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06-11-24 City Commission Agenda and Packet Materials
A. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda D. FYI E. Commission Disclosures F. Approval of Minutes F.1 Approve the Regular Meeting Minutes from: 05-14-24 Commission Meeting (Maas) G. Consent G.1 Accounts Payable Claims Review and Approval (Armstrong) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, June 11, 2024 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to comments@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact the City Clerks' Office at 406.582.2320. This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 933 7244 1920 Consider the Motion: I move to approve the City Commission minutes as submitted . 1 G.2 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(Maas) G.3 Approve the Saccoccia Minor Subdivision Final Plat and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman; Application No. 23216; Quasi-Judicial(Montana) G.4 Authorize the Interim City Manager to Sign a PSA with Affion Public for Executive Recruitment Services(Tozer) G.5 Authorize the City Manager to Sign a Professional Services Agreement with Mimir Water LLC. for Commercial Water Audit Training and Program Development(Ahlstrom) G.6 Authorize the City Manager to Sign an Amendment 1 of the Gallatin Valley Metropolitan Planning Organization Cooperative Agreement(Ross) H. Public Comment I. Action Items I.1 2025 Biennium Detailed Budget Presentation with Questions and Answers (Hodnett) I.2 Ordinance 2157 Provisional Adoption Generally Revising BMC Article 2, and Adopting Reasonable Time, Place, and Manner Requirements for Public Participation and Decorum during City Commission and Board Meetings(Sullivan) J. Work Session J.1 Urban Renewal District Work Session(Fine) K. FYI / Discussion L. 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. Adopt the Ordinance as submitted. City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our Acting ADA Coordinator, Max Ziegler, at 406.582.2439 (TDD 406.582.2301). Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 2 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: 05-14-24 Commission Meeting MEETING DATE:June 11, 2024 AGENDA ITEM TYPE:Minutes RECOMMENDATION:Consider the Motion: I move to approve the City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerks' Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment In addition to the City Commission, many City Boards utilize the system as well. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. Users are always welcome to contact the City Clerks' Office at 406.582.2320 or email BozemanClerksDepartment@bozeman.net for assistance. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None 3 Attachments: 05-14-24 City Commission Meeting Minutes.pdf Report compiled on: March 11, 2024 4 Bozeman City Commission Meeting Minutes, May 14, 2024 Page 1 of 12 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES May 14, 2024 Present: Terry Cunningham, Joey Morrison, Jennifer Madgic Absent: None Excused: Douglas Fischer Staff at the Dias: Interim City Manager (ICM) Chuck Winn, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A) 00:26:20 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:27:41 Pledge of Allegiance and a Moment of Silence C) 00:28:32 Changes to the Agenda D) 00:29:10 Authorize Absence D.1 Authorize the Absence of Commissioner Douglas Fischer 00:29:10 Motion to Authorize the Absence of Commissioner Douglas Fischer Joey Morrison: Motion Jennifer Madgic: 2nd 00:29:21 Vote on the Motion to Authorize the Absence of Commissioner Douglas Fischer The Motion carried 3 - 0. 5 Bozeman City Commission Meeting Minutes, May 14, 2024 Page 2 of 12 Approve: Terry Cunningham Joey Morrison Jennifer Madgic Disapprove: None E) Public Service Announcements F) 00:29:45 FYI • Commissioner Madgic announced that May is National Historic Preservation Month - go to engage Bozeman website to see what is happening. • Mayor Cunningham and County Commissioner Zach Brown presented the case for the inclusion of the Hidden Creek Project to State Board of Housing. • ICM Winn shared that during the removal of a Cottonwood Tree the Forestry Dept. discovered a racoon family living in it. The Forestry crew left part of the tree standing until the racoons find another home. Our Composting Collection Program has begun, find all details on Bozeman Solid Waste.com G) 00:32:58 Commission Disclosures There were no Commission Disclosures. H) 00:33:08 Consent H.1 Accounts Payable Claims Review and Approval H.2 Approve and authorize the Mayor to sign the Finding of Facts and Order for the Urban Farm Phase 2 Preliminary Plat Application with a Subdivision Variance to Section 38.400.010 BMC, Application 23039 (Quasi-Judicial) 23039 CC Findings of Fact FOF.pdf H.3 Authorize the City Manager to Sign a Revised Interlocal Agreement Between the City of Bozeman, the City of Missoula, and Missoula County to Inform the Development of a Green Tariff Revised Interlocal Agreement Green Tariff_2024-05-14.pdf H.4 Authorize City Manager to Sign a Construction Agreement with Blanton Contracting LLC for Professional Building Elevator Machine Room Modernization 6 Bozeman City Commission Meeting Minutes, May 14, 2024 Page 3 of 12 Construction Agreement - Blanton Contracting - Pro Elevator Machine Room Modernization - Compiled.pdf H.5 Authorize the City Manager to Sign Professional Services Agreement with Greenspace Landscaping, Inc. for Downtown Tree Replacements PSA_Tree Project_Greenspace2024.pdf Est_3299_from_Greenspace_Landscaping_Inc._13420.pdf H.6 Authorize the City Manager to Sign a Professional Services Agreement with Gradient Landscapes LLC. for the Installation of a Drought Tolerant Demonstration Garden at the Stiff Professional Building PSA_Gradient Landscapes_Stiff Pro Building Demo Garden.pdf Exhibit A_Stiff Professional Building Demo Garden_FINAL.pdf H.7 Authorize the City Manager to sign Amendment 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, LLC for Engineering Services to Design the Phase I Rehabilitation Improvements to the City's Sourdough Water Storage Tank PSA Amendment 1_Sourdough Tank Ph 1 Rehab_AE2S.pdf H.8 Authorize the City Manager to Sign an Amendment 2 to the Professional Services Agreement with Morrison Maierle for the Engineering Design Standards Update for Downtown Design Standards PSA Amendment Downtown Design Standards DURD.pdf Exhibit A Downtown Design Standards Scope of Services.pdf 20- Professional Services Agreement - Morrison-Maierle for Design Standard Update.pdf H.9 Authorize the City Manager to Sign a Task Order DTN24-002 with Sanderson Stewart for Preliminary Engineering and Architectural Plans for I-Ho Peace Park URD Task Order Form - I-Ho Peace Park (003).pdf H.10 Resolution 5586 Adopting the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual Resolution 5586_Landscape and Irrigation Performance and Design Standards Manual_FINAL.pdf H.11 Ordinance 2155 Final Adoption to Revise Chapter 38 and 40 of the Bozeman Municipal Code to Include Required Water Efficient Landscape and Irrigation Performance and Design Standards Ordinance 2155_Water Efficient Landscape Ordinance_FINAL.pdf City Manager Introduction 00:33:32 ICM Winn presented the Consent Agenda highlights 7 Bozeman City Commission Meeting Minutes, May 14, 2024 Page 4 of 12 00:35:48 Public Comment on Consent Agenda There were no public comments on the Consent Agenda. 00:36:26 Motion to approve Consent Items 1-11. Jennifer Madgic: Motion Joey Morrison: 2nd 00:36:35 Vote on the Motion to approve Consider the Motion: I move to approve Consent Items 1-11. The Motion carried 3 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Disapprove: None I) 00:36:53 Public Comment 00:38:11 Keldon Joyner commented in support of Bozeman's Queer Community 00:40:57 Cree Gullings commented in support of Bozeman's Queer Community 00:43:45 Jason Badey commented in support of Bozeman's Queer Community. 00:46:21 Tierney Hoola commented in support of Bozeman's Queer Community. 00:49:10 Maris Fessenden commented in support of Bozeman's Queer Community. 00:52:47 John Kaiser commented in opposition to 811 W. Mendenhall. 00:56:11 Kris Delaney commented in support of Bozeman's Queer Community. 00:57:26 Emily Allison representing Bridger Care, commented in support of Bozeman's Queer Community. 8 Bozeman City Commission Meeting Minutes, May 14, 2024 Page 5 of 12 00:59:25 Lauren Lederman commented in support of Bozeman's Queer Community. 01:00:30 Guy Santiglia spoke in opposition to Urban Camping. 01:03:02 Ryan Green, commented in support of Bozeman's Queer Community. J) 01:04:49 Action Items ICM Winn introduced Action Items Staff Presentation 01:05:12 David Fine Economic Development Program Manager presented Tax Increment Financing, What TIF is Not, How Tax Increment Funds can be Spent, 01:14:42 Questions of Staff J.1 Downtown Business Improvement District Fiscal Year (FY) 2025 Work Plan and Budget, FY24 Annual Report FY2025 BID Work Plan and Budget.pdf FY2024 BID Annual Report.pdf Staff Presentation 02:23:50 Economic Development Director (EDD) Emily Cope presented Downtown Business Improvement (BID) Work Plan and Budget, Downtown BID History, Downtown BID Assessment, and Downtown BID Programs. 02:28:08 Questions of Staff 02:34:06 Public Comment on Downtown Business Improvement Work Plan and Budget. 02:34:29 Allison Sweeney commented on the Downtown Bozeman Safety Plan. 02:35:51 Motion to approve to approve the Downtown Business Improvement District Fiscal Year 2025 Work Plan and Budget. Jennifer Madgic: Motion Joey Morrison: 2nd 9 Bozeman City Commission Meeting Minutes, May 14, 2024 Page 6 of 12 02:36:24 Discussion 02:40:45 Vote on the Motion to approve Consider the Motion: I move to approve to approve the Downtown Business Improvement District Fiscal Year 2025 Work Plan and Budget. The Motion carried 3 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Disapprove: None J.2 Downtown Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget FY2025 URD Work Plan-Budget_CC_wBudget.pdf Staff Presentation 02:41:09 Downtown Bozeman Partnership Director Ellie Staley presented the Downtown Urban Renewal District Budget and Work Plan and Budget, Downtown Urban Renewal District, Downtown URD Mission, downtown URD Funding/Revenue/Cash, Downtown Urd Operational Support, Notable DURD Infrastructure Projects, Current DURD Grant Programs. 02:49:01 Questions of Staff 02:52:49 Public Comment on Downtown Urban Renewal District Budget and Workplan. There was no Public Comment on Action Item J. 2. 02:53:07 Motion to approve Consider the Motion: I move to approve to approve the Downtown Urban Renewal District Fiscal Year 2025 Work Plan and Budget and estimated Fiscal Year 2026 Budget. Joey Morrison: Motion Jennifer Madgic: 2nd 10 Bozeman City Commission Meeting Minutes, May 14, 2024 Page 7 of 12 02:53:22 Discussion 02:58:47 Vote on the Motion to approve the Downtown Urban Renewal District Fiscal Year 2025 Work Plan and Budget and estimated Fiscal Year 2026 Budget. The Motion carried 3 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Disapprove: None J.3 Midtown Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget? Midtown 2025 Biennium Budget.pdf Fiscal Year 2025 Midtown Work Plan and Budget and Annual Report 041624 jd.docx Staff Presentation 01:21:04 Economic Development Manager (EDM) David Fine presented the Midtown Urban Renewal District Work Plan and Budget. 2017 Midtown Action Plan, Midtown Projects and Appropriations 01:30:40 Questions of Staff Public Comment on Midtown Urban Renewal District Work Plan and Budget. There was no Public Comment on Action Item J. 3. 01:48:54 Motion to approve the Midtown Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget as submitted. Jennifer Madgic: Motion Joey Morrison: 2nd 11 Bozeman City Commission Meeting Minutes, May 14, 2024 Page 8 of 12 01:49:05 Discussion 01:53:21 Vote on the Motion to approve Consider the Motion: I move to approve the Midtown Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget as submitted. The Motion carried 3 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Disapprove: None J.4 Northeast Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget Northeast URD 2025 Biennium Budget.pdf FY25 NURB Work Plan 041624 FINAL.doc Staff Presentation 01:53:47 EDPM David Fine presented the Northeast Urban Renewal District Work Plan and Budget. 2005 Northeast Urban Renewal Plan, Northeast Projects and Appropriations, 01:56:41 Questions of Staff 02:06:06 Public Comment on Northeast Urban Renewal District Work Plan and Budget. There was no Public Comment on Action Item J.4. 02:06:29 Motion to approve the Northeast Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget. Jennifer Madgic: Motion Joey Morrison: 2nd 02:06:55 Discussion 12 Bozeman City Commission Meeting Minutes, May 14, 2024 Page 9 of 12 02:07:18 Vote on the Motion to approve Consider the Motion: I move to approve the Northeast Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget. The Motion carried 3 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Disapprove: None J.5 Pole Yard Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget Pole Yard URD 2025 Biennium Budget.pdf Pole Yard URD FY 25 - 26 Work Plan and Budget FINAL 20240506.docx Staff Presentation 02:07:47 EDPM David Fine presented Pole Yard Urban Renewal District Work Plan and Budget. Pole Yard Projects and Appropriations. 02:08:58 Questions of Staff 02:09:10 Public Comment There was no Public Comment on Action Item J. 5. 02:09:30 Motion to approve the Pole Yard Urban Renewal District Fiscal Year 2025 Work Plan and Budget Joey Morrison: Motion Jennifer Madgic: 2nd 02:09:39 Discussion 02:09:49 Vote on the Motion to approve Consider the Motion: I move to approve the Pole Yard Urban Renewal District Fiscal Year 2025 Work Plan and Budget The Motion carried 3 - 0. 13 Bozeman City Commission Meeting Minutes, May 14, 2024 Page 10 of 12 Approve: Terry Cunningham Joey Morrison Jennifer Madgic Disapprove: None J.6 North Park Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget North Park 2025 Biennium Budget.pdf NP URD Work Plan and Budget FY 25 - FY 26 FINAL 20240506.docx Staff Presentation 02:10:02 EDPM David Fine presented North Park Urban Renewal District Work Plan and Budget, 2017 North Park Urban Renewal Plan. 02:11:32 Questions of Staff 02:14:19 Public Comment on North Park Urban Renewal District Work Plan and Budget. There was no Public Comment on Action Item J. 6. 02:14:38 Motion to approve the North Park Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget. Jennifer Madgic: Motion Joey Morrison: 2nd 02:15:01 Discussion 02:15:11 Vote on the Motion to approve Consider the Motion: I move to approve the North Park Urban Renewal District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget. The Motion carried 3 - 0. Approve: 14 Bozeman City Commission Meeting Minutes, May 14, 2024 Page 11 of 12 Terry Cunningham Joey Morrison Jennifer Madgic Disapprove: None J.7 South Bozeman Technology District 2025 Biennium Budget and Fiscal Year 2025 Work Plan and Budget SBTD 2025 Biennium Budget.pdf SBTD Work Plan and Budget FY 2025 - 2026 FINAL 20240506.docx Staff Presentation 02:15:25 EDPM David Fine presented South Bozeman Technology District Work Plan and Budget, 2012 South Bozeman Technology District Plan, 02:17:18 Questions of Staff 02:18:35 Public Comment on South Bozeman Technology District Budget and Work Plan There was no Public Comment on Action Item J. 7. 02:19:00 Motion to approve the South Bozeman Technology District Biennium Budget and Fiscal Year 2025 Work Plan and Budget. Joey Morrison: Motion Jennifer Madgic: 2nd 02:19:07 Discussion 02:22:45 Vote on the Motion to approve Consider the Motion: I move to approve the South Bozeman Technology District Biennium Budget and Fiscal Year 2025 Work Plan and Budget. The Motion carried 3 - 0. Approve: Terry Cunningham Joey Morrison 15 Bozeman City Commission Meeting Minutes, May 14, 2024 Page 12 of 12 Jennifer Madgic Disapprove: None K) 02:59:04 FYI / Discussion DM Morrison suggested action in regard to the recent bomb threats to show support for the Queer Community. Mayor Cunningham agreed that a City Statement in support is called for. Commissioner Madgic echoed comments in agreement. L) 03:03:36 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: June 11, 2024 16 Memorandum REPORT TO:City Commission FROM:Nicole Armstrong, Accounts Payable Clerk Rhonda Edwards, Accounts Payable Clerk Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:June 11, 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 June 12th, 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: February 5, 2024 17 Memorandum REPORT TO:City Commission FROM:Mike Maas, City Clerk SUBJECT: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 MEETING DATE:June 11, 2024 AGENDA ITEM TYPE:Administration RECOMMENDATION:Authorize the Destruction of Municipal Records as submitted 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:Disposition & Destruction of Public Records By state law (7-5-4124 MCA) All requests to dispose municipal records must be approved by the governing body. Cities and towns may dispose of records that have met their retention requirements provided they are: not subject to a legal or regulatory hold the disposal is carried out in accordance with federal/state/local laws and a retention schedule approved by the LGRC (2-6-1202 MCA,) and/or a court order The attached disposition forms have met the requirements and disposal is authorized by the State of Montana. UNRESOLVED ISSUES:City staff are formalizing a records disposal process and policy and will be presenting a future ordinance for review by the City Commission. ALTERNATIVES:Disallow the destruction of records and require continued storage of the same. FISCAL EFFECTS:None Attachments: RM88-records-destruction - BPL 05292024.pdf RM88 HR Destruction 2020-2023.pdf 18 Report compiled on: May 29, 2024 19 20 RECORDS DESTRUCTION DOCUMENT (RM88) NO. 1 PAGE 1 OF 1 PAGES 1. AGENCY NAME AND DIVISION/PROGRAM: City of Bozeman Human Resources 2. AGENCY CONTACT: NAME: Eilis Redmond PHONE #: 406-582-2930 EMAIL: egehle@bozeman.net 3. NOTICE OF INTENTION: The schedule records listed in Item 5 are to be disposed of in the manner checked below (specify only one). Delete Incinerate Shred as Classified Toss without Restriction Other: Explain 4. SUBMITTED BY: I hereby certify that the records to be disposed of are correctly represented below, that any audit requirements or Offer to the State Historical Society Archives has been fully justified, and that further retention is not required for any litigation pending or imminent. Documentation attached from Historical Society. SIGNATURE: NAME AND TITLE: Eilis Redmond, Senior HR Associate DATE: 05/29/2024 5. LIST OF RECORD SERIES NOTE: Attach any inventories or Excel spreadsheets to this form to help validate records destroyed. a. Retention Schedule Number b. Item number listed on Retention Schedule c. Record Series Title d. Retention in months/years e. Inclusive Dates f. Volume in Cubic Feet g. Disposition Action and Date completed after Authorization 8 HR Federal Records #3 Employee I9 Documents 1 year after term or 3 years after hire 2022 .25 8 HR Federal Records #3 Employee I9 Documents 1 year after term or 3 years after hire 2023 .25 8 18 2020 Requisition for Hiring 1 years after end of fiscal year 2020 2.0 6. DISPOSAL AUTHORIZATION: Disposal for the above listed records is authorized. Any deletions or modifications are indicated. Custodian/Records Manager Name: Date: 7. DISPOSAL CERTIFICATE: The above listed records have been disposed of in the manner and on the date shown in column g. Name and Title: Signature: 21 Signature: 5. LIST OF RECORD SERIES-CONTINUED NOTE: Attach any inventories or Excel spreadsheets to this form to help validate records destroyed. a. Retention Schedule Number b. Item number listed on Retention Schedule c. Record Series Title d. Retention in months/years e. Inclusive Dates f. Volume in Cubic Feet g. Disposition Action and Date completed after Authorization 22 23 Memorandum REPORT TO:City Commission FROM: Susana Montana, Senior Planner, Development Review Division Brian Krueger, Manager, Development Review Division Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT: Approve the Saccoccia Minor Subdivision Final Plat and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman; Application No. 23216; Quasi-Judicial MEETING DATE:June 11, 2024 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: Approve the Saccoccia Minor Final Plat, a Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407, and authorize the Director of Transportation and Engineering to execute the same on behalf of the City of Bozeman; Application No. 23216. 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 Saccoccia Minor Subdivision Final Plat would divide the 5.53 acre Lot 2A into two lots: Lots 2A1 and 2A2. The new Lot 2A1 would accommodate a new hotel currently under construction. A portion of Lot 2A not used by the hotel development would be split off as Lot 2A2 for a separate commercial development. The land is zoned B-2, Community Business and lies within the Saccoccia/Lowe’s Planned Unit Development District. The Saccoccia Minor Subdivision Preliminary Plat, Project No. 21430, was 24 approved on February 28, 2023. This Final Plat meets/satisfies all conditions of approval and code provisions of the Preliminary Plat as well as the standards of MCA Sections 76-3-611(1) and 76-3-612 as certified by the City Attorney. UNRESOLVED ISSUES:None ALTERNATIVES:None suggested FISCAL EFFECTS:None identified at this time. New development on the new Lot 2A2 would increase property tax revenue to the City and would increase costs of providing municipal services to the Site. Attachments: Plat Sheet 1.pdf Plat Sheet 2.pdf Plat Sheet 3.pdf Report compiled on: May 15, 2024 25 Xref N:\2927\012 - Minor Sub 407C PreApp\ACAD\Survey\Proposed Water Storm.dwg ©COPYRIGHT MORRISON-MAIERLE, INC.,2024 PLOTTED DATE: Jan/29/2024 PLOTTED BY: matt e. ekstrom DRAWING NAME: N:\2927\012 - Minor Sub 407C PreApp\ACAD\Survey\FINAL PLAT\2927012_PPLAT Page 3.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF COUNTY,DATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY:31SACCOCCIA LANDS LLC GALLATIN 2927.012 1/2024 MEE JCW JCW 5 EAST 2 SOUTH 1NW MONTANA PRINCIPAL MERIDIAN, MONTANAengineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net OWNER PURPOSE LOCATED IN THE NW 1 4 OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA CERTIFICATE OF DEDICATION I, Jon C. Wilkinson, Montana Professional Land Surveyor License No. 16411LS, hereby certify that Lot 2A of Minor Subdivision 407C was surveyed under my supervision between May 2022 and September 2023, and platted the same as shown on the accompanying plat and as described in accordance with the provisions of the Montana Subdivision and Platting Act, §76-3-101 through §76-3-625, M.C.A., and the Bozeman Municipal Code. I further certify that monuments which have not been set by the filing date of this instrument will be set by May 31, 2024, due to public improvements construction pursuant to 24.183.1101(1)(d) A.R.M. Dated this___________day of_________________, 2024. ________________________________________________________ Jon C. Wilkinson, PLS, CFedS MT Reg. #16411LS Morrison-Maierle, Inc. SACCOCCIA LANDS II, LLC By: ________________________________________________________________________________ _____________________, Authorized Representative Dated State of ____________________________________ County of ___________________________________ On this _______ day of __________________, 2024, before me, the undersigned Notary Public for the State of _____________________ personally appeared __________________, known to me to be the Authorized Representative of ___________________ and acknowledged to me that said _____________________ executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ Signature ________________________________________ I, Eric Semerad, Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoing instrument was filed in my office at _______ o'clock, __________(a.m., or p.m.), this _________ day of ______________, 2024, and recorded in Book ______ of Plats on page __________, and Document # ____________________, Records of the Clerk and Recorder, Gallatin County, Montana. Dated this __________ day of ____________________, 2024. ________________________________________ Eric Semerad Clerk and Recorder Gallatin County, Montana CERTIFICATE OF CLERK AND RECORDER I, Maureen Horton, Treasurer of Gallatin County, Montana, do hereby certify that the accompanying plat has been duly examined and that all real property taxes and special assessments assessed and levied on the land to being divided have been paid. Dated this __________ day of ____________________, 2023. ________________________________________ Treasurer Gallatin County, Montana _________________________________________ Tax ID No. _________________________________________ Tax ID No. CERTIFICATE OF COUNTY TREASURER I, _____________, Director of Transportation and Engineering, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law, approve it, and hereby accept the dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use. Dated this __________ day of ____________________, 2024. ________________________________________ Director of Transportation and Engineering City of Bozeman, Montana CERTIFICATE OF DIRECTOR OF TRANSPORTATION AND ENGINEERING We, the undersigned property owners, do hereby certify that we have caused to be surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as shown by the plat hereunto included the following described tract of land to wit: Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407, located in the NW ¼ of Section 1, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. The area of the above described parcel of land is 5.53 acres, more or less. The above-described tract of land is to be known and designated as “Minor Subdivsion No. _____”, City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, and parks or public lands shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public are accepted for public use, but the City of Bozeman accepts no responsibility for maintaining the same. The owner agrees that the City of Bozeman has no obligation to maintain the lands included in all streets, avenues, alleys, and parks or public lands, hereby dedicated to public use. The undersigned hereby grants unto each and every person firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as "Utility Easement" to have and to hold forever. CERTIFICATE OF SURVEYOR All streets, alleys, and right-of-way, shown hereon as "DEDICATED", are not easements. The intent of dedication is to convey all the streets, alleys, and right-of-way to the public, upon acceptance by the governing authority, DEDICATION AND EASEMENT NOTE Lot 2A of Minor Subdivision No. 407C, Gallatin County, Montana, is within the City of Bozeman, Montana, a first class municipality, and with the planning area of the Bozeman growth policy which was adopted pursuant to Section 76-1-601 et seq., MCA, and can be provided with adequate storm water drainage and adequate municipal facilities. Therefore under the provisions of Section 76-4-125(1)(d), MCA, this survey is excluded from the requirement for Montana Department of Environmental Quality review. Dated this ________________________ day of _______________________________, 2024. ________________________________ Director of Transportation and Engineering City of Bozeman, Montana CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW FINAL PLAT of MINOR SUBSEQUENT SUBDIVISION of LOT 2A of the CORRECTED AMENDED PLAT of MINOR SUBDIVISION 407C OF LOTS 1 AND 2 of the SACCOCCIA MINOR SUBDIVISION 407 We, the undersigned mortgagees or encumbrancers do hereby join in and consent to the described plat, releasing our respective liens, claims, or encumbrances as to any portion of said lands now being platted into streets, avenues, parcels or other public areas which are dedicated to Gallatin County for the public use and enjoyment. CONSENT OF MORTGAGEE Dated this _________________________ day of _________________________, 20___. ____________________________________________________________________________ Opportunity Bank of Montana By: __________________________ Authorized Signatory STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) This instrument was acknowledged before me on __________________, 20___, the undersigned Notary Public, personally appeared _____________________, known to me to be Authorized Signatory of Opportunity Bank of Montana who signed the foregoing instrument and acknowledged to me that Opportunity Bank of Montana executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above written. ________________________________[signature] Notary Public for the State of Montana ( S E A L ) ________________________________ [printed name] Residing at:________________, ___________ (City) (State) My commission expires:____________, 20___ I, ___________________, Director of Parks and Recreation, City of Bozeman, Montana, do hereby certify that the park dedication is hereby waived per Section 38.420.020.B.2 of the Bozeman Municipal Code. Dated this __________ day of ____________________, 2024. ________________________________________ Director of Parks and Recreation City of Bozeman, Montana CERTIFICATE OF WAIVER OF PARK DEDICATION 26 S85°50'42"E 398.33'N2°57'04"E 170.79'S85°50'42"E 398.05' N87°00'45"W 398.02'N2°57'04"E 223.34'N87°02'06"W 796.17'S2°57'21"W 377.59'N2°55'47"E 162.68'S2°55'47"W 223.18'R=49.50' L=22.71' Δ=26°17'04" R=49.50' L=18.93' Δ=21°54'50"314.51'310.23'139.45'282.09'59.99'75.02'75.02'30.00' 65.97' 40.01' 378.30' 270.24' 30.00'56.23' 40.01' S85°50'42"E 454.90'30.00'21.59' 60.17' 117.25' 86.62' S87°02'06"E 398.09' 20.00' N2°57'04"E 25.00' S2°55'47"W 25.00' 398.10' 398.07' N87°02'51"W 633.53' S87°02'51"E 633.53' S2°56'45"W 26.38' N2°56'59"E 56.40'N2°57'21"E152.07'S2°57'21"W182.08'30.00' S87°02'17"E 166.91' N87°02'17"W 180.47' N50°3 4'5 9" E 25.8 1' S50°34'59"W 25.82' S87°03'16"E 172.02' N87°03'16"W 158.45'N2°59'15"E86.98'S2°59'15"W77.74'S87°02'39"E 352.73' N87°02'39"W 392.75'87.52'134.75'146.73'31.00'35.00'12.40'12.98'45.01'45.01'45.01'197.83'20' 10' 30' 45' 10' PUE 30' 15' 30' 30' 17.5' 40'10' PUE 10' PUE 31' 30' S85°50'42"E 398.33'N2°57'04"E 170.79'S85°50'42"E 398.05' N87°00'45"W 398.02'N2°57'04"E 223.34'N87°02'06"W 796.17'S2°57'21"W 377.59'N2°55'47"E 162.68'S2°55'47"W 223.18'R=49.50' L=22.71' Δ=26°17'04" R=49.50' L=18.93' Δ=21°54'50"314.51'310.23'139.45'282.09'59.99'75.02'75.02'30.00' 65.97' 40.01' 378.30' 270.24' 30.00'56.23' 40.01' S85°50'42"E 454.90'30.00'21.59' 60.17' 117.25' 86.62' S87°02'06"E 398.09' 20.00' N2°57'04"E 25.00' S2°55'47"W 25.00' 398.10' 398.07' N87°02'51"W 633.53' S87°02'51"E 633.53' S2°56'45"W 26.38' N2°56'59"E 56.40'N2°57'21"E152.07'S2°57'21"W182.08'30.00' S87°02'17"E 166.91' N87°02'17"W 180.47' N50°3 4'5 9" E 25.8 1' S50°34'59"W 25.82' S87°03'16"E 172.02' N87°03'16"W 158.45'N2°59'15"E86.98'S2°59'15"W77.74'S87°02'39"E 352.73' N87°02'39"W 392.75'87.52'134.75'146.73'31.00'35.00'12.40'12.98'45.01'45.01'45.01'197.83'25' 50' 25' 10' PUE 20' 25' ©COPYRIGHT MORRISON-MAIERLE, INC.,2023 PLOTTED DATE: Oct/02/2023 PLOTTED BY: jon c. wilkinson DRAWING NAME: N:\2927\012 - Minor Sub 407C PreApp\ACAD\Survey\FINAL PLAT\2927012_PPLAT Page 3.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF COUNTY,DATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY:32SACCOCCIA LANDS LLC GALLATIN 2927.012 1"=30' 10/2023 MEE JCW JCW 5 EAST 2 SOUTH 1NW MONTANA PRINCIPAL MERIDIAN, MONTANAengineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 30 BAXTER LANE OWNER PURPOSE LEGEND Found a 2" diameter aluminum cap, marked "MMI 10692 ES". Set a rebar 5/8" diam., with a plastic cap, marked "MMI 16411LS". Section corner position falls in manhole lid Found a blue plastic cap, marked "MMI 16971LS" (R1) Minor Subdivision 407CSIMMENTAL WAYSACCO DRIVELOT 2A2 2.04 acres LOT 2A1 3.49 acres LOCATED IN THE NW 1 4 OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA FINAL PLAT of MINOR SUBSEQUENT SUBDIVISION of LOT 2A of the CORRECTED AMENDED PLAT of MINOR SUBDIVISION 407C OF LOTS 1 AND 2 of the SACCOCCIA MINOR SUBDIVISION 407 (R1)(R1)(R1)(R1) (R1) WC WC WC WC Witness Corner (R1)27 Xref N:\2927\012 - Minor Sub 407C PreApp\ACAD\Survey\Proposed Water Storm.dwg ©COPYRIGHT MORRISON-MAIERLE, INC.,2024 PLOTTED DATE: May/15/2024 PLOTTED BY: nick mcmichael DRAWING NAME: N:\2927\012 - Minor Sub 407C PreApp\ACAD\Survey\FINAL PLAT\2927012_PPLAT Page 3.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF COUNTY,DATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY:33SACCOCCIA LANDS LLC GALLATIN 2927.012 1/2024 MEE JCW JCW 5 EAST 2 SOUTH 1NW MONTANA PRINCIPAL MERIDIAN, MONTANAengineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net CONDITIONS OF APPROVAL SHEET FINAL PLAT of MINOR SUBSEQUENT SUBDIVISION of LOT 2A of the CORRECTED AMENDED PLAT of MINOR SUBDIVISION 407C OF LOTS 1 AND 2 of the SACCOCCIA MINOR SUBDIVISION 407 Conditions: Buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat and buyers of property are strongly encouraged to contact the local planning department and become informed of any limitations on the use of the property prior to closing. The undersigned property owner acknowledges that there are federal, state, and local plans, policies, regulations, and/or conditions of subdivision approval that may limit the use of the property, including the location, size, and use. 1.All Lot 2A Easements, Covenants, Conditions and Restrictions (ECCRs) that are previously recorded with the ECCRs as Amended (Documents 2207321, 2207322, 2207846, 2268753) are herewith assigned to Lots 2A1 and 2A2 as successors in title to Lot 2A (Assignment). This Assignment is pro-rata with respect to the proportionate areas of Lots 2A1 and 2A2. In addition to the pro rata maintenance of common areas and easements required by the ECCRs, Lots 2A1 and 2A2 are solely responsible on a pro rata basis for maintenance of the new public easement with pedestrian walkway required by this Subsequent Minor Subdivision. Maintenance includes but is not limited to the operation, cleanup and repair of landscape, irrigation, walkways, driveways, parking areas, lighting, signage, and removal of snow and ice on all walkways, driveways, and parking areas. The operation and maintenance of the new stormwater detention pond forebay required for Lot 2A1 in this Subsequent Minor Subdivision is the sole responsibility of Lot 2A1. Operation and maintenance of the self-contained stormwater detention system required for Lot 2A2 in this Subsequent Minor Subdivision is the sole responsibility of Lot 2A2. 2.Due to the known high groundwater conditions in the area no basements will be permitted with future development of the site. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system or the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. 3.All public stormwater facilities not on property dedicated to the City of Bozeman shall be located within public drainage easements that provide for storm water facility maintenance responsibility by the property owners association. 4.All downstream water user facilities will not be impacted by this subdivision. 5.If water rights or cash-in-lieu of water rights, have not been provided with final plat, then water rights or cash-in-lieu must be provided with any future sketch plan, site plan development or applicable development application. Record Documents: Document No. 2803409 - Corporate Utility Right-of-Way Easement Document No. 2800703 - City of Bozeman Public Access Easement Document No. 2800705- City of Bozeman Public Access Easement Document No. 2800706 - City of Bozeman Public Access Easement Document No. 2518681 - 30' Sewer and Access Easement Document No. 2676778 - 30' Utility and Water And Access Easement Document No. 2505421 - 20' and 10' Public Street and Utility Easement Document No. 2207199 - Overhead Electric Powerline Easement Document No. 2172683 - 20' and 10' Mutual Access Easement Document No. 2518681 - Water and Access Easement Document No. 2143197 - 45' Public Street and Utility Easement Covenants of Record Required - From Subdivision Regulations Section 6 Part P The Subdivider/Landowner shall ensure that after Final Plat approval the Property Owner(s) and/or Property Owners' Association shall be responsible for the control of State and County declared noxious weeds by placing the following Covenant on the property: “The control of noxious weeds by the Property Owner's Association on those areas for which the Association is responsible (right(s)-of-way, easement(s), parks, and any other common areas) and the control of noxious weeds by individual owners on their respective lots shall be as set forth and specified under the Montana Noxious Weed Control Act (MCA 7-22-2101 through 7-22-2153) and the rules and regulations of the Gallatin County Weed Control District. The control of Noxious Weeds is the responsibility of the Property Owner whether the lot is improved or unimproved, and shall be as set forth and specified under the Montana Noxious Weed Control Act (MCA 7-22-2101 through 7-22-2153 as amended) and the rules, regulations and management Plans of the Gallatin County Weed Control District. The Property Owner shall be responsible for the control of state and county-declared noxious weeds on his or her lot, and the Subdivision road right-of-way and/or road easement(s) adjoining their property. In the event a Property Owner does not control the noxious weeds, after 10 days notice from the Property Owners Association, the Association may cause the noxious weeds to be controlled. The cost and expense associated with such weed management shall be assessed to the lot and such assessment may become a lien if not paid within thirty (30) days of the mailing of such assessment. Nothing herein shall require or obligate the Gallatin County Weed District to undertake any management or enforcement on behalf of the Property Owners Association or Property Owners that is not otherwise required by law, or the rules, regulations, and management Plans of the Gallatin County Weed District.” For Subdivisions without a Property Owner's Association and no common areas: The control of Noxious Weeds is the responsibility of the Property Owner and his or her Lot, and the Subdivision road right-of-way and/or road Easement(s) adjoining their property whether the Lot is improved or unimproved, and shall be as set forth and specified under the Montana Noxious Weed Control Act (MCA 7-22-2116 as amended) and the rules, regulations, and management Plans of the Gallatin County Weed Control District. LOCATED IN THE NW 1 4 OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA 28 Memorandum REPORT TO:City Commission FROM:Cassandra Tozer Human Resources Director SUBJECT:Authorize the Interim City Manager to Sign a PSA with Affion Public for Executive Recruitment Services MEETING DATE:June 11, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the Interim City Manager to sign a PSA with Affion Public for executive recruitment services for the position of Community Development Director. STRATEGIC PLAN:7.2 Employee Excellence: Recruit, retain and value a diverse, well-trained, qualified and motivated team capable of delivering superior performance. Be accountable and expect accountability from others. Make demonstrated use of good judgement a part of the evaluation process for promotions. BACKGROUND:The City's Community Development Director position is currently vacant. The City has engaged Affion Public to conduct a nation-wide executive search to recruit for the position. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:$28,000, to be absorbed within the current FY's budget. Attachments: Community Development Director PSA - Affion Public.pdf Report compiled on: May 24, 2024 29 Professional Services Agreement for Executive Recruitment Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 24th day of May, 2023 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Affion Public, PO Box 794, Hershey, PA 17033, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, 30 Professional Services Agreement for Executive Recruitment 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 31 Professional Services Agreement for Executive Recruitment 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 32 Professional Services Agreement for Executive Recruitment 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: x Workers’ Compensation – statutory; x Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; x Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; x Automobile Liability - $1,000,000 property damage/bodily injury per accident; and x 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. 33 Professional Services Agreement for Executive Recruitment 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 34 Professional Services Agreement for Executive Recruitment 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 Cassandra Tozer, Human Resources Director, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Scott Reilly, CEO, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s 35 Professional Services Agreement for Executive Recruitment Page 7 of 10 Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual 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). 36 Professional Services Agreement for Executive Recruitment 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. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term 37 Professional Services Agreement for Executive Recruitment Page 9 of 10 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 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. 38 Professional Services Agreement for Executive Recruitment Page 10 of 10 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. **** 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 __AFFION PUBLIC_________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: Scott Reilly Print Title: CEO APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 39 Exhibit A 40 Affion Public, LLC @Affionpublic affionpublic 41 05/21/2024 Cassandra Tozer Human Resources Director City of Bozeman 121 North Rouse Avenue - P.O. Box 1230 Bozeman, MT 59771-1230 Dear Cassie, Thank you for the opportunity to submit our offer of executive search and recruiting services for the Community Development Director position. Affion Public is an executive search firm specializing in identifying and placing exceptional executive-level candidates within the public sector. With a successful track record in placing public sector executives, we pride ourselves on developing strong working relationships with our clients. Our partnership approach and high-quality work ensure that our clients receive the level of attention and service they deserve. Our search process and collaborative approach have enabled Affion Public to conduct multiple successful searches for the majority of our clients. What sets us apart is our commitment to finding the best candidates, both passive and active, who will meet the specific needs of our clients. This approach allows us to provide a tailored pool of candidates, rather than recycling the same ones search after search. Additionally, our dedication to diversity and success in targeting minority candidates further distinguishes us from other firms. On behalf of Affion Public, we would be thrilled to be your firm of choice. Please feel free to contact me directly at 717-576-9847 or via email at reilly@affionpublic.com. I look forward to speaking with you soon. Best Regards, Scott Reilly CEO, Affion Public Corporate Address:PO Box 794Hershey PA 17033 www.affionpublic.com888.321.4922 toll free 717.214.4922 local Delivering Leaders. 42 Corporate Mailing Address: P.O. Box 794 Hershey, PA 17033 888-321-4922 www.affionpublic.com City of Bozeman, MT Community Development Director Executive Search Services 05/21/2024 43 2 Table of Contents Table of Contents............................................................................................................................2 Company Profile .............................................................................................................................3 Why Affion? ....................................................................................................................................3 What We Do Differently .................................................................................................................4 Relevant Search Experience ........................................................................................................... 5 Objectives and Approach................................................................................................................ 5 Statement of Diversity...................................................................................................................10 Sustainability Efforts.....................................................................................................................10 Individuals Assigned to Search......................................................................................................11 Cost ................................................................................................................................................14 Guarantee: .....................................................................................................................................14 Reference List ................................................................................................................................15 Client List.......................................................................................................................................16 Affion Disclaimer Copyright © 2009 by Affion Public, LLC. All rights reserved. Printed in the United States of America. The information in this document is the exclusive property of Affion Public, LLC. The data and trade secrets contained herein are submitted for use solely by the City of Bozeman. The reproduction of this document or any portion thereof, in any form, without the express written consent of Affion Public, LLC is forbidden. 44 3 Company Profile Affion Public is deeply rooted in the public sector, providing executive search services for state and local government, education and non-profit organizations since 2000. Our executive search division specializes in identifying the nation’s best and brightest executives and delivering those individuals to our public sector clients. Our partners are typically state, county, city, and government organizations as well as non-profits. Recognized as a leader in public sector executive searches, Affion has attained “preferred” vendor status or an exclusive relationship with a majority of its client partners. Affion’s corporate address is P.O. Box 794, Hershey, PA 17033. Why Affion? We are different. As a company, our strengths lie in our people, our passion, and our commitment. Affion employs an extremely talented group of professionals that bring a diverse set of skills and an average of over 10 years of experience in government and private sector venues. Extraordinary, trusted client partnerships have separated us from others in the industry. Embracing a small business approach has enabled the entrepreneurial spirit of Affion, while also ensuring a personalized approach and customized solution for our partners. It is our unique understanding of the complexities of the public sector that gives us an edge. We know what to challenge potential candidates on, and we know how to discern and qualify the very specific set of skills an executive needs in order to succeed within the public realm. Our particular expertise lies in our ability to reach out to and ultimately attract the best and the brightest into the public executive domain. Short and long term, Affion is looking for valued, long-lasting partnerships, where we can have a real and positive effect for our client. Our public sector team provides a full range of customized executive recruiting and management consulting services. Particular areas of expertise lie within strategy, human resources, process and solutions. We have served in an advisory capacity to state, city, and municipal governments across the country. Historically, our specialized executive recruitment services have been client driven. By building strong client partnerships, and practicing due diligence, we gain an invaluable understanding of the mission, motivation and culture of our client. This has allowed us to successfully recruit across all departmental disciplines and ultimately to provide top executives to an array of governmental agencies and authorities (e.g. Information Systems, Public Safety, Engineering, Health and Human Services, Water Utilities, Economic Development, Assistant City Managers, City Managers, etc.). 45 4 What We Do Differently Our executive search goal is to specify, identify, qualify and deliver candidates that meet or exceed your expectations. After consulting with client executives and stakeholders, we utilize a systematic search methodology to customize and tailor the ideal candidate and position profile to meet the specified need. Targeting organizations that are similar to our client, we set out to find individuals that meet and exceed the background, education, experience, and personal characteristics required. This is done in a highly confidential manner and in compliance with applicable legal standards. Once a potential candidate has been identified, they will enter into a rigorous qualifying process to further establish the “fit”. A comprehensive confidential report on each of the selected candidates is prepared to include pertinent information relative to the candidates work history and background. A professional appraisal of the candidates’ competencies compared to the specific requirements will be provided as a continuum to the report. In the form of a portfolio presentation, we meet with the stakeholders to make our recommendations. We deliver individuals that are competent, qualified, and capable. We deliver solutions. 46 5 Relevant Search Experience City of Austin, TX x Director of Development Services (2019) x Assistant Director of Housing and Planning (2021) City of Bellevue, WA x Director of Planning and Community Development (2010) City of Boise, ID x Planning and Development Services Director (2021) x Planning and Development Services Director (2024 - present) City of Chandler, AZ x Director of Planning and Development (2008) City of College Station, TX x Assistant Director of Planning & Development (2008) x Director of Planning and Development Services (2018) City and County of Denver, CO x Manager of Community Planning and Development (2012) City of Dallas, TX x Director of Housing (2014) City of Eugene, OR x Executive Director of Planning and Development (2010) City of Fort Collins, CO x Director of Planning, Development and Transportation (2019) City of McKinney, TX x Director of Housing and Community Development and Director of Code Services (2024 – present) City of Missouri, City, TX x Director of Development Services (2016) City of San Angelo, TX x Director of Planning and Development Services (2023) City of Tamarac, FL x Director of Community Development (2013) 47 5 Objectives and Approach 1. Establishing the Timeline – we will work closely with you to determine your ideal start date for your executive and then work to make sure that we agree on all target dates and activities. 2. Input from Key Decision Makers – we will meet with all parties who will be impacted by this executive to seek input, which will also help us understand the company, the people and the working environment. This can include setting up public forums to engage the community in assisting in the process. 3. Developing the Candidate Profile – through extensive interviews we will gain a complete understanding of the mission and goals of the company and begin to create the profile of the executive you are seeking. 4. Candidate Pool and Search Techniques – we will use our own extensive internal database, our personal and professional connections, competitor intelligence, targeted recruiting, industry specific sourcing and other recruiting tools to begin to identify the perfect candidate. 5. Screening Process – we will conduct interviews to qualify each candidate, whether it is an internal candidate or an external one, prior to presentation to you, and will conduct an extensive background check on each potential candidate. 6. Selecting Candidates for Client Review – we will present the key decision makers with a portfolio of candidates for consideration and will discuss each candidate’s skills and qualifications in detail. 7. Choosing the Finalists and the Interview – once the client has reviewed the candidates and has selected the finalists, interviews with the key decision makers or the selection committee will begin. 8. Hiring – all candidates will have been pre-qualified on the salary range; benefits and we will assist in all final employment matters. 48 6 Developing the Candidate Profile At Affion, our approach to executive searches is both personal and systematic. Our success hinges on the access and information provided by our client organizations, enabling us to gather comprehensive insights and develop a deep understanding of their needs. Only by intimately knowing the organization and meticulously defining the ideal candidate profile can we ensure the right match for both the organization and the selected individual. We take pride in the value we bring to the table by collaborating with clients to develop the ideal candidate profile. This involves extensive engagement with key decision-makers, elected officials, and others at the outset. We delve into the position's history, the organization's mission and goals, past successes and failures, staff dynamics, budget considerations, and other crucial aspects that the selected candidate must address. Understanding where the organization aims to go and the requirements for getting there is essential for finding the ideal leader. Every search is unique, and we invest significant time in understanding the client's style and organizational culture, as well as each candidate under consideration. We establish strong relationships with decision-makers and potential colleagues of the candidates to ensure a compatible match. Spending time with decision-makers helps us grasp their vision of the "ideal" candidate, their management style, and the significance of the position to them and the organization. We embrace the organization's vision to recruit candidates who align with its goals and can lead strategies that support that vision. We conduct interviews with successful executives at the peer level of the vacant position to understand the qualities of successful leaders within the organization. Additionally, we find it valuable to interview subordinate-level staff, if possible, to assess current resource challenges or strengths that the incoming executive would encounter. These initial stages are crucial in our view. Our entire search team, including our assigned recruiters, is involved in this information-gathering and relationship-building process from the beginning. This ensures that we all understand exactly what our client is seeking in applicants and can qualify candidates based on the client's organizational culture. Based on the interviews and data gathered, we prepare a comprehensive candidate recruitment profile for the position, outlining the desired qualifications and characteristics. This profile is then presented for approval by the client's designated representatives. It is from this customized profile that we conduct our systematic search. Input from Stakeholders The first steps in any search begin with our onsite stakeholder meetings. The purpose of the stakeholder interviews is to allow Affion an intimate understanding of the organization, the people and the environment. These interviews are how we develop the two key profiles in which the search is built around. The first profile is the position profile. The position profile includes not only the requirements the successful individual will possess but also what they will be doing on a daily, weekly and monthly basis. This profile is critical in analyzing the potential candidate’s previous experience. The second profile is the candidate profile in which we spoke previously about. This profile allows Affion to define the type of individuals that will be successful in your organization. The stakeholder meetings begin with developing the list of individuals that will be working directly with this person. This list should include whomever the individual is responsible for reporting to and anyone who may be directly involved with the hiring and interview process. Affion is committed to spending as much time as necessary on the stakeholder meeting to ensure a successful placement. The stakeholder meetings are approximately one-hour interview session in which our team will ask probing questions to what will make the candidate successful. These are generally done on an individual basis. Additional stakeholder meetings including public input will be scheduled at the discretion of the selection team. We have a long history of being very inclusive with our stakeholder process and often meet with community leaders, business leaders, civic and religious leaders as well as neighborhood associations. 49 7 Candidate Pool Affion is a relationship driven, select targeting firm. We use our own internal database to draw upon potential candidates with whom we have built relationships and/or referrals. We use the telephone to reach out to referrals and candidates initially. We use the Internet as well as select research firms to investigate credit, criminal and other background checks and to obtain any written publications authored by, or regarding, the candidates. Beyond this limited use of technology, our efforts are all carried out in person. We post the job on the Internet or advertise in print as required by the client organization. Even our utilization of networks of professional or trade associations, is done in person. This personal approach is how we have been most successful in targeting and attracting the best and most diverse selection of candidates. Each Affion recruitment effort is customized specifically to the client organization’s needs and preferences. One of the additional values achieved from the time we spend in the beginning is getting to know the client organization and its culture and obtaining mutual agreement on a process that works for both of us. While we have a very strict and systematic internal qualifying/screening process, it is only visible to the client in the result it produces. Any processes external to our qualifying/screening process may be modified to accommodate the client’s organizational needs. Affion Process in Screening While the general steps outlined herein are the basis of the Affion search, flexibility is built into our model to accommodate a particular client’s preferences. Our search is customized to best meet the needs of our client and as long as we are not asked to forego steps to ensure quality, modifications or additions can be made. Sourcing/Recruiting Candidates Our senior executive recruiters (100% dedicated to this search) will identify candidates who have been successful in like organizations in similar positions. We search from a variety of sources to ensure development of a broad representative pool in terms of affirmative action efforts and experience; including our own network of contacts and files; public or private entities, professional and other associations and organizations related to the position and referrals. We do targeted advertising in publications specific to the position. Targeted Recruiting Affion maintains a national database through extensive networks in industry specific business groups, trade and professional organizations. To further ensure a diverse candidate pool, we also source candidates from professional organizations and networks that are ethnic and gender specific. We reach out to a variety of sources to collectively find the best talent available. 50 8 As a result of our previous and ongoing recruiting efforts within government and quasi-government organizations, (local, city, county, and state) Affion has, and continues to build, an expansive network of candidates that includes the best and the brightest in the public sector. That network of candidates exemplifies our professional commitment to building valued relationships, knowing the individuals’ experience and leadership styles, and understanding their needs and career goals. By operating within these guidelines, our deliverable to our client results in being a known and trusted entity. Screening/Qualifying Candidates Our senior executive recruiter conducts preliminary screening interviews of all candidates and the most promising candidates to determine their qualifications, pertinent accomplishments, experience, ability to meet special needs of the position and their interest in being considered. Preliminary screening will be based on a resume rating developed from criteria contained in the customized Candidate Recruitment Profile, information contained in the resumes submitted to Affion, and Affion’s knowledge of the people and organizations with whom and in which we work. At this point in the search, our recruiter is also securing preliminary, confidential reference information on the most promising candidates (as available and appropriate) to verify experience and qualifications; i.e., to ensure that it is worthwhile proceeding with them. After qualifying the best candidates into our process, those individuals are subjected to further rounds of interviews by additional Affion executive staff. The same criteria are used, but the emphasis here, is on organizational and cultural fit, and political acumen. This process assures the quality we demand of the short list of semi-finalists that are selected. All candidates are met face-to-face when possible. If the face-to-face interviews cannot be arranged, then video conferencing is arranged to ensure that the recruiters and executives within Affion are comfortable with the candidates they are presenting for consideration. Background Investigation When all members of the Affion qualifying team have agreed that the candidate fits the desired profile we begin extensive background checks to include criminal, education, and financial investigations. Reference calls are completed. Internet and media searches are conducted. This entire procedure is intended to further eliminate unqualified candidates, and to validate the credentials of the final candidates in process. Selecting Finalists for Promotion to Client From our rigorous qualifying process and investigation, Affion typically narrows the field of qualified candidates to the top 6-8. We present all of the client’s designated representatives with a comprehensive book of material on each of the selected individuals. These books contain summary profiles, resumes, applications, articles by or regarding the candidate, pertinent work product, and photographs of those candidates whose qualifications, work experience, achievements, and/or other special qualities qualify them for the position. This comprehensive confidential report on each candidate covers not only the candidate's working career and those personal aspects that are relevant to the position, but also our appraisal of how the candidate's competencies compare to your specific needs and environment. Affion and the client’s representatives will meet to review the detailed contents of the book. Internal Candidates Affion always screens and evaluates those applications and resumes received by the client from in-house or outside applicants to insure, on the client’s behalf, that the process is considered fair to all applicants and to determine if any of these individuals are qualified, viable candidates. Often, at the client’s preference we keep all in-house applicants in process until the final qualifying phases of the search process, unless it is clearly established that certain individuals are not qualified. We review, evaluate and acknowledge in writing all applications and resumes received. Additionally, we ask that all solicitations for consideration made directly to the client be forwarded to Affion immediately to avoid duplication of efforts and take work off the client’s shoulders. 51 9 Client Selection of Candidates for Interview Affion would work closely with the hiring team for selecting the finalist. Affion will make a portfolio presentation to the key stakeholders which will include; the resume, a brief bio written by the candidate, and an answer to the questions “Why Should I be the Next…” Upon our face-to-face presentation of the finalists, with our recommendations and comprehensive background information, we require that the client select the number and names of the candidates it wishes to interview in person. Upon the client’s direction, Affion personnel will coordinate with client personnel to arrange interviews with the top candidates selected for consideration. Affion will work with the client to coordinate any travel or accommodation details that may be needed for each outside candidate. Client Interviews and Final Selection The finalist interviews would be conducted in conjunction with the wishes of the hiring team. Affion typically suggests that the hiring team utilize panel interviews and also perhaps a candidate presentation. The candidate presentation would be an oral presentation accompanied by a visual presentation. The purpose of this presentation is to allow the selection committee to see how the candidates communicate their thought process and the candidate’s ability to effectively express those thoughts to their audience. The formal interview would involve the same set questions asked to each candidate by the same panel member. This allows the selection committee to evaluate each candidate on a fair and equal field. These questions are agreed upon in advance with Affion and the selection committee. Affion will be involved throughout the entire interview process to facilitate the interviews. Hiring Once it is time for a hiring decision, Affion will provide assistance on final employment matters, such as the negotiation process with successful candidates and notification to unsuccessful candidates. Any candidate that is presented for consideration will have been pre-qualified on the salary range, benefits and relocation package. Once the finalist has been selected it is our standard practice that the client sends a formal offer letter to Affion on behalf of the successful candidate. Affion will facilitate the signature and closing of the process. 52 10 Statement of Diversity Diversity is deeply ingrained in our core values and heritage at Affion. We recognize and celebrate the richness and value created by the differences among our employees, customers, service offerings, and businesses. It encompasses a wide array of aspects, including people, backgrounds, lifestyles, ideas, and the balance between our work and personal lives. Our commitment to diversity is about maximizing the contributions from all members of our team to deliver greater value to our customers. It is about valuing differences and promoting inclusion, not merely a code word for affirmative action. At Affion, diversity relies on standards of performance and behavior that foster mutual respect. It is about effectively utilizing our collective talent to create a competitive advantage that leads to success, both for our internal support staff and contract workforce. We are truly dedicated to effectively recruiting and maintaining a diverse workforce. To ensure equal employment opportunity for all, Affion maintains an Affirmative Action Program and policy that prohibits discrimination based on race, color, religion, sex, national origin, sexual orientation, handicap or disability, or status as a disabled veteran or a veteran of the Vietnam War era. We take affirmative action to ensure that applicants for employment and employees are treated without regard to these characteristics. Our decisions regarding employment status are solely based on an individual's qualifications, and are guided by valid, non-biased job requirements in positions being filled. Our commitment to diversity extends to all aspects of employment, including recruitment, hiring, promotions, transfers, compensation, benefits, layoffs, terminations, educational tuition assistance, and company-sponsored training and recreational programs. Affion employs responsible reporting and monitoring procedures to ensure strict compliance with the Equal Opportunity Policy and our Affirmative Action program. We are further committed to being an Equal Opportunity Employer in accordance with federal, state, and city laws on fair employment practices. All of our advertising reflects these important standards. We take pride in our success in ensuring a diverse candidate pool and are thrilled to have placed multiple women and minority candidates in executive-level municipal positions nationwide. Sustainability Efforts Our commitment to climate action includes improving the environmental footprint of our operations by going paperless. All the steps involved in creating paper have significant impacts on the environment. Because of this we have made the commitment to go paperless by providing pdfs of our candidate binder presentations, proposals, and additional written communication. We have also taken steps to reduce our carbon footprint by implementing less travel and utilizing technology for stakeholder meetings, initial interviews, etc. We hope by taking these actions, we are helping to protect the health of our planet today and for generations to come. 53 11 Individuals Assigned to Search Scott Reilly CEO, Affion Public reilly@affionpublic.com 717-576-9847 Scott will be the lead on this search and responsible for quality assurance during the length of your project. During the engagement, he will be responsible for ensuring the success of the process. Scott, previously the Vice President of Arcus Public, has more than 20 years’ experience in Sales, Executive Recruiting and Technology. His depth of knowledge and experience placing top executives and technology professionals enables him to lead the talented group of professionals at Affion Public. Throughout his tenure in the public sector, he has been responsible for leading the engagement process and successfully placing more than 100 professionals in key roles. He’s worked in the trenches performing the searches, as well as in leadership roles guiding his team and building relationships with clients while at the helm. He truly understands and appreciates the intricacies of the market, and as CEO for Affion Public, he is responsible for the strategic direction and approach of each of the firm’s key service areas. Scott has been a speaker/presenter on various topics nationally working with leading government officials; to help identify opportunities for technology research and share best practices as well as executive search forums. He was named a founding Honorary Alumni to the Harrisburg University of Science and Technology first graduating class. He currently serves as the vice-chairman of the Derry Township Municipal Authority and has been an active member on the Hershey Country Club Board of Governors. Scott was also recognized by the Central Penn Business Journal as one of the region’s Top 40 Under 40. He holds a Bachelor of Science degree in Marketing from Rider University. Scott has been directly involved with all executive level searches through Arcus Public and Affion Public since 2003. Gina Sprowls Director of Recruiting sprowls@affionpublic.com 717-763-1987 Gina will manage the recruitment efforts for your executive search, providing direction and coordination to ensure the ideal candidate profile is met and the best candidate is selected for the job. She will be responsible for identifying, profiling, and screening candidates, as well as qualifying potential candidates and conducting interviews. Additionally, Gina will assist in coordinating interviews, gathering feedback, and conducting professional reference checks. She may also be involved in presenting the final candidates to stakeholders for consideration. With over ten years of diverse experience in recruitment, sales, and management, Gina brings a strong background in Human Resources with a focus on executive level recruitment and training. Her experience spans across various industries, including Public Sector, Technology, Finance, Healthcare, Sales, and Education. Gina has successfully managed multiple executive level searches nationwide and is known for building and maintaining excellent relationships with clients and candidates alike. She holds a Bachelor of Science degree in Business Administration from Capella University and an Associate of Arts degree in Human Resources. Gina has been directly involved in all executive level searches conducted by Arcus Public and Affion Public since January 2008. 54 12 Individuals Assigned to Search continued.. Brittany Schwaber, Executive Recruiter Brittany will focus on the recruiting efforts of your search. As she works through this process, she will adhere to providing a detailed and informative profile of ideal candidates to ensure that the best individual for the position is identified and hired. Brittany will be responsible for screening candidates that present as qualified contenders for the role. In addition, she will be conducting candidate interviews, coordinating the logistics of interviews, gathering feedback and performing reference checks. Brittany brings over seven years of experience in recruiting with a dynamic approach to her work. Her career has been diverse in different industries that include biopharmaceuticals, construction, and manufacturing. She has a well-rounded background in the field of Human Resources with an emphasis and passion for talent management strategies, employee retention and engagement initiatives and career development. Brittany is known for her ability and ease in establishing and building relationships with candidates. Her keen eye for detail coupled with her responsiveness makes for a great partnership between clients and candidates. She holds a Bachelor of Science degree in Business Management from Kutztown University and a Professional in Human Resources (PHR) certificate from HRCI. Cassandra Segedy, Marketing Associate Cassie will focus on the marketing efforts of your search. As she works through this process, she will provide thorough and concise social media marketing and marketing materials, to help reach a large array of qualified candidates. Cassie will be responsible for creating the brochure used for social media and job postings, posting the position on all Affion Public social media platforms, creating candidate binder presentation materials, and creating job announcements for the successful candidate. Cassie brings 7 years of marketing, advertising, and graphic design experience with her. Her career has been diverse in different industries that include manufacturing, life sciences, food service, data logging, grocery distribution, and small business management. Cassie has extensive experience in social media marketing, print advertisement, web design, and graphic design. Cassie is known for her easy-going nature, attention to detail, and responsiveness, allowing her to create the perfect marketing materials specific to your city and job posting. Cassie holds a Bachelor of Arts with a concentration in Graphic Design from the State University of New York at Oswego. Shanice Caesar, Sourcing Specialist Shanice will focus on the sourcing efforts for this search. As she works through this process, she will be responsible for finding candidates that match the experience and ideal candidate specs for this role, posting the position on sponsored job sites, and running background checks. Shanice brings over five years of experience in recruiting with a dynamic approach to her work. Her career has been diverse in different industries that include Information Technology, Finance, Professional Services and Healthcare. She has a well-rounded background in the field of Information Technology with an emphasis and passion for talent management strategies, employee retention and engagement initiatives and career development. Shanice is known for her ability and ease in establishing and building relationships with candidates. Her keen eye for detail coupled with her responsiveness makes for a great partnership between clients and candidates. She holds a Bachelor of Science degree in Business Management from The University of Guyana. 55 13 Proposed Project Timeline: Timeframe Activity Upon Selection x Affion to negotiate and finalize contract Once contract is finalized x Facilitate a meeting to discuss timelines, recruitment process and plan for completing the Position and Candidate Profiles x Affion to meet with identified stakeholders to begin the due diligence process x Conduct Public Forums if needed x Simultaneous industry research taking place Within 10 days after the contract is finalized x Affion presents draft of Profile Upon approval of profile/brochure x Search Firm conducts recruitment to include: o Referrals, LinkedIn, Sourcing, etc. o Post the job on websites Ongoing x Progress Report—check for quality and diversity of applicants. Determine need to target any specific group or area. x Review and qualify all potential candidates 30 days after posting x Deadline to receive resumes 45 days after resume deadline x Binder Presentation of 6-8 candidates to the Selection Panel x Affion will facilitate a review of the final candidates 2 weeks after binder presentation x Conduct first round of candidate interviews with the Search Committee and key stakeholders x Finalize decision on the candidate of choice and negotiate employment agreement with the candidate 2 weeks after final interviews x Successful Candidate accepts offer of employment 56 14 Cost Full Executive Search: Affion executive searches are full-service searches conducted by senior executives within our firm. The fee we have outlined herein is all inclusive of all phases of the search including stakeholder meetings, profile development, job postings, sourcing, recruitment, interviewing, reference checking, background checks, media checks, and candidate offer negotiation. Fee for the Community Development Director position: $28,000 (all inclusive) Additional expenses, which are not included in the overall fee but are expected to be reimbursed by the City of Bozeman include all candidate travel expenses for the purpose of interviews with the City of Bozeman. This will vary depending on the location of the finalist selected. While invoice procedures can be adjusted, our typical billing practice is to spread the fee payment over three equal installments. (One-third to be billed when the contract is signed, one-third to be billed upon presentation of the Final Candidates, and the last one-third to be billed upon the hiring of the desired Candidate.) Adjustments to our payment and billing processes are negotiable in order to best accommodate our clients’ needs. Guarantee: As with all of our executive searches, we are prepared to offer our standard professional service guarantee. If the hired candidate is asked to leave for reasons of non-performance or leaves of his/her own volition in the first 24 months of employment, we will re-launch a search for a new candidate, under the original position specifications. In such a case, we will do so for no additional professional fee, though charging expenses that may incur to include all Affion travel, hotel, and re-posting of job advertisements. It is our commitment to partner with you from the initial signing of the contract until the candidate accepts and offer and begins employment. 57 15 Reference List City of Austin, TX Sonya Alexander-Harry HR Consultant 301 W. Second St. Austin, TX 78701 512-974-3228 Sonya.Alexander-Harry@ci.austin.tx.us Affion has completed several searches with the City of Austin. We placed the City Manager (2008), CIO, Fire Chief, Director of Solid Waste Service, Chief Sustainability Officer, Director of Code Compliance, Chief Financial Officer; Assistant Director, Engineering Services, Assistant Director, Pipeline and Operational Maintenance, and the Water Resource Planning & Analysis positions within the Austin Water Utility, an Assistant City Manager, a Purchasing Officer, and the Deputy Director, Economic Development, a Redevelopment Division Manager, and a Chief Technology Officer with search Austin Energy. We completed their Fire Chief search (2018), Director of Economic Development search (2018), their Director of Development Services (2019) and Homeless Strategy Officer (2019) Chief Information Security Officer search (2019), their Assistant Director of Economic Development (2020), the Director of Austin Code position, their Homeless Strategy Officer (2020), and their Assistant Director, Housing and Planning search (2021). We worked with them on their Chief Resiliency Officer (2021), EMS Chief searches (2021), and their Director, Transportation and Public Works position (2023). Sonya has worked closely with us on several of the searches. City of Grand Rapids, MI Michelle Eddie Interim HR Director 300 Monroe Ave NW Grand Rapids, MI 49503 (616) 780-8630 meddie@grand-rapids.mi.us Affion had the recent pleasure of working with the City of Grand Rapids on the recruitment for their Economic Development Director (2024) and their Mobile GR Director (2024) searches. We worked closely with Michelle throughout both searches. City of San Angelo, TX Veronica Sanchez Assistant Director of Human Resources Risk Management / Civil Service Director 72 W. College Ave. San Angelo, Texas 76903 325-212-5955 veronica.sanchez@cosatx.us Affion had the pleasure of working with the City of San Angelo on their search for their Director of Planning and Development Services (2023). We worked closely with Veronica throughout the search. 58 16 Client List Cities: Borough of State College, PA x Director of Public Works (2016; 2021) City of Addison, TX x City Secretary (2023) City of Ann Arbor, MI x Parks and Recreation Services Manager (2008) x Parks and Recreation Services Deputy Manager (2008) x City Administrator (2011) x Fire Chief (2014) x Police Chief (2015) x City Administrator (2016) City of Arlington, TX x City Auditor (2014) x Director of Community Development and Planning (2015) City of Aurora, CO x City Manager (2018) x Court Administrator and Detention Director (2021) City of Asheville, NC x Urban Planning and Design Director (2014) x Police Chief (2015) City of Atlanta, GA x Chief Information Officer (2003) City of Austin, TX x City Manager (2008) x Fire Chief (2008) x Chief Information Officer (2008) x Director of Solid Waste Services (2009) x Chief Sustainability Officer (2010) x Director of Code Compliance (2011) x Chief Financial Officer (2012) x Austin Water Utility (AWU) Assistant Director, Engineering Services (2013) x Austin Water Utility (AWU) Assistant Director, Pipeline Operations and Maintenance (2013) x Assistant City Manager (2013) x Purchasing Officer (2014) x Deputy Director, Economic Development (2015) x Redevelopment Division Manager (2015) x Assistant Director of Water Res Planning & Analysis (2015) x Austin Energy – CTO (2016) x Austin Energy – Chief of Staff (2017) x Fire Chief (2018) x Director of Economic Development (2019) 59 17 City of Austin, TX continued.. x Director of Development Services (2019) x Chief Information Security Officer (2020) x Assistant Director of Economic Development (2020) x Director of Austin Code (2020) x Homeless Strategy Officer (2020) x Assistant Director of Housing and Planning (2021) x Chief Resiliency Officer (2021) x Emergency Medical Services Chief (2021) x Director, Austin Water (2022) x Director, Transportation and Public Works (2023) City of Beaumont, TX x Police Chief (2024 - present) City of Bellevue, WA x Director of Planning and Community Development (2010) x Chief Communications Officer (2012) x Chief Economic Development Officer (2014) x Chief Communications Officer (2016) x Director of Planning and Community Development (2016) 99T City of Boise, ID x Planning and Development Services Director (2021) x Planning and Development Services Director (2024 - present) City of Boulder, CO x Director of Public Works for Utilities (2011) x Deputy Director of Community Planning and Sustainability (2011) x Comprehensive Planning Manager (2012) x Human Resources Director (2013) City of Bozeman, MT x Human Resources Director (2021) x Director of Transportation and Engineering (2021) x Director of Utilities (2021) x City Engineer (2022) x Assistant City Manager (2022) x Director of Utilities (2023) x Assistant City Manager (2024 – present) City of Broken Arrow, OK x Fire Chief (2010) x Police Chief (2011) x City Manager (2012) x Assistant City Manager (2013) x Director of Engineering/Construction (2014) x Fire Chief (2014) x City Manager (2015) City of Burbank, CA x Director of Finance (2009) x Director of Parks and Recreation (2007) City of Burleson, TX x Chief Technology Officer (2021) 60 18 City of Cedar Park, TX x Director of Information Services (2018) x Police Chief (2021) x Director of Finance (2022) x Assistant City Manager (2022) x Director of Human Resources (2023) x Assistant City Manager (2024 – present) City of Celina, TX x City Manager (2023) City of Chandler, AZ x Chief Information Officer (2007) x Director of Economic Development (2008) x Director of Planning and Development (2008) x Municipal Utilities Director (2015) City of Chester, PA x Chief Operating Officer (2022) x Director of Finance (2023) City of College Station, TX x Assistant Director of Planning & Development (2008) x Fire Chief (2016) x Chief Information Officer (2017) x Director of Water Services (2018) x City Manager (2018) x Director of Planning and Development Services (2018) City of Columbia, MO x City Manager (2011) x CIO (2015) City of Commerce City, CO x City Manager (2021) City of Corpus Christi, TX x City Manager (2008) City of Dallas, TX x Deputy Director CIS (2005) x Public Information Officer (2005) x Assistant Director Dallas Water Utilities (2005) x Assistant Director CIS (2005) x Director and Chief Information Officer (2005) x Director of Housing (2014) x Assistant City Manager (2014) x Director of the Department of Trinity Watershed Management (2015) x Fire Chief (2016) x City Manager (2016) x Assistant Director of Transportation (2022) City of Denton, TX x Director of Environmental Services and Sustainability (2021) City and County of Denver, CO x Manager of Community Planning and Development (2012) x Independent Monitor (2021) 61 19 City of De Pere, WI x City Administrator (2024 - present) City of Dublin, OH x CIO (2015) x Planning Director (2015) x City Manager (2022) City of Durango, CO x Director of Public Works (2021) x Director of Parks and Recreation (2023) City of East Lansing, MI x City Manager (2012) City of El Paso, TX x City Manager (2014) x Director of Museums and Cultural Arts (2014) x Managing Director of Public Works (2015) x Director of Planning and Inspections (2018) City of Eugene, OR x Executive Director of Planning and Development (2010) City of Farmers Branch, TX x City Manager (2022) City of Fort Collins, CO x Chief Sustainability Officer (2014) x Light & Power Operations Manager (2015) x Chief Human Resources Officer (2016) x Cultural Services Director (2016) x Transfort & Parking Services General Manager (2018) x Director of Cultural Services (2018) x Director of Planning, Development and Transportation (2019) City of Fort Worth, TX x Assistant City Manager (2022) City of Frisco, TX x City Manager (2022) x Assistant City Manager (2023) x Fire Chief (2023) x Chief Information Officer (2023) x Chief Financial Officer (2024 – present) City of Galveston, TX x City Manager (2011) City of Gardner, KS x Business and Economic Development Director (2015) x Utility Director (2015) City of Georgetown, TX x Assistant City Manager (2021) x Assistant Water Utility Director (2024) 62 20 City of Grand Rapids, MI x Economic Development Director (2024) x Mobile GR Director (2024) City of Greeley, CO x Director of Human Resources (2020; 2022) x City Clerk (2020; 2022) x Finance Director (2020) x Fire Chief (2021) x Director of Public Works (2021) x Human Resources Deputy Director (2021) x Deputy Finance Director (2021) x Culture, Parks and Recreation Director (2022) x Human Resources Deputy Director (2022) x Director of Communications and Engagement (2022) x Community Development Director (2022) x Deputy Director of Water Resources (2022) x Payroll Manager (2023) x Cultural Affairs Manager (2023) x Finance Director (2023) x Deputy Director of Finance (2023) City of Hollywood, FL x City Manager (2011) City of Huntsville, TX x City Manager (2008) City of Irving, TX x City Manager (2006) x Assistant City Manager (2008) x Internal Auditor (2008) x Director of Human Resources (2007) x Assistant Director of Human Resources (2007) x City Attorney (2007) x Fire Chief (2006) x City Secretary (2010) x Capital Improvement Program Director (2019) City of Kirkwood, MO x Chief Administrative Officer (2014) x Police Chief (2017) City of Kyle, TX x City Manager (2023) x City Attorney (2023) x Director of Water Utilities (2023) City of Leander, TX x City Manager (2011) 63 21 City of Los Angeles, CA x CIO-Los Angeles World Airport (2007) x General Manager, ITA (2002) x Information Systems Manager (2002) x General Manager Department of Aging (2003) x Director, Bureau of Sanitation (2004) x Los Angeles Zoo: General Manager (2003) x City Engineer (2003) City of Lynwood, CA x Assistant City Manager (2007) x Director of Human Resources (2007) x Assistant Director of Public Works (2007) x Deputy Director of Development (2007) City of Marshall, TX x City Manager (2014) City of McKinney, TX x City Manager (2008) x Assistant City Manager (2009) x Director of Finance (2011) x Director of Water Utilities and Infrastructure (2013) x Assistant City Manager (2014) x Director of Public Works (2016) x Director of Housing and Community Development (2024 – present) x Director of Code Services (2024 – present) City of Mesa, AZ x Deputy City Manager (2007) x Director of Human Resources (2007) City of Missouri, City, TX x Director of Finance (2016) x Director of Development Services (2016) x Director of Economic Development (2022) City of Morgantown, WV x City Manager (2010) City of North Richland Hills, TX x City Manager (2009) x General Manager: NRH2O, Water Park (2014) City of Pflugerville, TX x Assistant City Manager (2022) x Communications Director (2023) City of Phoenix, AZ x Human Resources Director (2015, 2017) City of Plano, TX x City Manager (2010) x City Attorney (2013) x Director of Human Resources and Risk Management (2024) 64 22 City of Port Arthur, TX x Assistant City Manager (2016) x Public Works Director (2016) City of Raleigh, NC x Director of Human Resources (2023) City of Round Rock, TX x City Manager (2010) x Director of Human Resources (2012) x Police Chief (2013) x Deputy CFO (2021) City of San Angelo, TX x Director of Planning and Development Services (2023) x Director of Water Utilities (2024 – present) City of San Antonio, TX x City Manager (2006) x Assistant City Manager (2006) x Director for the Office of Management and Budget (2020) x Transportation Director (2020) x Government Affairs Director (2021) x Communication and Public Engagement Director (2021) x Diversity, Equity, and Inclusion Officer (2022) x Assistant Director of Human Resources (2023) x Chief Resiliency Officer (2023) x Public Safety Outcomes (2023) x Animal Care Services Director (2024 – present) x Fire Chief (2024 – present) City of San José, CA x Deputy Director of Administration (2006) x Deputy Director of Integrated Waste Management (2006) City of San Marcos, TX x City Manager (2008) x Human Resources Director (2011) x Chief Building Official (2011) City of Savannah, GA x City Manager (2010) City of Scottsdale, AZ x Police Technology Director (2009) City of Shawnee, OK x City Manager (2015) City of Springfield, MO x City Manager (2008) City of Sugarland, TX x Assistant Director of Public Works-Utilities (2024 – present) 65 23 City of Tacoma, WA x Assistant City Manager (2006) x Director of Finance (2007) x Director of Information Technology (2008) x Assistant Director of Finance (2009) City of Tamarac, FL x Fire Chief (2009) x Director of Community Development (2013) x Assistant City Manager (2017) x Public Services Director (2022) City of Taylor, TX x City Manager (2019) City of Thornton, CO x City Manager (2017) City of West Valley City, UT x City Manager (2023) Incorporated Village of Garden City, NY x Village Administrator (2014) Town of Mammoth Lakes, CA x Finance Director (2024 - present) Town of Mooresville, NC x Town Manager (2023) Town of Sunnyvale, TX x Director of Planning and Development Services (2023) Township of Derry, Hershey, PA x Township Manager (2018) Counties: County of Los Angeles, CA x Information Systems Manager (2007) x CIO-Los Angeles World Airport (2007) City and County of Denver, CO x Independent Monitor (2021) City and County of Philadelphia, PA x Chief Information Officer (2000) x CIO-Philadelphia Free Library (2001) x CIO-Philadelphia Police Department (2006) Delaware County, PA x Executive Director (2020) x Health Department Director (2021) x Director of Purchasing (2021) x Diversity, Equity, and Inclusion Officer (2021) x Prison Warden (2021) x Director of Planning (2022) 66 24 Laramie County, WY x Public Works Director (2014) Milwaukee County, WI x Director of Parks, Recreation & Culture (2013) Washtenaw County, MI x Community Development Director (2007) States: Commonwealth of Pennsylvania-Office of Administration x Chief Information Officer (2008) x Chief Technology Officer (2008) x Deputy Chief Information Officer (2008) State of Texas, Austin, TX x Director of Benefits - Employee Retirement System of Texas (2006) x CTO - Employee Retirement System of Texas (2005) x Chief Information Officer of DIR (2006) Education: Harrisburg University, Harrisburg, PA x Director of Learning Assessment (2009) x E-Business Program Director / Faculty (2008) x Learning Technologies Program Director / Faculty (2008) x CIS Program Director / Faculty (2007) x Biotechnology Professor (2008) x VP for Development (2005) x Director of Development (2007) x Controller (2006) x Network Administrator (2006) Other: Austin Economic Development Council, TX x President/CEO (2021) Austin Transit Partnership, TX x Director of Accounting (2022) x Chief Communications Officer (2022) x Chief of Engineering and Construction (2022) x Director of IT (2023) x CFO (2023) Central Texas Regional Mobility Authority (CTRMA), TX x Executive Director (2020) Clarksville-Montgomery County EDC, TN x President/CEO (2021) E-470 Public Highway Authority, Aurora, CO x Executive Director (2015; 2021) Housing Authority of the City of El Paso, TX x Chief Operating Officer (2010) International City/County Management Association (ICMA) x Chief Information Officer (2021) 67 25 Minneapolis Parks and Recreation Board, MN x Assistant Superintendent of Planning (2011) x Assistant Superintendent of Recreation (2012) x Deputy Superintendent (2012) x Assistant Superintendent of Environmental Stewardship (2012) x Director of Park Safety and Security (2013) x Human Resources Manager (2013) North Texas Municipal Water District (NTMWD), TX x Water System Manager (2018; 2022) Pflugerville Community Development Corporation (PCDC), TX x Executive Director (2024 - present) Roanoke Redevelopment and Housing Authority, VA x Executive Director (2006) Round Rock Chamber of Commerce, TX x President/Chief Executive Officer (2014) San Antonio Water System (SAWS), TX x Chief Information Officer (2016) x Sr. Vice President / Chief Operating Officer (2022) Valley Regional Transit, ID x Executive Director (2022) Williamson-Burnet County Opportunities, Inc. (WBCO), TX x Executive Director (2013) 68 26 Thank you for the opportunity to submit this proposal. We look forward to assisting you with your executive search needs! 69 Memorandum REPORT TO:City Commission FROM:Jessica Ahlstrom, Water Conservation Program Manager Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Mimir Water LLC. for Commercial Water Audit Training and Program Development MEETING DATE:June 11, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with Mimir Water LLC. for Commercial Water Audit Training and Program Development. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:Outreach and education are the foundation of the City’s water conservation program. The City offers several free products and services to water customers to help them save water, including free water use assessments for sprinkler systems and indoor fixtures & appliances for multi-household and commercial properties. During indoor assessments, City staff take inventory of existing water-using fixtures and appliances, identify opportunities to increase the efficiency of those fixtures, and calculate an estimated return-on-investment for the building owner or manager if recommended efficiency improvements were to be implemented. Commercial properties account for roughly 24% of total annual water use in the City, and as such there is meaningful opportunity to improve the efficiency of water use among this customer class by enhancing the City’s commercial water use assessment service. Assessing water use in commercial properties is complex and challenging. • Many commercial properties ‘share’ a water meter with other properties, making it challenging to identify water uses attributed to each property connected to that meter. • Different fixtures, appliances, and water systems are in place at different properties - many of which are complex. • Identifying opportunities to increase efficiency in these properties extends beyond upgrading fixtures and identifying & fixing leaks. To realize meaningful water savings, it is important to have a thorough understanding 70 of these various uses and work with the commercial property owner or manager to integrate water management into existing routines and assist with the development of standard operating procedures that include water efficiency. The City’s water conservation program requires additional support to best serve and assist commercial water customers with integrating water efficiency into routines and identifying and completing projects to increase the efficiency of their systems. The attached professional services agreement outlines professional services provided by Mimir Water, a firm specializing in commercial water use efficiency, to provide City staff with comprehensive training to: • Evaluate water efficiency of cooling and building systems unique to commercial properties; • Diagnose mechanical and operational failure points in water systems; • Integrate water management into routines at commercial properties; • Apply advanced measurement technologies at commercial properties; • Install ultrasonic clamp-on submeters to measure specific end uses of water; • Evaluate high-resolution water signatures; • Utilize the Mimir Water Assessment App in residential and commercial audits; • Understand effective strategies for communicating with property managers; and • Design commercial conservation programs that get results. This work will assist City staff in providing comprehensive, thorough water use assessments for commercial water customers to advance toward achieving water conservation goals outlined in the 2013 Integrated Water Resources Plan and Water Conservation Plan adopted in 2023. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Total costs for this project are not to exceed $24,700.00 and will be paid for out of the Water Conservation Division professional services fund. Attachments: PSA_Commercial Water Audit Training and Program Development_Mimir Water.pdf Exhibit A_Commerical Water Audit Training and Program Development_Scope of Services.pdf Report compiled on: May 29, 2024 71 Professional Services Agreement for Commercial Water Audit Training and Program Development Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 2024 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Mimir’s Well, LLC (DBA Mimir Water) with a mailing address of 819 E C ST, Deer Park, WA 99006, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. 72 Professional Services Agreement for Commercial Water Audit Training and Program Development Page 2 of 10 b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 73 Professional Services Agreement for Commercial Water Audit Training and Program Development Page 3 of 10 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] 74 Professional Services Agreement for Commercial Water Audit Training and Program Development Page 4 of 10 own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: 75 Professional Services Agreement for Commercial Water Audit Training and Program Development Page 5 of 10 a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 76 Professional Services Agreement for Commercial Water Audit Training and Program Development Page 6 of 10 d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Jessica Ahlstrom, Water Conservation Program Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Annikki Chamberlain, President, Mimir Water, 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 77 Professional Services Agreement for Commercial Water Audit Training and Program Development Page 7 of 10 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). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has 78 Professional Services Agreement for Commercial Water Audit Training and Program Development Page 8 of 10 been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 79 Professional Services Agreement for Commercial Water Audit Training and Program Development Page 9 of 10 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the 80 Professional Services Agreement for Commercial Water Audit Training and Program Development Page 10 of 10 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 three 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 MIMIR WATER LLC. By________________________________ By__________________________________ Chuck Winn, Interim City Manager Annikki Chamberlain, President APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 81 Page 1 of 7 Scope of Services City of Bozeman Mimir Water Training Program 2024 Attention: Jessica Ahlstrom | Water Conservation Program Manager | JAhlstrom@bozeman.net Table of Contents 1. PROJECT OVERVIEW .................................................................................................................................................. 2 1.1 GENERAL INFORMATION ................................................................................................................................... 2 2. SCOPE OF SERVICES OVERVIEW AND RESPONSIBILITIES ........................................................................................... 3 2.1 TRAINING PROGRAM SCOPE AND RESPONSIBILITIES........................................................................................ 3 2.2 COMMERCIAL WATER EFFICIENCY PROGRAM DEVELOPMENT SCOPE AND RESPONSIBILITIES ....................... 3 3. SCOPE OF SERVICES COST BREAKDOWN ................................................................................................................... 4 3.1 TRAINING PROGRAM COST ................................................................................................................................ 4 3.2 COMMERCIAL WATER EFFICIENCY PROGRAM DEVELOPMENT COST ............................................................... 4 4. SCHEDULE AND MILESTONES .................................................................................................................................... 5 4.1 TRAINING PROGRAM SCHEDULE OVERVIEW .................................................................................................... 5 4.2 COMMERCIAL WATER EFFICIENCY PROGRAM DEVELOPMENT SCHEDULE OVERVIEW .................................... 5 5. DELIVERABLES ............................................................................................................................................................ 5 5.1 TRAINING PROGRAM DELIVERABLE OVERVIEW ................................................................................................ 5 5.2 TRAINING PROGRAM DELIVERABLE SUMMARY ................................................................................................ 7 5.3 COMMERCIAL WATER EFFICIENCY PROGRAM DEVELOPMENT DELIVERABLE OVERVIEW ............................... 7 6. PAYMENT TERMS ........................................................................................................................................................... 7 82 Page 2 of 7 1. PROJECT OVERVIEW 1.1 GENERAL INFORMATION PROJECT OWNER Jessica Ahlstrom, City of Bozeman Water Conservation Program Manager PROJECT CONTRACTOR Mimir’s Well, LLC (DBA Mimir Water) Annikki Chamberlain, President 819 E C ST, Deer Park, WA 99006 Phone: 928.910.0149 Email: Annikki@MimirWater.com Website: mimirwater.com PROJECT DESCRIPTION Mimir Water will provide a 4-day Mimir Water Training Program for City of Bozeman staff (hereinafter referred to as ‘Training Program’). The Training Program will focus on water efficiency in commercial properties including a technical overview of water systems and equipment, an introduction to commercial property stakeholders, a review of case studies, the use of various submeter technologies, and a field assessment. The Training Program will consist of a combination of classroom and field exercises. Mimir Water will also provide technical assistance, as requested, to support the development of the Bozeman Commercial Water Efficiency Program (Commercial Program). It is difficult to predict the extent and nature of technical services required, as they are dependent on the unique needs of each individual property and commercial customer. As such, technical support may include several support tasks depending on the needs of the commercial water customer. Support tasks may include, but are not limited to: • Water use analysis of a customer or group of customers; • Joining calls with commercial customers to review facility processes, review case studies, discuss management strategies, etc.; • Conducting water efficiency site assessments to identify efficiency opportunities or management strategies and training City staff; • Providing integration support to help the commercial customer plan and complete recommended projects; • Results analysis and case study development; and • Developing marketing and outreach materials and strategies. 83 Page 3 of 7 2. SCOPE OF SERVICES OVERVIEW AND RESPONSIBILITIES 2.1 TRAINING PROGRAM SCOPE AND RESPONSIBILITIES Contractor shall supply labor, supervision, equipment, tools, materials, testing, installed and consumable materials, and services for a 4-day Mimir Water Training Program. Contractor Responsibilities for Training Program: Mimir Water will provide a 4-day Mimir Water Training Program for the City of Bozeman staff and attendees from other agencies, as invited. The Training Program will occur on the Montana State University Campus. MSU will provide a classroom and access to different water systems and equipment across campus. Mimir Water will conduct both classroom and field exercises on the MSU campus. Mimir Water will provide workbooks for all attendees. Mimir Water will provide temporary OdinSight meter kits for installation at select locations on campus to demonstrate the benefit of submeters, showcase different technological options for commercial facilities, help attendees understand how to diagnose the performance of commercial equipment, and provide hands-on training, as desired by City staff. Mimir Water will install meters prior to the training as the schedule aligns with MSU staff. Mimir Water will remove the OdinSight Meter Kits after the Training Program is concluded. City Responsibilities for Training Program: Organize/schedule classroom and assessment locations, recruit and coordinate field assessment location and logistics with commercial participants, organize/schedule Training Program attendees. 2.2 COMMERCIAL WATER EFFICIENCY PROGRAM DEVELOPMENT SCOPE AND RESPONSIBILITIES The City and Contractor shall collaborate to determine the best division of labor and resources for the Commercial Program. Contractor Responsibilities for Commercial Program: Mimir Water will provide technical support as requested by City staff as described in the Project Description. Mimir Water will document work-hours and keep project records. Mimir Water will work closely with City staff to ensure technical support hours are also training opportunities. City Responsibilities for Commercial Program: The City will provide water billing data as available, facilitate initial contact and scheduling with the commercial customers, and schedule services as far in advance as is reasonable and possible. 84 Page 4 of 7 3. SCOPE OF SERVICES COST BREAKDOWN 3.1 TRAINING PROGRAM COST 4-Day Mimir Water Training Program Cost: $11,200 ($2,800/day) Itemized costs are listed below: Orientation Webinar: included Submeter Demonstration: included Classroom and Field Training: $11,200 10-Hours Technical Support: included 1-year access to Mimir Water Mobile App: included 3.2 COMMERCIAL WATER EFFICIENCY PROGRAM DEVELOPMENT COST The Commercial Program Development support will be charged on an hourly basis ($150.00/hour) and will not exceed $13,500.00. Itemized costs are estimated below; however, it is difficult to predict the actual cost breakdown; support services will be determined by specific commercial customer needs, equipment, situation, etc. Commercial Program Design 12 hours: $1,800.00 Top 100 Review 4 hours: $600.00 Commercial Water Assessments 30 hours: $4,500.00 Technical/Integration Support 35 hours: $5,250.00 Extended Installation of OdinSight Submeter $15/day: $1,350.00 85 Page 5 of 7 4. SCHEDULE AND MILESTONES 4.1 TRAINING PROGRAM SCHEDULE OVERVIEW The Training Program will occur on June 24, 26, 27, 28 of 2024 during normal workday hours (i.e. 8am- 5pm). Mimir Water will coordinate with MSU to install submeters prior to Training Program dates. DESCRIPTION DATE TO BE COMPLETED ON or BEFORE Install Submeters 6/15/2024 Conduct Orientation Webinar(s) 6/21/2024 Training Day 1 6/24/2024 Training Day 2 6/26/2024 Training Day 3 6/27/2024 Training Day 4 6/28/2024 Remove Submeters 6/28/2024 10-hrs Follow-up Technical Support As needed. 4.2 COMMERCIAL WATER EFFICIENCY PROGRAM DEVELOPMENT SCHEDULE OVERVIEW Commercial Program Development will begin in July 2024. Specific tasks and projects will be developed and completed iteratively as the Commercial Program progresses. The City will contact Mimir Water for Program Development services, as needed. 5. DELIVERABLES 5.1 TRAINING PROGRAM DELIVERABLE OVERVIEW The Mimir Water™ Training Program is designed to provide a comprehensive introduction to commercial water use and conservation. The Training includes a technical review of commercial water equipment and systems, an introduction to commercial property stakeholders and procedures, and a field assessment. Upon completion of the Training Program, graduates will have an introduction to the following skills: 86 Page 6 of 7 • Evaluating water efficiency of irrigation, cooling and building systems; • Diagnosing mechanical and operational failure points in water systems; • Integrating water management into routines at commercial properties; • Applying advanced measurement technologies at commercial properties; • Installing ultrasonic clamp-on submeters; • Evaluating high-resolution water signatures; • Utilizing the Mimir Water Assessment App in residential and commercial audits; • Understanding effective strategies for communicating with property managers; and • Designing commercial conservation programs that get results. Itemized Deliverables Include: • Orientation Webinar: Scheduled prior to Training Day 1, as aligns with schedules. • Training Workbook: All attendees will receive a full color Training Program workbook. • Training Program: Below is a summary of typical training curriculum. The exact schedule is flexible and determined by access to the field assessment location and priorities. Mimir Water will work with the City staff to determine the best curriculum. Getting to Know the Commercial Customer o Making Change Happen o Aligning with Operational Priorities o Understanding the Efficiency Hierarchy o Connecting to Property Routines Audit Preparation o Water Use Analysis o Customer Communication Field Tools o Field Kits o Ultrasonic Clamp-on Submeters o Mimir Water Mobile App Technical Training on Systems/Equipment o Meters o Sanitary Fixtures o Water Filtration o Water-Cooled Systems o Steam Systems o Irrigation Systems o Cooling Systems o Leak Detection and Isolation • Project Recommendations and Reporting • Project Implementation and Support • Field Assessment: The field assessment will occur as aligns with the schedule and availability of the assessment location and staff. 87 Page 7 of 7 5.2 TRAINING PROGRAM DELIVERABLE SUMMARY DELIVERABLES Orientation Webinar Training Workbook Training – Classroom Instruction Training – Field Assessment 10-hours of Technical Support 1-year access to Mimir Water Mobile App 5.3 COMMERCIAL WATER EFFICIENCY PROGRAM DEVELOPMENT DELIVERABLE OVERVIEW Deliverables for the Commercial Program will depend upon the specific support requests and the existing water management conditions of commercial customer participants. Deliverables may include, but are not limited to, the following: • Installing submeters at commercial properties; • Identifying useful submeter locations; • Identifying malfunctioning or inefficient equipment and/or systems; • Identifying opportunities to integrate water management into existing routines; • Developing water management tracking tools, standard operating procedures, useful technologies; • Training commercial customer stakeholders; and • Documenting case studies for program and customer tracking and communication. Mimir Water and City staff will identify deliverables as projects develop. 6. PAYMENT TERMS Mimir Water Training Program: The Contractor will invoice the City as described in Section 3.1 after the final day of the Mimir Water Training Program. Commercial Program: The Contractor will invoice the City based on time and materials, as described in Section 3.2, on a monthly basis. The combined project total will not exceed $24,700.00 based on itemized costs outlined in Section 3 of this Scope of Services. 88 Memorandum REPORT TO:City Commission FROM:Nicholas Ross - Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign an Amendment 1 of the Gallatin Valley Metropolitan Planning Organization Cooperative Agreement MEETING DATE:June 11, 2024 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Motion to Approve Amendment No. 1 of the Gallatin Valley Metropolitan Planning Organization Cooperative Agreement 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:A memorandum of agreement establishing the Gallatin Valley Metropolitan Transportation Planning Process and creating the Gallatin Valley Transportation Policy Coordinating Committee was previously negotiated and signed by the city of Bozeman, City of Belgrade, Gallatin County, Montana Department of Transportation, and Gallatin Valley Urban Transportation District in January of 2024 as a foundational document to the creation of the Gallatin Valley Metropolitan Planning Organization, hosted by the city of Bozeman. The original agreement identified Belgrade's City Engineer or Designee as a voting member of the Transportation Policy Coordinating Committee (TPCC). Belgrade has requested this member designation be revised to Belgrade Public Works Director. This requested was agreed to by members of the TPCC. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Attachments: Amendment No.1 to 3-C Cooperative Agreement.docx Report compiled on: April 10, 2024 89 Page 1 of 3 FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT ESTABLISHING THE GALLATIN VALLEY METROPOLITAN TRANSPORTATION PLANNING PROCESS AND CREATING THE GALLATIN VALLEY TRANSPORTATION POLICY COORDINATING COMMITTEE THIS FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT establishing the Gallatin Valley Metropolitan Transportation Planning Process and creating the Gallatin Valley Transportation Policy Coordinating Committee, (the “Agreement”) is made and entered into this _____ day of ____________, 2024. This Agreement is made by and between the City of Bozeman, hereinafter referred to as “Bozeman,” the City of Belgrade, hereinafter referred to as “Belgrade”, the Gallatin County, hereinafter referred to as "County", Montana Department of Transportation hereinafter referred to as “MDT,” and the Gallatin Valley Urban Transportation District, hereinafter referred to as “Gallatin Valley UTD.” The above entities are collectively referred to as the “Parties.” 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.Modification of Voting Members. Section IV.A.4. shall be changed from “Belgrade City Engineer or designee,” to “Belgrade Public Works Director or designee.” 2.Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 90 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals the day and year firstabove written. APPROVED FOR CITY OF BOZEMAN Bozeman City Manager ATTEST: _______________________________ Bozeman City Clerk APPROVED FOR GALLATIN COUNTY _______________________________ Chair, Board of County Commissioners ATTEST: Gallatin County Clerk and Recorder APPROVED FOR CITY OF BELGRADE _______________________________ Belgrade City Manager ATTEST: _______________________________ Belgrade City Clerk 91 Page 3 of 3 APPROVED FOR GALLATIN VALLEY URBAN TRANSPORTATION DISTRICT Chair, Gallatin ValleyUrban Transportation District APPROVED FOR STATE OF MONTANA DEPARTMENTOF TRANSPORTATION Rail, Transit, and Planning Division Administrator, Montana Department of Transportation Legal Counsel, Montana Department of Transportation 92 Memorandum REPORT TO:City Commission FROM:Kaitlin Johnson, Budget Analyst Melissa Hodnett, Finance Director Chuck Winn, Acting City Manager SUBJECT:2025 Biennium Detailed Budget Presentation with Questions and Answers MEETING DATE:June 11, 2024 AGENDA ITEM TYPE:Finance RECOMMENDATION:Listen to presentation, ask questions, and provide comments. 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:Municipal budgets serve a number of important functions. In additional to laying out a spending plan for the City and allocating resources to meet the diverse needs of the community, Bozeman's budget: Is a principal policy and management tool for the City's administration, reflecting and defining the work program; Provides a framework for the City to accomplish its vision and strategic plan; and Reflects core City values of integrity, leadership, service, and teamwork. The presentation tonight, June 11th, will summarize key information included in the 2025 Biennium City Manager's Recommended Budget. It will include opportunities for the City Commission to ask questions and for the public to comment on the recommended budget. Budget deliberation and final adoption is scheduled for June 25, 2024. The document is available for review in the City Clerk's office, or on the City's website. It includes information about the budget process, inputs to the process, City departments, and financial management of the City. UNRESOLVED ISSUES:None. ALTERNATIVES:Alternatives to the Recommended Budget may be proposed as an amendment at budget adoption on June 25th. FISCAL EFFECTS:This presentation has no immediate fiscal impacts but serves as an integral part of the budget adoption process for the 2025 Biennial Budget, which 93 begins July 1, 2024 and ends June 30, 2026. Report compiled on: May 30, 2024 94 Memorandum REPORT TO:City Commission FROM:Greg Sullivan, City Attorney SUBJECT: Ordinance 2157 Provisional Adoption Generally Revising BMC Article 2, and Adopting Reasonable Time, Place, and Manner Requirements for Public Participation and Decorum during City Commission and Board Meetings MEETING DATE:June 11, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION: Adopt the Ordinance as submitted. STRATEGIC PLAN:3.3 Friendly Community: Ensure Bozeman continues to welcome diversity through policies and public awareness. BACKGROUND: The public’s right to participate in the decisions of the Bozeman City Commission, and the corresponding right to speak, are cornerstones of the Montana and Federal Constitutions. A City Commission meeting is also the time and place for the Commission to conduct the business of the City in a way that is civil, respectful, and inclusive. Ordinance 2157, if adopted, would establish reasonable, content neutral time, place, and manner requirements for public participation at meetings of the City Commission and City boards and also establish procedures for the Commission to address conduct that disrupts a Commission meeting. Ordinance 2157 not only adopts content neutral time, place, and manner requirements, as discussed below, the Ordinance also proposes minor amendments to several existing sections of Chapter 2, Article 2, BMC. These include: (i) establishing a requirement that public comment fall within the purview and jurisdiction of the City; (ii) repealing the optional concept review agenda type as it is no longer used; (iii) providing the presiding officer the authority to request members of the public indicate whether they reside in or own property in the City and repealing the requirement for the commenters to provide their physical address; and (iv) making other minor changes to the Commission’s rules of procedure including modernizing the language related to the use of synchronized electronic communication during Commission meetings. 95 As noted, the main focus of Ordinance 2157 is amending the “decorum/public participation” rules for those attending a Commission meeting and the type of conduct that is prohibited. As the Commission must conduct city business in an orderly, efficient, and productive manner, the proposed content neutral time, place, and manner requirements implement free speech principles under the United States and Montana Constitutions as well as the public’s right to know and participate under the Montana Constitution. The following are important components of the proposed decorum/public participation rules (see Section 7 of Ordinance 2157): The only aspects of the Commission’s rules of procedures proposed for amendment are those listed in the proposed ordinance. All other existing rules of chapter 2, article 2 of the Bozeman Municipal Code which are not listed in Ordinance 2157 are not affected by the proposed ordinance. The rules can be enforced by the meeting’s presiding officer or by three commissioners. As such, throughout the proposed ordinance, any action that is to be taken by the presiding officer can also be taken by three or more commissioners independent of the presiding officer. The only exception to the presiding officer’s authority is under 2.02.120.I which proposes a majority of the Commission must act to prohibit a person from attending future meetings. The existing rules related to the Commission’s interactions with each other are not proposed for modification. See the Ordinance at 2.02.120.B. The presiding officer is authorized to establish time limits on public comment with the default rule that public comment is limited to three (3) minutes per speaker per agenda item. The time limit of three (3) minutes is currently established in 02.080.A.5, BMC. The presiding officer is authorized to determine whether public comment is relevant to the issue before the Commission; the proposed Ordinance provides a procedure if the presiding officer determines comments are not relevant. See Ordinance at 2.02.120.D. Proposed section 2.02.120.E establishes specific conduct that is prohibited. These requirements are meant for both in person and remote participation. These include: Complying with the time requirements established by the presiding officer; Addressing the issue before the commission (relevancy); Establishing behavioral and conduct requirements intended to allow all persons an opportunity to participate in the meeting and ensure the Commission meeting is efficient and orderly; and Prohibiting the use of signs, banners, props, etc. if the use disrupts the meeting. The Ordinance proposes establishing a size limit and other use limitations. If a person violates a time, place, or manner requirement and the 96 violation results in an actual disruption of the meeting, the presiding officer may order the person causing the disruption to cease and desist the conduct or behavior. See proposed Ordinance at 2.02.120.F. Under section 2.02.120.G, the presiding officer may order the person in violation to vacate the room where the meeting is occurring (or to be removed from remote attendance) if the person does not comply with an order to cease and desist. An order to vacate the room or building where the meeting is being conducted can only be made upon an additional warning to the person. The presiding officer may order removal of a person for certain single acts of behavior including the person is determined by the presiding officer to be an immediate threat to public safety. Proposed subsection H allows the presiding officer to direct the sergeant-at-arms (the chief of police or designee (see proposed subsection J establishing a sergeant-at-arms)) to remove the person. Proposed subsection I provides a process for the commission to prohibit a person from attending future commission meetings under specific circumstances. This process is designed to ensure due process for the person proposed to be prohibited from future meetings. Proposed subsection K establishes the practice for members of the public to present documents to the commission during a meeting and is reflective of current practice. Proposed subsection L makes these rules applicable to City boards and committees. Note: under the proposed process, a board does not have authority to prohibit a person from attending future meetings; that authority lies solely with the Commission. A violation of these rules is a misdemeanor. The proposed rules do not authorize jail time as a penalty. This is a change from the existing code as a violation of the current rules could be enforced using the City’s general penalty at 02.210, BMC, which includes possible jail time. Conduct which may be criminal under other state statutes, such as disorderly conduct or assault, may be charged outside of this Ordinance. UNRESOLVED ISSUES: None at this time. ALTERNATIVES:As directed by the City of Bozeman Commission. FISCAL EFFECTS:None identified. Attachments: Ordinance 2157 for Provisional Adoption.docx Report compiled on: May 30, 2024 97 Ordinance 2157 Page 1 of 12 ORDINANCE 2157 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, GENERALLY REVISING CHAPTER 2, ARTICLE 2, BOZEMAN MUNICIPAL CODE AND ADOPTING REASONABLE TIME, PLACE, AND MANNER REQUIREMENTS FOR PUBLIC PARTICIPATION AND DECORUM DURING CITY COMMISSION AND BOARD MEETINGS. WHEREAS, the City of Bozeman (the “City”) is authorized by the United States Constitution, the Bozeman City Charter, and Montana law to conduct City Commission meetings in an efficient and effective manner; and WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may exercise any power not prohibited by the constitution, law or charter and neither the Montana Constitution, state law, or the City Charter prohibits the City Commission from adopting this Ordinance; and WHEREAS, pursuant to the First Amendment to the United States Constitution, Article II, Sections 7 and 8 of the Montana Constitution, and Title 2, Chapter 3, MCA the City has the authority to impose reasonable, content neutral, regulations surrounding public participation in City Commission meetings while encouraging the public to participate prior to a final decision on matters of significant interest to the public; and WHEREAS, the United States Supreme Court and the Montana Supreme Court recognize a municipality may implement reasonable, content neutral regulations on public participation in local government meetings; and WHEREAS, Commission finds this Ordinance necessary to ensure all members of the public feel comfortable participating in City Commission and Cit Board meetings, and that meetings are productive, respectful, civil, and inclusive. 98 Ordinance 2157 Page 2 of 12 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings A. This section implements First Amendment to the United States Constitution, Article II, Sections 7 and 8 of the Montana Constitution, and Title 2, Chapter 3, MCA. B. This section establishes content neutral and reasonable time, place, and manner requirements on the conduct and behavior of members of the public, city commissioners, and city staff during public meetings. C. The purpose of a city commission meeting is to conduct city business in an orderly and efficient manner and to provide an opportunity for the public to participate prior to decisions of the city commission that are of significant interest to the public. In addition, city commission meetings must be conducted in an environment that is productive, respectful, civil, and inclusive. In exercising the right to participate, all members of the public have a corresponding responsibility to conduct themselves in a manner which ensures other members of the public can exercise the same rights. D. All meetings of the city commission, except executive sessions closed pursuant to 2-3- 203, MCA, are open to the public. Section 2 That section 2.02.050.B Meeting agendas – be amended as follows: B.The city manager shall prepare the commission regular meeting agenda and shall consult with the mayor in preparing the agenda. The mayor or any three commissioners may add to or remove an item from the agenda. The agenda shall be in substantially the following form: 1.Executive session (if required). 2.Pledge and moment of silence or mindfulness. 3.Changes to the agenda (if required). 4.Public service announcement (if required). 5.Approval of minutes. 99 Ordinance 2157 Page 3 of 12 6.Consent items (consent items are those which staff considers no discussion is necessary, including resolutions; however, at the beginning of each meeting, any commissioner may request items be removed from the consent agenda for the purpose of discussion). 7.Public comment on non-agenda items falling within the purview and jurisdiction of the commission. 8.Special presentations (if required). 9.Action items. 10. FYI/discussion. 11. Adjournment. The order of the above may be adjusted by the presiding officer. Section 3 That section 2.02.070. Meetings – be amended as follows: E.Optional concept reviews.The commission may, at the request of a landowner, developer or other interested party considering the future submittal of a land use development application, conduct a concept review. Concept review is an initial, informal exchange of ideas prior to formal submittal of a land use development application. The commission's decision on any subsequently submitted formal application will be based on staff findings, the applicable criteria, applicant presentation, evidence submitted and public testimony provided at a regular meeting or public hearing. A final decision regarding any item discussed during a concept review may not be based on information provided during the concept review. Formal public comment will be received during review of a formal application; however, the commission may, at its discretion, accept questions and written comment from the public during the concept reviews. The commission is not bound by Robert's Rules of Order during concept reviews. And that subsections F, G, and H shall be renumbered as E, F, and G, respectively. Section 4 That section 2.02.080.A. Order of presentation/public participation – be amended as follows: The order of presentation in which agenda items are presented to the commission shall be as follows: 1.The city manager shall present or introduce an agenda item to the commission. 100 Ordinance 2157 Page 4 of 12 2.The city staff may present a background report on the matter for discussion. Upon conclusion of a staff report, commissioners may ask questions of staff for the purposes of understanding and clarification. If the agenda item is a public hearing, the presiding officer will open the public hearing prior to staff presentation. 3.If applicable, comments from the applicant, or his agent, shall be heard by the commission. The applicant's presentation/testimony is limited, subject to the discretion of the presiding officer, to ten minutes. 4.After being recognized by the presiding officer, a commissioner may direct questions to the staff or applicant. 5.Members of the audience or their agents may be invited to present testimony or evidence. To be recognized, each person desiring to give testimony or evidence shall step to the podium and, after being recognized, the presiding officer may request the speaker give their name, and state whether they are residents of the city or property owners within the city and address for the record.The audience presentation/testimony is limited to three minutes per speaker. The presiding officer may lengthen or shorten the time allotted for public testimony. The remainder of 2.02.080.A shall not be amended. Section 5 That section 2.02.100. - Rules of debate; reconsideration; conflict of interest; be amended as follows: A.Every commissioner desiring to speak shall address the presiding officer, and, upon recognition by the presiding officer, shall confine discussion to the question under debate, avoiding all personalities and indecorous language. B.A commissioner, once recognized, shall not be interrupted when speaking unless the commissioner is to be called to order, or as herein otherwise provided. If a commissioner, while speaking, is called to order, the commissioner shall cease speaking until the question of order is determined, and, if in order, the commissioner shall be permitted to proceed. C.Order of rotation in matters of debate or discussion shall be at the discretion of the presiding officer. D.Reconsideration of previous commission action. A motion to reconsider any action taken by the commission must be made on the day such action was taken. It must be made either immediately during the same session, or at a recessed and reconvened session thereof. Such motion shall be made by a commissioner of the prevailing side, but may be seconded by any commissioner, and may be made at any time and have precedence over all other motions or while a commissioner has the floor. It shall be debatable. Nothing herein shall be construed to prevent any commissioner from making or remaking the same or any other motion at a 101 Ordinance 2157 Page 5 of 12 subsequent meeting of the commission, but the matter must be duly scheduled as an agenda item. E.Conflict of interest. A commissioner may rely upon the advice of the city attorney as to whether the commissioner has a conflict of interest pursuant to law. If the commissioner is advised there is a conflict of interest, the commissioner shall must recuse himself or herself themselves, step off the dais, and refrain from discussion and vote except when the commissioner's participation is necessary to obtain a quorum or otherwise enable the commission to act. In such a case, the commissioner shall disclose the interest creating the appearance of impropriety and comply with the disclosure requirements of MCA 2-2-101 et seq., prior to performing the official act. Section 6 That section 2.02.110.C. – Open Meetings, remote meetings and email - be amended as follows: C.A majority of the commission shall not conduct synchronized email electronic discussions involving a matter over which the commission has supervision, control, jurisdiction, or advisory power. Synchronized email electronic discussions are email electronic exchanges among three or more commissioners within minutes of each other that create the quality of simultaneity similar to instant messaging or chat room discussions. Such discussions are characterized as an active exchange of information rather than the passive receipt of information. An example of synchronized email electronic discussion would be three commissioners sitting at their computers instantly exchanging emails communication concerning city business, whereas a passive receipt of information is where a commissioner receives an email a communication and responds in the normal course of time similar to responding by letter received in the mail. The commission shall not view emails or other electronic communication mechanisms concerning any matter on the agenda during a city commission meeting unless the submission is part of a specifically approved and adopted electronic public testimony program. Electronic communication mechanisms include text messaging or any other emerging technology that violates the spirit of open meeting laws. This does not preclude viewing emails or electronic communication mechanisms that were received prior to the commission meeting. Emails Electronic communication received by commissioners concerning an agenda item must be forwarded to the city clerk and retained in accordance with the city's record retention policy. 102 Ordinance 2157 Page 6 of 12 Section 7 That section 2.02.120 be repealed in its entirety and replaced by: Sec.2.02.170 Decorum/Public Participation A. The presiding officer or any three commissioners are authorized to enforce this section and to establish procedures to aid in the implementation and enforcement of this section. B. While the commission is in a session, all commissioners must preserve order and decorum, and a commissioner shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the commission nor disturb any member while speaking or refuse to obey the orders of the commission or its presiding officer. C. As the public has an opportunity to provide written comment on agenda items prior to a city commission meeting, and to ensure an orderly and efficient meeting, the presiding officer may establish time limits for speakers providing oral comment at city commission meetings. Absent the presiding officer establishing an alternative time limit for public comment, the time limit for oral comment is three minutes per person on each agenda item. D. The presiding officer may determine if public comment falls within the purview and jurisdiction of the city commission. If the presiding officer determines a public comment is not within the purview and jurisdiction of the city commission, the presiding officer may require the person to explain how their comments are within the purview and jurisdiction of the city commission. After such inquiry, if the presiding officer determines a person’s comments are outside of the purview and jurisdiction of the city commission, the presiding officer may order the commenter to cease speaking. E. The following are reasonable time, place, and manner requirements applicable to members of the public attending a city commission to enable the city commission to conduct orderly and efficient meetings. All persons attending a city commission meeting must comply with the following: a. Time limits for oral public comment established by the presiding officer. b. A person must only address the issue before the city commission for which public comment is being taken and, subject to the authority of the presiding officer as provided for in subsection (D) of this section, must refrain from comments that are not relevant to the issue before the city commission. 103 Ordinance 2157 Page 7 of 12 c. A person must not engage in the following conduct or behavior: i. make unduly repetitive comments; ii. speak without being recognized by the presiding officer; iii. continue to speak after the allotted time has expired; iv. attempt to engage the audience rather than the city commission; v. disturb or interrupt any individual while speaking; vi. engages in behavior that impedes the city clerk’s ability to manage the on-line components of the meeting; vii. physically interfere with the orderly operation of a meeting; viii. physically assault another person; ix. damage city property; x. cheer, boo, clap, stomp feet, whistle, yell, or make other similar audible outbursts; xi. use any artificial noise-making device; or xii. use loud, threatening, abusive, or obscene language. d. The use or display of signs, banners, props, or other similar accessories is permitted; however, any signs, banners, props or other accessories must not disrupt the meeting or obstruct the view of audience members. Signs, banners, props, or other similar accessories larger than 8 1/2 inches by 11 inches are prohibited and the same shall not be illuminated or attached to any pole, stick, or other device. F. The presiding officer may declare a person to be in violation of subsection (E) if the presiding officer determines the conduct or behavior prohibited by subsection (E) actually disrupts the orderly and efficient operation of the meeting. In doing so, the presiding officer must identify the provision of subsection (E) being violated, the behavior or conduct the person is engaging in, and find the meeting is being disrupted. Upon such determination the presiding officer may order the person committing such conduct or behavior to cease and desist. G. A person may be ordered to vacate the room or building in which the meeting is being conducted, or may be disconnected from remote participation by the city clerk, under the following circumstances: a. If the presiding officer declares a person to be in violation of subsection (E) and the person does not comply with the presiding officer’s order to cease and desist pursuant to subsection (F), and upon one additional warning by the presiding officer for the person to cease and desist, the presiding officer may order the person to immediately vacate the meeting or may order the clerk to disconnect the person from remote participation; or 104 Ordinance 2157 Page 8 of 12 b. The presiding officer determines the conduct or behavior of a person constitutes an immediate threat to public safety. Behavior or conduct that constitutes an immediate threat to public safety includes but is not limited to throwing objects, damage to city property, assault on a person, or specific threats of harm to others with the apparent present ability to carry out such threats. A person who is ordered to vacate the commission meeting, and who was attending either in person or via remote participation, is barred from attending the remainder of that city commission meeting both remotely and in person. H. If a person ordered to vacate a meeting does not voluntarily and immediately do so, the presiding officer may direct the sergeant-at-arms to remove that person from the meeting. I. The commission may prohibit a person from attending future meetings of the city commission in person or remotely pursuant to this subsection. a. A person may be prohibited from attending future city commission meetings in the following circumstances: i. The person has been ordered to vacate two prior commission meetings and is ordered to vacate a third and for which all three orders to vacate result from actual disturbance of the meeting; ii. A person while attending a commission meeting or in the building in which a commission meeting is occurring disturbs the meeting by threatening another with physical harm; iii. A person disturbs a commission meeting by physically assaulting another while attending a meeting or while in the building in which a commission meeting is occurring; iv. A person is convicted of violating a criminal statute for behavior or conduct that disturbs a city commission meeting while attending a city commission or while located on city real property; v. A person physically damages city property or the property of another while attending a commission meeting or while located on city real property and the damage disturbs a city commission meeting; or vi. A person has been issued a trespass order for the building in which the commission meeting is occurring (in such a case, the presiding officer may authorize the person to appear through remote means only). b. To prohibit a person from attending commission meetings under this section, the commission must find the conditions stated in 2.02.170.I.a have been met. The motion seeking to prohibit a person from future commission meetings must specify the length of the prohibition. The commission must also specify whether 105 Ordinance 2157 Page 9 of 12 the person is prohibited from attending commission meetings in person, remotely, or both. The motion can be made without prior notice to the person prohibited. c. Persons have the right to request reconsideration of the decision of the city commission if they are prohibited from attending a future meeting of the city commission under this subsection (I). A person prohibited from attending future city commission meetings must submit a request for reconsideration, in writing, within thirty (30) days of the decision of the city commission to prohibit the person from attending future meetings. The appeal must be presented to the city commission by delivering a written statement to the city clerk addressing the basis of the appeal. Any documents submitted to the city clerk related to the request for reconsideration are public information. The city clerk will schedule a public hearing on the request for reconsideration for the next available city commission meeting. At the time of the hearing on the request for reconsideration, the person seeking to have the city commission reconsider the prohibition on attending future meetings may be represented by legal counsel. The person prohibited may not attend the commission hearing in person but may attend through remote means. J. Sergeant-at-Arms. The chief of the police department is the sergeant-at-arms for all city commission meetings and must enforce all orders of the presiding officer or majority of commission. The chief of police may assign an employee of the police department to act as sergeant-at-arms. K. Documents or other evidence intended for distribution to the city commission and all materials to be presented to the city commission and which are provided at a meeting of the commission must be provided to the city clerk for inclusion in the record. L. Section Applicable to Boards/Committees. The provisions of this section are applicable to all city boards and committees where the majority of members are appointed by the city commission, the mayor, or a combination thereof. Wherever in this section it refers to the city commission, the name of the board or committee conducted a public meeting shall be substituted. The presiding officer of a board or committee is the duly appointed chair. The presiding officer of a board may enforce these rules, or the rules may be enforced by a majority of the quorum present at a board or committee meeting. A board may not prohibit a person from attending future board meetings pursuant to 2.02.170.I. Only the city commission has the authority to prohibit a person from attending future board meetings. 106 Ordinance 2157 Page 10 of 12 M. Violation a misdemeanor. Any person who violates this section is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $500.00 and in addition shall pay costs and expenses of the case. Section 8 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this Ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 9 Savings Provision. This Ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 10 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 11 Codification. The provisions of Section 2-8shall be codified as appropriate in Chapter 2of the Bozeman Municipal Code. Section 12 Effective Date. 107 Ordinance 2157 Page 11 of 12 This Ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the __ day of _______, 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 therefor held on the __ day of _________ 2024. ____________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: 108 Ordinance 2157 Page 12 of 12 ________________________________ GREG SULLIVAN City Attorney 109 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director Chuck Winn, City Manager SUBJECT:Urban Renewal District Work Session MEETING DATE:June 11, 2024 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Listen to the presentation and provide staff with feedback and direction on the urban renewal program, as needed. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The City of Bozeman has five urban renewal districts and one technology district, which utilize a tax increment financing (TIF) provision. The Downtown Urban Renewal District is managed under a contract with the Downtown Bozeman Partnership. The remaining districts are managed by the City. In fall 2023, the City Commission voted to delegate its urban renewal powers to the City Manager, who assigned the authority for these districts to the Director of Economic Development. Annual work plans and budgets are presented to the City Commission for approval. All contracts and development agreements are also approved by the City Commission in the same manner as any other City department. For this work session, staff will provide a high level overview of each district plan and discuss efforts to implement the adopted plans for each district. These efforts typically involve public infrastructure investments and an effort to reverse a stagnating or declining tax base in the districts by attracting new private investment. In 2021, the Montana Legislature added workforce housing as an eligible use of tax increment funds. Since then, TIF is the most important financial tool the City is using to drive workforce housing production. Staff will provide an overview of our efforts on using TIF to attract private investment in workforce housing. Urban Renewal Plans are adopted by Ordinance following noticed public hearings before the Community Development Board (acting as a Planning Board) pursuant to the Montana Code Annotated. Links to adopted Urban 110 Renewal Plans are provided. Downtown Urban Renewal Plan 1995 (as amended 2015) Midtown Urban Renewal District 2005 (as amended 2015) Midtown Action Plan 2017 Northeast Urban Renewal Plan 2005 South Bozeman Technology District 2012 Ordinance South Bozeman Technology District Plan North Park Urban Renewal District Pole Yard Urban Renewal District 2020 UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None at this time. Report compiled on: May 29, 2024 111