational expenses and offer competitive wages—essential for attracting a skilled workforce—without resorting to significant fee increases for parents. Across all the examined businesses, it becomesevident that parental fees alone are inadequate to cover basic operational expenditures without the presence of subsidies or Revenue Per Child Average Parent Pay Average Subsidy Cost Per Child Margin Average Wage Family $977.33 $748.00 $229.33 $993.00 $(15.67) $16.79 Group Center $891.75 $1,217.00 $492.00 $1,189.00 $399.75 $28.00 $890.25 $1,252.50 $1.50 $(35.50) $16.57 $20.45 Center-Based Childcare Infant $13,087 $10,004 Toddler $11,451 $8,753 Preschool $11,451 $8,753 School-Age $11,451 $8,753 Average Center $11,860 $9,066 Based Cost Home-Based Childcare Infant $10,081 $7,503 Toddler $9,409 $7,003 Preschool $9,409 $7,003 School-Age $9,409 $7,003 Average Home Based Costs $9,577 $7,128 This section examines 14 childcare providers’ financial reportsacross three different types of service provider models. The three service provider models examined are a center model, a group model, and a family model.9 The financial statementsfrom providers in each service delivery model are averagedtogether. This allows for average revenue per child and programs to offset expenses. The following section will analyze childcare providers’ costs averaged over those using the sameoperating model, followed by a cost comparison of surveyrespondents and publicly available data. United Way BASE / BASE Camp / Camp Big Sky Regional Financial Comparison Table 3: Average Annual Cost by Age Table 2: Average Financial ModelBy Service Delivery Type Source: Cost of Care Financial Models Source: Department of Labor, Women’s Bureau, National Database of Childcare Prices Gallatin County Madison County 406 10STAR incentives are the voluntary quality program described in the funding section of this report. 11CACFP payments are the Child and Adult Care Food Program, a reimbursement program described in the funding section of this report. Big Sky Childcare Report | 19 Cost Comparison Big Sky Community Survey Average Cost Avg. Center Based Cost (DOL) - Gallatin Avg. Center Based Cost (DOL) - Madison Avg. Center Based Cost (Local) Avg. Home Based Cost (DOL) - Gallatin Avg. Home Based Cost (DOL) - Madison Avg. Family/Home Based Cost (Local) Annual Cost $20,796 $11,860 $9,066 $15,030 $9,577 $7,128 $11,916 average cost per child to be compared. We also calculate the average hourly employee wage within each service deliverymodel, shown by Table 2. It is important to note that theChildcare Center service delivery model has more staff, and typically a center director will have a higher wage than an assistant teacher or other less experienced staff. Table 2 demonstrates the results of the averaged financial reports within each service delivery model. In this calculation, revenues include tuition, fees, and costs that parents pay for their child, along with any subsidies, incentives, or grantsthat the provider receives. Costs include all operating costs the provider pays, such as rent, utilities, transportation, supplies, food, wages and fringe, insurance, and training costs. The margin per child shows the difference betweenaverage revenue per child minus the average cost per child. As illustrated, the family and center childcare models have negative profit margins, while the group service delivery model has a narrow positive margin of $1.50 per child. Tovisualize revenues and expenses, Figure 18 demonstrates the composition of revenues or expenses for each childcare model. In each of the models, personnel expenses representa large majority of the expenses providers face. We can seefrom Table 2 that despite personnel being the bulk of expenses, employees are not being paid high wages in comparison with other industries. In both the family andgroup models, the average hourly wage of employees hoversaround $16.00 per hour, with the center model having a slightly higher average hourly wage at $20.45 per hour. These wages are modest and as mentioned several times inthis report, are not high enough to competitively recruit newstaff to fill labor shortages faced by providers. When examining average revenues per service delivery type, parent pay (including tuition, fees, etc.)constitute the bulk of revenues. Additional revenues for eachmodel include STAR incentives10, CACFP payments11, and other subsidies. These additional revenue sources, while small, are crucial to closing the gap between revenues andcosts that providers face. Without these programs, thenegative profit To perform the cost comparison analysis, several sources of data were used to compare the estimated annual costs of childcare. First, the U.S. Department of Labor Women’s Bureau provides costs estimates by childcare type for 2023.Table 3 shows these estimates for Gallatin and MadisonCounties. These numbers are broken out by a center model versus a home-based model. Home-based providers tend to have lower costs because of the need for less staffing, andspace costs are significantly less than centers. To simplify for comparison, the averages across the county were also provided. This data shows that infant care is more expensive than older children, however it does not convey the subtletiesof price changes as children get older. It is clear from this datathat annual costs of childcare are higher in Gallatin County than in Madison County in both home-based and center care models. margin increases, further forcing providers to either increase the cost to parents or cease operations. For each model, we calculate the average parent pay per month and the average subsidies received by providers per month. Please note that this is the average across all agegroups, but typically rates for infants and toddlers are higherdue to a lower staff to child ratio required by the providers, and rates tend to decrease as the child gets older because staff to child ratios increase, thus making it a bit moreeconomical to provide care for older children. For the family model, the average parent pay per month is $748 and the average subsidies received are $229 permonth. If family providers did not receive subsidy programs,parent pay would have to cover this gap, increasing to $977.33 per month. For the group model, the average parent pay is $492 per month, with average subsidies received equating to $399.75 per month. As in the family model, if the average subsidies went away, parents would have to bear the increase of monthly costs up to $891.75. The Center modelreceives the highest average of parent pay, equating to $1,189 per month, and the lowest of the available subsidies, totaling to an average of only $28 per month. Without subsidies, parentpay would increase to $1,217 per month. This modeling demonstrates: 1.) most childcare providers do not face large profit margins, if any profit margin at all, andoperate on minimal net profits. 2.) while a majority ofexpenses are comprised of personnel costs, hourly staff wages are not at the top end of competitive wages. 3.) Despite the highcosts that parents face, without additional support in theform of grants, subsidies, or other public programs, parent pay would increase or childcare operators would be forced to close their doors. Table 4: Regional Childcare Annual Cost Comparison Regional Cost Comparison 407 20 | Big Sky Childcare Report Figure 18: Snapshot of Average Monthly Financial Model by Service Delivery Type $1,500 $1,400 $1,300 $1,200 $1,100 $1,000 $900 $800 $700 $600 $500 $400 $300 $200 $100 $0 Center Parent Pay Subsidy STAR CACFP Group Other Food Personnel Other Operations Family Rent Utilities When comparing costs, it is important to remember that these cost estimates are averaged across the entire county –where personnel and space costs are radically different in atown such as Three Forks, MT when compared to Big Sky, MT. It is also important to keep in mind that publicly available datafor rural areas such as Montana can have large margins oferror. These numbers should only serve as a baseline in establishing a cost comparison. Table 4 shows the annual cost comparisons across the region and to Big Sky. First, the average cost of childcare that survey respondents gave is provided. This cost averaged tobe $1,733 monthly or $20,796 annually. Then, data from thecenter and family providers in Table 2 were annualized and provided in Table 4 as “Average Center Based Cost (Local)” and “AverageFamily/Home Based Cost (Local).” From this comparison, we can see that annual childcare costs in Big Sky are significantly more than across the region.This is likely due to higher wages and personnel costs thatproviders in Big Sky face, along with higher facility costs. This cost comparison demonstrates a need for additional technical financial analysis that examines costs versus revenues forproviders that investigates how the financial model variesbased on the age of the child, and their attendance. 408 12https://leg.mt.gov/bills/2023/billhtml/HB0422.htm 13 https://leg.mt.gov/bills/2023/billhtml/HB0187.htm 14 MCA: 37.95.108 15 MCA: 52-2-721, Amended https://leg.mt.gov/bills/2023/billhtml/HB0556.htm 16 MCA: 37.95.622 Big Sky Childcare Report | 21 Childcare facilities in Montana are subject to specific licensing and registration requirements. Family or group childcare facilities must be registered, while childcare centers must be licensed14. These regular certificates and licenses, issued by the department, are valid for up tothree years. However, under House Bill 55615, facilities with fewer than six children are exemptfrom licensing. Montana’s Childcare facilities must adhere to specific personnel and training standards16. Acomprehensive background check by the Montana Department of Justice and the FederalBureau of Investigation is mandatory for all individuals seeking employment in a childcare facility. This check must be conducted before employment commencement and repeated every five years thereafter. Childcare facilities must also ensure their staff meets stringent The Montana state legislative session of 2023 made multiple significant changes in childcare law. House Bill 42212 aims to revise childcare ratios within childcare centers for enhancedoperational efficiency. The modifications entail larger ratios for younger children, specificallythree to five years olds. This bill balances childcare quality and capacity, reflecting age-appropriate supervision ratios and group sizes in childcare settings. Another essential change is introduced by House Bill 18713, designating home-based child careas a residential property use. This is significant for communities like Big Sky, grappling withspatial constraints and high building costs. This designation might encourage innovative land use practices and solutions to optimize available spaces. However, effective implementationhinges on proactive communication with local Homeowners’ Association (HOA) boards to alignin-home child care with existing regulations. Previously, this report mentioned different quality factors families consider when choosing a childcare program. The top responses to the question regarding quality dimensions said employee background checks and education, facility/center licensing, curriculum taught, and vaccination requirements. Montana has established a comprehensive framework of laws and regulations governing various childcare operations. Encompassing a broad spectrum, from in-home facilities to childcare centers, these regulations are pivotal in ensuring the safety, well-being, and quality of childcare services. This section is dedicated to shedding light on the latest amendments to childcare laws resulting from the most recent state legislative session. Moreover, it will provide a concise overview of significant elements within the existing legal framework, focusing specifically on health and safety regulations. Recent Law Changes Important Regulation - Health & Safety LAWS AND REGULATIONS 409 22 | Big Sky Childcare Report 17MCA: 37.95.60218 https://www.oecd.org/els/family/database.htm educational and training benchmarks. Directors, early childhood teachers, and assistant teachers must completeannual training to maintain a current status on the EarlyChildhood Practitioner (ECP) registry. By law, childcare facilities must meticulously craft andimplement a program that aligns with each child’s distinctivejourney of growth and well-being. This program must encompass a balanced mix of active and passive learning experiences, all executed under the direct supervision ofqualified adult staff17. Despite research overwhelmingly demonstrating that investment in childcare has multiple and layered positive economic impacts, the United States invests fewer public dollars in earlychildhood education (relative to gross domestic product) than other developed countries. The U.S. ranks 35th out of 37th in countries tracked by the Organization for Economic Co-Operation and Development (OECD)18. The average country in the EU spends $4,700 per infant aged 0 to 5, and the U.S. only invests $2,400. Discussing available funding forprogramming is complex and layered. Below, we attempt to provide a structured approach to outline available funding to support childcare, from both a family perspective and a childcare provider perspective. Access to funding occurs through three channels: at the federal level,state level (which may vary by state), and within the local private community. To wrap up thissection, we present non-monetary recommendations for employers to support their workforce in managing childcare responsibilities. It’s important to acknowledge the complexity surrounding childcare licensing. Many childcare providers may not have afull grasp of the entirety of licensing rules and regulations. Thiscomplexity could inadvertently result in gaps in compliance or a lack of awareness about specific requirements. The role of organizations like Community ChildcareConnections (CCC) within our community is significant. Through its guidance, CCC plays a crucial role in assisting providers in meeting the required legal standards, therebyenhancing the quality and safety of childcare services forchildren in our community. FUNDING 410 https://dphhs.mt.gov/ecfsd/childcare/Index https://www.irs.gov/publications/p503 https://dphhs.mt.gov/ecfsd/ChildCare/stars/index Big Sky Childcare Report | 23 Federal State Families Providers Providers There is only one federal program that provides direct support to families seeking relief from the high costs of childcare. TheInternal Revenue Services offers a Child and Dependent CareCredit that parents can claim on their annual federal tax filing.Individuals with children are eligible to claim the tax credit if Programs provide direct and indirect support. Federally, thereare four main sources of funding that support childcare - TheChild Care and Development Fund (CCDF), Headstart, theSocial Services Block Grant (SSBG), and Temporary Assistance for Needy Families (TANF). The CCDF is distributed directly to states, territories and tribes. In Montana, CCDF funds go to the Montana Department of Public Health and HumanServices (DPHHS)19. Direct programs offered by the federal government to support childcare providers are few and far between. Oneprogram is the Child and Adult Care Food Program (CACFP), which provides reimbursements for nutritious meals and snacks to eligible children enrolled at participating childcarecenters and daycare homes. To receive this funding, for-profitchildcare centers must have at least 25% of their enrollment or licensed capacity, whichever is less, at the free or reducedreimbursement rate, and parents must fill out income eligibilityforms. Nonprofit child care centers can pursue an onlineapplication through the Montana CACFP website. The U.S. Department of Health and Human Services alsoprovides grants to local public and private nonprofit andfor-profit agencies through the Head Start and Early Head Start programs that provide early learning services to children in low-income families. Locally, the Human ResourceDevelopment Council of District IX (HRDC) provides HeadStart and Early Head Start programming to Gallatin and Park Counties. They are funded to provide services to 152 children,and they served 113 during the 2021–2022 school year.Eligibility is based on family income at or below the FederalPoverty Guidelines (FPL). Children in foster care, homeless children, and children from families receiving public assistance(TANF or SSI) are eligible regardless of income. They may enroll up to 35% of families who are between 100% – 130% ofFPL. Unfortunately, as discussed earlier, most Big Sky families do not qualify for this programming. However, there might beopportunities to collaborate with HRDC’s Head Start programto offer the quality programming that has been provensuccessful in raising children’s school readiness outcomes. they have earned income and paid for expenses for the care of a qualifying child, which is a child under the age of 13 or a dependent of any age who is incapable of self-care. It is anonrefundable tax credit on qualifying expenses up to $3,000 for one child or up to $6,000 for two or more qualifying children. The maximum credit is 35% of related costs if anindividual’s adjusted gross income is below $43,000. Above$43,000, the maximum credit is 20% of related expenses. For more information, please see IRS Publication 50320. Resources at the state level to support childcare are largelyprovided through Montana DPHHS. The child and family services that DPHHS oversees are child support, childcare,early childhood, adult protective services, and child protectiveservices. The Office of Public Instruction oversees schoolingand education for children in Montana, with some resources allocated to afterschool programs. The Early Childhood Services Division (ECSD) of DPHHS oversees various programs, giving services to providers and families. These programs include the Best BeginningsChildcare Scholarship, the STARS to Quality program, childcare licensing, childcare referral agencies, Headstart, and the Montana Milestones program. These programs primarilyoffer financial support and resources to childcare providers.The first option is the Best Beginnings Scholarship, which has been detailed earlier in this study. The second resource available to childcare providers is the STARS to Quality Program. It is a voluntary quality rating program and improvement system that aligns quality indicators with support and incentives for early childhoodprograms and professionals. Five levels (STARS) evaluate and promote education, qualifications, training, leadership, program management, quality supportive environments, and family and community partnerships. Participating childcareproviders receive a financial incentive that increases at eachlevel and is larger depending on the size of the provider. STARS incentives can be used for continuous quality improvement, staff support, salaries, professional development, equipment,etc. STARS incentives may not be used for construction. Formore information, please visit the ECSB website 21. Another resource available to certain childcare providers is the 21st Century Community Learning Center grant throughthe Montana Office of Public Instruction (OPI). This grant provides funds to local education agencies and community-based organizations. Grants amount to a minimum 19 20 21 411 22 https://opi.mt.gov/Leadership/Academic-Success/After-School-Programs#10699812176-resources23 https://cccmontana.org/24 https://mcdc.coop/ 24 | Big Sky Childcare Report Private and local resources largely bear the brunt of helping offset the high childcare costs. Especially in the BigSky community, where residents rarely qualify for publicfunding support, local nonprofits, community foundations, and other resources shoulder the burden of supporting familiesand providers. There are very few state programs offered directly to familiesto support the reduction of childcare costs. Many states around the U.S. provide specific state-wide childcare tax credits, similar to the federal credit. Interested parents couldtalk to their state representatives to advocate for the creationof a tax credit accessible to Montana families. Locally, Child Care Connections (CCC)23 is one of seven Child Care Resource and Referral Agencies (CCR&R) in Montana. Together, they provide support to early childhood professionals and families across Montana. CCC is a nonprofitthat serves Gallatin, Park, Meagher, Lewis & Clark, Jefferson,and Broadwater counties by providing critical support to families and childcare professions to improve the quality of and access to childcare. The Big Sky Resort Tax District (BSRAD) has significantly invested in local childcare providers over the past several years. BSRAD was established as a resort tax district in 1992,and since then, approximately $80 million has been reinvestedback into the community. The collections are 4% of sales on eligible “luxury” industries, primarily focused on tourism. Of the 4% tax collected, 1% must be invested in infrastructure.The remaining 3% of tax collections are reinvested back intothe community. The BSRAD collects and manages these funds. In fiscal year 2024, BSRAD committed over $21 million to over 30 organizations, investing in health and safety, publicworks, recreation and conservation, arts and education,economic development, and housing. BSRAD has offered consistent and increasing support in the way of funding to both Discovery Academy and Morningstar Learning Center. In fiscal year 2022, BSRAD reinvested $320,000 in these two childcare programs. This funding increased in fiscal year 2023 up to $549,000. Currently, in fiscal year 2024 BSRAD of $50,000 for five years, aimed at providing academic enrichment during out-of-school hours and fostering literacyand educational development for students and families. Thereare several levels of eligibility criteria to qualify to receive this funding. To learn more, please visit the Montana OPI website22. invested $725,000 in childcare in Big Sky. This demonstrates the ongoing community need for childcare while alsodemonstrating the important funding gap that is filled by thelocal community. Aside from nonprofit grants and donations, communitymembers seeking to support childcare can explore additional options for their workforce. These options are presented from two distinct angles: first, from a community perspective,highlighting strategies that community collaborations could address collectively, and second, from an employer perspective, focusing on ways businesses can support the parents within their workforce. One program that employers could consider offering to their employees is a dependent care flexible savings account (FSA).Employees should consider advocating for this program,further details are discussed below. Another option for communities to consider is a co-op modelof childcare. This allows for sharing costs and managementacross all members within a co-op. Employers, childcare providers, or even parents can establish a co-op childcare. In Montana, the Montana Cooperative Development Center hasexpertise and resources to help communities develop co-opsthat help to advance economic vitality24. The first option to examine is a discussion with various homeowner’s associations (HOAs) in the market. Home-basedchildcare is the most affordable option to provide childcare toa local community. However, a large majority of HOA’s restrictbusiness activity within a neighborhood. One way to solve this issue is to work with HOAs to allow for exceptions forhome-based childcare operations, as mentioned before by thepassage of House Bill 187. Currently, there are a few options that community collaborations can tackle that might help to ease the strain thatthe expense of childcare puts on the community. Providers Families HOAs Families Cooperatives Other Solutions for Consideration Private and Local Community Collaborations 412 25 https://home.treasury.gov/system/files/136/The-Economics-of-Childcare-Supply-09-14-final.pdf26 Four states were studied, Iowa, Idaho, Mississippi, and Pennsylvania. Source: U.S. Chamber of Commerce Foundation. 2020. “Untapped Potential: Economic Impact of Childcare Breakdowns on U.S. States.” https://www.uschamberfoundation.org/reports/untapped-potential-economic-impact-childcare-break-downs-us-states 27 Child and Adolescent Health measurement Initiative, Data Resource Center for Child and Adolescent Health. “2018-2019 National Survey of Children’s Health data query.” https://www.childhealthdata.org 28 From Washington Center for Equitable Growth. “Working by the Hour: The Economic Consequences of Unpredictable Scheduling Practices.” by Heather Boushey and Bridget Ansel, September 2016. And “Extensive Nonstandard Work Hours Among U.S. Low-Income Mothers Hinder Their Kids’ Enrollment in Center-Based Childcare.” by Cesar Perez, August 2019. Big Sky Childcare Report | 25 Employers Employers have many reasons to consider increasing support to employees with children. Research shows that access to childcare is a significant determinant of whether parentsremain in the labor force, especially when considering female labor force participation25. Employers also face the repercussions of childcare accessibility challenges, including increased employee turnover, staffing shortages, and theassociated expenses of training and retraining. The U.S.Chamber of Commerce Foundation estimates costs to employers ranging from $375 to $500 per working age adult due to childcare-related absences and turnover26. Nationally,from 2018 to 2019, over two million parents under the age of five had to quit a job, not take a job, or change their job because of problems with childcare27. One easy way employers can support employees in coveringchildcare costs is to establish a dependent care account foremployees and allow them to elect this option as a part of theirbenefits package. A dependent care account must be set up through an employer where employees can withhold agreedamounts from their paychecks to fund the account. Thesecontributions allow individuals to reduce their taxable incomeby up to $5,000 or $2,500 if married filing separately. Eligible expenses cover a range of childcare options, including in-homecare such as a nanny or babysitter, as well as institutional carelike childcare services, summer camps, before- and after-school care, and caregiver-provided transportation, among others. This allows families to save pre-tax dollars to cover theexpenses related to childcare. Research finds that, increasingly, many workers are subject tounpredictable scheduling practices due to the implementation of scheduling software that creates employee schedules based on projected consumer demand28. Most often, theseunpredictable schedules are found in retail and serviceindustries. The ability for workers to have regular and predictable schedule allows them to enroll children in routine care and plan adequately for care needs to be covered.Additionally, irregular schedules can indirectly impact families’ability to receive childcare subsidies. Employers could consider easing the burden of childcare on parents by providing their employees with regular, predictable scheduling so those withchildren can plan for their childcare needs ahead of time. Stable Schedules Benefits and Dependent Care Account 413 26 | Big Sky Childcare Report This study has thoroughly examined the childcare landscape in Big Sky, informed by publicly available data and insights gathered through our Childcare Needs Survey. We began byreviewing the primary hurdles faced by parents, notably the challenges related to costs,limited operating hours, and waitlists. Moving beyond these barriers, we explored the preferences of Big Sky’s employees, revealing a solid desire for childcare facilities near their residences and a notable demand for extended service hours, including weekends. Many preferred operatinghours from 7 a.m. to 6 p.m. Monday through Friday, with significant requests for weekend care. Our cost analysis finds that most families currently pay an average of $1,773 monthly inchildcare costs, equating to 16.2% of the average family’s income. Survey results find a significant reduction in costs to the average family would be $700 per month, reducing monthly expenses to about $1,000. When asked if parents would be willing to extend theircommute time to access childcare if a subsidy was available, respondents indicated they would be ready to drive up to 30 minutes extra if they could receive full assistance on their childcare costs. Next, our analysis of childcare provider financial statements highlights the critical need for subsidies and community support. These support programs help narrow the profit margin gap that providers face. Without such assistance, childcare costs for parents would significantlyincrease. Although some financial assistance programs exist, they are not accessible to mostBig Sky families. Fortunately, the extensive community support provided by nonprofits, BSRAD, and local residents enables existing providers to sustain their operations. However, it’s important to note that these operations still operate with slim profit margins and faceadditional challenges in recruiting and retaining a qualified workforce. This analysis provides a beginning step for future in-depth financial analysis to occur, with the aim being to provide further understanding into the complex business model that providers face when delivering childcareservices. In looking toward the future, several promising developments are on the horizon. The Yellowstone Club has hired a director of childcare with plans to expand childcare services in the community. The YC is also taking steps toward developing a new care center.Additionally, this study is a foundational step towards a more comprehensive childcare best practices study already in motion. This report provides valuable insights that can guide future childcareinitiatives for other resort towns. However, it’s crucial to acknowledge that predictingchildcare demand remains challenging, especially without access to fertility or birth rate data. To address this issue and more, one potential avenue for further research involves implementing an annual needs survey encompassing a broader range of community needsbeyond childcare. Such a survey could provide a holistic understanding of the evolving needs of Big Sky residents, assisting community leaders in making well-informed investment decisions to support the thriving future of this unique community. CONCLUSION 414 Montana State University CCAMPIS Background: Montana State University (MSU), founded in 1893, is the state’s land grant university committed to a teaching, research, and service mission. With over 16,000 students enrolled and an estimated 500 student parents, we are the state’s largest university. Need: Available childcare options for student parents on campus and in the surrounding area are limited and cannot meet the growing demand for childcare. Compounding the problem is a workforce shortage of qualified childcare professionals. Project activities: We propose an innovative approach to supporting student parents, their children, and early childhood professionals. Our ultimate aim is to support student parent success and increase degree attainment. Our four project activities are: 1. Offer extended hour, evening, and/or weekend childcare by partnering with existing licensed center, family and group childcare programs in and around campus (Absolute Priority 1) 2. Provide childcare tuition assistance for low-income student parents using a sliding scale fee structure (Absolute Priority 2) 3. Provide wrap-around services to student parents, including financial counseling, mental health support, nutrition resources, and assistance in finding childcare in on-campus facilities or nearby licensed childcare centers, family and group programs (Invitational Priority 3) 4. Enhance the early childhood education undergraduate academic program and improve the professional preparation of the early childhood workforce, including providing skills training and mentored practice in infant and toddler care to interested students as well as stipend support for participation in the CCAMPIS project (Invitational Priority 2) Populations to be served: MSU student parents and their children are the primary beneficiaries of the MSU CCAMPIS project. We estimate offering tuition assistance to 50 student parents and to increasing enrollment of children of student parents on campus by 100%. Undergraduate students preparing for careers in early childhood education and child development will also receive increased wages as incentive to enter the profession. Contributions related to research, policy, and practice: The evaluation plan of the proposed project includes the collection of a variety of quantitative and qualitative data. Analysis of the data will help measure the success and impact of our project activities, and also provide keen insight into the unique needs of student parents. Policy outcomes have already begun in our on campus childcare programs to better support student parents by reserving enrollment and offering reduced tuition. In practice, expanding partnerships with neighboring childcare programs will provide increased opportunities to MSU undergraduates pursuing careers in early childhood education and child development. 415 Employer Supported Child Care Toolkit 416 02 Employer Supported Child Care Toolkit Getting Started Furthering the Cause Resources and Support Step 3: Adding Child Care Slots Why Child Care Matters for your Business Step 2: Employer Assisted Childcare Step 1: Family Friendly Policies in the Office 03 04 06 07 08 09 11 This toolkit is modeled after the Family Forward Montana Innitiative. 417 1. FAMILY FRIENDLY PRACTICES 2. EMPLOYER ASSISTED CHILD CARE 3. ADDING SLOTS Getting Started Employer Supported Child Care Changes in workplace dynamics, housing costs, and the lack of available affordable child care have converged to create an overwhelming need to work collectively on creative solutions to the shortage of child care options in our region. Child Care Connections, HRDC, and NRMEDD are working with local public and private entities to create family forward workplaces that will attract and retain employees. Our efforts focus on three clearly defined steps that businesses implement based on their existing and future child care requirements. The steps build upon each other, beginning with actionable items that can be instituted with minimal cost and effort. The Three Steps 03 418 Before we dive deeper into the nuances of each step, we will work with your organization to clarify: Getting Started 04 Future child care needs Existing child care needs Timing, budget, and viability Existing family friendly practices 419 Why This Matters 65% of parents work schedules are affected by child care challenges an average of 7.5 times over a six-month period Unscheduled absenteeism costs U.S. employers $3,600 per hourly employee per year. Research estimates an annual economic cost of $57 billion in lost earnings, productivity, and revenue every year in the U.S. due to child care 45%30%60% Over a six month period, 45% of parents are absent form work at least once due to child care breakdowns, missing an average of 4.3 days. 54% of employers report that access to child care services reduced missed workdays by as much as 30% An on-site child care program can reduce employee turnover by 60% 05https://www.childcareaware.org/our-issues/research/the-us-and-the-high-price-of-child-care-2019/ https://www.americanprogress.org/issues/early-childhood/reports/2019/03/28/467488/child-care-crisis- keeping-women-workforce/420 Family Friendly Practices in the Office 01 Consider your options We recommend Working through the following action items as applicable for your organization Adding workplace policies and practices that benefit parents reduces employee stress, increases employee productivity, and allows parents to have a more meaningful relationship with their children which results in goodwill towards their employer Kids at work Family friendly events Family wellbeing leave Remote or virtual work Tuition/education supports Family Medical Leave PTO/Sick/Vacation Time Maternity/Paternity Leave Flex time/flex scheduling Health Benefits Elder Care Emergency leave 1.Review your current employee handbook and benefits package 2.Review family friendly policies (see options below) for fit and budget 3.Speak with your advisors and colleagues about their results implementing similar practices 4.Review our family friendly budget models to determine potential cost savings of enacting family friendly practices that attract and retain employees 5.Poll existing workers to identify what is important to them 6.Incorporate your new policies and practices into your employee handbook and benefits package 7.Promote your family friendly workplace that values parents, children, and your community. 06 421 Employer Assisted Childcare02 Consider your options. For organizations with existing child care needs, we recommend the following actions: Child care referrals, reserved child care placements for employees, and/or calculated child care subsidies allow new parents to return to work after giving birth, attract potential employees, and aid retention and productivity. Offer a dependent care assistance plan (DCAP) Offer family paid leave Reserve slots in existing child care programs Voucher or reimbursement system Flexible Spending Accounts (FSA)Child care subsidies to quality child care Provide families information about financial assistance in the community 1.Child care referrals- contact Child Care Connections in Bozeman at 406-587-7786 or visit their website at cccmontana.org 2.Review our family friendly budget models to determine potential cost savings of enacting family friendly practices that attract and retain employees 3.Reserving child care slots for employees at existing child care programs 4.Provide calculated child care reimbursements to employees 07 422 Consider your options Investing in child care facilities, building in-house solutions, and/or creating co-op child care with like-minded businesses gives your organization more control over your current and future child care requirements. Adding slots can come in many different forms! For organizations that want to minimize variability and increase worker satisfaction and productivity we recommend the following: Offer sick child care Provide off-site child care Coordinate back-up or emergency child care Purchase child care spaces for employees Employer assisted cooperative child care Provide on-site child care Employer child care consortium Provide backbone support to a local child care business Adding Child Care Slots03 1.Invest in existing child care facilities to increase wages, expand services, and/or space 2.Partner with other businesses to create a child care co-op 3.Establish in-house child care solutions via new construction or repurposing existing space 08423 Further the Cause What is good for your community is good for your organization. Family friendly policies and practices benefit your organization can benefit your business as well as your community. By extension, more organizations implementing similar policies and practices will expedite gains. If you are dedicated to providing a family friendly workplace, consider thinking bigger, and how you can assist other organizations in your community to follow suit. Here are some steps to consider Decide where to start- select business partners within a chosen industry, a geographic boundry, etc. Determine importance- conduct polls, surveys, questionnaires to identify issues to focus on Research- results of policies implemented elsewhere, and possible policies to add locally Calculate- potential costs and benefits to implementing new policies and practices Framing-focus on how these policies are wins for employees, employers, and communities Challenges-what possible objections will you encounter, what alternatives are available, can you assist with cooperative solutions? Communicate- share what is working with labor unions, media, chambers of commerce, professional associations, and policy makers. 09 424 Influence Policy Makers Public policy and legislation impact the accessibility and affordability of child care in Montana. Limited access to child care impacts the ways that families can participate in the workforce. Talking to your legislators in an important way to advocate for early childhood issues and support the families that work in your community. Another step you may consider is persuading business, professional, or trade associations (the Chamber of Commerce, for example) to issue policy statements supporting family friendly practices and policies. Ultimately you may find that legislative advocacy is the most powerful tool to enact positive community change. Some examples include personal contact with legislators and aides, a full- scale legislative campaign, or both. The goal could be a law-such as FMLA- that mandates family-friendly policy, or simply government support and backing for family friendly policies. 10 Further the Cause A d v o c a t e 425 Helpful Resources 11 CostofChildcare.org Provider Cost of Quality Calculator Use this Employee Child Care Needs Assessment, created by Colorado EPIC (Executives Partnering to Invest in Children) to determine your team's child care needs. Do your current practices support your employee's child care needs? Conduct a Business Self-Assessment to evaluate your organization's family friendly practices. Experts from your local Child Care Resource and Referral Agency (CCR&R) can help you navigate the child care licensing process, offer technical support, and guidance for what is needed to operate a child care program. Find your local CCR&R. Experts from your local Child Care Resource and Referral Agency (CCR&R) can help your team search for child care, access scholarships, and explore resources available for them. Find your local CCR&R. Learn more about how other organizations are supporting the childcare needs of their staff and how these practices influence productivity, retention, and the bottom line. Watch this recording of the Employer Supported Child Care Panel where local businesses share what adding child care slots influences: Workforce Demographics Finances Operations Calculate the Cost Finding Child Care Evaluate your current practices Navigating Child Care Licensing What are other businesses doing? Assess your employees' child care needs 426 Early care and education (ECE) is an essential component of our economy. Many parents need child care to be able to go to school or work. Child care businesses need to hire staff/educators to care for children. Low child care wages, particularly when combined with high costs of living and a competitive job market, create a significant staff shortage for child care businesses. DPHHS and its partners are focused on strengthening the child care workforce, which in turn strengthens the general workforce with children, who need access to child care to work. This document provides recent data related to: • Child care capacity across the state. • The child care workforce who staff child care programs, with a focus on compensation and retention. • The cost of providing care for child care programs. • The impacts of child care on the general workforce with children who need access to child care to work, including capacity shortages and high costs. The capacity of licensed child care providers is not enough to meet demand, despite growing to exceed pre-pandemic slots. Licensed child care capacity meets only 43% of the estimated demand in the state for children up to age 6.1 Demand for child care includes children living in households where all available parents are working. Child care shortages exist in every county, with 59% of counties identified as child care deserts – meaning supply meets less than a third of estimated demand.2 About 16% of all children under 6 with working parents live in a child care desert. Figure 1 shows licensed child care capacity by county as a percentage of estimated demand. CHILD CARE WORKFORCE NARRATIVE NOVEMBER 3, 2023 OVERVIEW EARLY CARE AND EDUCATION PROVIDER CAPACITY 1 Calculation based on 2017-2021 ACS 5-Year Estimates and average licensed child care capacity in July 2022 as reported by Montana Department of Health and Human Services. 2 DPHHS child care licensing data 2022 annual average capacity. 2017-2021 ACS 5-Year Estimates. 427 There is less capacity for licensed child care providers to serve children ages 0 to 2. Licensed care capacity only meets 31% of the estimated demand in Montana for children up to 24 months, qualifying the state as a child care desert for this age group. Figure 2 shows the capacity to serve children under age 2 as a percentage of estimated demand by county, where demand is the number of children under two living in working parent households. 2 Figure 1. Child care capacity as a percent of children under age 6 with working parents by county Figure 2. Child care capacity as a percent of children under age 2 with working parents by county Source: MTDLI analysis of MT DPHHS CCUBS licensed child care capacity in 2022, 2017-2021 ACS 5-Year estimates, and National Vital Statistics System (NVSS) county population estimates. Children with working parents are defined as children living in a home where all available parents are participating in the labor market. Source: MTDLI analysis of MT DPHHS CCUBS licensed infant care capacity in 2022, 2017-2021 ACS 5-Year estimates, and National Vital Statistics System (NVSS) county population estimates. Children with working parents are defined as children living in a home where all available parents are participating in the labor market. 428 Child care is expensive for many Montana families. On average, Montana households paid $350 a week in 2023 for care for children under the age of five, which translates to roughly 33% of the state’s average weekly wage.3 The US Department of Health and Human Services benchmark for affordable child care is expenses amounting to 7% of household income.4 In 2023, Montana households averaged $18,940 in child care expenses for children under age five. Annual child care expenses in 2023 were equivalent to 28% of the state’s median household income, far exceeding the US Health and Human Services benchmark for affordable care.5 Child care centers serve the largest proportion of children in Montana. In 2014 child care centers were serving 59% of children in licensed care. This increased to 69% in 2020 and 2021 and came down slightly in 2022. 2022 saw an increase in group programs6 as well as family, friend, and neighbor care. Home-based providers (group, family, and FFN) provide options for families needing care outside of typical business hours, needing infant care, seeking care for children with special needs, or needing care in rural/frontier communities. The modest increase in home-based care providers over the last few years is a positive sign of market diversification to provide needed options to more families. 3 Figure 3. Licensed capacity and percentage of total capacity by provider type, 2019 – 2022. 3 Average weekly wage as reported by the Quarterly Census of Employment and Wages in Q1 2023. Child care expenditures reported by the U.S. Census Household Pulse Survey from January to May 2023. 4 https://www.govinfo.gov/content/pkg/FR-2016-09-30/pdf/2016-22986.pdf 5 Annual child care expenditures estimated based on weekly child care costs reported by the U.S. Census Household Pulse Survey from January to May 2023. Median household income reported by 2022 1-Year Estimates American Community Survey (in 2022 dollars). 6 Some of this increase in group providers and decrease in centers may be a result of providers changing from center to group when provider definitions changed in 2021. Centers were previously defined as serving 13 or more children. This increased to programs serving 16 or more children. Group programs currently care for 9 to 15 children, increasing from 7 to 12. Date 2022 (9-30) 2022 (6-30) 2021 (6-30) 2020 (6-30) 2019 (6-30) Center 14,478 (67%) 14,175 (67%) 13,734 (69%) 14,359 (69%) 13,863 (68%) Group 5,516 (25%) 5,292 (25%) 4,634 (23%) 4,773 (23%) 4,812 (24%) Family 1,386 (6%) 1,432 (7%) 1,173 (6%) 1,258 (6%) 1,284 (6%) Family, Friend, and Neighbor 143 (1%) 70 (0%) 73 (0%) 72 (0%) 165 (1%) Relative Caregivers 214 (1%) 226 (1%) 255 (1%) 259 (1%) 300 (1%) Total 21,737 21,195 19,869 20,721 20,424 80% 70% 60% 50% 40% 30% 20% 10% 0% 68% 24% 6% 2019 (6-30) Ce nte r 69% 23% 6% 2020 (6-30) G ro up 69% 23% 6% 67% 25% 7%6% 67% 25% 2021 (6-30)2022 (6-30)2022 (9-30) Family FFN RCE 25,000 20,000 15,000 10,000 5 ,0 00 0 1,284 4,812 13,863 1,258 4,773 14,359 1,173 4,634 13,734 1,432 5,292 14,175 1,386 5,516 14,478 Capacity by Provider Type Center Group Fam i ly Capacity by Provider Type FFN RCE 2019 (6-30)2020 (6-30)2021 (6-30)2022 (6-30)2022 (9-30) 429 238 68 7 24 151 1 19 2 1 10 545 176 20 57 335 Child care workforce impacts child care capacity Early childhood educators (ECE) are one of the most in-demand occupations in Montana, according to the Montana Department of Labor and Industry (MTDLI) 2022-2032 employment projections. The MTDLI estimates 545 annual job openings for child care workers through 2032, placing the occupation in the top 30 for the number of openings. Over half (56%) of these openings are projected to occur due to employee turnover. Retirements are estimated to generate an additional 43% of the job openings for child care workers. ECFSD provided American Rescue Plan Act stabilization and innovation grants to child care businesses to increase statewide capacity. The division awarded stabilization grants to 715 licensed or registered programs in 51 counties and 31 innovation grants. Zero to Five Montana is providing specialized training and technical assistance to larger child care businesses in addition to supporting community capacity building to support innovative, collaborative approaches to increasing the supply of child care. Raise Montana provides training and technical assistance to new and existing home-based child care businesses in addition to shared services7 for these home-based programs. As of January 2023, 27 home-based child care providers completed the Family and Group Child Care Business Series8 and Raise Montana funded 50 premium child care management software licenses for providers through the Brightwheel Partnership. The Child Care Licensing project is streamlining licensing regulations and processes to increase the number of licensed child care providers. 4 EFFORTS TO INCREASE SLOT CAPACITY • • • • EARLY CARE AND EDUCATION WORKFORCE CAPACITY AND STABILITY Figure 4. Early childhood education, kindergarten, and elementary teachers annual job openings through 2032 7 Montana Shared Services (MTSS) currently offers nine services to Montana child care providers. The free services offered include the ECE Resource Library, ECE Friendly Business Directory, Discounts & Grants, Our ECE Community and the ECE Job Board. The Substitute Service, Telehealth program, and Payroll services have associated fees. 8 The Family and Group Child Care Business Series is a 10-week series offered to new and existing home-based child are businesses designed to support business practices of home-based child care. Participation is free and those who complete the entire series receive 30 hours of continuing education credit through the MT Early Childhood Project. Topics include: Contracts, Policy Handbook Development, Recording-Keeping, Time/Space Percentage, and Deductions. Improvements in understanding of business practices demonstrated through pre- and post-test assessments. Source: Montana Department of Labor and Industry 2022-2032 Occupational Employment Projections. Exits refer to openings generated from labor market exits, like retirements. Transfer openings include openings due to employee turnover. Growth openings are generated due to an increase in demand for the occupation. Occupation Child care workers Preschool teachers Preschool and child care administrators Kindergarten teachers Elementary school teachers Minimum Education High school diploma Associate degree Bachelor's degree Bachelor's degree Bachelor's degree Exit Transfer 306 89 12 32 174 Growth Total 430 Child care wages are low. The average child care worker wage is $12.73/hour or $26,480/year.11 This is 54% of the average kindergarten teacher's and 44% of the average elementary school teacher's annual salary. More ECE graduates are needed to meet the demand for preschool and kindergarten teachers as well as child care workers. Over 80% percent of ECE graduates work in Montana a year after graduation. However, their earnings fall below average for their educational attainment.9 Addressing this income discrepancy would encourage more students to pursue an ECE degree, and thus help increase child care capacity. Forty-two percent of the 627 Child Care Licensing Assessment survey respondents ranked child care worker pay as the first and second most important factor impacting child care capacity.10 5 Figure 6. Mean and median wages by educator occupation, 2021. Figure 5. Ranking of factors that limit child care capacity and access to child care in Montana 9 Amy Watson, Montana Department of Labor and Industry, Montana Post-Secondary Workforce Report: A Report on Workforce Needs and Labor Market Outcomes of Graduates, October 2022. https://lmi.mt.gov/_docs/Publications/LMI-Pubs/Special-Reports-and-Studies/MTCollegeReport2022.pdf. 10 Kristal Jones and Kirsten Smith, Bloom Consulting, Child Care Licensing Assessment: Stakeholder Perspectives to Support Regulator and Systems Improvement, April 2022. https://dphhs.mt.gov/assets/ecfsd/childcare/MTCCLProjectAssessment.pdf. 11 Montana Department of Labor and Industry, 2022 Montana Informational Wage Rates by Occupation, May 2022. https://lmi.mt.gov/_docs/Publications/LMI-Pubs/Labor-Market-Publications/OEWS-2021-Pub.pdf. 12 Montana DLI, 2022 Wages and Office of Head Start, Program Information Report, Summary Report 2022 – State Level. 12 Occupation Child care worker Head Start classroom teacher Preschool teacher (not special education) Kindergarten teacher (not special education) Elementary school teacher (not special education) Median Annual $26,720 Not listed $31,000 $46,340 $60,150 Cost (overall rank=1)7%11%12%17%29%24% Caregiver pay (overall rank=2)15%8%19%16%17%25% Ability to meet child's specific orspecial needs (overall rank=3)11%14%22%24%12%17% Convenience (overall rank=4)21%12%15%20%17%15% Child care licensing regulations (overall rank=5)14%28%17%13%13%14% Facility requirements (overall rank=6)30%25%13%10%13%9% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 6 (least important)54321 (most important) How important is each factor in increasing child care capacity and access to child care? Mean Annual $26,480 $30,318 $32,750 $49,170 $60,200 431 In 2019, the poverty rate for early educators in Montana was 24.7%, higher than for Montana workers in general (12.7%) and eight times higher than for K-8 teachers (3.1%).13 Child care workers’ wages vary slightly by geography, with Billings and western Montana having the highest average wages, and east-central Montana the lowest. Child care workers’ wages vary slightly based on their position, with assistant teachers reporting to the Early Childhood Project an average hourly rate of $12.76 and lead teachers reporting an average hourly rate of $14.19.15 Montana’s child care providers and Head Start programs used a significant proportion of their American Rescue Plan Act stabilization grant awards to pay for staff. Child care stabilization grantees report using over $53 million of funds for personnel between January and September 2022. This is approximately half of the funding paid to child care providers in that timeframe. The ECE workforce has significant turnover. New child care workers enter the field continuously as others leave. In calendar year 2022, the Child Care Licensing Program received a total of 2,971 new staff hire applications, an average of 229 per month. As of January 2023, there are 5,305 active staff members in licensed child care facilities. The 2022 new staff hire applications represent 56% of that total. Head Start staff also experienced significant turnover with 328 staff members leaving in 2022 out of a total 1,380 staff members (24% turnover); 78 reported leaving for higher compensation.16 As shown in Figure 4 above, MTDLI estimates 99% of the 545 annual job openings for child care workers are due to employee turnover and retirements. Child care workers experience higher rates of turnover and labor force exits than the average occupation in Montana.17 Low compensation hinders broad professionalization of the child care workforce. There is a tension between the need to provide high-quality early learning and development experiences to children through highly trained, educated, credentialed, and experienced staff, and the low wages paid in 6 Figure 7. Child care worker wages by area, 2022. 13 Center for the Study of Child Care Employment, UC Berkeley, State Profiles: Montana. https://cscce.berkeley.edu/workforce-index- 2020/states/montana/. 14 MTDLI, 2022 Wages. 15 Montana Early Childhood Project, Montana State University, Profile Summary Fact Sheet, Q3 2022. 16 Head Start, 2022 Program Information Report. 17 MTDLI 2022 – 2032 Occupational Employment Projections. 14 Area Montana Billings MSA West (balance of state) Southwest (balance of state) Missoula MSA Great Falls MSA East-central (balance of state) Mean Hourly $12.73 $12.97 $12.91 $12.65 $12.60 $12.77 $12.37 Median Hourly Mean Annual Median Annual $12.84 $12.60 $12.97 $12.84 $12.65 $13.11 $12.14 $26,480 $26,980 $26,860 $26,300 $26,200 $26,570 $25,720 $26,720 $26,210 $26,980 $26,720 $26,310 $27,270 $25,260 432 The ECE certificate program has created an important pipeline for ECE staff to enter the workforce. Retainment in the Montana workforce one year after certification is 96%, the highest of any certification Post-secondary ECE graduates have high retention in the Montana labor market. ECE Associate’s degree earners have higher retention rates than ECE Bachelor’s graduates. Over 85% of ECE graduates work in Montana a year after graduation, compared to 69% retention among graduates across all programs. ECE graduates with higher levels of education also report earning more income. The income premium for bachelor’s degree attainment compared to an associate degree is 20% one year after graduation and 34% after ten years.20 the sector. Overall, less than one-third of ECE staff in the statewide registry have a degree beyond a high school diploma.18 One percent (1%) of practitioner registry participants had a director’s credential.19 Among staff on the statewide ECE registry as of October 12, 2022, 40% were participating at Level 1, as shown in the figure below. Level 1 participants must have at least high school diplomas or equivalent and are working in ECE settings, but do not have additional related training or education. 7 Figure 8. Number of registry participants by Career Path level Figure 9. Early childhood education post-secondary workforce outcomes by degree type Source: DOR, OCHE, RMC, CC, UP, and apprenticeship income data match summarized by MTDLI. Real income reported in 2021dollars using the CPI-U. Percent filing resident or non-resident Montana income taxes. 18 Montana Early Childhood Project, Montana State University, Profile Summary Fact Sheet, Q3 2022. 19 Montana Early Childhood Project, Montana State University, ECP Quarterly Report, Q4 2021-2022. 20 Amy Watson, Montana Department of Labor and Industry, Montana Post-Secondary Workforce Report: A Report on Workforce Needs and Labor Market Outcomes of Graduates, October 2022. https://lmi.mt.gov/_docs/Publications/LMI-Pubs/Special-Reports-and-Studies/MTCollegeReport2022.pdf. Membership Level 1 Level 2 Level 3 Level 4 Level 5 Level 6 Level 7 Level 8 Level 9 Level 10 Degree Certificate (CDA) Associate degree Bachelor's degree 311 (8%) 178 (5%) 164 (5%) 47 (2%) 48 (2%) 181 (5%) 67 (2%) 4 380 (8%) 1354 (27%) 1 Year After 10 Years After 1997 (40%) Annual Income Growth Rate 3% 3% 3% Number of staff by level of certification on the statewide ECE registry % Filing Median 96% 89% 87% Median Income $22,869 $24,760 $30,213 % Filing Median 73% 81% 74% Median Income $29,605 $32,026 $40,331 433 We do not have data on the true cost of providing child care in Montana. Montana uses a market rate study to understand the advertised cost of care (fees charged to parents), from which the child care subsidy reimbursement rate is calculated (75% of the market rate, with the intention that families using subsidies would have access to 3 out of 4 available child care slots or programs22). The market rate relies on centers and home-based providers reporting their full-time and part-time advertised rates for infants, toddlers, pre-school age, and school-age children throughout the state. Montana’s reimbursement rates are shown in the table below. The Early Childhood Project, Higher Education Consortium, and DPHHS are updating the career ladder to recognize a broader array of education, training, experience, and licensure. These updates are in response to consistent feedback from child care staff and directors about frustration with the current structure not reflecting the diversity of training and experience that Montana’s ECE staff bring to child care programs. Expanding the combinations education, training, or experience that allows people to be hired into and move along an ECE career path will provide a pathway for increased earnings as well as increased stability in the workforce over time. Within this career work, ECP, DPHHS, and partners are creating pathways for motivated individuals to move along the ECE career ladder quickly can encourage staff retention, increase wages, and improve quality. The low starting salaries and staff retention challenges in the ECE profession make it all the more exciting for child care directors when they find skilled, motivated staff who want to move along the career ladder. However, providers are frustrated by their inability to support staff in moving more quickly up the levels in the state workforce registry, especially when it comes to being able to promote them to lead teacher and offer an associated wage increase. Providing incentives, accelerated professional development and training programs, and other opportunities for more rapid advancement through levels would support career development for motivated individuals and increase stability in the ECE workforce. DPHHS, CCRRs, Head Start, Raise Montana, and Zero to Five Montana are coordinating their systems work around the child care workforce to maximize impact and efficiency. Head Start and Early Head Start build a workforce pipeline by recruiting current and former parents. As of October 2022, over one-third of Head Start and Early Head Start staff in the state of Montana are parents who currently or previously had children attend a Head Start or Early Head Start program. Additionally, Head Start/Early Head Start programs are braiding state and federal resources to increase staff compensation through Federal Office of Head Start initiatives. program in the state. However, wages for ECE certificate holders start lower than any other profession with a certification program and the income growth rate over 10 years is among the slowest in any profession.21 8 EFFORTS TO INCREASE ECE WORKFORCE CAPACITY AND STABILITY • • • • COST OF PROVIDING CARE 21 Amy Watson, Montana Department of Labor and Industry, Montana Post-Secondary Workforce Report: A Report on Workforce Needs and Labor Market Outcomes of Graduates, October 2022. https://lmi.mt.gov/_docs/Publications/LMI-Pubs/Special-Reports-and-Studies/MTCollegeReport2022.pdf. 22 Bipartisan Policy Center, Early Childhood Initiative, The Limitations of Using Market Rates for Setting Child Care Subsidy Rates, May 2020. https://bipartisanpolicy.org/download/?file=/wp-content/uploads/2020/06/Limitations_of_Market_Rate_Surveys_for_Child_Care_Brief_FINAL1.pdf. 434 While market rates provide important information, they do not necessarily represent the true or full cost of providing care. Programs must charge what families can pay to fill slots, which does not usually include the full costs required to meet staff, health, and safety requirements. The 2020 Bipartisan Policy Center report cites two national studies comparing the estimated cost of infant care and the price charged to families for that care as: Cost of care varies by service model, but more funding does not mean higher wages or less staff turnover. Certain models of ECE, like those that focus on family engagement, integrated health, and social-emotional development, cost more to provide. Providers that are supported by federal funds, like Head Start and Early Head Start, receive more financial support per child than is charged on average by centers or home-based providers. For example, Early Head Start in Montana receives over $17,000 per child from Head Start25, one of the highest rates in the country, and Head Start receives around $12,500 per child.26 However, despite receiving more financial support more per child, Head Start and Early Head Start staff salaries are commensurate with those of all other ECE staff in the state. A Head Start teacher in Montana is required to have a bachelor’s degree and yet makes less than $30,000 per year on average. Low wages contribute to Montana having one of the highest staff turnover rates (over 20%) for both Head Start and Early Head Start staff.27 Home-based providers face the opposite problem, with many fixed costs despite offering a different model of care and charging less on average than centers. Home-based providers are required by federal and state law to take on many of the same costs as larger centers, including insurance, adaptation of facilities to meet safety and quality standards, and training and professional development investments. However, home-based providers generally charge less than centers. Reduced requirements for home-based facilities that align with the reality of home-based providers could decrease some of these costs. 9 Figure 10. Montana Best Beginnings Child Care Scholarship reimbursement rates effective July 1, 2021 Figure 11. National estimated cost of infant care compared to market rates charged to parents in center and home-based provider settings24 23 https://dphhs.mt.gov/ecfsd/childcare/ecsbproviders. 24 Bipartisan Policy Center, Limitations of Using Market Rates. 25 Head Start and Early Head Start programs are free for families. 26 Friedman-Krauss, A. H., Barnett, W. S., & Duer, J. K. (2022). The State(s) of Head Start and Early Head Start: Looking at Equity. New Brunswick, NJ: National Institute for Early Education Research. https://nieer.org/states-of-head-start-early-head-start-looking-at-equity. 27 Ibid. 23 Center Group Family FFN RCE Base-level infant care High-quality infant care Full day $45.00 $35.00 $35.00 $29.75 $26.25 Cost of care $14,700 $27,100 Ages 3 up to 6 Center fee $11,444 ($3,256 below cost) $11,444 ($15,656 below cost) Ages 6 and older Home-based fee $8,348 ($6,352 below cost) $8,348 ($18,752 below cost) Half day $27.00 $21.00 $21.00 $17.85 $15.75 Ages 0 up to 3 Half day $24.00 $19.80 $21.00 $17.85 $15.75 Full day $40.00 $35.00 $35.00 $29.75 $26.25 Half day $22.80 $19.80 $19.80 $16.83 $14.85 Full day $40.00 $33.00 $30.00 $25.50 $22.50 435 Child care availability impacts workforce participation. The 2020 survey of Montana households with children under 6 showed that many parents are unable to fully participate in the workforce because of child care challenges (high cost of care, care availability/adequacy), specifically in the previous year:28 • 62% of respondents missed time from work. • 26% declined further education or training. • 22% turned down a job offer. • 15% changed from full-time to part-time work. • 12% quit their job. 28 Providing shared services and discounted purchasing can decrease costs, especially for home-based providers. Discounts negotiated for groups of child care providers can decrease the cost of care. Raise Montana provides shared and discounted purchasing for many common supplies and services needed by all types of child care providers. Currently, most discounts are for food, books, and educational supplies. Shared services like substitute teacher placement and software licenses can improve the efficiency of child care businesses. Raise Montana provides a substitute service that any licensed child care provider can use to find qualified substitutes. Raise also offers discounted rates on child care management and family engagement software as well as on payroll services. Pooled costs for employee benefits can improve ECE staff retention. Raise Montana provides a low-cost telehealth service that child care providers/owners can offer to their employees as an additional benefit. For home-based providers, who generally have only a few employees, the cost is $10/month (up to 9 employees). For the largest centers (those with 20-29 employees) the cost is $100/month. Both medical consultations and behavioral sessions are available through telehealth. The ARPA child care stabilization and innovation grants discussed were used to support child care programs in paying part of the cost of care to stabilize the market and provide opportunities for innovative approaches to service delivery. Zero to Five Montana is leading work to develop collaborative, public-private strategies to increase investment in child care. Various community frameworks and toolkits are being implemented including child care cooperatives and child care business hobs of resources. Nine communities participated in the Community and Employer Innovations Pilot project, which brings together community stakeholders and the business community to identify sustainable solutions to expanding child care capacity and thus stabilizing the local workforce. Montana Child Care Business Connect is a statewide resource hub for employers, community members, and child care providers. Eleven communities are participating and reporting a positive impact on child care capacity. 10 EFFORTS TO REDUCE COST OF CARE • • GENERAL WORKFORCE IMPACTS OF LIMITED CHILD CARE CAPACITY BBER, Lost Possibilities. 436 The table below shows the impacts by household type, with the most significant differences existing between households with lower and higher incomes as well as by race. Over half of the employers who responded to the 2022 Child Care Licensing survey say that child care availability (or lack thereof) limits employee recruitment (63%) and retention (55%). Employers who invest in child care consistently cite a return on that investment, with the main benefits being “loyalty” and lower turnover, which saves employers money in training and new staff.30 The chart below shows the impact of family obligations for the workforce with children under 6 on their ability to participate in the labor force over time, specifically showing the percentage of parents who left the labor force or are working part-time or reduced hours. Parent participation has improved since the height of the pandemic but remains less than pre-pandemic levels. In 2022, an average of 22,800 Montana parents were unable to participate in the labor force due to family responsibilities and a lack of child care. 31 An additional 45,000 Montana parents were underemployed or reported working reduced hours in 2022 – which translates to 8% of the state’s labor force.32 Parents make up a significant and underutilized segment of the state’s workforce, many of whom would like to be more fully engaged in the labor market but are limited by a lack of access to consistent, affordable, high-quality child care. 11 a Difference significant at the 95% confidence level. Figure 12. Child care-related work problems experienced during the past year, by household type 29 BBER, Lost Possibilities. 30 Kristal Jones and Kirsten Smith, Child Care Licensing Assessment. 31 Current Population Survey, IPUMS monthly extract December 2022. Number of Montana parents who were not in the labor force due to family responsibilities. 32 Current Population Survey, IPUMS monthly extract December 2022. Number of Montana parents who reported working reduced hours in the past week. 29 Missed time from work Declined to pursue further education ortraining Turned down job offer Changed from full-time to part-time Quit job Declined a promotion American Indian 56% 47%a 37% a 18% 27% a 7% White 64% 24% a 22% a 15% 10% a 6% Urban 62% 26% 24% 17% 12% 5% Rural 62% 27% 19% 11% 10% 7& High 1/3 income 69% 21% a 12% a 10% a 5% a 5% Total 62% 26% 22% 15% 12% 6% Low 1/3 income 57% 38% a 36% a 24% a 26% a 8% 437 In total, nearly 70,000 parents were either not in the labor force, working part-time instead of full-time, or working reduced hours because they were taking care of family/ lack of child care. The number of parents unable to fully engage in the workforce has come down slightly since its peak in late 2020 but remains elevated compared to its pre-pandemic level. The workforce landscape has changed in the last three years. COVID-19 has changed what work looks like for some Montanans, with more remote and online work options available. Individuals who can work remotely are often choosing to work from home at least some of the time, despite workplaces reopening.34 Despite these changes, parents’ child care needs are the same. 12 Figure 13. Impact of inconsistent child care on parent participation in labor force 2017-2022 33 MTDLI analysis of U.S. Bureau of Labor Statistics Current Population Survey, IPUMS monthly extract through December 2022. 34 Kim Parker, Juliana Menasce Horowitz, and Rachel Minkin, Pew Research Center, COVID-19 Pandemic Continues to Reshape Work in America, February 2022. https://www.pewresearch.org/social-trends/2022/02/16/covid-19-pandemic-continues-to-reshape-work-in-america/. 33 438 There are significant efforts underway to address child care challenges related to capacity, child care workforce, cost of care, and the general workforce. These efforts are collaborative across DPHHS, Zero to Five Montana, Raise Montana, Child Care Resource and Referral Agencies, the Early Childhood Project, Head Start/Early Head Start programs, the Montana Head Start Association, businesses and business interests, and others. These efforts outlined in the sections above to increase child care workforce compensation, increase professional capacity, and address/reduce the cost of providing care will collectively increase child care capacity. 13 SUMMARY OF EFFORTS TO ADDRESS CHILD CARE CHALLENGES 439 In January 2024, more than 10,000 early childhood educators (ECE) from all states and settings—including centers, family child care homes, faith-based programs, Head Start, and public preschool programs—responded to a new ECE field survey from NAEYC. The survey results and accompanying stories illustrate the ongoing challenges facing this field, the exhaustion of providers, the clear benefits of public funding, and the need for additional support following the loss of federal funding that helped stabilize the sector before it expired in September 2023. 1/2 The problems are clear: As federal investments that have sustained the child care and early education sector expire, the structural challenges that have always plagued the sector have remained and grown. Program costs are rising, staff burnout and turnover remains high as wages remain too low, and already stretched families are having to pay more for the care they need. The result of these challenges is a reduced supply of high-quality care that everyone in our society—from families, to businesses, to communities—relies on to be successful. The solutions remain clear: Public investments in child care and early learning remain necessary to build an early childhood education system that works. Congress should follow the example of the 11 states and District of Columbia that have invested new and significant state funding to support early childhood educators and stronger state systems by passing robust, sustained investments that ensure programs and educators have the support they need to provide high quality care for all families with young children. “We Are NOT OK” MONTANA Early Childhood Educators and Families Face RisingChallenges as Relief Funds Expire February 2024 Here are some reflections from survey respondents in MT (Montana): “We can’t keep staff because they want more than we can pay. We can’t pay them what they are worth without raising tuition beyond what families can afford. The cost of living in Missoula has more than doubled.” - Director/Administrator “The ARPA money ended, and we raised tuition again. Normally we increase 2-3% each year to keep pace with the cost of living, but in the past two years, it has gone up 10-15% and we are pricing out the lower -middle income bracket.” - Director/Administrator “The cost of food has grown so much, and parents aren’t paying their bills on time anymore.” - Director/Administrator “We have no guaranteed income. When families are faced with not being able to pay for care our income decreases rapidly even though we are still working 5 consecutive 12-hour shifts. It’s a lose-lose for everyone.” - Early Childhood Educator Check out all of NAEYC’s surveys of the early childhood education field online at NAEYC.org/ece-workforce-surveys. 440 2/2Early Childhood Educators and Families Face Rising Challenges as Relief Funds Expire Here’s a brief summary of the survey data from MT (Montana): AMONG ALL RESPONDENTS: STATE AMONG CHILD CARE CENTER DIRECTORS AND FAMILY CHILD CARE OWNER/OPERATORS: NATIONAL Over the last 6 months... Compared to this time last year... Total sample size Total employed in family child care homes Total employed in child care centers Total sample of center directors and family child care owner/operator respondents working in child care centers and family child care homes 88 19 38 33 52% 45% 29% 74% 65% 49% 36% 60% 78% 60% 12% 55% 53% 51% 30% 55% 56% 48% 36% 49% 53% 46% 16% 32% 3,815 10,128 1,450 5,084 % indicating they are more burned out now % indicating their economic situation has improved % indicating their economic situation has worsened Supply % indicating their program was under-enrolled relative to capacity in the last 6 months % indicating that they raised tuition Staffing % indicating their program is experiencing a staffing shortage % indicating that they raised wages Co st s % indicating their rent costs went up % indicating their liability insurance costs went up % indicating their property insurance costs went up Supply % reporting at least one child care program in their community OPENING over the last year % reporting at least one child care program in their community CLOSING over the last year Methodology This online survey, created and conducted by NAEYC using SurveyMonkey, represents the responses of a non-randomized sample of 11,154 individuals working in early childhood education settings who completed the survey in English or Spanish between January 8-22, 2024. To generate a more representative national sample from the pool of responses, a probability proportional to size (PPS) methodology was used to pull samples by state that are benchmarked to the share of the total early childhood workforce by state. These shares were calculated by the authors from the Bureau of Labor Statistics May 2022 Occupational Employment and Wage Statistics (Codes: 11-9031, 25-2011, 25-2051, 39-9011). The final sample size for the national-level analysis is 10,128. In contrast, for the state-level analysis, the entire sample of responses from each state were used. We are unable to supply detailed analysis in states for which there are very small sample sizes across sub-groups. The survey links were shared widely through email newsletters, listservs, social media, and via partnerships, and 10 randomly selected respondents were provided with a $100 gift card and another 10 randomly selected respondents were provided complimentary registration to NAEYC’s February 2024 Public Policy Forum for participation in a sweepstakes. Given the constantly changing and widely varying nature of the crisis, the broad analysis from this survey is intended to present the experiences of the respondents, as captured in the moment that they take the survey, with extrapolations for the experiences of the field and industry at large. Additional information available at www.naeyc.org/ece-workforce-surveys 441 Impacts of Child Care on the Montana Workforce Results from a Survey of Montana Businesses 442 Impacts of Child Care on the Montana Workforce Results from a Survey of Montana Businesses November 2020 Amy Watson, Senior Economist Montana Department of Labor & Industry In Partnership with the Federal Reserve Bank of Minneapolis Cover photo provided by Zero to Five Montana 443 Montana Department of Labor & Industry Impacts of Child Care on the Montana Workforce 3 Executive Summary The lack of affordable high-quality child care in Montana has been a significant barrier to labor force participation for parents of young children. An estimated 6% of the state’s labor force relies on a child care arrangement to remain in the labor force.1 However, Montana’s licensed child care capacity meets only about 47% of the estimated demand.2 A recent survey by the Montana Department of Labor and Industry (MTDLI) found the child care shortage makes it more difficult for businesses to recruit and retain a qualified workforce, hampering economic growth. The impacts of the child care shortage are widespread. Over half of businesses in every region of the state reported a lack of affordable child care and stated increasing access to child care should be a priority in their community. This survey, conducted in the first quarter of 2020, provides additional information on how Montana’s lack of affordable child care negatively impacted businesses in 2019. The Federal Reserve Bank of Minneapolis partially funded this survey. Highlights included: • Most businesses in Montana (57%) indicated a shortage of affordable child care options in their community and that increasing access should be a priority (60%). • Approximately 40% of businesses said the shortage was impacting their ability to recruit or retain qualified workers. The impact was higher (45%) for businesses with non-traditional hours. • Firms in the Southwest (63%) and Eastern (61%) regions were the most likely to report a child care shortage in their community. • Businesses with a predominantly female workforce were more likely to report a lack of affordable child care in their community. 70% of these businesses stated there was a lack of child care in their community, and at least 50% reported an impact on recruitment or retention. Businesses across the state recognize the need for increased access to safe and affordable child care and are finding innovative ways to help their employees’ access and afford care. The survey found: • Three-quarters of Montana businesses offered flexible work arrangements, which can help employees adapt their work schedule based on child care availability. The most common type of arrangement reported was flexible scheduling (59%), followed by the option to temporarily reduce hours (41%) and advanced scheduling (27%). • An estimated 13% of Montana employers offered paid parental leave (leave beyond paid sick, vacation, or paid time off (PTO) available to parents after the birth or adoption of a child). Paid parental leave helps reduce the demand for infant care, 444 Impacts of Child Care on the Montana Workforce Montana Department of Labor & Industry 4 which is the most undersupplied and expensive form of child care. In Montana, average annual expenses for center-based infant care top $12,750.3 Licensed infant care capacity meets less than 50% of the estimated need in every county in the state. • Mothers had greater access to paid parental leave than fathers. Montana businesses that extended paid parental leave to their employees offered an average of seven weeks for mothers and four weeks for fathers after the birth or adoption of a child. • On average, Montana families pay $7,900 annually for child care, which is 14% of the state’s median family income.4 To help offset these costs, 15% of Montana businesses offered Dependent Care Assistance Plans (DCAP). Businesses in Finance and Insurance, Utilities, and Information industries offer DCAP at significantly higher rates. Over 47% of firms in these industries offered DCAP plans to their employees. • A few businesses offered onsite child care (2.6%) to help their employees access child care. Less than one percent of businesses offered subsidies, participated in a child care coop, or reserved spaces at a local child care facility for their employees. Since the survey was conducted, the global pandemic has further exacerbated Montana’s child care shortage as important public health precautions have contributed to reduced child care facilities’ capacity across the state. In April, 43% of licensed child care providers closed as an immediate response to the pandemic, reducing licensed capacity by 10,921 child care slots.5 While many of these providers have found innovative ways to reopen and meet public health guidelines, shortages continue. Montana’s economic recovery from the pandemic’s impact hinges on its ability to engage more parents in the workforce by resolving the lack of affordable high-quality child care in Montana. These survey results can help understand the key role the child care sector plays in the Montana economy during the pandemic and beyond. 445 Montana Department of Labor & Industry Impacts of Child Care on the Montana Workforce 5 Contents Executive Summary .......................................................................3 Introduction ..................................................................................6 Survey Design ...............................................................................7 Business Perspectives ...................................................................8 Business Growth and Workforce Impacts ............................................9 Female Workforce Impacts ..............................................................10 Child Care Benefits ......................................................................11 Flexible Work Arrangements .............................................................12 Paid Parental Leave ........................................................................13 Financial Assistance .......................................................................14 Providing Access to Care .................................................................16 COVID Impacts ............................................................................17 Appendix ....................................................................................18 Definition of Child Care Benefits ......................................................18 Sampling Methodology ....................................................................19 Survey Administration .....................................................................20 Response Rates .............................................................................20 Post-stratification ............................................................................21 Survey Instrument ..........................................................................21 Endnotes ....................................................................................25 446 Impacts of Child Care on the Montana Workforce Montana Department of Labor & Industry 6 Introduction Access to affordable, high-quality child care is an essential element of a healthy economy, allowing parents of young children to engage in the labor force. An estimated 32,000 working parents with children under six-years-old rely on some form of child care arrangement to remain in the workforce, which translates to approximately 6% of the state’s labor force in 2019.6 Despite this reliance on child care to meet the state’s workforce needs, Montana has suffered from a lack of availability. Last year, an estimated 44,000 children in Montana under six lived in households where all available adults were in the labor force. Licensed child care capacity in Montana meets only about 47% of this estimated demand.7 Prior to the global pandemic, Montana faced historically low unemployment rates, with employers reporting difficulty finding workers. The workforce shortage was made worse by a lack of affordable high-quality child care. The state’s persistent child care shortage left many Montana parents unable to engage in the labor force, thus exacerbating the workforce shortage. This report summarizes the Child Care Business Survey results, which aimed to provide insight on the impact this lack of child care has on Montana businesses and highlight how businesses are increasing access to affordable child care for their employees. Since this survey was conducted, the global pandemic has changed Montana’s economic landscape, including a temporary rise in the unemployment rate. However, the pandemic has also worsened the child care shortage. In April, 43% of licensed child care providers closed as an immediate response to the pandemic, reducing licensed capacity by 10,921 child care slots.8 While many of these providers have found innovative ways to reopen and meet public health guidelines, shortages continue. Without addressing child care access, many parents will be unable to fully return to work, preventing the state from fully recovering from the pandemic-related employment losses. 447 Montana Department of Labor & Industry Impacts of Child Care on the Montana Workforce 7 Survey Design The Montana Department of Labor & Industry (MTDLI) surveyed Montana businesses from January to March of 2020. Survey participants were businesses that participate in the state’s unemployment insurance program and employed more than one employee in 2019.9 Businesses with multiple locations were surveyed once for each establishment location. The survey was stratified by industry, region, and urban/rural areas of the state. The random sample selected 3,420 businesses to participate in the survey. MTDLI mailed a total of 3,305 survey packets the first week in January after removing businesses that had closed or did not have contact information. Businesses with multiple establishments were sent one survey and asked to reply for all establishments in the sample. Respondents had the option to complete the hard copy version of the survey and return it via a prepaid envelope or fill it out online via a link provided in the cover letter. Three mailings were conducted. The first mailing took place in January, the second in February, and the third in March. Survey recipients had three weeks to respond to each mailing. The last mailing concluded on March 31. In total, MTDLI received 1,648 responses, once the responses were applied to the full sample, this translated to a response rate of 51.3%. Survey responses were cleaned and post-stratified based on 2019 employment levels to align the sampling and reference period and correct for nonresponse bias. The report’s survey results are weighted to reflect the full population of Montana businesses with more than one employee in 2019. More information about the survey design – including sampling, stratification, administration, response rates, and analysis – can be found in the appendix. 448 Impacts of Child Care on the Montana Workforce Montana Department of Labor & Industry 8 Business Perspectives Over half of Montana businesses (57%) reported a shortage of affordable child care options in their community.10 The lack of affordable child care persisted across all state regions, with at least half of businesses in every area reporting a shortage. As shown in Figure 1, over 60% of businesses in the Eastern and Southwest regions identified a lack of child care in their community. Figure 1. Percent of Businesses Identifying a Lack of Affordable Child care in their Community Source: 2020 Child Care Business Survey, MTDLI An average of sixty percent of businesses statewide agree that improving access to affordable child care should be a priority for their community. At 70%, the Southwest region had the highest percentage of businesses identifying child care as a priority. Over 50% of businesses in every area responded that improving access to affordable child care should be a priority for their community. 57% of businesses identify a lack of affordable child care in their community. 60% stated improving access to child care should be a priority for their community. Businesses in education, healthcare, professional services, and government were the most likely to identify a child care shortage and respond that addressing the deficit should be prioritized. Whereas, less than half of the mining, agriculture, and construction businesses said there was a child care shortage in their community. Figure 2 shows the breakdown of responses by industry. 449 Montana Department of Labor & Industry Impacts of Child Care on the Montana Workforce 9 Figure 2. Percentage of Businesses Identifying a Child Care Shortage by Industry Source: 2020 Child Care Business Survey, MTDLI. Standard error depicted by black bracket. Business Growth and Workforce Impacts Forty percent of Montana businesses reported that a lack of affordable child care in their community impacted their ability to recruit and retain a high-quality workforce. The impact was higher for companies operating outside of traditional 8 to 5 business hours. Forty-five percent of businesses with non-traditional hours reported that a lack of available child care affected recruitment and retention, compared to 36% among those with traditional hours. Recruitment and retention challenges were the most prominent in the more rural North Central and Eastern regions of Montana, where 44% and 46% of businesses reported difficulty, respectively. Compared to more urban areas, these regions of the state have less licensed child care capacity relative to the number of children who potentially need care. Figure 3 shows the licensed child care capacity in each county as a percentage of estimated demand. Estimated demand is calculated as the number of children in each county under the age of 5 with all available adults in their household participating in the labor force.11 Five of the eight counties without a licensed child care provider are in the Eastern region. All but two counties in the North Central and Eastern regions are unable to meet more than one-third of the estimated demand. 40% of businesses report difficulty recruiting or retaining qualified workers due to a lack of affordable child care in their community. 450 Impacts of Child Care on the Montana Workforce Montana Department of Labor & Industry 10 Figure 3. Licensed Child Care Capacity as a Percent of Estimated Demand by County Source: DPHHS child care licensing data as of 7/20. Montana Department of Commerce, CEIC population data. 2019 ACS 1-Year Estimates. Employees who cannot find necessary child care may be more likely to miss work, be distracted while working, and more likely to exit the labor force to take care of their children. In the last year, 62% of parents with young children reported missing work due to a lack of child care.12 Instability in a businesses’ workforce can impact growth. Thirty percent of Montana businesses reported inadequate child care prevented them from growing. Most of these businesses are in the education, healthcare, government, leisure and hospitality, and retail trade industries. Female Workforce Impacts Historically, the responsibility of caring for children has primarily fallen to women.13 Traditional gender roles impact the labor force participation rates of both men and women. The labor force participation rates of women ages 25 to 44 – the ages of most parents with young children – hovers around 75% nationally. In comparison men of the same age range have labor force participation rates closer to 90%.14 Businesses with a predominately female workforce were more likely to report a lack of affordable child care in their community. Figure 4 shows the percent of businesses that identified a child care shortage by the percent of employees who are female or between 25 and 44. 30% of Montana businesses say inadequate child care has prevented their company from growing. 451 Montana Department of Labor & Industry Impacts of Child Care on the Montana Workforce 11 Figure 4. Percent of Businesses Identifying a Child Care Shortage by Gender and Age of Employees Source: 2020 Child Care Business Survey, MTDLI Approximately 70% of businesses with more than 60% female employees reported a lack of child care, compared to only 40% with less than 20% female employees. Firms with predominately female employees were also more likely to report inadequate child care impacting their ability to recruit and retain a qualified workforce. At least 50% of these businesses reported recruitment or retention impacts, compared to only 25% of businesses with less than 20% female employees. Businesses employing mostly males may also have a child care shortage in their community but are not aware of its impact on their workforce. Several survey respondents indicated that child care was not an issue for their business because they only have male employees. Child Care Benefits One of the primary tools businesses can use to overcome the workforce challenges associated with inadequate child care is to offer child care benefits to their employees. There are a variety of child care benefits employers can provide. The survey asked businesses about the provision of child care benefits defined by the Family Forward Montana initiative.15 There are three tiers of assistance identified by Family Forward MT – business practices, financial assistance, and access benefits. A full list of child care benefits defined by the Family Forward MT initiative can be found in the appendix. Approximately 70% of businesses with at least sixty percent female employees stated there is a child care shortage in their community. 452 Impacts of Child Care on the Montana Workforce Montana Department of Labor & Industry 12 Flexible Work Arrangements An estimated 75% of Montana businesses offered some sort of flexible work arrangement to their employees. Allowing parents of young children flexibility to adapt their work schedules based on child care availability is one way businesses can help mitigate the impact of inadequate child care on their workforce. Employers were surveyed about their provision of five different types of flexible work arrangements. Figure 5 shows the prevalence of each type of arrangement among Montana businesses. The most common type of flexible work arrangement was flexible scheduling, with almost 60% of businesses offering this option. Forty percent of businesses allowed their employees to temporarily reduce their hours to care for their children when child care is not available. The next most common type of benefit was advanced scheduling. Twenty- seven percent of businesses offered advanced scheduling, which is a common practice among employers managing shift workers. Shift work is common in the leisure and hospitality, and retail trade industries. Thirty-two percent of businesses in these industries provided their employees at least 14 days notice prior to their scheduled shift, allowing them time to find safe and affordable child care. About a quarter of Montana employers allowed their employees to bring their child to work. This is particularly beneficial for employees who may be called into work on short notice and do not have time to find child care. The least common type of flexible work arrangement among Montana businesses in 2019 was telecommuting. Only 10% of businesses reported offering this option to their employees. However, there has been a nationwide shift toward remote work in response to the global pandemic. Since conducting this survey, an estimated 30% of the state’s workforce is now working remotely.16 75% of Montana businesses offer some kind of flexible work arrangement. Source: 2020 Child Care Business Survey, MTDLI Figure 5. Percent of Businesses with Flexible Work Arrangements by Type Types of Flexible Work Arrangements Flexible Scheduling Businesses allow employees to work hours outside of the traditional 8-5 hours. For example, working four 10-hour days, or voluntarily work on weekends. Telecommuting Includes working from home or another remote location. Advanced Scheduling Employees receive their work schedules at least 14 days in advance. Temporarily Reduce Hours Employees can reduce their work hours, with pay or without, in order to care for their children when child care is not available. Bring Child to Work Employees can bring their young children to work either temporarily or indefinitely. For example, an employer may allow new parents to bring their child to work until the child is six months old. 453 Montana Department of Labor & Industry Impacts of Child Care on the Montana Workforce 13 Paid Parental Leave Paid parental leave can improve postnatal health, im- prove parent and child wellbeing, and result in better labor market outcomes for mothers.17 Employers bene- fit through increased worker retention and labor force participation.18,19 In Montana, an estimated 13% of businesses offer paid parental leave to their employees. Paid parental leave is leave in addition to paid sick, paid vacation, or paid time off (PTO) and is specifi- cally designated for parents after the birth or adoption of a child. The twelve weeks of job-protected leave provided by the Family Medical Leave Act (FMLA) is not considered paid parental leave unless employees are paid during their absence. Figure 6 shows the number of weeks available to new parents from Montana businesses who offer paid parental leave. Most businesses (67%) with paid leave policies offer leave paid at the employee’s full hourly rate. Figure 6. Number of Weeks of Paid Parental Leave MATERNITY PATERNITY WEEKS Estimate Std Err Estimate Std Err 1-2 19.4%4.5%36.1%7.0% 3-4 18.1%5.6%21.3%7.5% 5-6 24.8%5.0%3.2%1.1% 7-11 10.9%4.5%6.5%1.4% 12+26.8%4.6%12.5%4.7% MOM ONLY NA NA 20.4%4.9% MEAN 7.0 3.9 Q1 2.5 0.7 MEDIAN 4.9 1.7 Q3 11.1 3.7 Source: 2020 Child Care Business Survey, MTDLI Availability of paid parental leave varied by gender, with mothers typically having more generous leave policies available to them than fathers. On average, mothers received seven weeks of paid parental leave compared to only four weeks for fathers. Twenty percent of businesses with a paid parental leave policy only had paid leave available to mothers. Only 12.5% of businesses with paid parental leave policies offered twelve weeks of paid paternity leave, compared to 26.8% that offered twelve weeks of paid maternity leave.20 The most common maternity leave policies included either six weeks (25%) or twelve weeks or more (27%) of paid leave. For fathers, the most common policy was one or two weeks of paid leave (36%), consistent with national trends.21 An estimated 13% of Montana employers offer paid parental leave – leave beyond paid sick, vacation, or PTO that is available to parents after the birth or adoption of a child. 454 Impacts of Child Care on the Montana Workforce Montana Department of Labor & Industry 14 Paid parental leave policies can help employees who cannot find affordable, safe child care for their infant. Infant care is the most expensive form of care, with increased staff-to-child ratios primarily driving the costs.22 Additionally, the supply of licensed infant child care falls well below the estimated demand. Figure 7 shows infant capacity in each county as a percentage of estimated demand. Infant care capacity is significantly undersupplied in Montana, making it difficult for parents of children under the age of two to engage in the workforce. Approximately 58% of Montana employers with paid parental leave policies stated the policy improved their ability to recruit and retain a qualified workforce. Figure 7. Licensed Infant Care Capacity as a Percentage of Estimated Demand Source: DPHHS child care licensing data as of 7/20. Montana Department of Commerce, CEIC population data. 2019 ACS 1-Year Estimates. Infant is defined as a child less than two years old. Financial Assistance Child care expenses can quickly become one of the largest expenses a household faces, particularly for families with multiple children under the age of five. For many families, child care costs may exceed one parent’s income, making it financially prohibitive to remain employed. The average cost of full-time daycare for an infant in center-based care can top $12,750 per year in Montana.23 The cost of full-time care for an infant and toddler can exceed $19,000 per year.24 15% of Montana businesses offer Dependent Care Assistance Plans (DCAP) to help their employees afford child care. 455 Montana Department of Labor & Industry Impacts of Child Care on the Montana Workforce 15 Dependent Care Assistance Plans (DCAP), also known as Dependent Care Flexible Spending Accounts, are one benefit Montana businesses can offer their employees to help offset care costs and encourage labor force participation. DCAP plans allow employees to set aside a portion of their paycheck in a pre-tax account to use for qualifying dependent care expenses. Businesses can also make contributions to their employees’ accounts. The IRS limits the combined employer and employee contributions to $5,000 annually. Approximately 15% of businesses in Montana offer DCAP plans. DCAP offer rates are significantly higher for businesses in Finance and Insurance, Utilities, and Information. Over 47% of businesses in these industries offer DCAP plans to their employees. Businesses in mining, agriculture, construction, retail trade, and leisure and hospitality were the least likely to offer their employees DCAP plans – less than 10% of businesses in these industries offer the plan. Figure 8 shows the percentage of businesses offering DCAP plans to employees by industry. No statistically significant variation in DCAP provision was observed across Montana regions. Figure 8. Percent of Businesses offering Dependent Care Assistance Plans by Industry Source: 2020 Child care Business Survey, MTDLI Of the businesses that offered a DCAP plan, only 5% made contributions. Finance and insurance, utilities, and information industries had the highest percentage of businesses contributing (13.5%). The average contribution amount among businesses was $2,750. Businesses making contributions often made them on a per child basis. About 43% of businesses that offer DCAP plans to their employees reported the plans helped improve their ability to recruit and retain a qualified workforce. 456 Impacts of Child Care on the Montana Workforce Montana Department of Labor & Industry 16 Providing Access to Care With licensed child care capacity meeting only about 47% of the estimated demand, many Montana families have difficulty securing affordable child care. Low-income families, families of children with disabilities, Native American families, and families in rural communities have the most limited access to child care in the state. Several barriers prevent families from accessing care, including cost and lack of availability for infants, toddlers, and children with special needs.25 All of these barriers influence a family’s employment decisions and statewide workforce participation. A few businesses in Montana (7%) offer child care benefits for their employees specifically targeted at helping them access high-quality child care in their community. Figure 9 shows the percentage of businesses offering child care benefits aimed at increasing access to care for their employees. Figure 9. Percent of Businesses Offering Benefit Increasing Access to Child Care Source: 2020 Child care Business Survey, MTDLI About 3.8% of businesses reported that they provide information to employees about how to access child care resources in their community – such as providing the contact information for their local child care resource and referral agency. Some businesses noted they provide information about child care resources as a part of their onboarding process for new employees. This is a low-cost way to help inform employees of child care options by leveraging existing resources in the community. TYPE OF BENEFIT PERCENT STD ERR PROVIDE INFORMATION 3.78%0.55% ONSITE CHILD CARE 2.59%0.45% BACKUP CHILD CARE 1.29%0.31% SUBSIDIZE CHILD CARE <1% CHILD CARE COOP <1% RESERVE CHILD CARE SPACE <1% TOTAL 7.30%0.74% Types of Benefits that Improve Access to Child Care Provide Information HR policies aimed at connecting employees with local resources to help them access care, such as their local child care resource and referral agency. Backup Child Care Business contracts with a backup child care provider to offer care when employees’ children are sick or need care outside of traditional business hours. Onsite Child Care Business operates a child care facility for their employees. Reserve Spaces Business reserves spaces at a local child care provider for employees. Subsidized Care Business provides employees with a stipend to pay for daycare expenses. Child Care Cooperative Multiple businesses come together to operate and manage one child care facility for all their employees. 457 Montana Department of Labor & Industry Impacts of Child Care on the Montana Workforce 17 The child care benefit that requires the largest investment from employers is establishing an onsite child care facility, which is not feasible for every business. Only 2.6% of businesses in Montana reported that they have an onsite child care facility. Those that reported having an onsite child care facility said it improved worker recruitment and retention. Another benefit a few Montana businesses offer is backup child care when their employees’ children are sick or need care outside of traditional business hours; about 1.3% of businesses offer this benefit. Businesses were asked about three other types of benefits aimed at increasing access to care – child care cooperatives, child care subsidies, and reserving spaces at a local child care facility. Less than one percent of businesses reported providing these benefits. COVID Impacts Since the survey was conducted, the global pandemic has altered the economic landscape in Montana. In April of this year, the unemployment rate spiked to almost 12%, as over 60,000 workers found themselves without a job. Although this crisis temporarily increased worker availability, the state quickly regained jobs, with the state’s unemployment rate returning to near-normal levels by the fall. However, the state will be unable to fully regain pre-recession employment levels without addressing child care needs.26 During April, 43% of licensed child care providers closed as an immediate response to the pandemic. These closures accounted for 10,921 child care slots at licensed providers.27 Since then, many child care providers have found new and innovative ways to open while also adhering to important public health guidelines. Federal funding through the CARES Act provided critical support to child care providers, allowing them to stay open or reopen to care for children of essential workers.28 By June, only 14% of child care providers remained closed. However, capacity remains lower than before the pandemic. Further, parents of school-aged children have needed to adjust work schedules and find alternative care due to limited after-school activities and the need to monitor children learning at home. Despite having higher unemployment, the global pandemic has exacerbated the already-existing workforce challenges regarding child care. The global pandemic has highlighted the impact a lack of child care on the prosperity and resiliency of Montana’s economy. Without improved access to child care, estimates suggest at least 20,000 Montana parents remain sidelined from the workforce.29 Engaging these parents in the workforce is a critical step for the state to reach its pre-pandemic employment levels. The state’s economic recovery from the pandemic’s impacts hinges on its ability to finally resolve a problem that has persisted in Montana for many years – the shortage of affordable high-quality child care. 458 Impacts of Child Care on the Montana Workforce Montana Department of Labor & Industry 18 Appendix Definition of Child Care Benefits Child care benefits are defined using the framework established by the Family Forward MT initiative. The initiative was designed by early childhood education (ECE) advocates to recognize businesses that are investing in Montana children and families through family-friendly policies and practices. The list of policies and practices, outlined below, were compiled by ECE experts with input from Montana businesses and local community development organizations. Family Forward MT is supported by the Zero to Five Montana, DPHHS, DLI, and the Governor’s Office. The initiative identified three categories of benefits – HR policies and practice, financial assistance, and improving access to care. More information on the initiative is available at familyforwardmt.org. Tier I: Business/Organizational Practices 1. Flexible Work Arrangements ;Flexible schedule ;Telecommuting options ;Voluntary reduced work time options ;Ability to bring an infant to work for a period of time (i.e. up to 6 months) 2. Human Resources/Management ;Your HR department receives an orientation on community resources and connections to high-quality child care from a local Child Care Resource & Referral (CCR&R) agency and/or early childhood coalition partner, AND you connect employees who are looking for child care with community resources ;Human Resources/Management practices to talk with new or expectant parents about health care, leave planning, and support needed while they are on leave Tier II: Financial Assistance ;Dependent Care Assistance Plans (DCAP) ;Flexible Spending Accounts (FSA) ;Child Care Subsidies ;Paid Parental Leave Tier III: Improving Access to Care ;Onsite child care ;Reserve spaces at local high-quality provider ;Back-up/Emergency child care services ;Consortium child care center to serve employees of participating companies ;Provide backbone support for benefits to a local child care center or family home provider ;Invest in the quality of a child care center or family home provider through the purchase of STARS to Quality materials, trainings, educational supports etc. 459 Montana Department of Labor & Industry Impacts of Child Care on the Montana Workforce 19 Sampling Methodology The sample was a stratified, random sample of Montana businesses with more than one employee that participate in the state’s unemployment insurance system.30 MTDLI maintains a list of these businesses that is updated quarterly and includes the businesses’ current contact information, industry classification, location, and employment and wages paid. The population of businesses used to generate the sample included all businesses with employment in Montana from the second quarter of 2018 through the first quarter of 2019, which was the most recent four quarters of data when the sample was drawn. Firms with multiple locations were included once for each of their establishment locations. The sample was stratified by industry, region, and urban/rural categories. The industries are grouped based on the U.S Bureau of Labor Statistics National Compensation Survey data on the percent of businesses in each industry offering a dependent care FSA (DCAP). Industries with similar provisions are grouped together. Industry stratifications are identified as the following five groupings of NAICS codes Figure A1. Definition of Industry Strata Industry 2-Digit NAICS 1 Construction, Agriculture, Mining 11 21 23 2 Manufacturing, Transportation, Wholesale Trade 31-33 48-49 42 3 Accommodations & Food Service, Admin & Waste, Retail Trade, Arts, Other Services 44-45 71 72 56 81 53 4 Finance and Insurance, Utilities, and Information 22 52 51 5 Education, Healthcare, Professional & Technical Services, Government 61 62 54 92 55 The urban/rural stratification are defined by the grouping of Montana counties according to their population. Seven counties in Montana that are identified as urban – Yellowstone, Cascade, Flathead, Missoula, Gallatin, Lewis and Clark, and Silver Bow. All other counties in Montana are considered rural. The survey was stratified by region according to the five regions shown below. The model assumptions are the same across all regions of Montana, and are similar to the provision of dependent care FSA benefits in the Mountain region of the U.S. There were 3,420 businesses randomly selected as a part of the survey sample. The number of samples in each stratum were allocated using an assumed 50% response rate and a 90% confidence interval with a +/- 5% error range. The table below shows the resulting number of businesses selected in each industry and regional strata. Figure A2. Definition of Regional Strata 460 Impacts of Child Care on the Montana Workforce Montana Department of Labor & Industry 20 Figure A3: Distribution of Sample by Strata Industry Strata Region TOTALNWSWNCSCE Construction, Ag, and Mining 93 112 68 90 98 461 Manufacturing, Transportation, and Wholesale Trade 201 180 106 197 100 784 Accom & Food, Admin & Waste, Retail Trade, arts, other services 152 150 175 102 170 749 Finance and insurance, utilities, and information 145 135 99 111 80 570 Education, Healthcare, Professional & Technical Services, Gov 220 189 158 159 130 856 TOTAL 811 766 606 659 578 3,420 Survey Administration Of the 3,420 businesses selected to receive the survey, twenty-three either did not have an address in the UI administrative database, their location could not be identified, or they were permanently closed. The number of closed businesses in the sample was less than 1%, which is less than anticipated. For comparison, 3.2% of all businesses closed in the first quarter of 2019.31 An additional 91 businesses had multiple locations included in the sample. To save costs and reduce the burden on employers, these surveys were combined into one parent survey that was mailed to the businesses’ primary address. The business was asked to respond for all locations in the sample. After these adjustments were made, a total of 3,305 surveys were mailed out to employers. Surveys were collected via mail and internet responses from January to March 2020. Three mailings were conducted over this time frame, each one month apart. Businesses who had already responded were excluded from subsequent mailings. A second attempt was made to reach businesses if the initial address was incorrect. Mailings to physical addresses in Montana were prioritized over postal boxes or out of state addresses. The third survey mailing officially closed on March 31st. Response Rates MTDLI received 1,648 responses out of the 3,305 surveys – 1,106 responded via mail and 542 submitted their survey using a survey monkey link included in the cover letter. All the survey respondence fell into three categories – completed, closed, or refused. Those businesses who did not pass the initial screening question, meaning they did not employ anyone at the locations sampled in 2019, were considered closed. Those who reached out to state their refusal to participate in the survey fall into the refused category. The remainder of respondents fall into the completed category, meaning they responded to the survey and passed the initial screening question. Considering all three of these response types as having responded, MTDLI received 1,753 responses out of the 3,420 businesses selected in the sample – translating to an overall response rate of 51.3%. Response Number of Businesses Completed 1,579 Closed 168 Refused 6 No Response 1,637 Unable to Contact 30 TOTAL 3,420 Figure A4: Sample Response 461 Montana Department of Labor & Industry Impacts of Child Care on the Montana Workforce 21 The number of businesses that completed the survey varied from 35% to 72% by stratum. The response rates for each stratum are shown in the table below. Rates below the target response rate of 50% are in red. The construction, agriculture, and mining industry grouping had the lowest response rates, followed by the manufacturing, transportation, and wholesale trade industry grouping – both of which were below 50%. Education, healthcare, professional and technical services, and government occupations had the highest response rate of 60%. The regional response rates fell relatively close together between 49% and 57%, with the most rural eastern region having the highest response rate. Figure A5: Response Rates by Strata Industry Strata Region TotalNWSWNCSCE Construction, Ag, and Mining Responses 33 60 31 39 41 204 Response Rate 35%54%46%43%42%44% Manufacturing, Transportation, & Wholesale Trade Responses 107 80 48 93 50 378 Response Rate 53%44%45%47%50%48% Accom & Food, Admin & Waste, Retail Trade, arts, other services Responses 71 78 77 54 93 373 Response Rate 47%52%44%53%55%50% Finance and insurance, utilities, and information Responses 67 61 55 53 50 286 Response Rate 46%45%56%48%63%50% Education, Healthcare, Professional & Tech Services, Gov Responses 118 120 95 86 93 512 Response Rate 54%63%60%54%72%60% Total Responses 396 399 306 325 327 1,753 Response Rate 49%52%50%49%57%51% Post-stratification Even though the sampling was conducted using employment levels from 2018Q2 – 2019Q1, businesses completed the survey in the 1st quarter of 2020 about the child care benefits they offered in 2019. To accommodate for the differences in timing from the sampling and the reference period, the survey data was post-stratified using data from the four quarters ending in 2019Q4. In addition to more closely aligning the reference period with the employment used for weighting, post-stratification reduces the impact of non-response bias and reduces survey error. Survey error is reduced in post-stratification by using known business and employment counts to create survey weights. This process also naturally adjusts for businesses that have closed between the sampling and reference period. The weights used in survey analysis are calculated using employment data from 2019 with the same population exclusions discussed in the sampling section. The totals for the post-stratification include 29,943 employers covering 421,800 employees. Survey Instrument Each mailing included a hard copy of the survey instrument and a cover letter explaining the purpose of the survey and inviting participation via a provided internet link or by completing the enclosed hardcopy and returning it in the prepaid envelope provided. A copy of the survey instrument and cover letter mailed to each business are included at the end of the appendix for reference. 462 21 [Business Name] [Address1] [Address2] [City], [State] [ZIP9] Dear Employer, With low unemployment rates across the state, it is becoming increasingly difficult for Montana employers to find qualified workers. The Montana Department of Labor and Industry is interested in understanding the impact child care availability may have on Montana businesses. Your response to this survey will generate data on child care availability and child care benefits offered to employees. Please complete and return this brief survey; your response is essential for accurate results. Your Human Resources Department or Employee Benefits Manager may have the most information to complete the survey. If possible, please provide information for all your employees working at the establishment(s) located in the following areas. [Locations] Responses to this survey will remain confidential and no individual or business will be identified in the survey results. Please complete and return the survey by January 31, 2020. You can return the completed survey in the enclosed postage-paid envelope or fax to 406-444-2638. You can also complete the survey online at the address below. You just need to enter your employer code, shown below and in the top corner of the survey, to complete the survey online. Online Survey: https://www.surveymonkey.com/r/childcareMT Employer Code: [XXXXXX] Thank you for your help in providing Montana businesses, workers, and policymakers better information about the impact of child care availability on the Montana economy. Results will be available on our website at www.lmi.mt.gov later this year. Please contact us at 406-444-4100 if you have any questions. 463 464 465 Montana Department of Labor & Industry Impacts of Child Care on the Montana Workforce 25 Endnotes 1 2014-2018 ACS 5-Year Estimates. 2 There were an estimated 44,000 children last year in Montana under the age of six who lived in households where all available adults were in the labor force according to 2019 ACS 1-Year Estimates. Licensed child care capacity in September 2020 was 21,000 as reported by Montana Department of Health and Human Services. 3 “Lost Possibilities: The Impacts of Inadequate Child Care on Montana Families, Employers, and Econ- omy” University of Montana Bureau of Business and Economic Research, September 2020. 4 “Lost Possibilities” University of Montana BBER, September 2020. 5 Montana Department of Health and Human Services, child care licensing database 6 Number of parents estimated based on the number of children in two-parent or single-parent house- holds where all available adults are in the labor force using 2014-2018 ACS 5-Year Estimates. 7 Calculation based on 2019 ACS 1-Year Estimates and licensed child care capacity in September 2020 as reported by Montana Department of Health and Human Services. 8 Montana Department of Health and Human Services, child care licensing database 9 There are some businesses employing Montanans who do not participate in Montana’s UI system. Self-employment, independent contractors, and some federal employers do not participate. 10 Community is defined in the survey as the city where the business is located. 11 County population data by age comes from the Montana Department of Commerce, CEIC. The per- centage of children age 0-6 with all parents in the workforce from the 2019 ACS 1-Year Estimates is then applied to the population totals in order to estimate how many children under the age of 5 need care. 12 “Lost Possibilities” University of Montana BBER, September 2020. 13 American Time Use Survey, 2019. Women working full-time spend more time caring for children under 18 than men who are working full-time. 14 U.S. Bureau of Labor Statistics, 2016 annual data. 15 The Family Forward MT Initiative is a collaborative effort by Zero to Five, the Governor’s Office, DPHHS, and MTDLI to recognize businesses who are investing in children, families, and the economy by offering benefits to their employees to help them access child care. More information is available at familyforwardmt.com 16 Brynjolfsson, E., Horton, J. J., Ozimek, A., Rock, D., Sharma, G., &amp; TuYe, H. (2020). COVID-19 and Remote Work: An Early Look at US Data. National Bureau of Economic Research. doi:https:// www.nber.org/papers/w27344 17 Christopher J. Ruhm, Parental leave and child health, Journal of Health Economics, Volume 19, Issue 6, 2000, Pages 931-960, ISSN 0167-6296, https://doi.org/10.1016/S0167-6296(00)00047-3. 466 Impacts of Child Care on the Montana Workforce Montana Department of Labor & Industry 26 18 Barbara Broadway, Guyonne Kalb, Duncan McVicar & Bill Martin (2020) The Impact of Paid Parental Leave on Labor Supply and Employment Outcomes in Australia, Feminist Economics, 26:3, 30-65 19 Shuhei Nishitateno, Masato Shikata,Has improved daycare accessibility increased Japan’s maternal em- ployment rate? Municipal evidence from 2000–2010, Journal of the Japanese and International Econo- mies, Volume 44, 2017, Pages 67-77, ISSN 0889-1583, https://doi.org/10.1016/j.jjie.2017.04.002. 20 FMLA leave does not count as paid parental leave because it is unpaid. All employers with more than 50 employees are required to provide twelve weeks of FMLA leave to their employees. 21 Richard J. Petts, Chris Knoester & Qi Li (2020) Paid paternity leave-taking in the United States, Com- munity, Work & Family, 23:2, 162-183, DOI: 10.1080/13668803.2018.1471589 22 2016 Child care Market Rate Survey, Montana Department of Health and Human Services and the Montana State University Extension Center. 23 “Lost Possibilities” University of Montana BBER, September 2020. 24 Child care costs calculated based on full-time tuition rates of STARS level 4 center-based care in Lewis and Clark County as of September 2020. 25 Montana’s Early Childhood System: A Comprehensive Needs Assessment, DPHHS Early Childhood Services Bureau, September 2019. 26 Trautman, Emily. “The COVID-19 Recession: Frequently Asked Questions,” MTDLI, June 2020. http:// lmi.mt.gov/Portals/193/Publications/LMI-Pubs/Articles/2020/0620-COVID-Recession.pdf 27 Montana Department of Health and Human Services, child care licensing database 28 The federal government provided states with supplemental funding for child care ($10.1 million for Montana) through the Child Care Development Block Grant (CCDBG) https://www.acf.hhs.gov/occ/ resource/2020-cares-act-ccdbg-supplemental-funding-allocations-for-states-and-territories. As well as the additional $50 allocated from the MT allocation of the Coronavirus Relief Fund (approximately $8 million of which went to licensed child care facilities and $30 went to school-age children during out of school time). https://dphhs.mt.gov/aboutus/news/2020/maintainandexpandchildcare#:~:text=Gov- ernor%20Bullock%20Directs%20%2450%20Million,in%20response%20to%20COVID%2D19 29 Micro CPS monthly data, IPUMS May 2020. 30 There are some businesses employing Montanans who do not participate in Montana’s UI system. Self-employment, independent contractors, and some federal employers do not participate. 31 Business Employment Dynamics, March 2019. Rates of private sector establishment births and deaths in Montana, seasonally adjusted. 467 This document is intended for online distribution, and has no associated printing or mailing costs. Research and Analysis Bureau P. O. Box 1728 Helena, MT 59624-1728 Phone: (406) 444-4100 www.lmi.mt.gov 468 53% 47% 52% 48% CHILD CARE AND THE COMMUNITY Quality child care is safe, stimulating, and provides a loving environment in which children mentally and physically thrive. Long-term benefits include increased school readiness, healthy eating habits, advanced verbal and intellectual skills, social and emotional skills, and a strengthened future workforce for our community. WHAT IS QUALITY CHILD CARE? OVER 90% OF BRAIN DEVELOPMENT OCCURS BETWEEN AGES 0-5. 47% Licensed child care in Montana meets only about 47 percent of demand, leaving over 20,000 children without licensed care 52% Gallatin County has a shortage of 52% in licensed child care, leaving many families with illegal or unsafe options for their children. 1 out of 5 Montana is 1 out of 5 states in the U.S. that fails to meet even 1/2 of the potential need for child care. Gallatin County WHAT IS THE COST OF CHILD CARE? Child Care is considered affordable when it takes up 7% or less of a household's income. In Montana, a typical family in Gallatin County spends over 25% of their income on child care for one infant and one toddler. $9,062 Per infant (ages 0-2)annually $8,365 Per child (ages 3-5)annually 469 Sources:https://childcareawarewa.org/employers/https://www.epi.org/child-care-costs-in-the-united-states/#/MThttps://www.americanprogress.org/issues/early-childhood/reports/2019/03/28/467488/child-care-crisis-keeping-women-workforce/https://static1.squarespace.com/static/5c90fe4716b640613581ddff/t/5ceed961e2c48379c66cc372/1559157090011/Family+Forward+Montana+Business+Practices_REVIEW+VERSION+.pdfhttps://montanafreepress.org/wp-content/uploads/2021/05/DLI_ChildcareReport2020.pdfhttps://datacenter.kidscount.org/data/customreports/4279/anyhttps://tootris.com/edu/blog/news/oped-we-need-to-reimagine-a-more-family-friendly-workplace-5-21/This project is funded (in part) under a contract with the Montana Department of Public Health and Human Services. The statements herein donot necessarily reflect the opinion of the Department. (Document Updated by CCC 5/27/21) 84% 16% 53.8% 46.2% 58% 42% IMPACT OF HIGH COSTS ON FAMILIES CHILD CARE AND THE WORKFORCE 901 NORTH BENTON AVENUE, HELENA MT 1143 STONERIDGE DRIVE, BOZEMAN MT (406) 587-7786 | (800) 962-0418 CCCMONTANA.ORG Unmet child care demand is both a cause and effect of the state's workforce shortage. High cost, limited availability, and inconvenient program hours are all challenges that are driving parents out of the workforce. CONTACT US FOR MORE INFO AND RESOURCES! CHILD CARE CONNECTIONS AFFORDABILITY MINIMUM WAGE WORKERS SINGLE MOTHERS 16.5%28WKS 42% An estimated 42% of single mothers with children 0-5 have an annual income of $17,000 or less. Infant care for one child costs a parent making minimum wage about 28 weeks worth of wages. In MT, an average family pays 16.5% of their annual income for child care for one child. 40%of MT's businesses report difficulty recruiting or retaining qualified workers due to a lack of affordable child care in their community 67%of MT's children under the age of 6 have both, or their only parent, in the workforce. 13%of Montana employers offer paid parental leave to their employees 75%of working moms lost job opportunities because of child care issues 470 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:Harper's Corner Zone Map Amendment Requesting an Initial Zone District of R-4 (Residential High Density District) on Two Parcels with a Total of 40.12 Acres. The Subject Site is Located East and South of Hidden Valley Road About One Quarter Mile East of Harper Puckett Road. Application 23127. MEETING DATE:May 7, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Consider the Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 23127 and move to approve the Harper's Corner Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. 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 application includes requesting an initial zone district of R-4 (Residential High Density District) on a site with two parcels approximately 40.12 acres in size. The City Commission approved the request to annex into the city on January 23, 2024. The request for an initial zone district at the hearing was continued with direction to the applicant to meet with the neighbors to discuss the proposed zone district. The property is currently zoned "Agriculture Suburban" (AS) within the county. Zoning north, south and west of the site is unzoned. Directly north of the site within the county is zoned Manufactured Home (R-MH). On the eastern side of the project site is an 86- acre vacant parcel that recently received final approval to annex into the city with an initial zone district of REMU (Residential Emphasis Mixed Use) in December 2022. Nearby municipal zoning to the north about a quarter mile is REMU (Silo Annexation). East of the site about a half mile is zoned R-4 and south about a half mile is R-1, R-3, R-4 and R-5. The Future Land Use Map in the Bozeman 471 Community Plan 2020 designates the property as "Urban Neighborhood" which includes the R-4 district as an implementing zoning district. The property is bordered by Hidden Valley Road to the west and north. There is currently an existing single household dwelling with associated outbuildings on each parcel. Directly north of the site is a mobile home park located within the county. Further north and west of the site are rural residential uses, and vacant land directly south and east of the subject site. The application was heard by the Community Development Board on September 11, 2023 where the applicant initially requested an initial zone district of R-5 (Residential Mixed Use High Density District). At the September 11, 2023 public hearing, the Community Development Board, acting in their capacity as the Zoning Commission, voted 5-1 to recommend denial of the requested R-5 zoning to the City Commission. In general the five members recommending denial of the zoning request were not in favor of establishing an R-5 (Residential Mixed Use High Density District) at this location. Several members suggested a lower density district would be more appropriate at this location given the surrounding rural and agricultural character. In response to public comment and comments from the Community Development Board members, the applicant changed the requested initial zone district to R-4 (Residential High Density District) in lieu of R-5 (Residential Mixed Use High Density). At the January 23, 2024, public hearing, the City Commission voted 4-1 to approve the annexation and voted 3-2 to approve the zone map amendment. The annexation was approved, however, the zone map amendment request failed to meet the supermajority needed (4 votes) to be approved. The City Commission requested the applicant reach out and talk with the neighbors regarding the proposed R-4 zone district and return for a final City Commission hearing for the zone map amendment. The applicant met with the neighbors and submitted a summary of his neighborhood outreach which is attached with the staff report. UNRESOLVED ISSUES:There are no identified conflicts on this application. ALTERNATIVES:1. Approve the zone map amendment application; 2. Approve the application with modifications to the requested zoning; 3. Deny the application based on findings on non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the zone map amendment application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. 472 Attachments: 23127_Harper_s_Corner_Annx-CC_2__SR.pdf Harpers Corner Narrative_v2.pdf Report compiled on: April 23, 2024 473 Page 1 of 27 23127 Staff Report for the Harper’s Corner Annexation and ZMA Public Hearing Dates: Zoning Commission – September 11, 2023 City Commission – January 23 and May 7, 2024 Project Description: Annexation application 23127 requesting annexation of approximately 40.12 acres and adjacent right of way for Hidden Valley Road and amendment to the City Zoning Map for the establishment of a zoning designation of R-4 (Residential High Density District). Project Location: East and south of Hidden Valley Road about one quarter mile east of Harper Puckett Road and legally described as Tracts 1 and 2 equaling approximately 40.12 acres on COS No. 408A as the SE ¼ of the SW ¼ of Section 27, Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana. Recommendation: Meets standards for approval with terms of annexation and contingencies. Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23127 and move to recommend approval of the Harper’s Corner Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 23127 and move to approve the Harper’s Corner Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. Report: April 23, 2024 Staff Contact: Elizabeth Cramblet, Associate Planner Lance Lehigh, City Engineer Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for the City Commission. Application materials available at Harper’s Corner, Application 23127. 474 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 2 of 27 Unresolved Issues There are no identified conflicts on this application at this time. Project Summary The proposed application includes annexing two parcels approximately 40.12 acres in size into the City limits plus adjacent right-of-way and establish initial zoning of R-4, Residential High Density District. The property is currently zoned “Agriculture Suburban” (AS) within the county. Zoning north, south, and west of the site is within the county. South of the site is zoned Agriculture Suburban (AS), west of the site is unzoned, and north is zoned Residential Manufactured Home (R-MH). On the eastern side of the project site is an 86-acre vacant parcel that just received final approval to annex into the city with an initial zone district of Residential Emphasis Mixed-Use (REMU). Nearby municipal zoning to the north about a quarter mile is REMU (Silo Annexation), Residential Emphasis Mixed-Use. East of the site about a half mile is zoned R-4 (Residential High Density) and south about a half mile is R-1, R-3, R-4 and R-5. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the R-4 district as an implementing zoning district. The property is bordered by Hidden Valley Road to the west and north. The proposed annexation would bring in additional right of way to build out Hidden Valley Road to the City’s collector standard adjacent to the subject property as would be required with future development. Additionally, the project will bring in additional right of way to align and eventually connect with Catamount Street (classified as a Minor Arterial in the Bozeman Transportation Master Plan-TMP) that will eventually run along the southern border of the project site and additional right of way to align and eventually connect with Ferguson Avenue (classified as a Collector Street in the TMP) that is approximately one half mile south of the subject site. There is currently an existing single household dwelling with associated outbuildings and a septic system on each parcel. Directly north of the subject site is a mobile home park located in the county. Further north and west of the site are rural residential uses, and vacant land directly south and east of the subject site. The vacant 86-acre acre parcel east of the site received final approval on December 6, 2022 to annex into the city with an initial zone district of REMU (Project Eighty-6, Application 22113)[External Link]. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. 475 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 3 of 27 Community Development Board (Zoning Commission) Summary This application was heard by the Community Development Board on September 11, 2023. The applicant originally requested an initial zone district of R-5 (Residential Mixed-Use High Density District). At the September 11, 2023, public hearing, the Community Development Board, acting in their capacity as the Zoning Commission, voted 5-1 to recommend denial of the requested R-5 zoning to the City Commission. In general, the five members recommending denial of the zoning request were not in favor of establishing an R-5, Residential Mixed-Use High Density district at this location. One member suggested REMU would be a more appropriate district to allow for some neighborhood commercial with residential uses. Several members suggested a lower density district would be more appropriate at this location given the surrounding rural and agricultural character. Below is a video link to the September 11th Community Development Board meeting. The item begins about one hour, seven minutes into the meeting. Video Link for CDB meeting (External Link) Revisions to Application Materials In response to public comment and comments from the Community Development Board members, the applicant has changed the requested initial zone district to R-4 (Residential High Density) in lieu of R-5 (Residential Mixed Use High Density). This staff report and analysis reflects this proposed change from the applicant. An additional notice for this change in the application was published in the Bozeman Daily Chronicle on December 23rd and December 30th, 2023. The notice was posted on site and notices mailed by the applicant as required by 38.220 (External Link) and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 days prior to any public hearing. City Commission Summary from January 23rd Hearing The application was heard by the City Commission on January 23rd, 2024. The neighbors adjacent to the site submitted enough letters of protest to require a super majority vote by the Commission to approve the requested zone district of R-4. The annexation only received a majority vote. The City Commission voted 4-1 to approve the annexation. The City Commission voted 3-2 to approve the zone map amendment which failed to meet the super majority needed (4 votes) to approve the zone map amendment. In general, some of the Commissioners that voted for the zone map amendment preferred some tapering of density towards the western edge of the subject site to provide a range of housing types. The remaining two Commissioners had concerns with the existing rural character surrounding most of the subject site and the existing rural road network. In addition, it was noted there was no attempt by the applicant to meet with 476 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 4 of 27 neighbors adjacent to the site regarding the proposed application. The Commission requested the applicant reach out and talk with the neighbors regarding the proposed R-4 zone district and return for a final City Commission hearing for the zone map amendment for a date to be determined. Below is a video link to the January 23rd City Commission meeting. The item begins about one hour, forty-seven minutes into the meeting. Video Link for City Commission meeting (External Link) Applicant Response to City Commission Request for Neighborhood Outreach In response to public comment and comments from the City Commission, the applicant met with the neighbors at a private home on February 8 th, 2024. Following this meeting, the applicant met and talked with neighbors on a number of occasions as outlined in the attached summary submitted by the applicant. The applicant has chosen to continue to request an initial zone district of R-4 for the subject site. An additional notice for the application was published in the Bozeman Daily Chronicle on April 13th and April 20th, 2024. The notice was posted on site and notices mailed by the applicant as required by 38.220 (External Link) and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 day s prior to the public hearing. Details regarding public outreach by the applicant are found in the attached memo ‘Harper’s Corner Narrative.’ Alternatives 1. Approve the zone map amendment application; 2. Approve the application with modifications to the requested zoning; 3. Deny the zone map amendment application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the zone map amendment application, with specific direction to staff or the applicant to supply additional information or to address specific items. 477 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 5 of 27 TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................ 1 Unresolved Issues ........................................................................................................ 2 Project Summary.......................................................................................................... 2 Community Development Board (Zoning Commission) Summary………………………3 City Commission Summary (from January 23rd) Hearing………………………………...3 Alternatives.................................................................................................................. 4 SECTION 1 - MAP SERIES: ............................................................................................. 6 SECTION 2 - RECOMMENDED CONTENGENCIES OF ZONE MAP AMENDMENT . 11 SECTION 3 - RECOMMENDATION AMD FUTURE ACTIONS ................................... 11 Zone Map Amendment ............................................................................................... 11 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS .......... 12 PROTEST NOTICE FOR ZONING AMENDMENTS ..................................................... 24 APPENDIX A - NOTICING AND PUBLIC COMMENT................................................. 24 APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING .................. 25 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF .......................... 27 FISCAL EFFECTS .......................................................................................................... 27 ATTACHMENTS ........................................................................................................... 27 478 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 6 of 27 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map Hidden Valley Rd Community Commercial Mixed Use Public Institutions E Valley Center Rd Project Site Project Eighty-6 Silo Catamount St Silo E Valley Center Rd Hidden Valley Rd Hidden Valley Rd Project Site Project Eighty-6 Silo 479 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 7 of 27 Map 2: BCP 2020 Future Land Use Map Project Site Urban Neighborhood Residential Mixed Use Traditional Core Public Institutions Public Institutions Community Commercial Mixed Use 480 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 8 of 27 Map 3: Existing City Zoning Project Site B-P REMU REMU B-2 B-2 R-1 R-S R-O Catamount St Hidden Valley Rd PLI PLI R-1 R-5 R-4 481 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 9 of 27 Map 4: Existing County Zoning (grey and labeled areas are within city) County Agriculture Suburban City Zoning Project Site City Zoning City Zoning (Silo) City Zoning- Project Eighty-6 City Zoning Unzoned Catamount St 482 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 10 of 27 Map 5: Applicant Proposed Zoning REMU B-2 B-2 R-S R-1 R-1 REMU REMU R-4 Project Site Hidden Valley Rd Catamount St 483 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 11 of 27 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the Harper’s Corner Annexation Zone Map Amendment. All required documents must be returned to the City within 60 days of the City Commission action to annex the property or the preliminary approval shall be null and void. 2. The Ordinance for the Zone Map Amendment shall not be finalized until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the annexation is not approved, the Zone Map Amendment application shall be null and void. 3. The applicant must submit a zone amendment map, titled “Harper’s Corner Zone Map Amendment.” The map must be supplied as a PDF. This map must be acceptable to the City Engineer’s Office and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way or street easements, and total acreage of the property to be rezoned; unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted. The Harper’s Corner Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff responses are predicated on approval of the annexation, application 23127. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. 484 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 12 of 27 The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on this ZMA on September 11, 2023. A brief summary of their recommendation is on page three of this staff report. The City Commission held a public hearing on the zone map amendment on January 23, 2024. A brief summary of their discussion is on page three of this staff report. The City Commission will hold a second and final public hearing on the zone map amendment on May 7, 2024. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map 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 map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. For information about how the code as a whole applies examples of specific code sections and the timing of future application is provided as part of the analysis below. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies 485 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 13 of 27 depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The Urban Neighborhood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table excerpt, the R-4 district is an implementing district of the Urban Neighborhood category. 486 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 14 of 27 Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development. It is inconsistent with this approach to zone at annexation for lower intensities than what infrastructure and planning documents will support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. N-1.1 Promote housing diversity, including missing middle housing. N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing. Goal N-3: Promote a diverse supply of quality housing units. The requested R-4 district supports all three of the above as it authorizes a wide range of housing types, lot sizes, and services to create a mix of housing, including “Missing Middle” housing as one of the critical components of affordable housing. Goal DCD-1: Support urban development within the City. The proposed zoning is occurring in conjunction with an annexation. Any future development will be required to occur at urban densities and will be within the City. If the City Commission declines the annexation then the requested R-4 zoning will not occur. DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. 487 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 15 of 27 The proposed zoning is consistent with the future land use map and is within the current facilities plans. Goal RC-3: Collaborate with Gallatin County regarding annexation and development patterns adjacent to the City to provide certainty for landowners and taxpayers. Gallatin County has been notified of the proposed annexation. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The property in question is contiguous to the City limits on the east on over 1,320 lineal feet. It adds approximately 40 acres to the City limits that is available for urban development. B. Secure safety from fire and other dangers. Criterion Met. The existing buildings are constructed of unknown quality, fire, and safety measures. Any removal and replacement must meet the development standards of the City. Fire protection water supply will be provided by the City of Bozeman water system. The property is not within any delineated floodplain nor does it have other known natural hazards. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. Future development of the property will be required to conform to all City of Bozeman public safety, building, and land use requirements. The City provides emergency services to adjacent properties and no obstacles have been identified in extending service to this parcel. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.400.010 Streets, general Access for emergency services Transportation Master Plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, site plan, and building permit 488 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 16 of 27 C. Promote public health, public safety, and general welfare. Criterion Met. The proposed zoning designation will promote general welfare by implementing the future land use map and identified policies in the BCP 2020. Public health and safety will be positively affected by requiring new development to connect to municipal sanitary sewer and water systems, which will prevent groundwater pollution and depletion by wells and septic systems. As noted in Criterion B, further development and redevelopment must be in accordance with modern building, access, stormwater, pedestrian circulation, ingress and egress to the site, and full connection to the greater transportation network for users ensuring the promotion of public health, safety and general welfare. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit 489 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 17 of 27 D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas for transportation, parks, sewer, and water. The City conducts extensive planning f or municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a gu arantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” See also comments under Criterion C. The applicant has been advised that the subject property is located within the Baxter Creek Sewer Drainage Basin, which currently does not have any wastewater infrastructure to service the subject site and that prior to any future development, the applicant is advised all wastewater generated by the development must flow into the Hidden Valley Lift Station, which is currently in the early phases of design and is not yet developed. All future construction must extend services in conjunction with subdivision and site development. Those extensions must meet current standards and will advance this standard. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 490 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 18 of 27 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Sewer collection facilities plan, Water facilities plan Annexation for collector and arterial streets. Subdivision or site plan for all others. 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan E. Reasonable provision of adequate light and air. Criterion Met. The R-4 zoning designation has requirements for setbacks, height, and lot coverage in Table 38.320.030A [External Link] of the UDC which address the reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buff ering. Park dedication will also be required with future development as required by state law (76 -3-621 MCA) and city ordinance (38.420.020 BMC). The criterion is not about personal preferences but about protection of public health and safety. The adopted standards address protection of public health and safety. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. 491 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 19 of 27 Municipal Code Section and Title Subject Related Documents When standard is applied 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 38.520.060 On-site residential and commercial open space Private land open area requirements Site plan F. The effect on motorized and non-motorized transportation systems. Criterion Met. The proposed zoning will allow for a higher density of uses than is currently allowed under Gallatin County zoning. The Gallatin County zoning now in place is an agricultural protection zone which requires 20 acres per home. The site is presently occupied by a single household dwelling with outhouses on each parcel. Any development under Bozeman R-4 zoning will generate more traffic, on foot, bicycle, or vehicle, than the existing single family lot. To meet the adopted standards of 38.400, [External Link] when a development is proposed, it will be responsible for f rontage improvements along Hidden Valley Road as well as Catamount Street and Ferguson Avenue when triggered. Improvements to Hidden Valley Road will allow future residents easy access to I-90 that lies just over a half mile from the subject site. Future development will be required to provide these improvements which will enhance the city’s motorized and non-motorized transportation systems. Local streets will be laid out and constructed as development proceeds. Sidewalks and bike facilities are minimum standards and will be constructed as needed. Easements for all the roads mentioned by name are required as part of the Terms of Annexation. 492 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 20 of 27 Municipal Code Section and Title Subject Related Documents When standard is applied 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Annexation for collector and arterial streets. Subdivision or site plan for all others. 38.420.110 Recreation Pathways Location and requirement to install. Park, Recreation, and Active Transportation Plan Annexation for Class 1 Trails easement. Subdivision or site plan for all else. G. Promotion of compatible urban growth. Criterion Met. The intent of the R-4 zone is to provide for mixed-use and high density residential development through a variety of housing types to serve the varying housing needs of the community’s residents. The subject property is adjacent to low-density residential uses to the southwest and west. There is an undeveloped parcel, within the city limits zoned REMU, and a mobile home park directly north of the site. The R-4 district allows for a wide range of residential uses which allows for consideration of existing development to the north and west. In addition, the proposed zoning is in accordance with the Bozeman Community Plan’s future land use designation of Urban Neighborhood. Use of high density residential is appropriate for areas adjacent to a variety of land uses and can stand along to develop its own neighborhood character, as described in residential intent and purpose statement. Surrounding county zoning and unzoned properties to the north, west and south include low to medium residential density, and vacant land. East of project site is now zoned Residential Emphasis Mixed Use (REMU) that will contain a wide mix of housing types. The site is at the intersection of current and future arterial and collector streets which will provide physical separation from adjacent existing development to the west and south. 493 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 21 of 27 Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan, building permit 38.320.060 Zone Edge Transitions Height adjustments on the edge of some zones Site plan 38.340 Overlay District Standards Historic preservation SOI Standards for Historic Preservation, Design Guidelines for Historic Preservation Site plan and building permit 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit H. Character of the district. Criterion Met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. Application of any municipal zoning district to the subject property will alter the existing agricultural character of the subject property. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. The intent and purpose of the R-4 district is available in 38.300.100.E [External Link] and in Appendix B of this report. 494 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 22 of 27 The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the City's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in R-4 to be compatible with adjacent development and uphold the residential character of the area. As noticed in the growth policy under discussion of this criterion a local street is considered an adequate separation between different uses and districts to minimize impacts, see page 77. The existing character of the site is a single household large lot. Any change in zoning will modify the essential character of the property. To the east is a vacant lot recently annexed zoned REMU, which will allow a variety of high density housing. To the west is low density housing in the county and north is a mobile home park. Directly south is a vacant lot within the county. Therefore, there is a diversity of character in the specifics but a general character of residential uses which is consistent with the R-4 zone. The zoning amendment is in conjunction with annexation of the property. Annexation and urban zoning will change the character of the application site. However, the requested zoning is consistent with adjacent urban zoning. The urban zoning will be separated by a public street from the low density, unzoned area to the west. It will not be separated from the mobile home park to the north and vacant lot to the south. It is appropriate to zone the annexing area consistent with the current growth policy and other standards of the City. The amendment does not alter the allowed uses or standards within the adjacent unzoned low density subdivision or the mobile home park to the north. Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan, building permit 495 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 23 of 27 38.320.060 Zone Edge Transitions Height adjustments on the edge of some zones Site plan 38.340 Overlay District Standards Historic preservation SOI Standards for Historic Preservation, Design Guidelines for Historic Preservation Site plan and building permit 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit I. Peculiar suitability for particular uses. Criterion Met. The property is within the City’s planning area for land use and utility extensions. There is frontage on Hidden Valley Road, a collector street. Upon future development, Hidden Valley Road will be constructed to municipal Street Standard adjacent to the property. Municipal utilities and emergency services can be extended to the area. The proposed R-4 zoning designation is suitable for the property’s location and adjacent uses. Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.600 Natural Resource Protection Protect watercourses and wetlands FEMA Floodplain study Subdivision, site plan review, building permit J. Conserving the value of buildings. Criterion Met. There is one single family dwelling with associated outbuildings on each of the two subject properties. The amendment is for the zoning map and does not alter allowed uses on adjacent properties. 496 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 24 of 27 K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed R-4 zoning designation will encourage the most appropriate use of land as the property is near residential uses. Upon future development, there will be access to the city’s services, including streets, thus the site is able to support a higher intensity of uses as allowed within the R-4 zoning district. Furthermore, the proposed R-4 zoning designation is consistent with the BCP 2020 future land use map designation of “Urban Neighborhood”. 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. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was originally published in the Bozeman Daily Chronicle on August 26th and September 2nd, 2023. Due to a delay in the City Commission hearing and a revision to the initial zone district from R-5 to R-4, an additional notice for this change in the application was published in the Bozeman Daily Chronicle on December 23rd and December 30th, 2023. The notice was posted on site and notices mailed by the applicant as required by 38.220 [External Link] and the required confirmation provided to the Planning Offic e. Notice was provided at least 15 and not more than 45 days prior to any public hearing. 497 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 25 of 27 As of the writing of this report on January 10, 2024, written comments have been received on this application. Any received comments will be made available through the City’s Laserfiche system. APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020. “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of R-4, Residential High Density district whose intent is to: Residential High Density District (R-4). The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi- household dwellings to serve the varying needs of the community’s residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. The Zoning Correlation Table on Page 58 of the Bozeman Community Plan 2020 correlates 498 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 26 of 27 zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of R-4 correlates with the Growth Policy’s future land use designation of “Urban Neighborhood”. 499 Staff Report for the Harper’s Corner Annexation and ZMA, Application 23127 Page 27 of 27 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner/Applicant: Russell Hosner LLC, PO Box 10190, Bozeman MT 59719 Representative: WGM Group, 109 E Main St. Suite B, Bozeman MT 59715 Report By: Elizabeth Cramblet, Associate Planner, Community Development Department FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record was electronically submitted and can be viewed at the Community Development Department. Select ‘Project Documents’ and navigate to application 21442 to view the full application. Digital access is also available at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials direct link: Application 23127, Harper’s Corner 500 Harpers Corner Narrative March 21st, 2024 Overview On January 23rd we presented the Harpers Corner Annexation and Zoning application at the Bozeman City Commissioners meeting. The Annexation passed. The Zoning request did not pass, with three Commissioners voting in favor and two dissenting. Collectively, we heard two sperate comments each from the two City Commissioners who dissented: 1) The applicant should meet with the neighbors to discuss any development plans, as appropriate 2) The zoning may not meet the Character of the area. Meet with the Neighbors On February 8th, we met with the neighbors at the home of Ray and Mary Seed. It was a pleasant and substantive meeting. Beer was served. It was clear that the Watt’s Lane neighbors had some concerns: road and transportation safety, creek protection, stormwater retention, etc. This was in line with the protest comments. Together, we effectively united that those concerns were a part of the Preliminary Plat process, not the Zoning process. In a subsequent email on February 16th, the neighbors made further comments: • The Planning Department has worked with split or tapered zoning in the past and it is possible to make adjustments to the roads and infrastructure in order to help you with your layout during the planning design stage. According to Commissioner Madgic, this is not uncommon. • It is possible to set up an Annexation Agreement which specifies in advance the amount of open space and building height limits on Hidden Valley Road and the southwest corner adjacent to Deanna Campbell's property. The Annexation Agreement is binding to the property, if you decide to sell the property at a future date. The city recently approved an Annexation Agreement for the Canyon Gate Project. Elizabeth Cramblet would be a good resource. • If the property is not zoned, The City Commissioners can assign zoning, but this is rarely done. They could assign R3 just as well as REMU. 501 • With this information, we [the Neighbors] would like to propose that you apply for R4 zoning on the 20 acre tract on the eastside of Harper Corner and R2 zoning on the 20 acre tract westside of Harper Corner. We would like an Annexation Agreement outlining the amount of open space, which includes protection of the creek, and a height limit and setbacks for buildings close to the open space to the west, and the southwest of the Harper Corner property. We, as the developers, discussed in the meeting and subsequently responded, reiterating: • That the five neighboring properties adjacent to Harpers Corner have indicated they will not protest the application. • We highlighted that there were five remaining neighbors on the other side of Hidden Valley Road (in lots of four-acre parcels) that consisted of the remaining known potential protestors. We expressed our desire and full intent to work with these five neighbors to create a housing project that would help alleviate our community’s crisis as well as appease them. • We made it clear that on account of the several unknown, and severe, civil costs ahead (namely: roads, water, setbacks, offsites and a sewer run of three-quarters of a mile) we are prohibited from agreeing to a lower zoning request. It is not plausible to arbitrarily draw a zoning line without knowing the forthcoming cost liabilities. • We clearly articulated our goal to feather the development from less dense on the West end to potentially denser on the East end. • We discussed that the City Planning Office originally voiced a recommendation of REMU. We, the applicant, lowered the request to R5. And then it was lowered again, by the application, to R4. We did this to appease the neighbors. • We reasserted our belief in the Bozeman City Planning Office and its recommendation of the R4 Zoning, echoing the points highlighted at the Commission Meeting that we are following the City’s own Planning Department recommendation as well as the Bozeman’s Community Plan and the ‘growth corridor.’ 502 • We believe that the Commission, if it took the advice of the City Planning Office, could agree to REMU, R5 or R4. If, for whatever reason they did not, then we would not agree to the Annexation and the civil upgrades would not take place, including city-standard roadway connectivity. • We discussed our plan should the Commission not support our Zoning request. This included pursuing one-acre parcels in the County or building a storage facility or investing in another potential use that did not require the substantial burden of civil costs. This route would not be advantageous for the city of Bozeman. But, in accordance with the economics, we would have minimal options. This would negate the Hidden Valley Standard Collector Street, the Catamount Minor Arterial, and the Ferguson Standard Collector. • We reiterated our belief that with so many unknowns ahead, including Planning Department mandates, the best way to tackle the challenge is to adhere to the system already in place and to work together in the Preliminary Plat planning process. On February 16th, the neighbors were given more information on the potential for an Annexation Agreement, citing another subdivision as precedent. We immediately united with our neighbors to try and create a mutual advantageous path forward centering on a potential Annexation Agreement. Together, with the neighbors, we created a document with the hopes that it would “continue with the property.” Meaning, the neighbors voiced over that they trusted us to build less dense on the eastern approach but sought assurances that it stayed with the property should we “get hit by a bus.” Appendix A was created by the applicant as a Draft Proposal to begin an Annexation Agreement. We also met individually with Deanna Campbell at her home. Deanna’s property is adjacent to the south of Harpers Corner. She shared her plans for Liberty Acres and a trout fishery. We stated to her that we agreed that appropriate setbacks for that area will be considered. Over the course of several phone calls (approximately 15) with neighbor Greg Vidmar, who became the de facto point-of-contact with the remaining five neighbors, we created a narrative to ask the city for an Annexation Agreement. Upon receiving the Draft Annexation Agreement, the City Planning Department notified us by phone on March 8th that they would not consider an Annexation Agreement. With the Annexation Agreement not available, we also met with the City Planning Department on the viability of a private agreement. After that meeting, we made it clear we will not pursue a private agreement as “private agreements cannot supersede local laws and zoning” and that an agreement on height restriction cannot be permanently protected as the restrictions depend on the interests of the private parties. Meanwhile, there is no third party – either government 503 or conservation – to legally enforce a permanent restriction on the land. For obvious legal ramifications, the applicant will not enter into a private agreement that is attached to the property. On March 20th, Greg Vidmar, Commissioner Joey Morrison and Jon Knokey met for coffee to try and discuss options ahead. Greg and Jon were both appreciative that a commissioner gave the time to try and help find middle ground. This meeting, though informative and constructive, did not provide a clear path forward that would appease the five protesting neighbors. Taking months of meetings into account, the applicant desires to fulfill the intent in the Harpers Corner Preliminary Annexation Statement through the existing process: the Preliminary Plat. As the applicant, we feel like we have met the requirement to “meet with the neighbors to find a solution” and have been unable to do so. It is our hope that the neighbors understand the economics, the process, and the City’s housing strategy that has led us to submit this application. As of this writing, we have the known support of half of the neighbors, all adjacent to Harpers Corner. We very much want to work with the five remaining neighbors on the other side of Hidden Valley Road. We plan to do so during the Preliminary Plat process. Character of the Neighborhood After purchasing the land at Harpers Corner we met with the City Planning Department, including then-Planning Director, Marty Matsen, as well as engineers and staff. The Planning Department told us that Harpers Corner was in the planned “high density growth corridor,” which included the creation and funding of a new lift station to accommodate density. We were made privy to the forthcoming wastewater Master Plan update, which clearly promoted development for Harpers Corner. Furthermore, we learned from the Planning Department that two other applicants were moving forward with Annexation and, specifically, REMU Zoning requests. The Planning Department requested that we meet with our neighbors to devise a plan for the area. We began to work closely with our neighbors, Virga Ventures and SS Davis 86. Virga annexed 113.92 acres as REMU Zoning. SS Davis 86 – adjacent to Harpers Corner – annexed 86 acres as REMU Zoning. That means 100% of the acres requested to be annexed from Hidden Valley to Davis were annexed at REMU. Only 56.18 acres remain in that entire area. The Commission’s vote to approve REMU on 199.92 acres further set precedent for the character of the district. 504 Also, please refer to the 23127 Staff Report for the Harper’s Corner Annexation and ZMA, page 29, specifically: H. Character of the district. The city has clearly defined its stance on the Character of the District. The city has clearly led the discussion on the Character of this District through several means: 1) the communication with the applicant over the course of two years, 2) the public documents on Bozeman’s growth strategy, 3) the recommendation in the Staff report, 4) the update to the wastewater Master Plan, 5) the deployment of tax-funded capital for the high-density sewer investments on Valley Center Road, 6) the forthcoming road connectivity goals (Hidden Valley Standard Collector Street, Catamount Minor Arterial, Ferguson Standard Collector), and 6) the approval to annex the neighboring 199.92 acres as REMU. The Character of the District is clear in the actions and communication of the city itself as well its commissioners. We are following the city’s lead. We feel that state law is clear that the character of the district is not just to look to the past but also the present. Otherwise only John Bozeman’s home would remain. We believe there is a balance to future development, and that is why we are not requesting REMU or R5, but rather R4. State law, coupled with the city’s own interpretations, plans and actions, clearly indicate that R4 fits the Character of the District. Conclusion This narrative serves as an attempt to ground each of us in a shared understanding; to be transparent and empathetic. We want to be helpful and find the right path forward. We want to do this with our neighbors and without protest. We believe in listening, learning, and building trust. We have “met with the neighbors” and five out of the ten have indicated they will not protest. We feel, strongly, that the project meets the “Character of the Neighborhood.” We believe in the Preliminary Plat process where we can unite the interests of both the neighbors and of the city to build something that will make Bozeman proud. 505 Appendix A: Harpers Corner Preliminary Annexation Statement Letter to Watts Lane Neighbors February 29th, 2024 Full Site Zone: R4 Your willingness to work together is acknowledged and welcomed. Thank you. Our intent is to have cottages and townhomes near to Hidden Valley and only increase in density and height, as is needed to protect us against the civil cost to develop the property. I know you appreciate our situation. Our intent is to have the first third of the property (West to East) be Narrow Single Family, cottages and townhomes. Then, we will taper into density as needed to match the zoning at our Eastern border. As discussed, we will not be changing our Zoning application for reasons you appreciate, though you may not agree with. Our ‘intent’ does not go with the property, which we appreciate does not appease you. Therefore, to strike a middle ground, we will work with the City to provide a document that outlines setbacks from 1) Hidden Valley, 2) the creek, as well as 3) the height restrictions on all building structures with a rear, front or side setback to Hidden Valley. This document will continue with the property. My hope is that we will reach an agreement within a week. Setbacks Background: The absolute nearest a structure could begin is 65 feet off the center of Hidden Valley Road and in the south corner closer to 100 feet. This is based on 1) dedicated 45-foot wide Hidden Valley Road right-of-way, 2) 20-foot-wide minimum rear yard setback and 3) 50- foot minimum watercourse setback. With landscape requirements, vision triangles at each access point, and city required parkland/open space, a naturally wider buffer is absolutely likely. 506 Also, notable is that driveway to homes will come from internal roads, not individual driveways from Hidden Valley. Note, it is not as easy as just saying we will move the buffer zone back fifty feet because fifty feet along the 500 yards of Hidden Valley will eat up a buildable acre. We’d want assurances from the city that those acres can meet the Open Space requirements. Plan: Our desired goal is a minimum 100-foot setback from the centerline before the first building vertical structure. We will get this in writing with assurances that the city will allow our setbacks to count as Open Space. Creek Protection Background: Per Bozeman Code Section 38.410.100, the watercourse setback is 50 feet on each side of the stream that is adjacent to the SW corner of your property. The setback also must include any connected wetlands, so the setback could potentially get wider. The language and highlighted sections are below. • “Other watercourses. A minimum 50-foot setback must be provided along both sides of all other watercourses.” • “(d) The setback must include connected wetlands. The buffer width must be extended by a minimum of 50 feet beyond the perimeter of the connected wetlands.” What is not included in the setbacks is the introduction of Catamount extension or walking trails etc. This will increase the buffer. Please look at our subdivision Creekside Meadows on Baxter (east of Journey Church) that illustrates how we included some trees and a berm. Plan: Our desired goal is a minimum 100-foot setback from property line before the first building vertical structure. We will get this in writing with assurances that the city will allow our setbacks to count as Open Space. Height Restrictions Background: According to Bozeman Code of Ordinances 38.320.020.E the maximum building height (feet) for R4 is 40 feet with a less than 3:12 roof pitch and 50 feet with a 3:12 or greater roof pitch. For R2, the code indicates a height of 30 feet with a less than 3:12 roof pitch and 40 feet with a 3:12 or greater roof pitch. Plan: Our desired goal is to adhere to the R2 height restrictions on all building structures with a rear, front or side setback to Hidden Valley. We will get this in writing with assurances and it will ‘live with the property’ regardless of who owns it. 507 Next Steps I will work with the City to draft a document that includes 1) clear minimum setbacks from Hidden Valley, 2) clear minimum setbacks from the creek, and 3) height restrictions on all building structures with a rear, front or side setback to Hidden Valley. We’d also try to gain assurances from the City that if we include more setbacks – which is our mutual goal - that those setbacks can be used to meet our open space obligations for the rest of the property. This will be completed during the Preliminary Plat stage, but there will be an agreement already in place. We fully intend to increase the buffer as it will be advantageous to both parties – we would just like to get City assurance. Once the neighbors agree to the spirit of what we will include in writing, I will take this to the City to create a formal Annexation Agreement. You will then have a chance to review for accuracy. The full expectation is that if we go down this route, each of you will not protest. The agreed upon document will be in writing in our next submission and attached to the property going forward. We plan to begin to move our application ahead on March 7th. I’d like to know before March 4th if you plan to protest with these proposed changes. You will have the proposed written document for review prior to the public notification and you will have a week to confirm. If you decide to protest, we will proceed as planned without the written assurances. My expectation is that we will resubmit by March 22nd and go before the Committee in late April. Thank you again. Jon Knokey 508 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Chuck Winn, Interim City Manager SUBJECT:Appointment to the Police Commission MEETING DATE:May 7, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to appoint one member with a term expiring April 30, 2026 to the Police Commission. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Police Commission currently has one position with an expired term as of April 30, 2024. We have received one application. The Police Commission is created under Section 7-32-4151, Montana Code Annotated. The three-member board is appointed by the City Manager, with the concurrence of the City Commission, and is comprised of those who are “residents of such city or town who shall have the qualifications required by law to hold a municipal office therein." Members are appointed to staggered three-year terms. Under Section 7-32- 4152, M.C.A., one member must be appointed annually at the first regular meeting of the City Commission in May. Section 7-32-4154, MCA describes the role of police commission in examination of applicants for police force; and, Section 7-32-4155, MCA describes the role of police commission in hearing and deciding appeals brought by police officers. The Police Commission conducts hearings and decides on appeals brought by any member of the Police Department who has been disciplined, suspended, removed, or discharged. This board currently has one available position. The City Clerk’s Office has received one qualifying application, with their relevant qualifications indicated below. 509 1. One position with a term ending April 30, 2027 | Qualifies G. Larson Applicant: Gary Larson There is no City Commission Liaison for this board. Police Commission appointments are City Manager appointments with the concurrence of the City Commission. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 04-02-24 - CAB Applications - Gary Larson.pdf Report compiled on: April 22, 2024 510 Apply for a City Board WELCOME Thank you for your interest in joining a City Board.The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply.As set forth in Resolution 5393,the City is committed to building Boards that advance the City's goals of increasing diversity, equity,and inclusion. Because of this goal,the City is actively working to achieve membership that reflects, at the least,the demographics of our community.Women, minorities,individuals with disabilities,veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information.All required fields are marked with a red asterisk*. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency(Bozeman Municipal Code, Section 2_oo3.4..9 C.).Additional standards of conduct and norms are included in Resolution 53?3.• Applicant Information 511 Full Name Gary Larson Residential Address 405 Mineral Avenue Bozeman Montana 59718 Primary Phone 4o6) 624-6o5o Current Occupation Retired Employer Retired Police Chief-Hot Springs-Madison, South Dakota-Rapid City Police Officer Email shootingstaF704@gmail.com Which position are you applying for? Police Commission Do you live in City Limits? (Some positions do require You live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? i i years or more Have you ever served on a City or County Board or Commission? Yes 512 Where,how long, and what Board? Black Hills Federal Credit Union - 18 years- Chairman of the Board-2 times-Minneluzahan Senior Center- 2 years Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. An attached resume will be hand delivered to the City at 121 N. Rouse along with this application. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEL Indian/White Relations Committee-4 years Hot Springs Police Dept, South Dakota-hired ist female officer she then became a detective. Created over 20 Neighborhood Watch Programs throughout Rapid City Created safety zones around schools Created Adopt-A-Cop program for grade schools prior to any liaison programs Part of the Back Porch-Suicide Prevention Community Program in Rapid City References Please provide name,phone, and e-mail contact information for two references. Reference #i Full Name Gene Murray Phone 4o6) 587-7797 Email gmurray@bresnan.net 513 Reference #2 Full Name Rick Gale Phone 406) 600-0033 Email rickngale@gmail.com The Bozeman City Charter,voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Next Door Is there any other information that you feel we need to know? Initiated&developed individual collector cards for the Police Officers Initiated&developed Business Hold Up Programs for businesses Initiated&developed a Citizens Police Academy If you have a disability that requires assistance or need accommodations,please contact our ADA Coordinator,Mike Gray, at-4.06.5B2.3g 2('I'DD_43 6.5B2. 3ol).Q_ --9 — Please note that for most City Boards, materials are distributed electronically foreach meeting. Your application and(111 information submitted is considered a public record.All applications are included in the City Commissions Meeting materials for consideration which are electronically archived and available to the public. Cancel Submit 514 Gary L. Larson 405 Mineral Avenue Bozeman, Montana 59718 Graduated from Central High School - Rapid City - 1966 Baseball scholarship - Chadron State College 1966 - 1969 a US Navy - 1969- 1973 - US Navy Seabees - USN MCB #4 - Port Huneme, California - Deployed - Japan-lwakuni-Rota Spain- Great Lakes - Rank - PN3 - Honorable Discharge 9 RCPD 1973 - 1978 - Firearms instructor & State SWAT Member - RCPD Reserve Officer/Pennington County Sheriff's Office Reserve (helped create Pennington County Sheriff's Department Reserve program) 1977 - 1982 - Owner-Appliance Store f 1983 - 1984 - Lead South Dakota - Police Officers - started School Liaison program a 1984-1986 - Police Chief in Hot Springs, South Dakota - School Liaison 187 - 1990 - Police Chief in Madison, South Dakota - Created Youth Cadet Program 1990 - 2001 - Rapid City Police Department - Community Service Officer - developed McGruff program for Rapid City Schools. Assisted creation of Western VoTech law enforcement course and instructor. SWAT Member and Hostage Negotiator- Call out to Stevens High Hostage Event with barricaded student with firearms - Wall, South Dakota Hostage Event- Holiday Inn - Hostage Negotiator. Numerous call outs. Created responsible alcohol service program for western South Dakota Retired in 2001 2002 - 2003 - Law Enforcement Security for Central High School- Rapid City 2004 - Rapid City Alternative High School - Computer lab coordinator & Lunch room coordinator 2004 - 2009 - Called back from Rapid City Police Dept - assigned to the Rapid City Regional Airport Security working with TSA Graduated from the Bozeman Police Citizens Academy Bozeman Elks Lodge President 2016 - 2017; 2019-2020 - Elks Member for 47 years - Current Officer- Esteemed Loyal Knight Married - 20 years to Susie Larson - Children -Wendy - Police Officer/Dallas, Jodi - MR1 Tech - Sioux Falls - Christina - Nurse - Dallas - Katie - Occ/Med - Rapid City Enjoy skiing, softball, baseball 515 COP COLLECTIBLES i; s" 4 ppiROIN4N i Sergeant/Crime Prevention duly GARY LARSON 1993 FOURTH EDITION 1996 R P A 0 P- L 0 C C E T SERGEANT GARY LARSON WITHYSTUDENTSATHORACEMANN 516 517 FIRST Amendment to Professional Architectural Services Agreement for Architectural Services – City Hall Renovation FY 2024 – FY 2026 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Architectural Services – City Hall Renovation dated October 24, 2023 (the “Agreement”) is made and entered into this _____ day of ____________, 2024, 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 A&E Design, 515 W Aspen St., Bozeman, MT 59715, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Scope of Work: Section 3 of the Agreement is amended to expand the project’s scope to include full design and construction administration services as attached hereto as Exhibit A. 2. Payment: Section 4 of the Agreement is amended to include costs associated with expansion of project scope as attached hereto as Exhibit A. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** DocuSign Envelope ID: D62F22A1-4406-4A00-A75E-705901D48AC3 27th February 122518 FIRST Amendment to Professional Architectural Services Agreement for Architectural Services – City Hall Renovation FY 2024 – FY 2026 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA A&E DESIGN By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: D62F22A1-4406-4A00-A75E-705901D48AC3 Brad Doll Principal | Architect XXXXXXXXXXXXXXXXXXXXXXXXXXXX Chuck Winn, Acting City Manager 123519 EXHIBIT A DocuSign Envelope ID: D62F22A1-4406-4A00-A75E-705901D48AC3 124520 Our Proposal 1 A&E Design 515 West Aspen Street Bozeman, MT 59715 ae.design February 9, 2024 Max Ziegler Facilities Project Coordinator 20 East Olive Street Bozeman, MT 59715 Via email: wziegler@bozeman.net RE: Bozeman City Hall SD - CA Dear Max, Thank you again for the opportunity to collaborate with you on the Bozeman City Hall Renovation. This proposal outlines our team’s process for the next steps of this project, taking what we developed during the Need Assessment and moving into a constructable vision! Scope: We propose the following scope breakdown: Schematic Design – What It Looks Like This phase is all about collaboration. We’ll meet with you to identify your project goals and overall vision. Based on your thoughts and ideas, we’ll prepare drawings and other documents to illustrate the scale and relationship of each project component. Deliverables These documents include: • Conceptual Floor Plans – General Lay Out, Spatial Arrangements, Functional Adjacencies Cost Estimate We’ll develop a Statement of Probable Construction Cost to guide the construction process. Design Development – Perfecting the Plan During this phase, we’ll continue to further refine the design to ensure your project goals are successfully reflected in the design solution. DocuSign Envelope ID: D62F22A1-4406-4A00-A75E-705901D48AC3 125521 Our Proposal 2 Our team will provide you with samples or “cut sheets” of proposed materials and products for your approval. We’ll incorporate your feedback and make revisions relating to building structure and appearance, building systems, construction materials and finishes, and other essentials. Deliverables These documents include: • Design Drawings • Renderings of Interior Views Construction Documents – How It All Goes Together This phase is dedicated to the details. We’ll create working drawings and schedules that describe in technical detail the construction contract work required to meet your project goals. This includes materials, equipment, workmanship, and allowances needed for architectural, structural , mechanical, and electrical work. Any changes to the schematic design documents will be made only with your approval, and any modifications to the estimated construction cost will be mutually understood by everyone involved. If you request any major revisions to the construction documents that deviate from the approved schematic design, additional costs will be required to make modifications at this stage. Deliverables These documents include: • Final Floor Plans with MEP Details • Final Interior Elevations and Details • Final Schedules with Details • Determination of allowances for FF&E Final Cost Estimate Our team will review and update our initial Cost Estimate to reflect the final design and actual quantities and assemblies cost, and where necessary, actual cost input from contractors or suppliers. Bidding and Negotiation – Arriving at a Price Our team will oversee the bidding process and prepare necessary information, including contracts covering responsibilities during construction. We’ll also advise you regarding the qualifications of prospective contractors and assist in awarding a construction contract. Construction Administration – Building It Our team provides in-house CA services, reducing the opportunity for errors and miscommunication to protect both your budget and schedule. DocuSign Envelope ID: D62F22A1-4406-4A00-A75E-705901D48AC3 126522 Our Proposal 3 We provide consistency between the design team, contractor, and owner to protect the design intent and quality of construction. From schedule management to analysis and coordination of specific materials and equipment, we’ll ensure all project requirements are met. The Following Services Can Be Provided: • Request for Information (RFI) – Provide Clarification / Resolve Conflict • Changes in the Work – Manage Modifications with your Approval • Submittal Review – Review Product Data, Shop Drawings, and Samples • Progress Meeting – Onsite Meetings with Contractor • Request for Payment – Receive, Process, and Forward Payments • Substantial Completion Inspection – Distribute Punchlist to Contractor • Final Inspection – Confirm Completion of Punchlist • Project Closeout – Assist in Closeout Procedures Attached to this proposal is a copy of our General Terms and Conditions, which are fully incorporated herein through this reference. Please review our terms and conditions thoroughly, as they represent the guidelines governing our relationship throughout the course of your project, and will be binding upon acceptance of this proposal. Please note, this proposal will be deemed accepted upon any of the following conditions occurring: (1) execution of this proposal by you or your designated representative; (2) written authorization to commence the services identified herein (e.g. text, email, etc.); (3) acceptance of work product produced under this proposal; or (4) payment to A&E of any kind in relation to this proposal. If you approve of this proposal, we will provide a contract specifying the design fee and scope of work agreed to for your project. Said contract, along with this proposal and its General Terms and Conditions, is intended to eliminate potential “surprises” throughout the project and creates a mutual understanding of the expectations for your project. Any/all subsequent contract between us is hereby incorporated and made part of this proposal. In the event of any conflict between this proposal and its General Terms and Conditions, and any subsequent agreement(s), the provisions of this proposal and its General Terms and Conditions shall take precedence. If you have any questions about what you’ve read in this proposal, don’t hesitate to reach out for further discussion. We are excited to help make your ideas into reality. Thank you for this opportunity! Sincerely, Emma Survis AIA Project Manager DocuSign Envelope ID: D62F22A1-4406-4A00-A75E-705901D48AC3 127523 Exhibit A Project Name Design Services Proposal Location 2/9/2025 Design Services Team Programming Schematic Design Design Development Construction Documents Bidding & Negotiation Construction Administration Total Remarks Basic Services Architecture 25,000$ 28,000$ 37,000$ 3,000$ 30,500$ 123,500$ Mechanical | Electrical 6,800$ 5,440$ 8,840$ 500$ 5,100$ 26,680$ Structural 5,000$ 9,000$ 12,000$ 2,000$ 4,500$ 32,500$ Subtotal:36,800$ 42,440$ 57,840$ 5,500$ 40,100$ 182,680$ Additional Services & Reimbursable Expenses Architectural interior design -$ 2,500$ 5,000$ 7,500$ -$ -$ 15,000$ Detailed Cost Estimating -$ -$ -$ -$ -$ -$ -$ Simplified Cost Estimating Included Telecommunications/data design -$ -$ -$ -$ -$ -$ -$ Expected to be coordinated with Owner Furniture, furnishings, and equipment design -$ -$ -$ -$ -$ -$ -$ Not Included at this time Other services provided by specialty consultants -$ -$ -$ -$ -$ -$ -$ Acoustical Engineering -$ -$ -$ -$ -$ -$ -$ Not Included at this time. Fire Sprinkler Design -$ -$ -$ -$ -$ -$ -$ Performance Specification Included Other supplemental services -$ -$ -$ -$ -$ -$ -$ Signage / Environ. Graphic Design -$ -$ -$ -$ -$ -$ -$ Not Included. ADA signage included. Artists Renderings -$ -$ -$ -$ -$ -$ -$ Not Included. Warranty 1-Year Walk Through -$ -$ -$ -$ -$ -$ -$ Consultant -$ -$ -$ -$ -$ -$ -$ Not included. A&E -$ -$ -$ -$ -$ -$ -$ Not included. Subtotal Additional Services:$15,000 Reimbursable Expenses (Printing & Travel)$750 Total Project Cost (Basic Services, Additional Services, and Reimbursables):$198,430 Project Phase DocuSign Envelope ID: D62F22A1-4406-4A00-A75E-705901D48AC3 128524