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HomeMy WebLinkAbout06-25-2024- City Commission Agendas & Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda D. Public Service Announcements E. FYI F. Commission Disclosures G. Approval of Minutes G.1 Approve the Regular Meeting Minutes from:  06-11-24 City Commission Meeting (Maas) H. Consent THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, June 25, 2024 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to comments@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact the City Clerks' Office at 406.582.2320. This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 933 7244 1920 Consider the Motion: I move to approve the combined City Commission minutes as submitted . 1 H.1 Accounts Payable Claims Review and Approval (Armstrong) H.2 Formal Cancellation of the July 2, 2024 Regular City Commission Meeting (Maas) H.3 Request for Authorization to Write-Off Stale-Dated Accounts Payable Checks from the City's General Accounting Ledger(Clark) H.4 Ratify the Signature of the City Manager on the Grant Contract with Montana Department of Commerce Coal Endowment Program Contract MT-MCEP-PL-25-015 for Bozeman Creek Flood Conveyance Preliminary Engineering Report(Kohtz) H.5 Authorize the City Manager to Sign a Memorandum of Understanding with the Big Sky Sustainability Network Organization (Big Sky SNO), Montana State University's Office of Sustainability, and the Western Transportation Institute (WTI)(Mastel) H.6 Authorize the Interim City Manager to Sign Professional Services Master Task Order Agreements for On-call Hydraulic Modeling and Asset Management Services with the Following Three (3) qualified firms: AE2S, DOWL, and HDR(Lehigh) H.7 Authorize the City Manager to Sign a Professional Services Agreement with VDA, Inc., for Vertical Transportation Consulting Services on the Professional Building Elevator Modernization Project(Ziegler) H.8 Authorize the City Manager to Sign a Professional Services Agreement with Allied Engineering Services, Inc., for the Bozeman Creek Flood Conveyance Preliminary Engineering Report(Kohtz) H.9 Authorize the Interim City Manager to Sign a Task Order 4 with Sanderson Stewart for On- Call Miscellaneous Professional Services for the Midtown Urban Renewal District(DiTommaso ) H.10 Authorize the Interim City Manager to Sign a Task Order 005 with Sanderson Stewart for On- Call Miscellaneous Professional Services for the Economic Development Department(DiTommaso) H.11 Authorize the City Manager to Sign Task Order DTN24-001 with Sanderson Stewart for On- Call Miscellaneous Architectural and Engineering Services(Staley) H.12 Resolution 5605, Certification of Delinquent City Assessments to the County (Hodnett) H.13 Ordinance 2157, Final 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) I. Public Comment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be 2 J. Action Items J.1 Resolution 5603 Adopting the Sunset Hills Cemetery Fee Schedule for Fiscal Years 2025 Through FY 2029(Overton) J.2 Resolution 5600 Adopting the FY25 Annual Operating Budget and the 2025 Biennial Budget(Hodnett) K. Appointments K.1 Appointments to the Sustainability Board(Maas) K.2 Appointments to the Historic Preservation Advisory Board (Maas) K.3 Appointments to the Downtown Urban Renewal District Board (Maas) K.4 Appointments to the Downtown Bozeman Business Improvement District Board (Maas) K.5 Appointment to the Gallatin County Water Quality District (Maas) K.6 Appointment to the Library Board of Trustees(Maas) respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository. Consider the Motion: I move to adopt Resolution 5603 amending the Fee Schedule for the Sunset Hills Cemetery for fiscal years 2025 through FY 29 Consider the Motion: I move to adopt Resolution 5600. I move to appoint four members to the Sustainability Board to terms ending December 31, 2025. Consider the Motion: I move to appoint two members to the Historic Preservation Advisory Board to the professional designation, two at-large positions with a terms expiring June 30, 2026. AND I move to appoint [INSERT NAMES] as Chair and Vice-Chair. Consider the Motion: I move to appoint three Voting Mayoral Appointment, term expiring June 30, 2028 and one Voting Mayoral Appointment, term expiring June 30, 2026 to the Downtown Urban Renewal District Board. AND I move to designate [INSERT NAME] as the Vice-chair of the Downtown Urban Renewal District Board. Consider the Motion: I move to appoint two at-large members to the Downtown Bozeman Business Improvement Board for terms ending June 30, 2028. Consider the Motion: I move to appoint one member as the City Commission's designee and Mayor Cunningham as the Commission's voting member to the Gallatin County Water Quality District Board. Consider the Motion: I move to appoint one member to the Library Board of Trustees for a term ending June 30, 2029. 3 L. FYI / Discussion M. Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 4 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Chuck Winn, Interim City Manager SUBJECT:Approve the Regular Meeting Minutes from: 06-11-24 City Commission Meeting MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Minutes RECOMMENDATION:Consider the Motion: I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerks' Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment In addition to the City Commission, many City Boards utilize the system as well. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. Users are always welcome to contact the City Clerks' Office at 406.582.2320 or email BozemanClerksDepartment@bozeman.net for assistance. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None Attachments: 5 06-11-24 City Commission Meeting Minutes.pdf Report compiled on: March 11, 2024 6 Bozeman City Commission Meeting Minutes, June 11, 2024 Page 1 of 6 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES June 11, 2024 Present: Terry Cunningham, Joey Morrison, Jennifer Madgic, Douglas Fischer, Emma Bode Absent: None Excused: None Staff at the Dias: Interim City Manager (ICM) Chuck Winn, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A) 00:30:28 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:31:45 Pledge of Allegiance and a Moment of Silence C) 00:32:37 Changes to the Agenda D) 00:32:46 FYI • ICM Winn announced that the city is recruiting an at-large member to serve on the Gallatin Valley Metropolitan Planning Organization Transportation's Policy Committee. City's Traffic Calming program successes. Ribbon Cutting at Mountain Range Finder Medicine Wheel Project on southern end of Burke Park, Tuesday 4 pm, June 18th. E) 00:35:13 Commission Disclosures • Mayor Cunningham is an employee of Heart of the Valley Animal Shelter. F) Approval of Minutes F.1 Approve the Regular Meeting Minutes from: 05-14-24 Commission Meeting 05-14-24 City Commission Meeting Minutes.pdf 00:36:15 Motion to approve City Commission Minutes as submitted. Jennifer Madgic: Motion Joey Morrison: 2nd 7 Bozeman City Commission Meeting Minutes, June 11, 2024 Page 2 of 6 00:36:21 Vote on the Motion to approve City Commission Minutes as submitted. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None G) 00:36:38 Consent G.1 Accounts Payable Claims Review and Approval 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 RM88-records-destruction - BPL 05292024.pdf RM88 HR Destruction 2020-2023.pdf 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 Plat Sheet 1.pdf Plat Sheet 2.pdf Plat Sheet 3.pdf G.4 Authorize the Interim City Manager to Sign a PSA with Affion Public for Executive Recruitment Services Community Development Director PSA - Affion Public.pdf G.5 Authorize the City Manager to Sign a Professional Services Agreement with Mimir Water LLC. for Commercial Water Audit Training and Program Development PSA_Commercial Water Audit Training and Program Development_Mimir Water.pdf Exhibit A_Commerical Water Audit Training and Program Development_Scope of Services.pdf G.6 Authorize the City Manager to Sign an Amendment 1 of the Gallatin Valley Metropolitan Planning Organization Cooperative Agreement Amendment No.1 to 3-C Cooperative Agreement.docx City Manager Introduction ICM Winn presented the highlights of the Consent Agenda 00:38:39 Public Comment on Consent 00:38:55 Daniel Carty commented in support of moving Consent Item G.4 to the Action Item Agenda. 00:41:29 Dan Kaveney commented in opposition to hiring Recruitment Services. 8 Bozeman City Commission Meeting Minutes, June 11, 2024 Page 3 of 6 00:44:24 Alison Sweeney commented in support of hiring a candidate for the Community Development Director with a background in Historic Preservation. 00:46:44 Natsuki Nakamura commented in support of hiring locally for the Community Development Director position. 00:47:55 Angie Kociolek commented in favor of moving Consent Item G. 4. to the Action Item Agenda. 00:51:20 Motion to approve Consent Items G.1 - G.6 as submitted. Joey Morrison: Motion Emma Bode: 2nd 00:51:35 Vote on the Motion to approve Consent Items G.1 - G.6 as submitted. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None H) 00:51:53 Public Comment 00:52:43 Patty Dickerson commented in opposition to the Fowler connection project 00:55:43 Alison Sweeney invited the Commission to Patrick Condon's presentation at the Senior Center. 00:56:46 Anna Shchemelinin commented in favor of supporting essential services. 00:58:52 Maggie Harrison commented in opposition to the Fowler connection project. 01:01:03 Dave Weston commented in opposition to Pure West Christies International Real Estate lighting on North Rouse. 01:04:18 Anthony Smith commented in opposition to Police Interaction with Urban Campers 01:08:00 Marcia Kaveney commented in opposition to the Commission not moving Item G. 4 to the Action Item Agenda. I) 01:10:09 Action Items I.1 01:10:13 2025 Biennium Detailed Budget Presentation with Questions and Answers 9 Bozeman City Commission Meeting Minutes, June 11, 2024 Page 4 of 6 01:10:17 ICM Winn Introduced Action Item I. 1 Staff Presentation 01:13:16 Finance Director (FD) Melissa Hodnett presented the Budget Agenda, Commission Agenda Timeline, City-Wide Resources 2025 Biennium, City-Wide Appropriations 2025 Biennium, Cost Allocated Budgets, Central Services Appropriations, Central Service Cost Allocations, Public Works Administration Appropriations, Vehicle Maintenance Fund, Enterprise Funds, Utility Department Budgets, Cost of Water and Sewer Renovations, Water Fund Appropriations, Water Six-Year Projections, Wastewater Fund Appropriations, Wastewater Six-Year Projections, Stormwater Fund Appropriations, Utility Revenue Impacts to Homeowners, Solid Waste - Appropriations, Parking Fund, Special Revenue Funds, Transportation Department Budgets, Street Maintenance Special Assessment District, Arterial and Collector District/Impact Fees, Community Development, Building Inspection Appropriations and Revenues, Planning Fund Appropriations & Cost Recovery, Parks & Trails District, Community Housing, General Fund, General Fund 2025 Biennium, Police Department, Fire Department, General Fund Operating Revenue, Fiscal Challenges - General Fund Mid Range Model, Estimated Homeowner Impact - Recommended, Financial Summary, Next Steps. Questions of Staff Staff Answers 02:53:48 Mayor Cunningham called the Commission into recess. 02:59:39 Mayor Cunningham called the Commission back into session. 04:24:32 Mayor Cunningham extended the meeting to 10:15. 04:24:40 Public Comment on Action Item I. 1 04:25:03 Natsuki Nakamura commented in support of City Workers who are Teamsters. 04:26:15 Mark Woodard, CFO at HRDC commented on several budget points. 04:28:48 Mark Bond commented in support of funding the Gallatin County Housing Coalition. 04:32:17 Discussion 04:44:01 Mayor Cunningham extended the meeting until 10:30. I.2 04:44:22 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 Ordinance 2157 for Provisional Adoption.docx 04:44:34 ICM Winn presented Action Item I.2 Staff Presentation 10 Bozeman City Commission Meeting Minutes, June 11, 2024 Page 5 of 6 04:45:13 CA Sullivan presented Ordinance 2157, Purpose, Text of Ordinance, Decorum, Green applies to Commission behavior, Yellow applies to Public behavior, General Amendments to Chapter 2, Article 2, Bozeman Municipal Code, Time, Place, Manner Requirements, Prohibited Conduct, Standards Will Apply to City Boards, Proposed 04:55:54 Mayor Cunningham extended the Commission Meeting to 10:40. 04:56:02 Questions of Staff 05:07:46 Mayor Cunningham extended the Commission Meeting to 10:45. 05:07:58 Motion to provisionally adopt Ordinance 2157. Douglas Fischer: Motion Jennifer Madgic: 2nd Discussion 05:08:12 Public Comment on Action Item I.2 There was no Public Comment on Action Item I.2 05:12:42 Mayor Cunningham extended the Commission Meeting to 10:50. 05:14:30 Motion to amend the Ordinance to strike the size requirement from Section 2.02.170 E.D. Emma Bode: Motion Douglas Fischer: 2nd Discussion of the Amendment 05:15:51 Vote on the Motion to amend the Ordinance to strike the size requirement from Section 2.02.170 E.D. The Motion failed 2 - 3. Approve: Terry Cunningham Emma Bode Disapprove: Joey Morrison Jennifer Madgic Douglas Fischer 05:20:03 Vote on the Motion to provisionally adopt Ordinance 2157. The Motion carried 5 - 0. Approve: Terry Cunningham 11 Bozeman City Commission Meeting Minutes, June 11, 2024 Page 6 of 6 Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None J) Work Session J.1 Urban Renewal District Work Session K) 05:20:28 FYI / Discussion 05:21:45 ICM Winn outlined the opportunities for the Public to have input on the hiring process for the Community Development Director. L) 05:21:40 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: June 25, 2024 12 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 25, 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 26, 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 13 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Formal Cancellation of the July 2, 2024 Regular City Commission Meeting MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Administration RECOMMENDATION:Approve cancelling the regular City Commission meeting on July 2, 2024. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:The Mayor has decided not to meet on July 2, 2024. Per Bozeman Municipal Code Sec. 2.02.070.A.4, the Mayor or majority of the Commission may cancel a regular meeting if not business is scheduled for that meeting. This item formalizes this decision to cancel the meeting. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the City Commission. FISCAL EFFECTS:None. Report compiled on: March 20, 2024 14 Memorandum REPORT TO:City Commission FROM:Laurae Clark, City Treasurer Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Request for Authorization to Write-Off Stale-Dated Accounts Payable Checks from the City's General Accounting Ledger MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission approve the "writing-off" from the City's general accounting ledger stale Accounts Payable warrants (also known as checks) issued by the City over a year ago that have not been cashed by the recipient. 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:Per Section 7-6-4303 of Montana Code Annotated (MCA), the City may cancel municipal warrants that have remained outstanding or un-cashed for one year or longer. In alignment with MCA, this item requests that stale Accounts Payable checks (also known as warrants) issued by the City over a year ago that have not been cashed be "written off" of the General Ledger of the City. Attached to this report, the Commission will find details on the checks to be written off and information specific to attempts have made to contact check recipients. The Commission's action of writing-off these checks will not preclude the holder of a stale check from ever being paid the amount they are due. The action by the Commission will simply result in eliminating the effects of this stale activity from the City's Balance Sheet. This action allows the City to maintain records in conformity with Generally Accepted Accounting Principles which will be validated by the annual audit. UNRESOLVED ISSUES:Recipients of checks (also known as warrants) from the City who have not cashed them have not responded to multiple inquiries. Writing the checks out of the general ledger does not remove the opportunity for a recipient to later cash a check. In the event a written off check is cashed, funds will be 15 made available within the appropriate fiscal year's budgeted dollars which may include Reserve Funds. Reserve funds can be used for unexpected expenses such as these. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The total amount of checks to be written off of the General Ledger is $33,809.94. As a result, Cash (an asset) will be added back to the City's balance sheet with a corresponding amount recorded to "Abandoned Property" (a liability), resulting in no change in the City's Net Financial Position. Attachments: Stale Checks 061824.pdf Report compiled on: June 17, 2024 16 Bank Acct Check #Date Amount Business Name/Last Name First Name Address City State Zip Operating 236521 7/8/22 $24.51 JONES DAKOTA 12 FALCON WAY DURANGO CO 81301 Operating 236536 7/8/22 $35.99 LAREW ALLISON 409 E LAMME ST BOZEMAN MT 59715 Operating 236552 7/8/22 $33.33 MCFALL MADELYN 111 9TH ST APT 5 BELGRADE MT 59714 Operating 236602 7/8/22 $114.66 POPE BROOKS 409 MERIWETHER AVE BOZEMAN MT 59718 Operating 236701 7/20/22 $41.08 BECKWITH MATTHEW 646 POPO AGIE ST LANDER WY 82520 Operating 236709 7/20/22 $61.36 BROWN SYDNEY 4320 GLENWOOD DR UNIT B BOZEMAN MT 59718 Operating 236728 7/20/22 $6.50 DAINES SHARON 21 BLACK BULL TRL BOZEMAN MT 59718 Operating 236732 7/20/22 $150.00 DOMINGUEZ YESSICA 2220 W MAIN ST #9 BOZEMAN MT 59718Operating2367817/20/22 $9.92 KETTELS JACOB 313 N 19TH AVE BOZEMAN MT 59715 Operating 236884 7/20/22 $86.63 WINDELL SAGE 500 HIGH PKWY GOLDEN CO 80403 Operating 236950 7/27/22 $35.00 FIELD MARIANN 2402 DAWS DR UNIT B BOZEMAN MT 59718Operating2371898/3/22 $116.44 FOSTER ROBERT 2811 ALLISON CT BOZEMAN MT 59718Operating2372638/3/22 $50.00 SAGE COUNSELING LLC 3000 OLIVER ST BOZEMAN MT 59718 Operating 237395 8/10/22 $72.28 NIESON SAMANTHA CITY EMPLOYEE-ATTORNEY BOZEMAN MT 59715Operating2375298/17/22 $16.99 JONES KRISTAL 2103 BRIDGER DR BOZEMAN MT 59715 Operating 237623 8/24/22 $87.34 BAUER HALEY 25720 N 20TH AVE PHOENIX AZ 85085 Operating 237632 8/24/22 $9.88 BRENCE LINDSAY 51 BIG SKY LN MILES CITY MT 59301 Operating 237636 8/24/22 $59.97 BUCKLEY MARY 6430 FOXWOOD CT HELENA MT 59602 Operating 237642 8/24/22 $34.51 CARPENTER DECLAN 2961 N 27TH AVE APT 19 BOZEMAN MT 59718 Operating 237696 8/24/22 $66.47 KELLER AUREL 1935 SOUTHBRIDGE DR UNI C BOZEMAN MT 59718 Operating 237706 8/24/22 $40.90 LEAHY CONOR 21010 SE 45TH PL SAMMAMISH WA 98075 Operating 237728 8/24/22 $244.00 NG JOHN CITY EMPLOYEE-POLICE BOZEMAN MT 59715 Operating 237759 8/24/22 $14.52 SIMPSON ALTYN 15202 FRED BROWN RD HUNTERSVILL NC 28078 Operating 237782 8/24/22 $36.93 TROHKIMOINEN ERIN 900 CONSTITUTION AVE APT C21 FORT COLLINS CO 80521 Operating 237790 8/24/22 $95.63 WYPER SILAS 221 E OAK ST #405 BOZEMAN MT 59715 Operating 238085 9/14/22 $76.85 ELLIS NICOLE 89 RIVER RD BOZEMAN MT 59715 Operating 238106 9/14/22 $13.68 GOLDSMITH DICK 2521 W BABCOCK ST BOZEMAN MT 59715 Operating 238214 9/14/22 $48.87 SMITH STEVEN 2410 RENEE WAY BOZEMAN MT 59718 Operating 238442 9/28/22 $43.71 BOSWORTH PETER 2400 DURSTON RD UNIT 28 BOZEMAN MT 59718 Operating 238572 9/28/22 $35.10 STAIGMILLER COLE 1096 CASSANDRA LN UNIT A BOZEMAN MT 59718 Operating 238745 10/5/22 $77.42 LUNDQUIST JONAS 679 EMILY DR APT F BOZEMAN MT 59718 Operating 239348 11/2/22 $60.00 CHRISTIANSON ANDREW 4479 W BABCOCK ST BOZEMAN MT 59718 Operating 239502 11/16/22 $41.36 ADAMS NICHOLAS 910 N 17TH AVE BOZEMAN MT 59715 Operating 239554 11/16/22 $27.50 CUNNINGHAM CLIF 455 CHRISTOPHER WAY BOZEMAN MT 59718 Operating 239601 11/16/22 $11.57 HOLLE JOSHUA 1506 BUCKRAKE AVE BOZEMAN MT 59718 Operating 239630 11/16/22 $13.25 KREYER CONNELL 421 N 16TH AVE BOZEMAN MT 59715Operating23978611/23/22 $162.32 AMR BOZEMAN 2101 INDUSTRIAL DR BOZEMAN MT 59715 Operating 239891 11/23/22 $400.00 MELTON GRANT PO BOX 9382 MISSOULA MT 59807 Operating 239907 11/23/22 $175.00 NFPA PO BOX 9689 MANCHESTER NH 03108 Operating 239945 11/23/22 $9.71 SPITZER NICK 1157 WINDROW DR APT A2 BOZEMAN MT 59718 Operating 240231 12/7/22 $10.32 WENDT FRANCIS 107 PAISLEY CT APT C BOZEMAN MT 59715 Operating 240414 12/21/22 $242.00 BLACK STACK DIESEL & TOWING 5648 A JACKRABBIT LN BELGRADE MT 59714 Operating 240491 12/21/22 $400.00 LILLY JASMINE 102 EAGLE FJORD RD UNIT E BOZEMAN MT 59718 Operating 240642 1/4/23 $5.55 GARTHWAITE DYLAN Operating 240678 1/4/23 $21.68 MERSEREAU KALANI PO BOX 8 MANZANITA OR 97130 Operating 240835 1/11/23 $48.54 DRYSDALE FAMILY LLC 518 N BLACK AVE BOZEMAN MT 59715 Operating 240923 1/11/23 $121.60 WICHMAN KASPER 5180 SHERWOOD WAY UNIT A BOZEMAN MT 59718 17 Operating 241307 1/18/23 $139.05 HUNTER DAVID L & SUSAN L 1050 BOYLAN RD #9 BOZEMAN MT 59715 Operating 241314 1/18/23 $248.21 JACKIESHACK LLC 615 N BLACK AVE BOZEMAN MT 59715 Operating 241315 1/18/23 $89.72 JACKSON JAMES R 2420 TSCHACHE LN UNIT 203 BOZEMAN MT 59715 Operating 241356 1/18/23 $6.37 KREITINGER AARON THOMAS & LEAH NONA 3029 S 31ST AVE BOZEMAN MT 59718 Operating 241405 1/18/23 $165.30 MCGAUGHY BRUCE W & RITA F Operating 241463 1/18/23 $407.67 REESE-HARGROVE CYNTHIA 3529 FIELDSTONE DR W BOZEMAN MT 59715 Operating 241531 1/18/23 $399.93 SPECTRUM INVESTMENTS LLC 1850 OLD MAIN ST APT 2907 HOUSTON TX 77030 Operating 241780 2/1/23 $6.94 DELEPLANCQUE TYLER 1214 S 5TH AVE BOZEMAN MT 59715 Operating 241864 2/1/23 $50.00 NORTHWEST ELECTRIC GROUP LLC Operating 241880 2/1/23 $14.31 RITCHIE DANIEL IT EMPLOYEE BOZEMAN MT 59715 Operating 241893 2/1/23 $48.50 STOKHOF DE HONG SEBASTIAAN Operating 241963 1/30/23 $2,265.33 OPTUM BANK PO BOX 60099 NEWARK NJ 07101Operating2419882/8/23 $20.12 BENJAMIN AMANDA 110 SUNLIGHT AVE BOZEMAN MT 59718 Operating 242018 2/8/23 $598.77 EAN SERVICES LLC PO BOX 840173 KANSAS CITY MO 64184 Operating 242029 2/8/23 $55.00 FLATLAND GWEN 1425 S WILLSON AVE BOZEMAN MT 59715Operating2420312/8/23 $58.31 FOREMAN DYLAN 256 N TASSAJARA DR SAN LUIS OBISPO CA 93405 Operating 242055 2/8/23 $34.97 LAKIS KATRINA Operating 242115 2/8/23 $9.58 WOLD WOODROW W & BETTY L PO BOX 1931 BOZEMAN MT 59771 Operating 242435 2/22/23 $56.92 WATSON VINCENT 220 S 16TH AVE UNIT D BOZEMAN MT 59715 Operating 242745 3/8/23 $46.61 SANDERS DANIEL 913 JOHNSON DR GETTYSBURG PA 17325 Operating 243006 3/22/23 $11.03 HARPER GRAHAM & ALYSSA 188 WINTERGREEN LN BOZEMAN MT 59715 Operating 243140 3/29/23 $75.00 BRIDGER BUILDERS 115 KAGY BLVD STE L BOZEMAN MT 59715 Operating 243262 4/5/23 $6.52 CSER IVETT 6280 W 3RD ST APT 312 LOS ANGELES CA 90036 Operating 243283 4/5/23 $9.08 FAABORG DANIEL 2311 SPRUCE ST BILLINGS MT 59101 Operating 243314 4/5/23 $63.87 JACKSON COLE 782 ROOKERY LN UNIT 4 BOZEMAN MT 59718 Operating 243317 4/5/23 $40.00 JOHNSON KIM 106 E COLLEGE ST BOZEMAN MT 59715 Operating 243334 4/5/23 $7.61 KRUEGER KURT PO BOX 485 BUTTE MT 59703 Operating 243380 4/5/23 $12.42 RALSTON CATHERINE 3237 N 27TH AVE UNIT A BOZEMAN MT 59718 Operating 243582 4/12/23 $16.00 O'DONNELL SHAWN PATRICK WATER EMPLOYEE BOZEMAN MT 59715 Operating 243683 4/19/23 $31.65 FEUERSTEIN JOHN 321 CAMERON CREEK RD BOZEMAN MT 59718 Operating 243692 4/19/23 $12.85 GIBSON SHAYNA 201 S 11TH AVE BOZEMAN MT 59715 Operating 244213 5/10/23 $52.63 OLIVER JAMES 963 TWIN LAKES AVE UNIT A BOZEMAN MT 59718 Operating 244285 5/17/23 $73.27 BLODGETT GARRETT 4086 CARBON ST BOZEMAN MT 59718 Operating 244554 5/24/23 $3,128.03 NRS NORTHWEST RIVER SUPPLIES 2009 S MAIN ST MOSCOW ID 83843 Operating 244586 5/24/23 $16.00 TAYLOR COLETON WATER EMPLOYEE BOZEMAN MT 59715 Operating 244784 6/7/23 $29.41 ABERNATHEY SCOTT 1017 LOW LINE SPUR BELGRADE MT 59714 Operating 244855 6/7/23 $46.92 MACIAG CHLOE 3820 BLONDIE ST APT 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Municipal Court Checks $21,797.39 Grand Total of all Stale Checks $33,809.94 21 Memorandum REPORT TO:City Commission FROM:Shawn Kohtz, Director of Utilities SUBJECT:Ratify the Signature of the City Manager on the Grant Contract with Montana Department of Commerce Coal Endowment Program Contract MT- MCEP-PL-25-015 for Bozeman Creek Flood Conveyance Preliminary Engineering Report MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Ratify the Signature of the City Manager on the Grant Contract with Montana Department of Commerce Coal Endowment Program Contract #MT-MCEP-PL-25-015 for Bozeman Creek Flood Conveyance Preliminary Engineering Report STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City of Bozeman applied for a grant with the Montana Department of Commerce Coal Endowment Program. The grant is intended to develop a preliminary engineering report (PER) to evaluate options to mitigate the existing flood hazard to Bozeman, Montana by Bozeman Creek concentrated in downtown Bozeman near the Main Street area, a major thoroughfare in the city as well as a critical artery to the local hospital. Major flooding has occurred multiple times in this area over the last 50 years including extensive flooding in May 2011. The Bozeman Creek reach of interest is approximately 3.8 miles long through downtown starting upstream at Kagy Boulevard and continuing to the East Gallatin River. The reach includes about 22 bridges or structures including three “tunnels” totaling about 700 feet of stream length in the downtown district. The longest tunnel was built in 1890 and traverses under Main Street and two historic buildings. The reach is covered by four FEMA FIRM (Flood Insurance Rate Map) Panels with an effective date of 4-21-21. The floodplain model indicates that the tunnels are undersized by about half and force the flood to flow through town on various streets and routes that are deemed administrative floodways in the model. The City of Bozeman retained Allied Engineering Services, Inc. (AESI) in the past to perform detailed 2D modelling of numerous critical areas. The detailed modelling confirmed the flood hazard represented by the undersized tunnels was one of the main drivers of flooding in the downtown district. The historic tunnels have irregular cross 22 sections as well as limited open area. In addition, the tunnels are subject to plugging by flood debris (e.g., trees, branches, trash) which can exacerbate flooding beyond what is shown on the regulated FEMA flood maps. The City of Bozeman and cooperating non-profit organizations are partnering together for this work to develop sustainable solutions as part of the PER. There is considerable interest in opening the tunnel sections of Bozeman Creek back up to a natural looking and functioning creek channel able to convey the flood water but also providing other benefits including environmental services and recreation. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The grant award is for $40,000 with a local match requirement of $10,000. The Downtown Urban Renewal District Board committed to providing the $10,000 local grant match. Attachments: Montana_Department_of_Commerce_Contract_MT-M Report compiled on: June 12, 2024 23 1 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman MONTANA DEPARTMENT OF COMMERCE MONTANA COAL ENDOWMENT PROGRAM CONTRACT #MT-MCEP-PL-25-015 This agreement (“Contract”) is entered into by the City of Bozeman, Montana (“Grantee”) and the Montana Department of Commerce (“Department”). The Grantee and the Department hereby agree to the following terms: Section 1. PURPOSE The purpose of this Contract is to provide funding to the Grantee for infrastructure planning activities approved by the Department under the Montana Coal Endowment Program (“MCEP” or “Program”) as authorized by HB 11, passed by the 68th Legislature and as signed into law by Governor Gianforte on May 18, 2023 (Chapter 595, Laws 2023). The Montana Coal Endowment Program was formerly known as the Treasure State Endowment Program. Any references to the Treasure State Endowment Program or “TSEP” now refer to the Montana Coal Endowment Program as authorized by the 67th Montana Legislature in Senate Bill 258 (Chapter 330, Laws 2021). Section 2. AUTHORITY This Contract is issued under authority of Title 90, Chapter 6, Part 7 of the Montana Code Annotated (“MCA”), Title 8, Chapter 94, Subchapter 38 of the Administrative Rules of Montana (“ARM”), and the terms of Chapter 595, Laws 2023. Section 3. APPLICATION INCORPORATED BY REFERENCE The Grantee's application for Program assistance, including any written modifications or reports resulting from the review of the application by the Department (collectively “Project”), is specifically incorporated into this Contract by this reference and the representations made therein are binding upon the Grantee. Section 4. ACCEPTANCE OF PROGRAM REQUIREMENTS (a) The Grantee will comply with all applicable local, state, and federal laws as well as all applicable regulations, ordinances, and resolutions now in effect or as may be amended during the term of this Contract. In particular, Grantee will comply with the terms of Montana HB 11 (Chapter 595, Laws 2023), the terms of which are incorporated herein by reference. Grantee will comply with all administrative directives and procedures that may be established or amended by the Department for the Program, including the most current version of the MCEP Administration Guidelines for Infrastructure Planning Grants maintained by the Department. (b) The Grantee agrees that all contracts and subcontracts it enters into for the completion of the activities described in Section 6 will require such contractors, DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 24334 2 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman subcontractors, and subrecipient entities to also comply with all requirements placed on the Grantee in paragraph (a) of this Section. (c) The Grantee agrees to repay to the Department any funds advanced under this Contract that the Grantee, its contractors, subcontractors, or subrecipient entities, or any public or private agent or agency to which it delegates authority to carry out any portions of this Contract, expends in violation of: (i) the terms of this Contract; (ii) the statutes, and regulations governing the Program; (iii) or any applicable local, state, or federal requirements. (d) The Grantee acknowledges and agrees that neither the funding of the Project under this Contract nor any review of the final deliverables by the Department constitutes the Department’s approval or endorsement of the contents of such, and that such funding and/or review will have no influence on the Department’s ranking of a subsequent application from the Grantee for any project grant. Section 5. EFFECTIVE DATE AND TIME OF PERFORMANCE (a) This Contract shall take effect upon execution by the parties and will terminate on March 31, 2026 or upon approval of Grantee’s Project completion report by the Department, whichever is later, unless otherwise terminated in accordance with this Contract. (b) All authorized expenses to be reimbursed must be incurred by the Grantee between March 14, 2024 and no later than December 31, 2025. All requests for reimbursement must be submitted to the Department within ninety (90) days after December 31, 2025. (c) The activities to be performed by the Grantee will be completed according to the implementation schedule set forth in Exhibit A. The Grantee may modify the implementation schedule set forth in Exhibit A only with prior written approval of the Department. (d) The Grantee will procure its engineer or other primary contractor to complete the Project within six (6) months of the execution of this Contract or the Contract will terminate unless the Department determines, in its sole discretion, that Grantee has demonstrated substantial progress towards procuring an engineer. (e) The Department may grant an extension to this Contract upon request by the Grantee if the Department determines, in its sole discretion, that the Grantee has demonstrated progress toward completion of the Project, has engaged in a good faith effort to comply with the duties, terms, and conditions of this Contract, and that the failure to comply with any of those services, duties, terms, or conditions resulted from circumstances beyond the Grantee’s control. A written request for an extension must be submitted at least sixty (60) days prior to March 31, 2026. DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 25335 3 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman Section 6. SCOPE OF WORK The Grantee will complete the Project and administer this Contract in compliance with the Project management plan, including any amendments, approved by the Department. The Grantee will use Program funds for the following major components of the Project: • Preliminary conference call with the Department prior to beginning the Project to confirm Project components and design; • Professional Engineering Services to complete a Preliminary Engineering Report (PER) that meets the requirements and follows the format of the most recent edition of the Uniform PER Outline, to study the stormwater system; • Limited administration of this Contract pursuant to the most current version of the MCEP Administration Guidelines for Infrastructure Planning Grants; and • Submit one (1) electronic copy of the stormwater PER to the Department. Section 7. BUDGET (a) The total amount to be awarded to the Grantee under this Contract shall not exceed $40,000. (b) A copy of the Project budget is attached as Exhibit B and specifically incorporated herein by this reference. Any changes to the budget as proposed and incorporated within this Contract require a written request to and approval by the Department. (c) Any authorized funds not expended under this grant by the later date referenced in Section 5(b) or otherwise accounted for in accordance with the provisions of this Section will revert to the Department and will be used to finance other Program projects. Section 8. ACCESS TO AND RETENTION OF RECORDS (a) The Grantee agrees to create and maintain records supporting the services covered by this Contract, including but not limited to, financial records, supporting documents, and such other records as are required by law or other authority, for a period of five (5) years after either the termination date of the Contract or the conclusion of any claim, litigation, or exception relating to the Contract taken by the State of Montana or third party, whichever is later. These records will be kept in the Grantee’s offices. (b) The Grantee shall provide the Department, Montana Legislative Auditor, or their authorized agents access to any records related to the Project or otherwise necessary to determine contract compliance, at no cost to the Department, the DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 26336 4 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman Montana Legislative Auditor, or their authorized agents. Section 9. LIAISONS All project management and coordination on behalf of the Department shall be through a single point of contact designated as the Department’s liaison. Grantee shall designate a liaison that will provide the single point of contact for management and coordination of Grantee’s work. All work performed pursuant to this Contract shall be coordinated between the Department’s liaison and the Grantee’s liaison. The liaisons for this Contract are: For the Department: For the Grantee: Alisha Oellermann (or successor) Jamie Grabinski (or successor) Program Specialist, MDOC Grants Coordinator, City of Bozeman 301 S. Park Ave. 121 N. Rouse Ave P.O. Box 200523 Bozeman, MT 59715 Helena, MT 59620-0523 406-582-2364 406-841-2226 jgrabinski@bozeman.net alisha.oellermann2@mt.gov Section 10. METHOD OF REIMBURSEMENT (a) The Department will use the funds appropriated in HB 11 to fund infrastructure planning awards to Grantees that have received a notice of award letter from the Department. Grantee acknowledges that its access to Program funds is subject to their availability. (b) The Department agrees that, if and when the funds described in paragraph (a) of this Section are available, the Department will authorize the Grantee to request reimbursement from funding awarded for the Project. (c) The Department agrees to reimburse the Grantee for eligible Project costs incurred on or after the date identified in Section 5(b) upon the successful completion of activities set forth in Section 6. All reimbursements must be supported by adequate documentation requested by the Department and provided by the Grantee, and require Department approval of the Grantee’s request for reimbursement. In requesting reimbursement, the Grantee will follow the instructions supplied by the Department. (d) Payment to the Grantee for approved Project activities under this Contract will generally be in accordance with the disbursement schedule listed below: (i) Payment #1 – 50% of the grant award amount will be available after the Department receives a draft of the Project deliverables in accordance with the preliminary conference call. This draft will also serve to document that DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 27337 5 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman the Grantee is adequately proceeding toward the preparation of a complete and acceptable final product. (ii) Payment #2 – The remaining 50% of the grant award amount will be available after the Department receives a final copy of all required deliverables to be completed under the Contract, proof of matching funds, a Project completion report, and Grantee’s final request for funds. (e) The Department will not reimburse the Grantee for any costs incurred prior to the date identified in Section 5(b), any expenses not included in Exhibit B or an approved adjustment thereto, any ineligible expenses as set forth in the most current version of the MCEP Administration Guidelines for Infrastructure Planning Grants, or any expenses not adequately supported in writing by the Grantee's records. (f) As set forth in Section 17, if the Grantee fails to or is unable to comply with any of the terms and conditions of this Contract any costs incurred will be the Grantee's sole responsibility. (g) The Grantee understands and acknowledges that the Department will report to the Legislature and Legislative Interim Committees on the status of all Program projects in accordance with HB 11. If the Department determines that the Grantee has failed to commence its project in a timely manner or complete its Project by the date prescribed in this Contract, the Department may recommend to the Legislature that the Contract be terminated. If that occurs, any remaining Project funds will revert to the Department and may be used, at the Department’s discretion, to fund other Program grants. (h) The Department is allowed fifteen (15) business days to process a request for reimbursement once adequate supporting documentation has been received by the Department. The Grantee shall provide banking information before or at the time of Contract execution in order to facilitate electronic funds transfer payments. (i) If the Grantee changes one of its sources of funding or the cost of the Project increases after the Grantee has obtained the firm commitment of non-Program funds, the Department may, at its discretion, suspend the distribution of Program funds until the Grantee obtains a firm commitment of funds for the full Project budget. (j) The Department may reduce the Grantee’s amount of Program funds provided by this Contract if actual Project expenses are lower than projected by the Grantee in Exhibit B or the Grantee obtains a greater amount of grant funds from other sources than as presented in the Project application. (k) If the Department, in its sole discretion, determines that the Grantee has failed to satisfactorily carry out its responsibilities under this Contract or has breached DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 28338 6 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman the terms of this Contract, the Department may withhold reimbursement to the Grantee until such time as the Department and the Grantee agree on a plan to remedy the deficiency. (l) Requests for reimbursement for contracted or subcontracted services must include appropriate documentation demonstrating compliance with contract requirements. (m) The Grantee may not use monies provided through this Contract as payment for Project costs that are reimbursed from other sources. (n) The Department, in its sole discretion, may allow the Grantee to amend Section 6. The Department will review the following: likelihood to expend all grant funds prior to the deadline in Section 5(b); progress toward completion of the Project; good faith effort to comply with any of the duties, terms, and conditions of this Contract; and the failure to comply with any of those services, duties, terms, or conditions resulted from circumstances beyond the Grantee’s control. A written request for an amendment to Section 6 must be submitted at least sixty (60) days prior to the termination date of this Contract. Section 11. REPORTING REQUIREMENTS (a) Project Progress Reports: During the term of this Contract the Grantee will submit Project progress reports to the Department in conjunction with each request for reimbursement. These reports will describe the status of the activities set forth in Section 6, including, at a minimum, the percentage completed, costs incurred, funds remaining, and projected completion date. Additionally, the report must provide documentation supporting each claim for expenses to be reimbursed, describe any significant problems encountered in carrying out the Project, and the scope of any necessary modifications the Grantee is requesting in the Project scope of work, budget, or implementation schedule. The Department, at its sole discretion, may decline to honor any request for reimbursement if the required project progress report has not been submitted to or approved by the Department. (b) Project Completion Report: Upon completion of the Project, the Grantee will submit a final Project completion report for Department approval. The Project completion report will describe the total costs incurred for the Project, identify the final completion date, and summarize any significant problems encountered in carrying out the Project. Upon approval of the Project completion report, the Department will issue a notice of Project close-out. Section 12. PROJECT MONITORING The Department or any of its authorized agents may monitor and inspect all phases and aspects of the Grantee's performance to determine compliance with Section 6 of this Contract, the proper use of funds, and other technical and administrative requirements of DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 29339 7 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman this Contract, including the adequacy of the Grantee’s records and accounts. The Department may advise the Grantee of any specific areas of concern and provide the Grantee opportunity to propose corrective actions acceptable to the Department. Section 13. NOTICE All notices required under the provisions of this Contract must be in writing and delivered to the parties’ liaisons identified herein either by first class mail, electronic mail, or personal service. Section 14. REFERENCE TO CONTRACT The Contract number must appear on all invoices, reports, and correspondence pertaining to the Contract. If the number is not provided, the Department is not obligated to pay the invoice. Section 15. ASSIGNMENT, TRANSFER AND SUBCONTRACTING The Grantee may not assign, transfer, or subcontract any portion of this Contract without the Department's prior written consent. (§ 18-4-141, MCA). The Grantee is responsible to the Department for the acts and omissions of all Grantee’s subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Grantee. No contractual relationships exist between any subcontractor and the Department under this Contract. Section 16. CONTRACT AMENDMENT This Contract may not be enlarged, modified, or altered without a written agreement signed by all parties to the Contract. Section 17. TERMINATION OF CONTRACT This Contract may only be terminated in whole or in part as follows: (a) Termination Due to Loss or Reduction of Funding: The Department, at its sole discretion, may terminate or reduce the scope of this Contract if any funding sources are eliminated or reduced for any reason, including as permitted by Montana Code Annotated § 18-4-313(4). If a termination or modification is required, the Department may, if sufficient Program funds are available, compensate the Grantee for eligible services rendered and actual, necessary, and eligible expenses incurred as of the revised termination date. The Department will notify the Grantee of the effective date of the termination or modification of this Contract and, if a reduction in funding is required, provide the Grantee with a modified Project budget. (b) Termination for Cause with Notice to Cure Requirement: The Department may DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 30340 8 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman terminate this Contract for failure of the Grantee, its contractors, subcontractors, or subrecipient entities to perform or comply with any of the services, duties, terms, or conditions contained in this Contract after giving the Grantee written notice of the stated failure. The written notice will demand performance of the stated failure within a specified period of time not less than thirty (30) calendar days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period. (c) Effect of Termination: In the event of termination due to the Grantee's, its contractors’, subcontractors’, or subrecipient entities’ failure to perform or comply with any of the services, duties, terms, or conditions of this Contract, any costs incurred will be the sole responsibility of the Grantee. However, at its sole discretion, the Department may approve written requests by the Grantee for reimbursement of eligible expenses incurred. The Department's decision to authorize payment of any costs incurred or to recover expended Program funds will be based on a consideration of the extent to which the expenditure of those funds represented a good faith effort of the Grantee to comply with any of those services, duties, terms, or conditions of this Contract, and on whether the failure to comply with any of those services, duties, terms, or conditions resulted from circumstances beyond the Grantee's control. Section 18. COMPLIANCE WITH APPLICABLE LAWS Grantee shall, in performance of work under this Contract, fully comply with all applicable federal, state, or local laws, rules, regulations, and executive orders including but not limited to, the Montana Human Rights Act, the Equal Pay Act of 1963, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Grantee is the employer for the purpose of providing healthcare benefits and paying any applicable penalties, fees and taxes under the Patient Protection and Affordable Care Act [P.L. 111-148, 124 Stat. 119]. Any subletting or subcontracting by Grantee subjects subcontractors to the same provisions. In accordance with § 49-3-207, MCA, and Executive Order No. 04-2016. Grantee agrees that the hiring of persons to perform this Contract will be made on the basis of merit and qualifications and there will be no discrimination based on race, color, sex, pregnancy, childbirth or medical conditions related to pregnancy or childbirth, political or religious affiliation or ideas, culture, creed, social origin or condition, genetic information, sexual orientation, gender identity or expression, national origin, ancestry, age, disability, military service or veteran status, vaccination status, or marital status by the persons performing this Contract. Section 19. ACCOUNTING, COST PRINCIPLES, AND AUDITING (a) The Grantee, in accordance with §§ 2-7-503, 2-7-504, MCA, implementing administrative rules, and other authorities, must maintain for the purposes of this Contract an accounting system of procedures and practices that conforms to Generally Accepted Accounting Principles (“GAAP”). DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 31341 9 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman (b) The Department, any other legally authorized governmental entity, or their authorized agents may, at any time during or after the term of this Contract, conduct in accordance with §§ 2-7-503, 5-13-304, and 18-1-118, MCA and other authorities, audits for the purposes of ensuring the appropriate administration, expenditure of monies, and delivery of services provided through this Contract, at no cost to the Department. Section 20. AVOIDANCE OF CONFLICT OF INTEREST (a) The Grantee will comply with §§ 2-2-121, 2-2-201, 7-3-4256, 7-3-4367, 7-5-2106, and 7-5-4109, MCA, as applicable, and any other applicable local, state, or federal law regarding the avoidance of conflict of interest. (b) The Grantee agrees that none of its officers, employees, or agents will solicit or accept gratuities, favors, or anything of monetary value from contractors, subcontractors, or potential contractors and subcontractors, who provide or propose to provide services relating to the project funded under this Contract. (c) The Grantee shall promptly refer to the Department any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor, or other person has submitted any false claim or has committed any criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving funds provided under this Contract. Section 21. COMPLIANCE WITH WORKERS’ COMPENSATION ACT Grantees shall comply with the provisions of the Montana Workers’ Compensation Act while performing work for the State of Montana in accordance with Sections 39-71-401, 39-71-405, and 39-71-417, MCA. The Grantee accepts responsibility for supplying, and requiring all subcontractors to supply, the Department proof of compliance with the Montana Worker’s Compensation Act while performing work for the State of Montana. The Grantee agrees that neither the Grantee nor its employees are employees of the state. Proof of compliance must be in the form of workers’ compensation insurance, an independent contractor's exemption, or documentation of corporate officer status. This insurance/exemption must be valid for the entire term of the Contract. Proof of compliance and renewal documents must be sent to the Department within thirty (30) calendar days of Contract execution. Section 22. OWNERSHIP AND PUBLICATION OF MATERIALS All reports, information, data, and other materials prepared by the Grantee or any of its contractors or subcontractors in furtherance of this Contract are the property of the Grantee and the Department. Both Grantee and the Department have the royalty-free, nonexclusive, and irrevocable right to reproduce, publish, authorize others to use, and to otherwise use, in whole or part, such property and any information relating thereto. No DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 32342 10 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman material produced in whole or part under this Contract may be copyrighted or patented in the United States or in any other country without the prior written approval of both the Department and the Grantee. Section 23. INSURANCE (a) General Requirements: Grantee must maintain and assure that its representatives, assigns, and subcontractors maintain for the duration of the Contract, at their own cost and expense, primary liability insurance against claims for injuries to persons or damages to property, including contractual liability, that may arise from or in connection with the performance of the duties and obligations in the Contract by Grantee, its agents, employees, representatives, assigns, or subcontractors. This insurance must cover such claims as may be caused by any negligent act or omission. The State, its officers, officials, employees, and volunteers must be covered as additional insureds for all claims arising out of the use of grant proceeds provided by the State of Montana. (b) Primary Insurance: Grantee’s insurance coverage must be primary insurance with respect to the State of Montana, its elected or appointed officers, officials, employees, or volunteers and the State’s insurance will not contribute with it. (c) General Liability Insurance: At its sole cost and expense, Grantee must purchase and maintain occurrence coverage with minimum combined single limits of $1 million per occurrence and $2 million aggregate per year, or as established by statutory tort limits of $750,000 per claim and $1,500,000 per occurrence as provided by a self-insurance pool insuring counties, cities, or towns, as authorized under Section 2-9-211, MCA. (d) Professional Liability Insurance: Grantee shall assure that any representatives, assigns, and subcontractors performing professional services under this Contract purchase occurrence coverage with combined single limits for each wrongful act of $1,000,000 per occurrence and $2,000,000 aggregate per year. Note: if "occurrence" coverage is unavailable or cost prohibitive, the contractor may provide "claims made" coverage provided the following conditions are met: (1) the commencement date of the Contract must not fall outside the effective date of insurance coverage and it will be the retroactive date for insurance coverage in future years; and (2) the claims made policy must have a three (3) year tail for claims that are filed after the cancellation or expiration date of the policy. (e) General Provisions: All insurance coverage must be with a carrier licensed to do business in the State of Montana and with a Best’s rating of at least A-, or by a public entity self-insured program either individually or on a pool basis as provided by Title 2, MCA. All certificates and endorsements must be received by the Department prior to beginning any activity provided for under the Contract. Grantee must notify the Department immediately of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 33343 11 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman etc. The Department reserves the right to request complete copies of Grantee’s insurance policy, including endorsements, at any time. Section 24. HOLD HARMLESS AND INDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify and hold harmless State, its elected and appointed officials, officers, agents, directors, and employees from and against all claims, damages, losses and expenses, including the cost of defense thereof, to the extent caused by or arising out of the Grantee’s negligent acts, errors, or omissions in work or services performed under this Contract, including but not limited to, the negligent acts, errors, or omissions of any subcontractor or anyone directly or indirectly employed by any subcontractor for whose acts subcontractor may be liable. Claims under this provision also include those arising out of or in any way connected with the Grantee's breach of this contract, including any Claims asserting that any of the Grantee's employees are actually employees or common law employees of the State or any of its agencies, including but not limited to, excise taxes or penalties imposed on the State under Internal Revenue Code (“Code”) §§ 4980H, 6055 or 6056. Section 25. DEFAULT Failure on the part of either party to perform the provisions of the Contract constitutes default. Default may result in the pursuit of remedies for breach of contract as set forth herein or as otherwise legally available, including but not limited to damages and specific performance. Section 26. DEBARMENT The Grantee certifies and agrees to ensure during the term of this Contract that neither it nor its principals, contractors, subcontractors, or subrecipient entities are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Contract by any governmental department or agency. Section 27. FORCE MAJEURE Neither party will be liable for any failure or delay in performing its duties in this agreement due to Force Majeure Events. “Force Majeure Event” means an event or circumstance beyond a party’s reasonable control, such as natural catastrophes and acts of terrorism or war, and the consequences of that event or circumstance. Force Majeure Event does not include a strike or other labor unrest that affects only that party, an increase in prices or other change in general economic conditions, a change in law, or an event or circumstance that results in that Party’s not having sufficient funds to comply with an obligation to pay. If a Force Majeure Event continues for 30 days, the other party may terminate this agreement or suspend payments while the event continues. DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 34344 12 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman Section 28. SEPARABILITY A declaration by any court, or any other binding legal forum, that any provision of the Contract is illegal or void shall not affect the legality and enforceability of any other provision of the Contract, unless the provisions are mutually dependent. Section 29. ARBITRATION Unless otherwise agreed to in writing or provided for by law, arbitration is not available to the parties as a method of resolving disputes that would arise under the Contract. Section 30. NO WAIVER OF BREACH No failure by the Department to enforce any provisions hereof after any event of breach will be deemed a waiver of its rights regarding that event, or any subsequent event. No express failure of any event of breach will be deemed a waiver of any provision hereof. No such failure or waiver will be deemed a waiver of the right of the Department to enforce each and all the provisions hereof upon any further or other breach on the part of the Grantee. Section 31. JURISDICTION AND VENUE This Contract is governed by the laws of Montana. The parties agree that any litigation concerning this Contract must be brought in the First Judicial District in Lewis and Clark County, State of Montana and each party must pay its own costs and attorney fees, except as provided in Section 24, Hold Harmless and Indemnification Remainder of page intentionally left blank. DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 35345 13 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman Section 32. INTEGRATION The Contract contains the entire agreement between the parties. No statements, promises, or inducements of any kind made by either party or the agents of either party, not contained herein or in a properly executed amendment hereto are valid or binding. The parties through their authorized agents have executed this Contract on the dates set out below. GRANTEE: Chuck Winn, Interim City Manager Date City of Bozeman ATTEST: Mike Maas, City Clerk APPROVED AS TO FORM: Greg Sullivan, City Attorney DEPARTMENT: Mandy Rambo, Deputy Director Date DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 6/6/2024 6/6/2024 36346 14 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman EXHIBIT A Implementation Schedule TASK MONTH PROJECT START UP Preparation of MDOC Contract May 2024 PROCUREMENT OF PROFESSIONAL ASSISTANCE Submit Request for Proposals to DOC for approval, if required June 2024 Publish RFP July 2024 Select professional August 2024 Execute agreement with professional September 2024 PROJECT IMPLEMENTATION Prepare draft deliverables March 2025 Submit interim Request for Funds, Progress Report and draft deliverables May 2025 Public review and comment July 2025 Finalize deliverables September 2025 PROJECT CLOSE OUT Submit final deliverables December 2025 Submit final Request for Funds and Completion Report March 2026 DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 37347 15 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman EXHIBIT B Budget SOURCE: MCEP SOURCE: Local TOTAL Professional Engineering Services $40,000 $10,000 $50,000 DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 38348 Contract Information Sheet Division staff are required to complete the items in blue print.Last Revised September 2023 Contract Number:MT-MCEP-PL-25-015 Original Contract Amount:40,000.00 Contractor's Name:City of Bozeman Amount of Prior Amendments: Contractor Liaison:Jamie Grabinski Current Amendment Amount: Contractor's Liaison Email:jgrabinski@bozeman.net Total Contract Value:40,000.00 Approved to Form Name:Greg Sullivan Approved to Form Email:gsullivan@bozeman.net Funding Source:State Contractor (signee) Name:Chuck Winn Contractor's Email:cwinn@bozeman.net Program Number/Division:60 - Community MT Contractor's Address:121 N Rouse St, Suite 201 Org Number:608025 Contractor's Address 2:Bozeman, MT 59715 Vendor Number:23437 Attest Name:Mike Maas Project Name (optional):MCEP-PL-25-015 Attest Email:mmaas@bozeman.net Start Date:Upon execution Delegation:Commerce End Date:3/31/2026 Procurement Method:Exempt*Absolute End Date: Contract Type:Grant Contract Usage:Fixed Liaison:Alisha Oellermann Program Manager:scrider@mt.gov Liaison Email:alisha.oellermann2@mt.gov Bureau Chief:galen.steffens@mt.gov Liaison Phone:406-841-2226 Additional Email: Signatures:Copies To: Division Administrator Liaison Fiscal Review Director (> $200K) Legal Counsel Deputy Director (<$25K) Deputy Director Perceptive OBPP Information Technology SITSD Delegation Agreement Section 5.1 * Grants with governments. Stormwater preliminary engineering report. The proposed project is to develop a preliminary engineering report (PER) to evaluate options to mitigate the existing flood hazard to Bozeman, Montana by Bozeman Creek concentrated in downtown Bozeman near the Main Street area, a major thoroughfare in the city as well as a critical artery to the local hospital. Purpose of this contract/amendment: Scope & duties of this contract: DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 6/6/2024 6/6/2024 6/6/2024 39349 Certificate Of Completion Envelope Id: FE8D4ED800AE430E84D7314CF46EFC3D Status: Completed Subject: Montana Department of Commerce Contract #MT-MCEP-PL-25-015 for Signature Source Envelope: Document Pages: 16 Signatures: 7 Envelope Originator: Certificate Pages: 6 Initials: 0 Contracts Admin AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) PO Box 200501 301 S. Park Ave Helena, MT 596200501 doccontracts@esign.mt.gov IP Address: 161.7.39.7 Record Tracking Status: Original 6/6/2024 8:06:18 AM Holder: Contracts Admin doccontracts@esign.mt.gov Location: DocuSign Signer Events Signature Timestamp Mandy Rambo Mandy.rambo@mt.gov Deputy Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 6/6/2024 8:22:07 AM Viewed: 6/6/2024 8:31:41 AM Signed: 6/6/2024 8:31:47 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Judy Clay judy.clay@mt.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 6/6/2024 8:31:48 AM Viewed: 6/6/2024 9:00:37 AM Signed: 6/6/2024 9:01:46 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 9:00:37 AM ID: e93e2780-0876-4228-88d5-b5152eaf6bf6 Bonnie Martello bmartello@mt.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 6/6/2024 9:01:48 AM Viewed: 6/6/2024 9:28:40 AM Signed: 6/6/2024 9:28:45 AM Electronic Record and Signature Disclosure: Accepted: 9/23/2016 10:59:41 AM ID: 1b1b08d4-a7e2-4780-be4c-48c085b25cec Chuck Winn cwinn@bozeman.net Assistant City Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 69.145.53.144 Signed using mobile Sent: 6/6/2024 9:28:47 AM Viewed: 6/6/2024 9:52:56 AM Signed: 6/6/2024 9:53:34 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 9:52:56 AM ID: 0990dcbf-c2d5-4a03-afd7-0076d7c86569 40350 Signer Events Signature Timestamp Greg Sullivan gsullivan@bozeman.net Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 6/6/2024 9:53:36 AM Viewed: 6/6/2024 10:21:26 AM Signed: 6/6/2024 10:21:47 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 10:21:26 AM ID: 8fed6de1-2a44-4ae0-9010-409db3fbcb85 Mike Maas mmaas@bozeman.net Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 6/6/2024 10:21:49 AM Viewed: 6/6/2024 11:05:16 AM Signed: 6/6/2024 11:05:30 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 11:05:16 AM ID: a24cfe0b-9712-415f-9fdf-256bfa1ad5b6 Mandy Rambo Mandy.rambo@mt.gov Deputy Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 6/6/2024 11:05:32 AM Viewed: 6/6/2024 11:20:57 AM Signed: 6/6/2024 11:21:03 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Stephanie Crider scrider@mt.gov Security Level: Email, Account Authentication (None) Sent: 6/6/2024 8:22:07 AM Viewed: 6/6/2024 9:32:03 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 9:10:49 AM ID: 3861279e-9843-4a2a-a966-da31b2937534 Jamie Grabinski jgrabinski@bozeman.net Security Level: Email, Account Authentication (None) Sent: 6/6/2024 8:22:07 AM Viewed: 6/6/2024 8:45:14 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign 41351 Carbon Copy Events Status Timestamp Alisha Oellermann Alisha.Oellermann2@mt.gov Security Level: Email, Account Authentication (None) Sent: 6/6/2024 8:22:08 AM Electronic Record and Signature Disclosure: Accepted: 5/24/2024 1:58:08 PM ID: 2c0129a1-8997-4983-bc4f-f342fbde93f5 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/6/2024 8:22:08 AM Certified Delivered Security Checked 6/6/2024 11:20:57 AM Signing Complete Security Checked 6/6/2024 11:21:03 AM Completed Security Checked 6/6/2024 11:21:03 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 42352 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, MT Dept of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the ‘I agree’ button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after signing session and, if you elect to create a DocuSign signer account, you may access them for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures Electronic Record and Signature Disclosure created on: 10/7/2014 8:41:47 AM Parties agreed to: Judy Clay, Bonnie Martello, Chuck Winn, Greg Sullivan, Mike Maas, Stephanie Crider, Alisha Oellermann 43353 electronically from us. 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By checking the ‘I agree’ box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify MT Dept of Commerce as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by MT Dept of Commerce during the course of my relationship with you. 45355 Memorandum REPORT TO:City Commission FROM:Candace Mastel, Transportation Demand Management Coordinator Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation & Engineering SUBJECT:Authorize the City Manager to Sign a Memorandum of Understanding with the Big Sky Sustainability Network Organization (Big Sky SNO), Montana State University's Office of Sustainability, and the Western Transportation Institute (WTI) MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to sign a Memorandum of Understanding with the Big Sky Sustainability Network Organization (Big Sky SNO), Montana State University's Office of Sustainability, and the Western Transportation Institute (WTI). STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:In 2022 the Western Transportation Institute and the City of Bozeman embarked on a memorandum of understanding (MOU) to partner on transportation demand management projects and programs that served to advance the needs of the greater Bozeman community. That MOU expires this year. In an effort to continue one of the key programs of this partnership, the GoGallatin commuter platform (Ride Amigos), a new MOU is planned to include an even broader collaboration between the city, WTI, Big Sky SNO, and MSU's Office of Sustainability to fund and administer active transportation commuter challenges and incentive programs by sustaining yearly renewals of the licensed software for the GoGallatin platform purchased through Ride Amigos. This MOU establishes the funding responsibility for each partner to sustain the license for the platform as part of the partnership for yearly renewal. UNRESOLVED ISSUES:No unresolved issues. ALTERNATIVES:No alternatives. FISCAL EFFECTS:The partnership with Big Sky SNO and MSU's Department of Sustainability will cover the annual renewal fee of the Ride Amigos platform, estimated to be $25,000 in the first year with an annual increase of three to five percent 46 every year thereafter. The total cost of the platform would be split between three parties in this way: 40 percent by the city of Bozeman; 40 percent by Big Sky SNO; and 20 percent by MSU's Office of Sustainability. The Department of Transportation and Engineering has budgeted the city's share in the proposed FY25-26 Biennium Budget. Attachments: MoU_BS SNOW_MSU_Final 061324.docx Report compiled on: June 13, 2024 47 1 Memorandum of Understanding For Ride Amigos/GoGallatin Funding and Software Platform Administration July 1, 2024, through June 30, 2025 This Memorandum of Understanding (“MOU”) is by and between the City of Bozeman (“City”), the Big Sky Sustainability Network Organization (“Big Sky SNO”), Montana State University’s (“MSU”) Office of Sustainability, and the Western Transportation Institute (“WTI”); each entity referred to as a "Party" to this MOU, and together these entities are referred to as the "Parties." The term “Partner(s)” is used interchangeably with “Party” for purposes of this MOU. WHEREAS: The Parties recognize the significant growth in population in the area, and recognize the growth in traffic, specifically vehicle miles traveled ("VMT") and the number of vehicles using area streets/road; and, WHEREAS: The Parties desire to address the growth in traffic through a variety of methods, including the enhancement of active transportation opportunities and encouragement of mobility options throughout the City, Gallatin Valley, and Big Sky; and, WHEREAS: The Parties recognize that partnering in these endeavors optimizes funding opportunities, human resources, and outreach capabilities; and, WHEREAS: The Parties use the Ride Amigos/GoGallatin platform (“the platform”), a web-based service for active commuters to connect with other users and mobility services, take part in incentive and challenge programs, and track their active transportation trips. WHEREAS: The City, Big Sky SNO and MSU’s Office of Sustainability, in addition to administering their own programs, commit to funding the Ride Amigos/GoGallatin platform and ensuring the platform is procured in a timely manner to ensure continuation of services the platform offers to users. WHEREAS: The work to be conducted under this MOU consists of funding the platform and providing payment to Ride Amigos to continue the service, the individual planning and execution of programs that the platform supports, and collaborating on outreach, engagement, and marketing of the programs to the greater community that may benefit from said programs; and, WHEREAS: The Parties recognize the benefit of leveraging the funding and support of the platform to create and implement tools to achieve progress in reducing VMT and impacts to our community by increased motor vehicle trips. 48 2 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: History/Background: MSU and WTI have been Partners with the City of Bozeman on the Transportation Demand Management initiative starting in 2017. Their track record of working together has had positive outcomes and has given rise to many programs that have been successful in transportation demand management initiatives. MSU and WTI have also been Partners with Big Sky SNO and have initiated programs that have benefited commuters in the larger Gallatin Valley and Big Sky areas. This MOU allows for the formalization of the City of Bozeman, Big Sky SNO, and MSU partnerships in the coming year to further advance area-wide transportation demand management initiatives and be administrators of the GoGallatin platform. To make the transition for administration to the three new Partners prior to July 1, 2024 (City of Bozeman, Big Sky SNO, and MSU), WTI shall: 1. Provide training for the Ride Amigos platform to ensure a smooth transition to the new partnership’s ability to administer the platform after July 1, 2024. 2.Transition the payment for the Ride Amigos platform from WTI to MSU as the main contact for contract renewal. Term and Termination: The term of this agreement shall be for a period of one (1) year, unless terminated earlier by any Party upon sixty (60) days’ notice. Funding: The City will contribute funds to the budget for this MOU. The City will contribute 40 percent (approximately $9600.00) of the renewal fee. Big Sky SNO will contribute funds to the budget for this MOU. Big Sky SNO will contribute 40 (approximately $9600.00) percent of the renewal fee. Montana State University’s Office of Sustainability will contribute funds to the budget for this MOU. Montana State University’s Department of Sustainability will contribute 20 percent (approximately $4800.00) of the renewal fee. Roles and Responsibilities Under this MOU, the City of Bozeman shall: 1. Be the main contact for all City of Bozeman area challenge and incentive programs. 49 3 2. Provide payment for their portion of the Ride Amigos platform to MSU in a timely manner to renew software subscription. 3. Provide administrative support for City of Bozeman focused challenge and incentive programs. 4. Collaborate in providing support for area-wide challenge and incentive programs that mutually benefit all Partners and their constituents. 5. Ensure that all staff working with data from the platform will remain up to date on the MSU CITI training as required by IRB for data access and management. Under this MOU, Big Sky SNO shall: 1. Be the main contact for all Big Sky SNO focused challenge and incentive programs. 2. Provide payment for their portion of the Ride Amigos platform to MSU in a timely manner to renew software subscription. 3. Provide administrative support for Big Sky focused challenge and incentive programs. 4. Collaborate in providing support for area-wide challenge and incentive programs that mutually benefit all Partners and their constituents. 5. Ensure that all staff working with data from the platform will remain up to date on the MSU CITI training as required by the IRB for data access and management. Under this MOU, Montana State University’s Office of Sustainability shall: 1. Be the main contact for Montana State University challenge and incentive programs. 2. Be the main contact for the Ride Amigos account; collect from partners and submit all payments to the software provider by the date payments are due on September 1st of the year. 3. Provide administrative support for Montana State University focused challenge and incentive programs. 4. Collaborate in providing support for area-wide challenge and incentive programs that mutually benefit all Partners and their constituents. Work Product: All Partners will retain the right, title, and interest, including the right of copyright, in all work reduced to writing or fixed in any media (including reports, articles, photographs, recordings, data, computer programs and related documentation) authored by said individual partner. Work may be shared across Partners with the permission granted by other Partners if the need arises. Each Partner shall retain the same rights to work authored solely by its employees and agents. The Partners will jointly own any work jointly authored under this agreement. The granting of perpetual, in-evocable, royalty free rights to Partners to reproduce, publish, access data, or otherwise use and authorize others to use all work authored by it and produced under this contract shall be agreed upon as necessary by all Partners. 50 4 Liability and Insurance: Nothing in this MOU is intended to create a separate legal entity. Each party hereto agrees to be responsible and assume liability as related to this MOU for its own wrongful or negligent acts of omissions, or those of its officers, agents or employees to the full extent required by law. Each party agrees to maintain reasonable coverage for such liabilities either through commercial insurance or a reasonable self- insurance mechanism, and the nature of such insurance coverage orself-insurance mechanism will be reasonably provided to the other party upon request. Each Party will specify an individual to represent the entity regarding this MOU. This MOU, effective upon signature by the Parties, may be modified through written agreement by the Parties. Signatures: _________________________________________________________________ City of Bozeman Date _________________________________________________________________ Big Sky SNO Date _________________________________________________________________ Montana State University, Office of Sustainability Date _________________________________________________________________ Western Transportation Institute Date 51 Memorandum REPORT TO:City Commission FROM:Lance Lehigh, Engineer III Nick Ross, Director of Transportation and Engineering SUBJECT:Authorize the Interim City Manager to Sign Professional Services Master Task Order Agreements for On-call Hydraulic Modeling and Asset Management Services with the Following Three (3) qualified firms: AE2S, DOWL, and HDR MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the Interim City Manager to sign a Professional Service Master Task Order Agreement with AE2S, DOWL, and HDR to provide on-call hydraulic modeling and asset management services STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:City of Bozeman Public Works utilizes Geographic Information System (GIS)- based utility modeling to help make informed, data-driven decisions on a variety of water and wastewater projects. Currently, the City maintains a GIS-integrated distribution system water model, a collection system sanitary sewer model, and a risk-based asset management model that support community development applications and public works capital planning efforts for both water and wastewater projects. Consultant services are required on an on-call basis to supplement staff capacity. The city's Engineering Division executed a Request for Qualifications (RFQ) in April 2024 to select up to three qualified firms. Five (5) responses were received and judged by a selection committee of five (5) staff. The top three qualified firms - AE2S, DOWL, and HDR - were selected for master contracts and with the intent to assign work on an on-call task order basis as deemed appropriate by staff for each specific task. Task orders include but are not limited to model maintenance and updates, concept and feasibility analyses, review of proposed development projects, identification of potential impacts and mitigation, and evaluation of system operations under a variety of different scenarios. The Professional Service Master Task Order Agreement will be effective for a three (3) year period with an option to extend the contract for an additional two (2) years. 52 UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:On-call engineering services for hydraulic modeling and asset management will be funded through the City’s water and wastewater operating funds for FY25-26. A total of $100K has been allocated for FY25-26, split between the water ($50K) and wastewater ($50K) funds. Attachments: OnCall Hydraulic Modeling & Asset Management_Professional Services Agmt_AE2S.docx OnCall Hydraulic Modeling & Asset Management_Professional Services Agmt_HDR.docx OnCall Hydraulic Modeling & Asset Management_Professional Services Agmt_DOWL.docx Report compiled on: June 13, 2024 53 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 1 of 12 PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT THIS AGREEMENT is made and entered into this DAY of MONTH, 2024, by and between the CITY OF BOZEMAN, MONTANA,a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Advanced Engineering and Environmental Services, LLC (AE2S) at 1288 North 14th Avenue, Unit 103, Bozeman, MT 59715, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter into this agreement with Contractor to provide on-call engineering services regarding hydraulic modeling and asset management as requested by the City through issuance of individual, consecutively numbered Task Orders on an as needed and requested basis. 2.Term/Effective Date: This Agreement is effective upon the date of its execution and will expire on MONTH, DAY, 2027with the option to extend the contract an additional two (2) years. 3.Scope of Work: Contractor will perform the work and provide the services in accordance with the specific services and corresponding cost and schedule as mutually agreed upon by City and Contractor and included in each individual Task Order executed under the authority of this Agreement. The hydraulic modeling and asset management scope of services that may be requested over the term of the contract may include, but not be necessarily limited to the following: Perform maintenance and updates of the City’s water and sewer models. Perform concept and feasibility analyses adjacent to drainage basins or areas annexing into the City. Develop concept and schematic design alternatives. Coordinate and provide staff with recommendation on future flow monitoring locations concerning growth and development as well as system infiltration and inflow (I/I). 54 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 2 of 12 Provide recommendations for the design of water and sewer infrastructure based on hydraulic model results for both development and capital related projects. Review capital project planning timing and provide timing recommendation adjustments to City staff. Prepare technical memorandums with the water and sewer modeling and evaluation criteria, finding, and recommended improvement options for preliminary design. Review hydraulic reports submitted to the City to ensure calculations, procedures, assumptions, and results meet City, State, and Federal standards and are within allowable tolerances of the City’s mater utility models. Review existing or assist in the development of new City guidelines, practices, and standards for hydrology/hydraulics studies and risk assessment practices. Attend project meetings related to evaluating and modeling water and sewer-related infrastructure. Complete fire flow related developer requests for new development along with fire flow QAQC. Consult with City staff and other appropriate agencies relevant to hydraulic modeling. Conduct training and instruction to City staff. Assess the impact on system capacity of proposed development projects and determine where additional capacity would be required to address increased demand caused by the new development. Perform maintenance and updates of the City’s risk model. Task Orders shall be in a format similar to EXHIBIT A, attached and made part of this Agreement. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: The terms of compensation to Contractor shall be agreed upon and included in each Task Order. City agrees to pay Contractor the amount specified in the individual Task Orders. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will beperformed 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.For each individual Task Order, Contractor will familiarized itself with the nature and extent of the assignment, 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 55 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 3 of 12 Services and will provide a mutually agreeable Scope of Services for each Task Order. b.Contractor represents to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill ordinarily used by member in the same profession practicing at the same time and in the same locality; 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 standard of care. 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, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall indemnify, 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. 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 and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) 56 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 4 of 12 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; (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 willful misconduct of the Contractor or Contractor’s agents or employees. Defense obligation under this indemnity paragraph means only the reimbursement of reasonable defense costs to the proportionate extent of the Contractor’s actual liability obligation hereunder. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein 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 indemnitee 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 indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against 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 or its officers, agents or employees, 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 his 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 or caused by the “negligence, recklessness, or intentional misconduct” of the City or the City’s officers, employees, or agents as per 28-2-2111 MCA. 57 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 5 of 12 These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to andindependent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and 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 and annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury; $1,000,000 annual aggregate; and Professional Liability - $2,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform 58 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 6 of 12 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 or any individual Task Order under 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 or any Task Order under 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 or any Task Order under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement or any Task Order 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 13, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 13(c) is the sole compensation due to 59 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 7 of 12 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 ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Lance Lehigh, PE 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 Lance Lehigh as 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 listed above and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall Zach Magdol or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. 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 60 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 8 of 12 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 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. 61 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 9 of 12 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 his 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 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 any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of this Agreement 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 to include City Attorney. 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 62 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 10 of 12 duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30.Extensions:this Agreement may, upon mutual agreement, be extended for a period of one fiscal year by written agreement of the Parties. In no case, however, may this Agreement run 63 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 11 of 12 longer than Five Years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________By__________________________________ Chuck Winn, Interim City Manager Print Name: Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 64 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 12 of 12 EXHIBIT A City of Bozeman - Transportation and Engineering Department Professional Service Master Task Order Agreement for On-call Hydraulic Modeling & Asset Management Services Task Order Number # FP-01-2024 PROJECT:On-call Hydraulic Modeling & Asset Management Services Issued under the authority of Professional Service Master Task Order Agreement with AE2S. for on-call hydraulic modeling & asset management services. This Task Order is dated________, 2024 between the City of Bozeman Transportation and Engineering Department and AE2S (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Lance Lehigh, Engineer III Contractor: Zach Magdol, AE2S SCOPE OF WORK:The scope for this task order is detailed in the attached Scope of Work – Task Order Number FP-01-2024. COMPENSATION:AE2S, LLC will bill for its services on a time and material basis with a project total not to exceed of $_________. AE2S shall submit invoices to the City of Bozeman for work accomplished during each calendar month. The amount of each monthly invoice shall be determined by the time and material actually used during the invoicing period. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman AE2S Director of Transportation & Engineering Principal 65 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 1 of 12 PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT THIS AGREEMENT is made and entered into this DAY of MONTH, 2024, by and between the CITY OF BOZEMAN, MONTANA,a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, HDR, Inc (HDR) at 2150 Analysis Drive, Bozeman, MT 59718, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter into this agreement with Contractor to provide on-call engineering services regarding hydraulic modeling and asset management as requested by the City through issuance of individual, consecutively numbered Task Orders on an as needed and requested basis. 2.Term/Effective Date: This Agreement is effective upon the date of its execution and will expire on MONTH, DAY, 2027with the option to extend the contract an additional two (2) years. 3.Scope of Work: Contractor will perform the work and provide the services in accordance with the specific services and corresponding cost and schedule as mutually agreed upon by City and Contractor and included in each individual Task Order executed under the authority of this Agreement. The hydraulic modeling and asset management scope of services that may be requested over the term of the contract may include, but not be necessarily limited to the following: Perform maintenance and updates of the City’s water and sewer models. Perform concept and feasibility analyses adjacent to drainage basins or areas annexing into the City. Develop concept and schematic design alternatives. Coordinate and provide staff with recommendation on future flow monitoring locations concerning growth and development as well as system infiltration and inflow (I/I). 66 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 2 of 12 Provide recommendations for the design of water and sewer infrastructure based on hydraulic model results for both development and capital related projects. Review capital project planning timing and provide timing recommendation adjustments to City staff. Prepare technical memorandums with the water and sewer modeling and evaluation criteria, finding, and recommended improvement options for preliminary design. Review hydraulic reports submitted to the City to ensure calculations, procedures, assumptions, and results meet City, State, and Federal standards and are within allowable tolerances of the City’s mater utility models. Review existing or assist in the development of new City guidelines, practices, and standards for hydrology/hydraulics studies and risk assessment practices. Attend project meetings related to evaluating and modeling water and sewer-related infrastructure. Complete fire flow related developer requests for new development along with fire flow QAQC. Consult with City staff and other appropriate agencies relevant to hydraulic modeling. Conduct training and instruction to City staff. Assess the impact on system capacity of proposed development projects and determine where additional capacity would be required to address increased demand caused by the new development. Perform maintenance and updates of the City’s risk model. Task Orders shall be in a format similar to EXHIBIT A, attached and made part of this Agreement. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: The terms of compensation to Contractor shall be agreed upon and included in each Task Order. City agrees to pay Contractor the amount specified in the individual Task Orders. 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.For each individual Task Order, Contractor will familiarized itself with the nature and extent of the assignment, 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 67 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 3 of 12 Services and will provide a mutually agreeable Scope of Services for each Task Order. b.Contractor represents to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill ordinarily used by member in the same profession practicing at the same time and in the same locality; 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 standard of care. 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, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall indemnify, 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. 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 and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) 68 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 4 of 12 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; (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 willful misconduct of the Contractor or Contractor’s agents or employees. Defense obligation under this indemnity paragraph means only the reimbursement of reasonable defense costs to the proportionate extent of the Contractor’s actual liability obligation hereunder. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein 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 indemnitee 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 indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against 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 or its officers, agents or employees, 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 his 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 or caused by the “negligence, recklessness, or intentional misconduct” of the City or the City’s officers, employees, or agents as per 28-2-2111 MCA. 69 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 5 of 12 These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to andindependent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and 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 and annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury; $1,000,000 annual aggregate; and Professional Liability - $2,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform 70 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 6 of 12 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 or any individual Task Order under 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 or any Task Order under 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 or any Task Order under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement or any Task Order 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 13, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 13(c) is the sole compensation due to 71 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 7 of 12 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 ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Lance Lehigh, PE 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 Lance Lehigh as 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 listed above and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall Jarrett Moran or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. 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 72 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 8 of 12 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 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. 73 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 9 of 12 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 his 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 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 any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of this Agreement 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 to include City Attorney. 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 74 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 10 of 12 duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30.Extensions:this Agreement may, upon mutual agreement, be extended for a period of one fiscal year by written agreement of the Parties. In no case, however, may this Agreement run 75 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 11 of 12 longer than Five Years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________By__________________________________ Chuck Winn, Interim City Manager Print Name: Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 76 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 12 of 12 EXHIBIT A City of Bozeman - Transportation and Engineering Department Professional Service Master Task Order Agreement for On-call Hydraulic Modeling & Asset Management Services Task Order Number # FP-01-2024 PROJECT:On-call Hydraulic Modeling & Asset Management Services Issued under the authority of Professional Service Master Task Order Agreement with HDR. for on- call hydraulic modeling & asset management services. This Task Order is dated________, 2024 between the City of Bozeman Transportation and Engineering Department and HDR (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Lance Lehigh, Engineer III Contractor: Jarrett Moran, HDR SCOPE OF WORK:The scope for this task order is detailed in the attached Scope of Work – Task Order Number FP-01-2024. COMPENSATION:HDR will bill for its services on a time and material basis with a project total not to exceed of $_________. HDR shall submit invoices to the City of Bozeman for work accomplished during each calendar month. The amount of each monthly invoice shall be determined by the time and material actually used during the invoicing period. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman HDR Director of Transportation & Engineering Principal 77 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 1 of 12 PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT THIS AGREEMENT is made and entered into this DAY of MONTH, 2024, by and between the CITY OF BOZEMAN, MONTANA,a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, DOWL at 1283 North 14th Ave, Suite 101, Bozeman, MT 59715, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter into this agreement with Contractor to provide on-call engineering services regarding hydraulic modeling and asset management as requested by the City through issuance of individual, consecutively numbered Task Orders on an as needed and requested basis. 2.Term/Effective Date: This Agreement is effective upon the date of its execution and will expire on MONTH, DAY, 2027with the option to extend the contract an additional two (2) years. 3.Scope of Work: Contractor will perform the work and provide the services in accordance with the specific services and corresponding cost and schedule as mutually agreed upon by City and Contractor and included in each individual Task Order executed under the authority of this Agreement. The hydraulic modeling and asset management scope of services that may be requested over the term of the contract may include, but not be necessarily limited to the following: Perform maintenance and updates of the City’s water and sewer models. Perform concept and feasibility analyses adjacent to drainage basins or areas annexing into the City. Develop concept and schematic design alternatives. Coordinate and provide staff with recommendation on future flow monitoring locations concerning growth and development as well as system infiltration and inflow (I/I). 78 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 2 of 12 Provide recommendations for the design of water and sewer infrastructure based on hydraulic model results for both development and capital related projects. Review capital project planning timing and provide timing recommendation adjustments to City staff. Prepare technical memorandums with the water and sewer modeling and evaluation criteria, finding, and recommended improvement options for preliminary design. Review hydraulic reports submitted to the City to ensure calculations, procedures, assumptions, and results meet City, State, and Federal standards and are within allowable tolerances of the City’s mater utility models. Review existing or assist in the development of new City guidelines, practices, and standards for hydrology/hydraulics studies and risk assessment practices. Attend project meetings related to evaluating and modeling water and sewer-related infrastructure. Complete fire flow related developer requests for new development along with fire flow QAQC. Consult with City staff and other appropriate agencies relevant to hydraulic modeling. Conduct training and instruction to City staff. Assess the impact on system capacity of proposed development projects and determine where additional capacity would be required to address increased demand caused by the new development. Perform maintenance and updates of the City’s risk model. Task Orders shall be in a format similar to EXHIBIT A, attached and made part of this Agreement. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: The terms of compensation to Contractor shall be agreed upon and included in each Task Order. City agrees to pay Contractor the amount specified in the individual Task Orders. 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.For each individual Task Order, Contractor will familiarized itself with the nature and extent of the assignment, 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 79 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 3 of 12 Services and will provide a mutually agreeable Scope of Services for each Task Order. b.Contractor represents to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional manner and with the degree and skill ordinarily used by member in the same profession practicing at the same time and in the same locality; 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 standard of care. 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, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall indemnify, 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. 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 and expert witness and consultants), lossesandexpensesto the extent caused by orresulting from or in any way related to: (i) the negligent, 80 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 4 of 12 reckless, or intentional misconduct of the Contractor; (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 willful misconduct of the Contractor or Contractor’s agents or employees. Defense obligation under this indemnity paragraph means only the reimbursement of reasonable defense costs to the proportionate extent of the Contractor’s actual liability obligation hereunder. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein 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 indemnitee 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 indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against 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 or its officers, agents or employees, 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 his 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 or caused by the “negligence, recklessness, or intentional misconduct” of the City or the City’s officers, employees, or agents as per 28-2-2111 MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. 81 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 5 of 12 In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and 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 and annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury; $1,000,000 annual aggregate; and Professional Liability - $2,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement or any individual Task Order under this Agreement and the Contractor’s right to proceed with all or any part of the work 82 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 6 of 12 (“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 or any Task Order under 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 or any Task Order under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement or any Task Order 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 13, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 13(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature 83 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 7 of 12 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 ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Lance Lehigh, PE 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 Lance Lehigh as 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 listed above and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall Kevin Johnson or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. 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. 84 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 8 of 12 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 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 theCity 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 85 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 9 of 12 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 his 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 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 any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of this Agreement 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 to include City Attorney. 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. 86 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 10 of 12 b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30.Extensions:this Agreement may, upon mutual agreement, be extended for a period of one fiscal year by written agreement of the Parties. In no case, however, may this Agreement run longer than Five Years. 87 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 11 of 12 **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________By__________________________________ Chuck Winn, Interim City Manager Print Name: Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 88 Professional Services Master Task Order Agreement for On-Call Hydraulic Modeling & Asset Management Services Page 12 of 12 EXHIBIT A City of Bozeman - Transportation and Engineering Department Professional Service Master Task Order Agreement for On-call Hydraulic Modeling & Asset Management Services Task Order Number # FP-01-2024 PROJECT:On-call Hydraulic Modeling & Asset Management Services Issued under the authority of Professional Service Master Task Order Agreement with DOWL. for on-call hydraulic modeling & asset management services. This Task Order is dated________, 2024 between the City of Bozeman Transportation and Engineering Department and DOWL (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Lance Lehigh, Engineer III Contractor: Kevin Johnson, DOWL SCOPE OF WORK:The scope for this task order is detailed in the attached Scope of Work – Task Order Number FP-01-2024. COMPENSATION:DOWL will bill for its services on a time and material basis with a project total not to exceed of $_________. DOWL shall submit invoices to the City of Bozeman for work accomplished during each calendar month. The amount of each monthly invoice shall be determined by the time and material actually used during the invoicing period. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman DOWL Director of Transportation & Engineering Principal 89 Memorandum REPORT TO:City Commission FROM:Max Ziegler, Facilities Assistant Superintendent Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with VDA, Inc., for Vertical Transportation Consulting Services on the Professional Building Elevator Modernization Project MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with VDA, Inc., for Vertical Transportation Consulting Services on the Professional Building Elevator Modernization Project STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:GF001 is a capital project to modernize the passenger elevator at the Stiff Professional Building. Otis Elevator Corp. will be installing modernized elevator equipment in 2024 in addition to Blanton Contracting performing improvements to the elevator machine room for code compliance. This project was developed in 2019, but due to budget and contractor constraints was not fully executed until the summer of 2024. Van Deusen & Associates (VDA) is a elevator and escalator consulting firm, and was selected in 2019 to provide consulting services to this project, including developing specifications, bidding administration, shop drawing review, and construction administration services. VDA provided services to develop elevator specifications and bidding documents for this project, but was unable to complete their contracted scope of work due to the temporary suspension of the project. Now that the project is being executed, this contract is to complete the original scope of consulting services. VDA will provide shop drawing review and construction administration services for GF001, including inspections of work completed by Otis Elevator Co. to ensure compliance with all applicable codes and contract requirements. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the City Commission 90 FISCAL EFFECTS:This contract will incur a fixed fee of $3,225.00 to be paid from the GF001 Capital Project Fund. Attachments: Professional Service Agreement - VDA Inc. - Vertical Transportation Consulation Services - Professional Building 2024 Final.pdf Report compiled on: June 14, 2024 91 Professional Services Agreement for Professional Building Elevator Modernization Vertical Transportation Consulting Services Page 1 of 11 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, VDA Inc., 50 West Broadway, Suite 300, Salt Lake City, UT 84101, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 30th day of December, 2025, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the 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: 92 Professional Services Agreement for Professional Building Elevator Modernization Vertical Transportation Consulting Services Page 2 of 11 a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 93 Professional Services Agreement for Professional Building Elevator Modernization Vertical Transportation Consulting Services Page 3 of 11 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. 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 or damages of whatever kind or nature connected therewith 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 entirely from the City’s performance under this Agreement, the City will represent itself and incur all costs and expenses of suit. 94 Professional Services Agreement for Professional Building Elevator Modernization Vertical Transportation Consulting Services Page 4 of 11 Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. 95 Professional Services Agreement for Professional Building Elevator Modernization Vertical Transportation Consulting Services Page 5 of 11 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately 96 Professional Services Agreement for Professional Building Elevator Modernization Vertical Transportation Consulting Services Page 6 of 11 in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages. The parties hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Assistant Superintendent or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. 97 Professional Services Agreement for Professional Building Elevator Modernization Vertical Transportation Consulting Services Page 7 of 11 b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Dane Carollo, Vice President, Key Accounts, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position 98 Professional Services Agreement for Professional Building Elevator Modernization Vertical Transportation Consulting Services Page 8 of 11 require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in 99 Professional Services Agreement for Professional Building Elevator Modernization Vertical Transportation Consulting Services Page 9 of 11 compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the 100 Professional Services Agreement for Professional Building Elevator Modernization Vertical Transportation Consulting Services Page 10 of 11 balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 32. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 101 Professional Services Agreement for Professional Building Elevator Modernization Vertical Transportation Consulting Services Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA VDA, INC. CONTRACTOR (Type Name Above) By________________________________ By__________________________________ City Manager Print Name: ROBERT CUZZI Print Title: PRESIDENT APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 102 EXHIBIT A 103 www.vdassoc.com E-mail: contact@vdassoc.com Phone: +1 (406) 646-2345 | Fax: +1 (856) 354-8573 945 Wyoming Street, Suite 150 | Missoula, MT 59801 June 3, 2024 VIA E-MAIL: wziegler@bozeman.net Max Ziegler Assistant Facilities Superintendent City of Bozeman P.O. Box 1230 Bozeman, MT 59771 Re: Professional Building, 20 East Olive Street, Bozeman, MT Vertical Transportation Consultation Dear Mr. Ziegler: We appreciate the opportunity to propose our services for the Vertical Transportation Consulting work at the City of Bozeman Professional Building, 20 East Olive Street, Bozeman, MT 59715. Attached is our proposal outlining our Scope of Services, General Conditions and Fee that have been developed based on the information you provided. If this is acceptable, kindly sign and return the proposal via e-mail to aperez@vdassoc.com, at your earliest convenience. If this proposal does not represent your understanding of the project or if you need any additional information, please contact us as soon as possible. We look forward to working with you on this project. Very truly yours, Dane Carollo Vice President – Key Accounts RDC / ap Enclosure 2024-84484 104 www.vdassoc.com E-mail: contact@vdassoc.com Phone: +1 (406) 646-2345 | Fax: +1 (856) 354-8573 945 Wyoming Street, Suite 150 | Missoula, MT 59801 June 3, 2024 VIA E-MAIL: wziegler@bozeman.net Max Ziegler Assistant Facilities Superintendent City of Bozeman P.O. Box 1230 Bozeman, MT 59771 Re: Professional Building, 20 East Olive Street, Bozeman, MT Vertical Transportation Consultation Dear Mr. Ziegler: Based on the information provided, the following represents the agreement (“the Agreement”) by and between VDA (“Consultant”) and the City of Bozeman (the “Client”). I. PURPOSE OF AGREEMENT A. The purpose of this Agreement is to state the terms and conditions under which Consultant will provide consulting services for the vertical transportation system in the referenced building, hereinafter referred to as the “Project.” II. SCOPE OF WORK A. In accordance with the scope of services outlined in Section III below, provide vertical transportation consulting services for the modernization of one (1) hydraulic elevator located at the City of Bozeman Professional Building, 20 East Olive Street, Bozeman, MT 59715. III. SERVICES TO BE PERFORMED PHASE 4 – SHOP DRAWING REVIEW A. Review vertical transportation shop drawings for compliance with the project specifications as well as applicable codes. Return a marked-up electronic copy in the standard turn-around period of ten (10) working days. VDA will not be responsible for expediting shop drawing submissions received from the Trade Contractor. Up to two (2) reviews are included for each submittal. PHASE 5 – CONSTRUCTION SERVICES A. Attend a Contract Kick-Off meeting with the elevator contractor and the Client to discussion coordination of Related Building Work, Shop Drawing Submittals, Project Schedule and work site rules. 105 City of Bozeman Facilities 20 East Olive Street 4 Bozeman, MT June 4, 2024 | 2024-84484 B. Upon completion of all work, conduct a thorough examination to compile a deficiency punch list. Monitor systems operation and record pertinent operating performance data for comparison purposes. Upon completion of this audit issue a list of items which require corrective action by the contractor. C. Perform a follow-up visit to verify that all punch list items are addressed by the elevator contractor in a satisfactory manner. Upon verification that all items are corrected, provide notice of completion and VDA’s recommendation to issue remaining contract balance including retainage. IV. FEE A. The fee for Phases 4 & 5 will be the lump sum of $3,225.00, broken down as follows: 1. The Phase 4 fee will be the lump sum of $750.00, payable upon review of shop drawings. 2. The Phase 5 fee will be the lump sum of $2,475.00, payable in installments. Invoices will be issued monthly as work is performed. B. This proposal is based on this project being completed on or before 2/28/25. Should this projects completion extend beyond this date, the fee for the remaining services will be adjusted using an annual escalation rate of 5.0%. C. The Client shall be responsible for the payment of all applicable taxes (in addition to the fee specified in this Agreement) which may be imposed or assessed by the country, state or local jurisdiction in connection with the services provided by the Consultant. The Client shall indemnify and hold harmless the Consultant and its agents and employees against any such taxes, claims or liabilities. D. Any meetings or additional consulting services requested by the Client that are over and above the Scope of Work will be billed on a timecard basis using our current rates. E. It is expected that invoices will be paid within thirty (30) days of rendering. An interest of two percent (2%) will be compounded monthly and added to any invoice that is outstanding for over 120 days. F. In the event the Client fails to pay any outstanding invoices and it is turned over to a third party for collection, Client agrees to pay all of Consultant’s costs and expenses of collection, including without limitation, reasonable attorney’s fees and expenses incurred as a result of the foregoing. V. INDEMNIFICATION A. The Consultant shall be responsible only for the work performed directly by its employees or those persons retained by the Consultant to perform work in conjunction with this project and shall defend, indemnify and hold harmless the Client against claims, damages, actual out-of-pocket costs or actual out-of-pocket expenses (including, without limitation, reasonable attorney fees) arising out of such performance. 106 City of Bozeman Facilities 20 East Olive Street 5 Bozeman, MT June 4, 2024 | 2024-84484 B. The Consultant shall not be responsible for the acts or omissions of the Client or any of the Client’s other consultants, contractor(s), sub-consultant(s), their agents or employees, or other persons performing any of the work, and Client shall defend, indemnify and hold harmless the Consultant against claims, damages, actual out of pocket costs or actual out of pocket expenses (including, without limitation, reasonable attorney fees) arising out of any of the foregoing. C. The Consultant shall not be liable for any loss, damage, detention or delay resulting from any cause whatsoever beyond its reasonable control or resulting from a force majeure, including, without limitation, fire, flood, strike, lockout, civil or military authority, insurrection or war. D. The Consultant shall not be responsible for any consequential damages or punitive damages or damages based on a claim of loss of business, loss of business opportunity, or loss of revenue. E. Assignment. Neither party hereto shall assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other party; provided, however, that Consultant may assign its rights or delegate its obligations, in whole or in part, without such consent, to (a) any of its subsidiaries or affiliates, or (b) an entity that acquires all or substantially all of (i) the business or equity of Consultant or (ii) the assets of Consultant to which this Agreement pertains, in each case, whether by merger, reorganization, acquisition, sale, operation of law or otherwise. Any purported assignment or delegation in violation of this Section shall be null and void. VI. TERMINATION OF AGREEMENT A. This Agreement may be terminated by either party upon seven (7) days written notice thereof to the other party. B. In the event this Agreement is terminated by Client for any reason, Client will pay Consultant for all services rendered prior to and including the effective date of such termination. VII. MISCELLANEOUS PROVISIONS A. This Agreement is binding upon the original parties and their respective heirs, assigns, administrators, executors or legal representatives (as permitted by this Agreement). B. Should one or more provisions within the Agreement be held invalid, illegal or unenforceable, the Agreement will be construed to survive such a holding and the invalid, illegal or unenforceable provisions will not affect any other provisions of the Agreement. C. This writing constitutes the sole intention of the parties. Any and all prior oral and/or written agreements or understandings between the parties are hereby suspended with respect to the subject matter hereof. D. The proposal set forth in this Agreement shall automatically terminate and be of no further force and effect unless the Client returns a duly executed counterpart of this Agreement to the Consultant within sixty (60) days of the date first set forth above, time being of the essence. 107 City of Bozeman Facilities 20 East Olive Street 6 Bozeman, MT June 4, 2024 | 2024-84484 E. All communications under this Agreement shall be in writing, and shall be deemed to be sufficiently given and delivered by the party (i) on the date presented and a receipt is given if sent by Federal Express or other nationally recognized courier, or (ii) on the fourth (4th) day after having been mailed by certified mail, return receipt requested, to a party at the addresses set forth on the following page, or to such other address as such party may designate to the other party in writing. F. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. G. All work shall be designed in accordance with the applicable laws and regulations enforced by the local jurisdiction. Specifically, vertical transportation work shall conform with the ASME A17 family of codes for elevators, escalators, and related equipment, ASME A18 for wheelchair lifts, and ASME B20 for material lifts. Variances as may be required for specialty designs or existing conditions are not included in this proposal and shall be addressed as additional services. EXECUTED this day and year below written CLIENT: CONSULTANT: City of Bozeman VDA By: ___________________________________ By: Dane Carollo Title: __________________________________ Date Signed/Accepted: ____________________ Title: Vice President – Key Accounts Address: P.O. Box 1230 Address: 945 Wyoming Street – Suite 150 Bozeman, MT 59771 Missoula, MT 59801 ALL SIGNATURES ARE RECOGNIZED AS ORIGINALS EXECUTION OF THIS SIGNATURE PAGE REPRESENTS THE ACCEPTANCE OF THE ENTIRE PROPOSAL RDC / ap 2024-84484 108 Memorandum REPORT TO:City Commission FROM:Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Allied Engineering Services, Inc., for the Bozeman Creek Flood Conveyance Preliminary Engineering Report MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with Allied Engineering Services, Inc., for the Bozeman Creek Flood Conveyance Preliminary Engineering Report. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City of Bozeman applied for a grant with the Montana Department of Commerce Coal Endowment Program. The grant is intended to develop a preliminary engineering report (PER) to evaluate options to mitigate the existing flood hazard to Bozeman, Montana by Bozeman Creek concentrated in downtown Bozeman near the Main Street area, a major thoroughfare in the city as well as a critical artery to the local hospital. Major flooding has occurred multiple times in this area over the last 50 years including extensive flooding in May 2011. The Bozeman Creek reach of interest is approximately 3.8 miles long through downtown starting upstream at Kagy Boulevard and continuing to the East Gallatin River. The reach includes about 22 bridges or structures including three “tunnels” totaling about 700 feet of stream length in the downtown district. The longest tunnel was built in 1890 and traverses under Main Street and two historic buildings. The reach is covered by four FEMA FIRM (Flood Insurance Rate Map) Panels with an effective date of 4-21-21. The floodplain model indicates that the tunnels are undersized by about half and force the flood to flow through town on various streets and routes that are deemed administrative floodways in the model. The City of Bozeman retained Allied Engineering Services, Inc. (AESI) in the past to perform detailed 2D modelling of numerous critical areas. The detailed modelling confirmed the flood hazard represented by the undersized tunnels was one of the main drivers of flooding in the downtown district. The historic tunnels have irregular cross sections as well as limited open area. In addition, the tunnels are subject to plugging by flood debris (e.g., trees, branches, trash) which can exacerbate 109 flooding beyond what is shown on the regulated FEMA flood maps. The City of Bozeman and cooperating non-profit organizations are partnering together for this work to develop sustainable solutions as part of the PER. There is considerable interest in opening the tunnel sections of Bozeman Creek back up to a natural looking and functioning creek channel able to convey the flood water but also providing other benefits including environmental services and recreation. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The grant award is for $40,000 with a local match requirement of $10,000. The Downtown Urban Renewal District Board committed to providing the $10,000 local grant match. Attachments: PSA Allied Engineering Bozeman Creek Exhibit A scope of work Exhibit B - City Grant Agreement Report compiled on: June 13, 2024 110 Professional Services Agreement – Engineering FY2020-2021 Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2024 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Allied Engineering Services, Inc. with a mailing address of 32 Discovery Drive, Bozeman, MT 59718, hereinafter referred to as “Consultant.” The City and Consultant 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 Consultant to perform for City services described in the Scope of Services attached hereto as “Exhibit A” and by this reference made a part hereof for the Project: Bozeman Creek Flood Conveyance PER. Scope of Services also include elements of the City’s Contract with Montana Department Commerce Montana Coal Endowment Program Contract #MT-MCEP-PL-25-015 attached hereto as “Exhibit B” that are applicable to Consultant. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate upon satisfactory completion of the agreed Scope of Services, which may be amended from time to time by the mutual agreement of the Parties pursuant to terms of this agreement, as determined by the City. 3. Scope of Services: Consultant 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. Consultant may, at its own risk, use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, Sub- consultants, manufacturers, suppliers, and publishers of technical standards. 4. Payment for Scope of Services: City agrees to pay Consultant for the completion of the Scope of Services a lump sum amount of $48,000, being equal to the Consultant’s Direct Labor 111 Professional Services Agreement – Engineering FY2020-2021 Page 2 of 12 Costs times a factor of approximately 3.2, which shall cover Direct Labor, the payroll Direct Labor Overhead, General & Administrative Overhead, and Profit. 5. Reimbursable Expenses: As defined in section 8 of this Agreement, for completion of the Scope of Services and approved Additional Services, reimbursable expenses shall be paid to the Consultant by the City in the actual amount of the costs incurred up to an amount not to exceed $0, which includes $0 for Sub-consultants hired by the Consultant and $0 for all other reimbursable expenses. The estimated reimbursable expenses are provided herewith as “NA”. The administrative markup factor being applied by the Consultant for any of its Sub-consultants shall be indicated on Attachment 2 and be no higher than 1.05. 6. Additional Services: If the City requests Consultant to perform any Additional Services not otherwise provided for in this Agreement, City shall so instruct the Consultant in writing, and the Consultant shall perform, or direct its Sub-consultants to perform, such services necessary to complete the Additional Services requested. The City and Consultant shall mutually agree upon a basis of payment for the Additional Services requested prior to the Consultant proceeding with such Additional Services. 7. Times of Payments: The Consultant may submit monthly statements for the Scope of Services and approved Additional Services rendered and for Reimbursable Expenses incurred. The statements shall be based upon Consultant’s estimate of the proportion of the total Scope of Services actually completed for each task at the time of billing. 8. Meaning of Terms: a. Additional Services: Additional Services means services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by the City where changes are due to causes beyond the Consultant’s control. Additional Services can also mean providing other services not otherwise provided for in the Agreement that are substantially similar to and generally consistent with the nature of services contained in the Scope of Services. b. Agreement: As used herein the term “this Agreement” refers to the contents of this document and its Attachments and Exhibits attached hereto and referred to as if they were part of one and the same document. c. Direct Labor Costs: Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all of the Consultant’s personnel engaged directly on the Scope of Services but does not included indirect payroll related costs or fringe benefits. d. Reimbursable Expenses: Reimbursable expenses mean the actual expenses incurred by the Consultant or its Sub-consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized 112 Professional Services Agreement – Engineering FY2020-2021 Page 3 of 12 technology or software subscription charges; reproduction of reports, technical memoranda, drawings, renderings and similar Project-related items. e. Sub-consultants: Sub-consultants means any independent professional associates working on the Project that are not directly employed by the Consultant and have rather been hired by the Consultant to serve a particular role or offer a particular service for the Project. 9. Consultant’s Representations: To induce City to enter into this Agreement, Consultant makes the following representations: a. Consultant has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Consultant 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. 10. Independent Contractor Status/Labor Relations: The parties agree that Consultant is an independent Contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Consultant 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. Consultant is not authorized to represent the City or otherwise bind the City in any dealings between Consultant and any third parties. Consultant 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. Consultant shall maintain workers’ compensation coverage for all members and employees of Consultant’s business, except for those members who are exempted by law. 11. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Consultant agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to 113 Professional Services Agreement – Engineering FY2020-2021 Page 4 of 12 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 Consultant; or (ii) any negligent, reckless, or intentional misconduct of any of the Consultant’s agents. For the professional services rendered, to the fullest extent permitted by law, Consultant 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 Consultant or Consultant’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 which would otherwise exist as to such indemnitee(s). Consultant’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 Consultant to assert its right to defense or indemnification under this Agreement or under the Consultant’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 Consultant 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 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. Consultant also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. 114 Professional Services Agreement – Engineering FY2020-2021 Page 5 of 12 In addition to and independent from the above, Consultant shall at Consultant’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 Consultant in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Consultant 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. Consultant 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 of Bozeman shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Consultant commencing work. Consultant shall notify City within two (2) business days of Consultant’s receipt of notice that any required insurance coverage will be terminated or Consultant’s decision to terminate any required insurance coverage for any reason. 12. Termination for Consultant’s Fault: a. If Consultant 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 Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to Consultant’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 12, Consultant shall be entitled to payment only for those services Consultant actually rendered. c. Any termination provided for by this Section 12 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. 115 Professional Services Agreement – Engineering FY2020-2021 Page 6 of 12 d. In the event of termination under this Section 12, Consultant 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. 13. 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 Consultant (“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 Consultant. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Consultant 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. Consultant 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 13, Consultant is entitled to payment only for those services Consultant actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 13(c) is the sole compensation due to Consultant for its performance of this Agreement. Consultant 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. 14. Limitation on Consultant’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Consultant under this Agreement, Consultant’s damages shall be limited to contract damages and Consultant 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 Consultant wants to assert a claim for damages of any kind or nature, Consultant 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 Consultant becoming aware of the facts and circumstances giving 116 Professional Services Agreement – Engineering FY2020-2021 Page 7 of 12 rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all rights to assert such claim. 15. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Shawn Kohtz, Utilities 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, Consultant 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. Consultant’s Representative: The Consultant’s Representative for the purpose of this Agreement shall be Doug Chandler, PhD, PE, Founder or such other individual as Consultant shall designate in writing. Whenever direction to or communication with Consultant is required by this Agreement, such direction or communication shall be directed to Consultant’s Representative; provided, however, that in exigent circumstances when Consultant’s Representative is not available, City may direct its direction or communication to other designated Consultant 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. 16. Permits: Consultant 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. 17. Laws and Regulations: Consultant 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. 117 Professional Services Agreement – Engineering FY2020-2021 Page 8 of 12 18. Nondiscrimination and Equal Pay: The Consultant agrees that all hiring by Consultant of persons performing this Agreement shall be on the basis of merit and qualifications. The Consultant will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Consultant 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 Consultant 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. Consultant 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). Consultant must report to the City any violations of the Montana Equal Pay Act that Consultant has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Consultant shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 19. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Consultant 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. Consultant 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 Consultant shall be obligated to furnish such proof. The Consultant shall be responsible for instructing and training the Consultant's employees and agents in proper and specified work methods and procedures. The Consultant shall provide continuous inspection and supervision of the work performed. The Consultant is responsible for instructing its employees and agents in safe work practices. 20. Modification and Assignability: This Agreement may not be enlarged, modified, amended or altered except by written agreement signed by both parties hereto. The Consultant may not subcontract or assign Consultant’s rights, including the right to compensation or duties 118 Professional Services Agreement – Engineering FY2020-2021 Page 9 of 12 arising hereunder, without the prior written consent of the City. Any Sub-consultant or assignee will be bound by all of the terms and conditions of this Agreement. 21. Reports/Accountability/Public Information: Consultant agrees to develop and/or provide documentation as requested by the City demonstrating Consultant’s compliance with the requirements of this Agreement. Consultant 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 Consultant pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Consultant shall not issue any statements, releases or information for public dissemination without prior approval of the City. 22. 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. 23. 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. 24. Taxes: Consultant is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 25. 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. 26. Survival: Consultant’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 119 Professional Services Agreement – Engineering FY2020-2021 Page 10 of 12 27. 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. 28. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 29. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 30. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 31. 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. 32. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 33. 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. 34. Standard of Care: In providing services under this Agreement, Consultant will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the Consultant shall, at the City’s request, re- perform the service at its own expense. Consultant shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The City’s rights herein are in addition to any other remedies the City may have under the law 35. Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all monies due Consultant under this Agreement, Consultant’s work products produced under this Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or modification of the work products will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants. 120 Professional Services Agreement – Engineering FY2020-2021 Page 11 of 12 36. 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 **** 121 Professional Services Agreement – Engineering FY2020-2021 Page 12 of 12 In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA CONSULTANT BY: BY: Chuck Winn, Interim City Manager Douglas Chandler, PhD, PE, Founder DATE: DATE: ATTEST: BY: Mike Maas, City Clerk APPROVED AS TO FORM: BY: Greg Sullivan, City Attorney 122 Civil ● Geotechnical ● Water Resources ● Land Surveying ● Construction Services Corporate Office 32 Discovery Dr. Bozeman, MT 59718 Ph: (406) 582-0221 www.alliedengineering.com DUNS: 00-769-3724 CAGE: IGHU7 Shawn Kohtz, PE Utilities Director 20 East Olive Bozeman, MT 59715 June 12, 2024 RE: Exhibit A - Scope of Work for Bozeman Creek Flood Conveyance PER The project is to develop a preliminary engineering report (PER) to evaluate options to mitigate the existing flood hazard to Bozeman, Montana by Bozeman Creek concentrated in downtown Bozeman near the Main Street area, a major thoroughfare in the city as well as a critical artery to the local hospital. Major flooding has occurred multiple times in this area over the last 50 years including extensive flooding in May 2011. The Bozeman Creek reach of interest is approximately 3.8 miles long through downtown starting upstream at Kagy Boulevard and continuing to the East Gallatin River. The reach includes about 22 bridges or structures including three “tunnels” totaling about 700 feet of stream length in the downtown district. The longest tunnel was built in 1890 and traverses under Main Street and two historic buildings. The reach is covered by four FEMA FIRM (Flood Insurance Rate Map) Panels with an effective date of 4-21-21. The floodplain model indicates that the tunnels are undersized by about half and force the flood to flow through town on various streets and routes that are deemed administrative floodways in the model. The City of Bozeman retained Allied Engineering Services, Inc. (AESI) in the past to perform detailed 2D modelling of numerous critical areas. The detailed modelling confirmed the flood hazard represented by the undersized tunnels was one of the main drivers of flooding in the downtown district. The historic flood tunnels have irregular cross sections as well as limited open area. In addition, the tunnels are subject to plugging by flood debris (e.g., trees, branches, trash) which can exacerbate flooding beyond what is shown on the regulated FEMA flood maps. The City of Bozeman and cooperating non-profit organizations are partnering together for this work to develop sustainable solutions as part of the PER. There is considerable interest in opening the tunnel sections of Bozeman Creek back up to a natural looking and functioning creek channel able to convey the flood water but also providing other benefits including environmental services and recreation. Regardless of the exact limits of the study, the scope of work would include: 1) Preliminary conference call with the Department of Commerce prior to beginning the Project to confirm Project components and design as required by Department of Commerce. 2) Obtaining and reviewing the existing effective hydraulic model(s) and notes for the effective FEMA floodplain model (2021) for the prescribed reach and converting this model to a 2D model for purposes of analyzing alternatives. 3) Gathering plans and available information for existing surface, underground and overhead utilities, bridges, culverts, and other pertinent infrastructure through this reach. This would 123 Exhibit A Scope of Work for Bozeman Creek Flood Conveyance PER 23-157 6-13-24 Bozeman Office: 32 Discovery Drive. Bozeman, Montana 59718. ● Ph: (406) 582-0221 ● Fax: (406) 582-5770 Page 2 include a new terrestrial LiDAR scan of the existing 325’ long tunnel under Main Street and two buildings plus two other shorter upstream tunnels/culverts. 4) Inventorying and characterizing flood insurance data and specific properties that are presently within the regulatory 100 year floodway, floodplain, and the shallow flooding zones that are potential routes of the proposed conveyance channel. 5) Inventorying and summarizing historical data related to past flood damage in the designated reach. 6) Inventorying and summarizing present FEMA data on annual flood insurance costs and the estimated flood damage for various events and time periods. 7) Roughly modelling the floodplain for a design event that included full or partial blockage of the existing tunnel under Main Street and the other tunnel(s) upstream. 8) Settling on a design flood flow. This will likely be the existing FEMA flow rates. 9) Designing and hydraulic modelling of rough grading concepts that would convey the design flood through town and developing conceptual design alternatives including no action. Note that the design and modelling of a new channel is necessarily more than just eliminating the constriction at the existing tunnel (s). If those restrictions are removed, the downstream channel must also be enlarged to convey the enlarged flow that presently is spread out to the existing flood plain by the tunnel constriction(s). 10) Conceptual design and cost estimating of infrastructure changes required for the proposed new conveyance channel (i.e. modifications to water, sewer, storm sewer, bridges, culverts, etc.). 11) Rough costs of right of way acquisition (i.e. purchase of existing buildings, homes and lots) to accommodate the flood channel. 12) Rough Cost/Benefit analyses of the alternatives. 13) Lead two public meetings to present and discuss the draft and later the final PER and recommended alternative. 14) Professional Engineering Services to complete a Preliminary Engineering Report (PER) that meets the requirements and follows the format of the most recent edition of the Uniform PER Outline, to study the stormwater system; 15) Submit one (1) electronic copy of the stormwater PER to the Department of Commerce and to the City of Bozeman. 16) Assist the City of Bozeman as needed to perform the administration of this Contract pursuant to the most current version of the MCEP Administration Guidelines for Infrastructure Planning Grants. Based on our experience modelling FEMA flood plains for Montana Department of Natural Resources, we believe the above scope of work will cost more than the $40,000 grant funding plus 20% local match. We are committed to completing the work for the available $48,000 budget and will consider any excess work a contribution to the community and the Bozeman Creek vision. Since any significant increase would also boost the cost of the project to an amount greater than the $50,000 Qualifications Based Selection exemption, it would also be contrary to the state and city regulations to receive an increase in fee for the work. Allied Engineering Services, Inc. Douglas S. Chandler, PhD, PE, Founder 124 1 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman MONTANA DEPARTMENT OF COMMERCE MONTANA COAL ENDOWMENT PROGRAM CONTRACT #MT-MCEP-PL-25-015 This agreement (“Contract”) is entered into by the City of Bozeman, Montana (“Grantee”) and the Montana Department of Commerce (“Department”). The Grantee and the Department hereby agree to the following terms: Section 1. PURPOSE The purpose of this Contract is to provide funding to the Grantee for infrastructure planning activities approved by the Department under the Montana Coal Endowment Program (“MCEP” or “Program”) as authorized by HB 11, passed by the 68th Legislature and as signed into law by Governor Gianforte on May 18, 2023 (Chapter 595, Laws 2023). The Montana Coal Endowment Program was formerly known as the Treasure State Endowment Program. Any references to the Treasure State Endowment Program or “TSEP” now refer to the Montana Coal Endowment Program as authorized by the 67th Montana Legislature in Senate Bill 258 (Chapter 330, Laws 2021). Section 2. AUTHORITY This Contract is issued under authority of Title 90, Chapter 6, Part 7 of the Montana Code Annotated (“MCA”), Title 8, Chapter 94, Subchapter 38 of the Administrative Rules of Montana (“ARM”), and the terms of Chapter 595, Laws 2023. Section 3. APPLICATION INCORPORATED BY REFERENCE The Grantee's application for Program assistance, including any written modifications or reports resulting from the review of the application by the Department (collectively “Project”), is specifically incorporated into this Contract by this reference and the representations made therein are binding upon the Grantee. Section 4. ACCEPTANCE OF PROGRAM REQUIREMENTS (a) The Grantee will comply with all applicable local, state, and federal laws as well as all applicable regulations, ordinances, and resolutions now in effect or as may be amended during the term of this Contract. In particular, Grantee will comply with the terms of Montana HB 11 (Chapter 595, Laws 2023), the terms of which are incorporated herein by reference. Grantee will comply with all administrative directives and procedures that may be established or amended by the Department for the Program, including the most current version of the MCEP Administration Guidelines for Infrastructure Planning Grants maintained by the Department. (b) The Grantee agrees that all contracts and subcontracts it enters into for the completion of the activities described in Section 6 will require such contractors, DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 125312 2 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman subcontractors, and subrecipient entities to also comply with all requirements placed on the Grantee in paragraph (a) of this Section. (c) The Grantee agrees to repay to the Department any funds advanced under this Contract that the Grantee, its contractors, subcontractors, or subrecipient entities, or any public or private agent or agency to which it delegates authority to carry out any portions of this Contract, expends in violation of: (i) the terms of this Contract; (ii) the statutes, and regulations governing the Program; (iii) or any applicable local, state, or federal requirements. (d) The Grantee acknowledges and agrees that neither the funding of the Project under this Contract nor any review of the final deliverables by the Department constitutes the Department’s approval or endorsement of the contents of such, and that such funding and/or review will have no influence on the Department’s ranking of a subsequent application from the Grantee for any project grant. Section 5. EFFECTIVE DATE AND TIME OF PERFORMANCE (a) This Contract shall take effect upon execution by the parties and will terminate on March 31, 2026 or upon approval of Grantee’s Project completion report by the Department, whichever is later, unless otherwise terminated in accordance with this Contract. (b) All authorized expenses to be reimbursed must be incurred by the Grantee between March 14, 2024 and no later than December 31, 2025. All requests for reimbursement must be submitted to the Department within ninety (90) days after December 31, 2025. (c) The activities to be performed by the Grantee will be completed according to the implementation schedule set forth in Exhibit A. The Grantee may modify the implementation schedule set forth in Exhibit A only with prior written approval of the Department. (d) The Grantee will procure its engineer or other primary contractor to complete the Project within six (6) months of the execution of this Contract or the Contract will terminate unless the Department determines, in its sole discretion, that Grantee has demonstrated substantial progress towards procuring an engineer. (e) The Department may grant an extension to this Contract upon request by the Grantee if the Department determines, in its sole discretion, that the Grantee has demonstrated progress toward completion of the Project, has engaged in a good faith effort to comply with the duties, terms, and conditions of this Contract, and that the failure to comply with any of those services, duties, terms, or conditions resulted from circumstances beyond the Grantee’s control. A written request for an extension must be submitted at least sixty (60) days prior to March 31, 2026. DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 126313 3 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman Section 6. SCOPE OF WORK The Grantee will complete the Project and administer this Contract in compliance with the Project management plan, including any amendments, approved by the Department. The Grantee will use Program funds for the following major components of the Project: • Preliminary conference call with the Department prior to beginning the Project to confirm Project components and design; • Professional Engineering Services to complete a Preliminary Engineering Report (PER) that meets the requirements and follows the format of the most recent edition of the Uniform PER Outline, to study the stormwater system; • Limited administration of this Contract pursuant to the most current version of the MCEP Administration Guidelines for Infrastructure Planning Grants; and • Submit one (1) electronic copy of the stormwater PER to the Department. Section 7. BUDGET (a) The total amount to be awarded to the Grantee under this Contract shall not exceed $40,000. (b) A copy of the Project budget is attached as Exhibit B and specifically incorporated herein by this reference. Any changes to the budget as proposed and incorporated within this Contract require a written request to and approval by the Department. (c) Any authorized funds not expended under this grant by the later date referenced in Section 5(b) or otherwise accounted for in accordance with the provisions of this Section will revert to the Department and will be used to finance other Program projects. Section 8. ACCESS TO AND RETENTION OF RECORDS (a) The Grantee agrees to create and maintain records supporting the services covered by this Contract, including but not limited to, financial records, supporting documents, and such other records as are required by law or other authority, for a period of five (5) years after either the termination date of the Contract or the conclusion of any claim, litigation, or exception relating to the Contract taken by the State of Montana or third party, whichever is later. These records will be kept in the Grantee’s offices. (b) The Grantee shall provide the Department, Montana Legislative Auditor, or their authorized agents access to any records related to the Project or otherwise necessary to determine contract compliance, at no cost to the Department, the DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 127314 4 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman Montana Legislative Auditor, or their authorized agents. Section 9. LIAISONS All project management and coordination on behalf of the Department shall be through a single point of contact designated as the Department’s liaison. Grantee shall designate a liaison that will provide the single point of contact for management and coordination of Grantee’s work. All work performed pursuant to this Contract shall be coordinated between the Department’s liaison and the Grantee’s liaison. The liaisons for this Contract are: For the Department: For the Grantee: Alisha Oellermann (or successor) Jamie Grabinski (or successor) Program Specialist, MDOC Grants Coordinator, City of Bozeman 301 S. Park Ave. 121 N. Rouse Ave P.O. Box 200523 Bozeman, MT 59715 Helena, MT 59620-0523 406-582-2364 406-841-2226 jgrabinski@bozeman.net alisha.oellermann2@mt.gov Section 10. METHOD OF REIMBURSEMENT (a) The Department will use the funds appropriated in HB 11 to fund infrastructure planning awards to Grantees that have received a notice of award letter from the Department. Grantee acknowledges that its access to Program funds is subject to their availability. (b) The Department agrees that, if and when the funds described in paragraph (a) of this Section are available, the Department will authorize the Grantee to request reimbursement from funding awarded for the Project. (c) The Department agrees to reimburse the Grantee for eligible Project costs incurred on or after the date identified in Section 5(b) upon the successful completion of activities set forth in Section 6. All reimbursements must be supported by adequate documentation requested by the Department and provided by the Grantee, and require Department approval of the Grantee’s request for reimbursement. In requesting reimbursement, the Grantee will follow the instructions supplied by the Department. (d) Payment to the Grantee for approved Project activities under this Contract will generally be in accordance with the disbursement schedule listed below: (i) Payment #1 – 50% of the grant award amount will be available after the Department receives a draft of the Project deliverables in accordance with the preliminary conference call. This draft will also serve to document that DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 128315 5 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman the Grantee is adequately proceeding toward the preparation of a complete and acceptable final product. (ii) Payment #2 – The remaining 50% of the grant award amount will be available after the Department receives a final copy of all required deliverables to be completed under the Contract, proof of matching funds, a Project completion report, and Grantee’s final request for funds. (e) The Department will not reimburse the Grantee for any costs incurred prior to the date identified in Section 5(b), any expenses not included in Exhibit B or an approved adjustment thereto, any ineligible expenses as set forth in the most current version of the MCEP Administration Guidelines for Infrastructure Planning Grants, or any expenses not adequately supported in writing by the Grantee's records. (f) As set forth in Section 17, if the Grantee fails to or is unable to comply with any of the terms and conditions of this Contract any costs incurred will be the Grantee's sole responsibility. (g) The Grantee understands and acknowledges that the Department will report to the Legislature and Legislative Interim Committees on the status of all Program projects in accordance with HB 11. If the Department determines that the Grantee has failed to commence its project in a timely manner or complete its Project by the date prescribed in this Contract, the Department may recommend to the Legislature that the Contract be terminated. If that occurs, any remaining Project funds will revert to the Department and may be used, at the Department’s discretion, to fund other Program grants. (h) The Department is allowed fifteen (15) business days to process a request for reimbursement once adequate supporting documentation has been received by the Department. The Grantee shall provide banking information before or at the time of Contract execution in order to facilitate electronic funds transfer payments. (i) If the Grantee changes one of its sources of funding or the cost of the Project increases after the Grantee has obtained the firm commitment of non-Program funds, the Department may, at its discretion, suspend the distribution of Program funds until the Grantee obtains a firm commitment of funds for the full Project budget. (j) The Department may reduce the Grantee’s amount of Program funds provided by this Contract if actual Project expenses are lower than projected by the Grantee in Exhibit B or the Grantee obtains a greater amount of grant funds from other sources than as presented in the Project application. (k) If the Department, in its sole discretion, determines that the Grantee has failed to satisfactorily carry out its responsibilities under this Contract or has breached DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 129316 6 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman the terms of this Contract, the Department may withhold reimbursement to the Grantee until such time as the Department and the Grantee agree on a plan to remedy the deficiency. (l) Requests for reimbursement for contracted or subcontracted services must include appropriate documentation demonstrating compliance with contract requirements. (m) The Grantee may not use monies provided through this Contract as payment for Project costs that are reimbursed from other sources. (n) The Department, in its sole discretion, may allow the Grantee to amend Section 6. The Department will review the following: likelihood to expend all grant funds prior to the deadline in Section 5(b); progress toward completion of the Project; good faith effort to comply with any of the duties, terms, and conditions of this Contract; and the failure to comply with any of those services, duties, terms, or conditions resulted from circumstances beyond the Grantee’s control. A written request for an amendment to Section 6 must be submitted at least sixty (60) days prior to the termination date of this Contract. Section 11. REPORTING REQUIREMENTS (a) Project Progress Reports: During the term of this Contract the Grantee will submit Project progress reports to the Department in conjunction with each request for reimbursement. These reports will describe the status of the activities set forth in Section 6, including, at a minimum, the percentage completed, costs incurred, funds remaining, and projected completion date. Additionally, the report must provide documentation supporting each claim for expenses to be reimbursed, describe any significant problems encountered in carrying out the Project, and the scope of any necessary modifications the Grantee is requesting in the Project scope of work, budget, or implementation schedule. The Department, at its sole discretion, may decline to honor any request for reimbursement if the required project progress report has not been submitted to or approved by the Department. (b) Project Completion Report: Upon completion of the Project, the Grantee will submit a final Project completion report for Department approval. The Project completion report will describe the total costs incurred for the Project, identify the final completion date, and summarize any significant problems encountered in carrying out the Project. Upon approval of the Project completion report, the Department will issue a notice of Project close-out. Section 12. PROJECT MONITORING The Department or any of its authorized agents may monitor and inspect all phases and aspects of the Grantee's performance to determine compliance with Section 6 of this Contract, the proper use of funds, and other technical and administrative requirements of DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 130317 7 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman this Contract, including the adequacy of the Grantee’s records and accounts. The Department may advise the Grantee of any specific areas of concern and provide the Grantee opportunity to propose corrective actions acceptable to the Department. Section 13. NOTICE All notices required under the provisions of this Contract must be in writing and delivered to the parties’ liaisons identified herein either by first class mail, electronic mail, or personal service. Section 14. REFERENCE TO CONTRACT The Contract number must appear on all invoices, reports, and correspondence pertaining to the Contract. If the number is not provided, the Department is not obligated to pay the invoice. Section 15. ASSIGNMENT, TRANSFER AND SUBCONTRACTING The Grantee may not assign, transfer, or subcontract any portion of this Contract without the Department's prior written consent. (§ 18-4-141, MCA). The Grantee is responsible to the Department for the acts and omissions of all Grantee’s subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Grantee. No contractual relationships exist between any subcontractor and the Department under this Contract. Section 16. CONTRACT AMENDMENT This Contract may not be enlarged, modified, or altered without a written agreement signed by all parties to the Contract. Section 17. TERMINATION OF CONTRACT This Contract may only be terminated in whole or in part as follows: (a) Termination Due to Loss or Reduction of Funding: The Department, at its sole discretion, may terminate or reduce the scope of this Contract if any funding sources are eliminated or reduced for any reason, including as permitted by Montana Code Annotated § 18-4-313(4). If a termination or modification is required, the Department may, if sufficient Program funds are available, compensate the Grantee for eligible services rendered and actual, necessary, and eligible expenses incurred as of the revised termination date. The Department will notify the Grantee of the effective date of the termination or modification of this Contract and, if a reduction in funding is required, provide the Grantee with a modified Project budget. (b) Termination for Cause with Notice to Cure Requirement: The Department may DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 131318 8 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman terminate this Contract for failure of the Grantee, its contractors, subcontractors, or subrecipient entities to perform or comply with any of the services, duties, terms, or conditions contained in this Contract after giving the Grantee written notice of the stated failure. The written notice will demand performance of the stated failure within a specified period of time not less than thirty (30) calendar days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period. (c) Effect of Termination: In the event of termination due to the Grantee's, its contractors’, subcontractors’, or subrecipient entities’ failure to perform or comply with any of the services, duties, terms, or conditions of this Contract, any costs incurred will be the sole responsibility of the Grantee. However, at its sole discretion, the Department may approve written requests by the Grantee for reimbursement of eligible expenses incurred. The Department's decision to authorize payment of any costs incurred or to recover expended Program funds will be based on a consideration of the extent to which the expenditure of those funds represented a good faith effort of the Grantee to comply with any of those services, duties, terms, or conditions of this Contract, and on whether the failure to comply with any of those services, duties, terms, or conditions resulted from circumstances beyond the Grantee's control. Section 18. COMPLIANCE WITH APPLICABLE LAWS Grantee shall, in performance of work under this Contract, fully comply with all applicable federal, state, or local laws, rules, regulations, and executive orders including but not limited to, the Montana Human Rights Act, the Equal Pay Act of 1963, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Grantee is the employer for the purpose of providing healthcare benefits and paying any applicable penalties, fees and taxes under the Patient Protection and Affordable Care Act [P.L. 111-148, 124 Stat. 119]. Any subletting or subcontracting by Grantee subjects subcontractors to the same provisions. In accordance with § 49-3-207, MCA, and Executive Order No. 04-2016. Grantee agrees that the hiring of persons to perform this Contract will be made on the basis of merit and qualifications and there will be no discrimination based on race, color, sex, pregnancy, childbirth or medical conditions related to pregnancy or childbirth, political or religious affiliation or ideas, culture, creed, social origin or condition, genetic information, sexual orientation, gender identity or expression, national origin, ancestry, age, disability, military service or veteran status, vaccination status, or marital status by the persons performing this Contract. Section 19. ACCOUNTING, COST PRINCIPLES, AND AUDITING (a) The Grantee, in accordance with §§ 2-7-503, 2-7-504, MCA, implementing administrative rules, and other authorities, must maintain for the purposes of this Contract an accounting system of procedures and practices that conforms to Generally Accepted Accounting Principles (“GAAP”). DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 132319 9 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman (b) The Department, any other legally authorized governmental entity, or their authorized agents may, at any time during or after the term of this Contract, conduct in accordance with §§ 2-7-503, 5-13-304, and 18-1-118, MCA and other authorities, audits for the purposes of ensuring the appropriate administration, expenditure of monies, and delivery of services provided through this Contract, at no cost to the Department. Section 20. AVOIDANCE OF CONFLICT OF INTEREST (a) The Grantee will comply with §§ 2-2-121, 2-2-201, 7-3-4256, 7-3-4367, 7-5-2106, and 7-5-4109, MCA, as applicable, and any other applicable local, state, or federal law regarding the avoidance of conflict of interest. (b) The Grantee agrees that none of its officers, employees, or agents will solicit or accept gratuities, favors, or anything of monetary value from contractors, subcontractors, or potential contractors and subcontractors, who provide or propose to provide services relating to the project funded under this Contract. (c) The Grantee shall promptly refer to the Department any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor, or other person has submitted any false claim or has committed any criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving funds provided under this Contract. Section 21. COMPLIANCE WITH WORKERS’ COMPENSATION ACT Grantees shall comply with the provisions of the Montana Workers’ Compensation Act while performing work for the State of Montana in accordance with Sections 39-71-401, 39-71-405, and 39-71-417, MCA. The Grantee accepts responsibility for supplying, and requiring all subcontractors to supply, the Department proof of compliance with the Montana Worker’s Compensation Act while performing work for the State of Montana. The Grantee agrees that neither the Grantee nor its employees are employees of the state. Proof of compliance must be in the form of workers’ compensation insurance, an independent contractor's exemption, or documentation of corporate officer status. This insurance/exemption must be valid for the entire term of the Contract. Proof of compliance and renewal documents must be sent to the Department within thirty (30) calendar days of Contract execution. Section 22. OWNERSHIP AND PUBLICATION OF MATERIALS All reports, information, data, and other materials prepared by the Grantee or any of its contractors or subcontractors in furtherance of this Contract are the property of the Grantee and the Department. Both Grantee and the Department have the royalty-free, nonexclusive, and irrevocable right to reproduce, publish, authorize others to use, and to otherwise use, in whole or part, such property and any information relating thereto. No DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 133320 10 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman material produced in whole or part under this Contract may be copyrighted or patented in the United States or in any other country without the prior written approval of both the Department and the Grantee. Section 23. INSURANCE (a) General Requirements: Grantee must maintain and assure that its representatives, assigns, and subcontractors maintain for the duration of the Contract, at their own cost and expense, primary liability insurance against claims for injuries to persons or damages to property, including contractual liability, that may arise from or in connection with the performance of the duties and obligations in the Contract by Grantee, its agents, employees, representatives, assigns, or subcontractors. This insurance must cover such claims as may be caused by any negligent act or omission. The State, its officers, officials, employees, and volunteers must be covered as additional insureds for all claims arising out of the use of grant proceeds provided by the State of Montana. (b) Primary Insurance: Grantee’s insurance coverage must be primary insurance with respect to the State of Montana, its elected or appointed officers, officials, employees, or volunteers and the State’s insurance will not contribute with it. (c) General Liability Insurance: At its sole cost and expense, Grantee must purchase and maintain occurrence coverage with minimum combined single limits of $1 million per occurrence and $2 million aggregate per year, or as established by statutory tort limits of $750,000 per claim and $1,500,000 per occurrence as provided by a self-insurance pool insuring counties, cities, or towns, as authorized under Section 2-9-211, MCA. (d) Professional Liability Insurance: Grantee shall assure that any representatives, assigns, and subcontractors performing professional services under this Contract purchase occurrence coverage with combined single limits for each wrongful act of $1,000,000 per occurrence and $2,000,000 aggregate per year. Note: if "occurrence" coverage is unavailable or cost prohibitive, the contractor may provide "claims made" coverage provided the following conditions are met: (1) the commencement date of the Contract must not fall outside the effective date of insurance coverage and it will be the retroactive date for insurance coverage in future years; and (2) the claims made policy must have a three (3) year tail for claims that are filed after the cancellation or expiration date of the policy. (e) General Provisions: All insurance coverage must be with a carrier licensed to do business in the State of Montana and with a Best’s rating of at least A-, or by a public entity self-insured program either individually or on a pool basis as provided by Title 2, MCA. All certificates and endorsements must be received by the Department prior to beginning any activity provided for under the Contract. Grantee must notify the Department immediately of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 134321 11 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman etc. The Department reserves the right to request complete copies of Grantee’s insurance policy, including endorsements, at any time. Section 24. HOLD HARMLESS AND INDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify and hold harmless State, its elected and appointed officials, officers, agents, directors, and employees from and against all claims, damages, losses and expenses, including the cost of defense thereof, to the extent caused by or arising out of the Grantee’s negligent acts, errors, or omissions in work or services performed under this Contract, including but not limited to, the negligent acts, errors, or omissions of any subcontractor or anyone directly or indirectly employed by any subcontractor for whose acts subcontractor may be liable. Claims under this provision also include those arising out of or in any way connected with the Grantee's breach of this contract, including any Claims asserting that any of the Grantee's employees are actually employees or common law employees of the State or any of its agencies, including but not limited to, excise taxes or penalties imposed on the State under Internal Revenue Code (“Code”) §§ 4980H, 6055 or 6056. Section 25. DEFAULT Failure on the part of either party to perform the provisions of the Contract constitutes default. Default may result in the pursuit of remedies for breach of contract as set forth herein or as otherwise legally available, including but not limited to damages and specific performance. Section 26. DEBARMENT The Grantee certifies and agrees to ensure during the term of this Contract that neither it nor its principals, contractors, subcontractors, or subrecipient entities are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Contract by any governmental department or agency. Section 27. FORCE MAJEURE Neither party will be liable for any failure or delay in performing its duties in this agreement due to Force Majeure Events. “Force Majeure Event” means an event or circumstance beyond a party’s reasonable control, such as natural catastrophes and acts of terrorism or war, and the consequences of that event or circumstance. Force Majeure Event does not include a strike or other labor unrest that affects only that party, an increase in prices or other change in general economic conditions, a change in law, or an event or circumstance that results in that Party’s not having sufficient funds to comply with an obligation to pay. If a Force Majeure Event continues for 30 days, the other party may terminate this agreement or suspend payments while the event continues. DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 135322 12 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman Section 28. SEPARABILITY A declaration by any court, or any other binding legal forum, that any provision of the Contract is illegal or void shall not affect the legality and enforceability of any other provision of the Contract, unless the provisions are mutually dependent. Section 29. ARBITRATION Unless otherwise agreed to in writing or provided for by law, arbitration is not available to the parties as a method of resolving disputes that would arise under the Contract. Section 30. NO WAIVER OF BREACH No failure by the Department to enforce any provisions hereof after any event of breach will be deemed a waiver of its rights regarding that event, or any subsequent event. No express failure of any event of breach will be deemed a waiver of any provision hereof. No such failure or waiver will be deemed a waiver of the right of the Department to enforce each and all the provisions hereof upon any further or other breach on the part of the Grantee. Section 31. JURISDICTION AND VENUE This Contract is governed by the laws of Montana. The parties agree that any litigation concerning this Contract must be brought in the First Judicial District in Lewis and Clark County, State of Montana and each party must pay its own costs and attorney fees, except as provided in Section 24, Hold Harmless and Indemnification Remainder of page intentionally left blank. DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 136323 13 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman Section 32. INTEGRATION The Contract contains the entire agreement between the parties. No statements, promises, or inducements of any kind made by either party or the agents of either party, not contained herein or in a properly executed amendment hereto are valid or binding. The parties through their authorized agents have executed this Contract on the dates set out below. GRANTEE: Chuck Winn, Interim City Manager Date City of Bozeman ATTEST: Mike Maas, City Clerk APPROVED AS TO FORM: Greg Sullivan, City Attorney DEPARTMENT: Mandy Rambo, Deputy Director Date DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 6/6/2024 6/6/2024 137324 14 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman EXHIBIT A Implementation Schedule TASK MONTH PROJECT START UP Preparation of MDOC Contract May 2024 PROCUREMENT OF PROFESSIONAL ASSISTANCE Submit Request for Proposals to DOC for approval, if required June 2024 Publish RFP July 2024 Select professional August 2024 Execute agreement with professional September 2024 PROJECT IMPLEMENTATION Prepare draft deliverables March 2025 Submit interim Request for Funds, Progress Report and draft deliverables May 2025 Public review and comment July 2025 Finalize deliverables September 2025 PROJECT CLOSE OUT Submit final deliverables December 2025 Submit final Request for Funds and Completion Report March 2026 DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 138325 15 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman EXHIBIT B Budget SOURCE: MCEP SOURCE: Local TOTAL Professional Engineering Services $40,000 $10,000 $50,000 DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 139326 Contract Information Sheet Division staff are required to complete the items in blue print.Last Revised September 2023 Contract Number:MT-MCEP-PL-25-015 Original Contract Amount:40,000.00 Contractor's Name:City of Bozeman Amount of Prior Amendments: Contractor Liaison:Jamie Grabinski Current Amendment Amount: Contractor's Liaison Email:jgrabinski@bozeman.net Total Contract Value:40,000.00 Approved to Form Name:Greg Sullivan Approved to Form Email:gsullivan@bozeman.net Funding Source:State Contractor (signee) Name:Chuck Winn Contractor's Email:cwinn@bozeman.net Program Number/Division:60 - Community MT Contractor's Address:121 N Rouse St, Suite 201 Org Number:608025 Contractor's Address 2:Bozeman, MT 59715 Vendor Number:23437 Attest Name:Mike Maas Project Name (optional):MCEP-PL-25-015 Attest Email:mmaas@bozeman.net Start Date:Upon execution Delegation:Commerce End Date:3/31/2026 Procurement Method:Exempt*Absolute End Date: Contract Type:Grant Contract Usage:Fixed Liaison:Alisha Oellermann Program Manager:scrider@mt.gov Liaison Email:alisha.oellermann2@mt.gov Bureau Chief:galen.steffens@mt.gov Liaison Phone:406-841-2226 Additional Email: Signatures:Copies To: Division Administrator Liaison Fiscal Review Director (> $200K) Legal Counsel Deputy Director (<$25K) Deputy Director Perceptive OBPP Information Technology SITSD Delegation Agreement Section 5.1 * Grants with governments. Stormwater preliminary engineering report. The proposed project is to develop a preliminary engineering report (PER) to evaluate options to mitigate the existing flood hazard to Bozeman, Montana by Bozeman Creek concentrated in downtown Bozeman near the Main Street area, a major thoroughfare in the city as well as a critical artery to the local hospital. Purpose of this contract/amendment: Scope & duties of this contract: DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 6/6/2024 6/6/2024 6/6/2024 140327 Certificate Of Completion Envelope Id: FE8D4ED800AE430E84D7314CF46EFC3D Status: Completed Subject: Montana Department of Commerce Contract #MT-MCEP-PL-25-015 for Signature Source Envelope: Document Pages: 16 Signatures: 7 Envelope Originator: Certificate Pages: 6 Initials: 0 Contracts Admin AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) PO Box 200501 301 S. Park Ave Helena, MT 596200501 doccontracts@esign.mt.gov IP Address: 161.7.39.7 Record Tracking Status: Original 6/6/2024 8:06:18 AM Holder: Contracts Admin doccontracts@esign.mt.gov Location: DocuSign Signer Events Signature Timestamp Mandy Rambo Mandy.rambo@mt.gov Deputy Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 6/6/2024 8:22:07 AM Viewed: 6/6/2024 8:31:41 AM Signed: 6/6/2024 8:31:47 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Judy Clay judy.clay@mt.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 6/6/2024 8:31:48 AM Viewed: 6/6/2024 9:00:37 AM Signed: 6/6/2024 9:01:46 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 9:00:37 AM ID: e93e2780-0876-4228-88d5-b5152eaf6bf6 Bonnie Martello bmartello@mt.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 6/6/2024 9:01:48 AM Viewed: 6/6/2024 9:28:40 AM Signed: 6/6/2024 9:28:45 AM Electronic Record and Signature Disclosure: Accepted: 9/23/2016 10:59:41 AM ID: 1b1b08d4-a7e2-4780-be4c-48c085b25cec Chuck Winn cwinn@bozeman.net Assistant City Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 69.145.53.144 Signed using mobile Sent: 6/6/2024 9:28:47 AM Viewed: 6/6/2024 9:52:56 AM Signed: 6/6/2024 9:53:34 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 9:52:56 AM ID: 0990dcbf-c2d5-4a03-afd7-0076d7c86569 141328 Signer Events Signature Timestamp Greg Sullivan gsullivan@bozeman.net Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 6/6/2024 9:53:36 AM Viewed: 6/6/2024 10:21:26 AM Signed: 6/6/2024 10:21:47 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 10:21:26 AM ID: 8fed6de1-2a44-4ae0-9010-409db3fbcb85 Mike Maas mmaas@bozeman.net Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 6/6/2024 10:21:49 AM Viewed: 6/6/2024 11:05:16 AM Signed: 6/6/2024 11:05:30 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 11:05:16 AM ID: a24cfe0b-9712-415f-9fdf-256bfa1ad5b6 Mandy Rambo Mandy.rambo@mt.gov Deputy Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 6/6/2024 11:05:32 AM Viewed: 6/6/2024 11:20:57 AM Signed: 6/6/2024 11:21:03 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Stephanie Crider scrider@mt.gov Security Level: Email, Account Authentication (None) Sent: 6/6/2024 8:22:07 AM Viewed: 6/6/2024 9:32:03 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 9:10:49 AM ID: 3861279e-9843-4a2a-a966-da31b2937534 Jamie Grabinski jgrabinski@bozeman.net Security Level: Email, Account Authentication (None) Sent: 6/6/2024 8:22:07 AM Viewed: 6/6/2024 8:45:14 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign 142329 Carbon Copy Events Status Timestamp Alisha Oellermann Alisha.Oellermann2@mt.gov Security Level: Email, Account Authentication (None) Sent: 6/6/2024 8:22:08 AM Electronic Record and Signature Disclosure: Accepted: 5/24/2024 1:58:08 PM ID: 2c0129a1-8997-4983-bc4f-f342fbde93f5 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/6/2024 8:22:08 AM Certified Delivered Security Checked 6/6/2024 11:20:57 AM Signing Complete Security Checked 6/6/2024 11:21:03 AM Completed Security Checked 6/6/2024 11:21:03 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 143330 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, MT Dept of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures Electronic Record and Signature Disclosure created on: 10/7/2014 8:41:47 AM Parties agreed to: Judy Clay, Bonnie Martello, Chuck Winn, Greg Sullivan, Mike Maas, Stephanie Crider, Alisha Oellermann 144331 electronically from us. 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By checking the ‘I agree’ box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify MT Dept of Commerce as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by MT Dept of Commerce during the course of my relationship with you. 146333 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist David Fine, Economic Development Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the Interim City Manager to Sign a Task Order 4 with Sanderson Stewart for On-Call Miscellaneous Professional Services for the Midtown Urban Renewal District MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Task Order 4 with Sanderson Stewart for on-call miscellaneous professional services for the Midtown Urban Renewal District. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Economic Development Department (EDD) employs a tax increment financing provision to facilitate private sector investment in the urban renewal districts. On August 9, 2023, the EDD began the public request for qualifications (RFQ) process seeking a collaborator in implementing the adopted urban renewal and technology district plans as well as the the 2023 Economic Vitality Strategy. Sanderson Stewart was competitively selected for a term contract. These term contracts allow for more responsive delivery of public services by front-loading competitive procurement of services instead of doing new procurement for every new project or service. Task Order 4 for miscellaneous on-call professional services in the Midtown Urban Renewal District represents miscellaneous planning, engineering, analysis, and design services to be provided on an as-needed basis. Task Order 004 will allow Staff to utilize Sanderson Stewart's expertise in design on an as-needed, time and materials basis as relevant opportunities arise. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the Commission. FISCAL EFFECTS:Sanderson Stewart will bill for its services on a time-and-materials basis not to exceed $20,000 which is available in the professional services line item of the Midtown Urban Renewal District budget. 147 Attachments: URD Task Order 004.pdf Rate Sheets Exhibit B.pdf Report compiled on: June 12, 2024 148 City of Bozeman Urban Renewal District Term Contract Task Order Number #004 PROJECT: On-Call Miscellaneous Professional Services Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. This Task Order is dated June 25, 2024 between the City of Bozeman Midtown Urban Renewal District (URD) and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: City: David Fine, Urban Review Project Manager Contractor: Lauren Waterton, Sanderson Stewart SCOPE OF WORK: The scope for this task order shall include miscellaneous planning, engineering, analysis, and design services to be provided on an as-needed basis at the request of the Midtown URD. COMPENSATION: Sanderson Stewart will bill for its services on a time-and-materials basis not to exceed $20,000.00. Sanderson Stewart shall submit invoices to the City of Bozeman for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “time-and-materials basis” according to the attached standard rate sheets for Sanderson Stewart and it’s subconsultants. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Sanderson Stewart Chuck Winn, Interim City Manager Danielle Scharf, Managing Principal 149 OUTSIDE CONSULTANTS SURVEY CREW SERVICES STAFF PERSONNEL SERVICES CHARGE OUT RATES EFFECTIVE AUGUST 5, 2023 Staff Engineer I $115.00/hour Staff Engineer II $130.00/hour Staff Engineer III $135.00/hour Project Engineer I $145.00/hour Project Engineer II $150.00/hour Senior Engineer I $185.00/hour Senior Engineer II $210.00/hour Principal $240.00/hour Engineer Intern $75.00/hour Expert Witness/Special Consultant $290.00/hour Staff Planner I $100.00/hour Staff Planner II $115.00/hour Planner I $130.00/hour Planner II $145.00/hour Senior Planner I $155.00/hour Senior Planner II $195.00/hour Senior Planner III $200.00/hour Right-of-Way Agent $168.00/hour Staff Landscape Designer I $100.00/hour Staff Landscape Designer II $115.00/hour Landscape Architect I $135.00/hour Landscape Architect II $145.00/hour Senior Landscape Architect I $160.00/hour Senior Landscape Architect II $175.00/hour Field Survey Technician I $85.00/hour Field Survey Technician II $88.00/hour Staff Surveyor I $110.00/hour Staff Surveyor II $125.00/hour Professional Land Surveyor I $135.00/hour Professional Land Surveyor II $148.00/hour Senior Professional Land Surveyor I $160.00/hour Senior Professional Land Surveyor II $180.00/hour Graphic Artist $105.00/hour CADD Technician I $100.00/hour CADD Technician II $105.00/hour Designer I $100.00/hour Designer II $110.00/hour Senior Designer I $120.00/hour Senior Designer II $145.00/hour Construction Inspector $88.00/hour Construction Engineering Technician $100.00/hour Senior Construction Engineering Technician $145.00/hour Construction Engineer I $145.00/hour Construction Engineer II $150.00/hour 1-person/2-person Crew $Per Job Survey Equipment $30.00 /fieldwork hour Survey Vehicle Mileage IRS Rate/Mile + $0.10/Mile Scanner Equipment $150.00 /hour Scanner Equipment (Hourly) $150 /hour Scanner Equipment (Full Day) $1,050 /day 1) At cost if independently billed direct to client. 2) Cost plus 5% if billed through us. INDEPENDENT LABORATORIES 1) At cost if independently billed direct to client. 2) Cost plus 5% if billed through us. ADMINISTRATIVE EXPENSES Administrative expenses (including copies, prints, phone, postage, materials, and travel) 3.5% * * based on professional services only, unless modified by contract Vehicle Mileage IRS Rate These rates are updated periodically to reflect market conditions. Rate increases will be reflected in future invoicing. STAFF PERSONNEL SERVICES CONTINUED Project Administrator $100.00/hour Senior Project Administrator $115.00/hour Administrative/Clerical $95.00/hour Senior Administrative Director $185.00/hour Marketing Coordinator $110.00/hour Senior Marketing Coordinator $125.00/hour Marketing Director $175.00/hour 150 2023 HOURLY RATES Architectural/Interior Design Clerical 80$ Junior Designer 80$ Project Manager Assistant 95$ Interior Designer (I)105$ Designer (I & II)115$ Procurement Coordinator II 115$ Interior Designer (II)115$ Architect (Arch I - II)120$ Designer (III)120$ Construction Administrator (I & II)120$ Technical Design (V)120$ Interior Designer (III)130$ Architect (Arch III)135$ Construction Administration (III)140$ Interior Designer (IV)145$ Procurement Manager IV 145$ Project Architect (Arch IV)145$ Designer (IV)145$ Construction Administrator (IV)145$ Designer (V)155$ Project Manager 165$ Project Architect (Arch V)165$ Senior Construction Administrator (V)165$ Interior Design (V)165$ Senior Preservation Architect (VI)185$ Preservation Architect (V)185$ Senior Architect (VI)185$ Principal 195$ Architectural Planner (VI)255$ Senior Principal 290$ Graphic Design Project Manager Assistant 85$ Digital Strategist 105$ Graphic Designer (II)110$ Graphic Designer (III)115$ Creative Writer 115$ Website Designer 125$ Graphic Designer (IV)135$ Graphic Designer (V)155$ Expenses Mileage Use the 2023 IRS Business Mileage Rate General Per Diem - Gov't Allowable For specific areas rates search gsa.gov/travel Printing - outsourced At Cost Lodging At Cost or for Gov't Project, search gsa.gov/travel 151 CTC’s Hourly Rate Schedule – 2023/2024 The CTC team will bill at the following hourly rates: Labor Category Hourly Rate Subject Matter Expert/Expert Testimony $425 CTO/Director of Business Consulting $325 Principal Analyst / Engineer $300 Senior Analyst / Engineer $275 Staff Analyst / Engineer $250 Broadband Help Desk Manager $225 Broadband Help Desk Aide II $98 Broadband Help Desk Aide I $65 Local travel (if required) is billed at current standard mileage rates. Non-routine expenses and long-distance travel are recovered at direct cost without mark-up. 152 BILLING CLASSIFICATION ENGINEERS Design Engineers 110.00$ -220.00$ Project Engineers / Project Managers 150.00$ -270.00$ Sr Engineers / Sr Project Managers 200.00$ -320.00$ Project Principal / Sr Technical Advisors 240.00$ -390.00$ DESIGNERS / TECHNICIANS / INSPECTORS 90.00$ -300.00$ CADD / BIM Specialist 75.00$ -195.00$ Project Support 70.00$ -210.00$ SUBSISTENCE (PER DIEM) TRAVEL 2 Wheel Drive Vehicle $0.75 /mile 4 x 4 Vehicle $0.75 /mile Rental Vehicles & Aircraft $Actual Cost Travel expenses will be charged at the following rates unless a separate rate is negotiated for a specific MONTANA AREA Direct project expenses will be charged at the rates listed below unless a separate rate is negotiated for a specific project. 2023 CHARGEABLE EXPENSE SCHEDULE Subsistence such as meals and lodging while out on a project will be charged at actual cost or at the per diem rate negotiated for a specific project. 2023 HOURLY RATE SCHEDULE RATE RANGES 153 TELEPHONE/FAX/POSTAGE SPECIAL EQUIPMENT CHARGES Electronic Distance Measuring $10 /hr. GPS - GEO XT $20 /hr. GPS - RTK $40 /hr. Manta 3-Phase Test Set $40 /hr. Meggar Testing Equipment $250 /day Soil Resistivity Testing Equipment $500 /day UTV $10 /hr. PRINTING Based on Product Code - See Next Page for additional information SURVEYING SUPPLIES (Includes: Flagging, Stakes, Etc.) Distribution $20 /mile Transmission $30 /mile OVERHEAD Long distance calls, telegrams, fax, cellular phone, and any special class postage will be charged at actual 2023 CHARGEABLE EXPENSE SCHEDULE (continued) Overhead costs, such as rent, insurance, utilities, office furniture, employee benefits, and taxes are included 154 4/6/2023 Product Code Description Units HDR CPC Rate Rates are inclusive of 30% recycled 20lb white paper stock, any specialty paper is charged separately. 6000 B&W 30% RECYCLED 8.5xl1 per image EACH 0.0857 6002 B&W 30% RECYCLED 8.5x14 per image EACH 0.0974 6004 B&W 30% RECYCLED 1l x l7 per image EACH 0.1228 6005 B&W 12 x 18 per image EACH 0.2652 6006 COLOR 30% RECYCLED 8.5x l1 per image EACH 0.1801 6008 COLOR 30% RECYCLED 8.5x l4 per image EACH 0.1918 6010 COLOR 30% RECYCLED 1l x l7 per image EACH 0.2397 6011 COLOR 12 x 18 per image EACH 0.3821 6012 WF COLOR 30% RECYCLED BOND SF 0.5500 6013 WF B&W 30% RECYCLED BOND SF 0.3113 Product Code Description Units Rates are inclusive of 30% recycled 20lb white paper stock, any specialty paper is charged separately. Finishing options are included in rates below, only if finishing options are available in center. 3000 B&W 30% RECYCLED 8.5xl1 per image EACH 0.1759 3002 B&W 30% RECYCLED 8.5x14 per image EACH 0.1876 3004 B&W 30% RECYCLED 1l x l7 per image EACH 0.2452 3006 B&W 12 x 18 per image EACH 0.3554 3008 COLOR 30% RECYCLED 8.5x l1 per image EACH 0.1980 3010 COLOR 30% RECYCLED 8.5x l4 per image EACH 0.2097 3012 COLOR 30% RECYCLED 1l x l7 per image EACH 0.2898 3014 COLOR 12 x 18 per image EACH 0.4000 3016 WideFormat COLOR 30% RECYCLED BOND - 36in roll SF 0.5500 3017 WideFormat B&W 30% RECYCLED BOND- 36in roll SF 0.3113 Staffed Print Room Services - US Fleet Devices - U.S. rates are subject to change and confidential for HDR only 155 STANDARD BILLING RATES FOR BASIC SERVICES Subject to Annual Adjustments Senior Vice President .................................................................................................................................... $320 Vice President ................................................................................................................................................ $300 Principal/Director .......................................................................................................................................... $280 Senior Project Manager ................................................................................................................................. $260 Senior Consultant ......................................................................................................................................... $260 Project Manager/Consultant ......................................................................................................................... $225 Senior Engineer/Senior Architect ................................................................................................................. $220 Project Engineer ............................................................................................................................................ $205 Engineer/Architect ........................................................................................................................................ $195 Analyst/Planner/Specialist ........................................................................................................................... $185 Assistant Project Manager/Assistant Consultant .......................................................................................... $190 Designer ......................................................................................................................................................... $190 Senior Technician .......................................................................................................................................... $170 Technician ...................................................................................................................................................... $155 Senior Administrative Assistant/Business Manager ...................................................................................... $130 Administrative Assistant ............................................................................................................................... $110 156 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist David Fine, Economic Development Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the Interim City Manager to Sign a Task Order 005 with Sanderson Stewart for On-Call Miscellaneous Professional Services for the Economic Development Department MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the Interim City Manager to sign a task order 005 with Sanderson Stewart for on-call miscellaneous professional services for the Economic Development Department. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Economic Development Department (EDD) employs a tax increment financing provision to facilitate private sector investment in the urban renewal districts. On August 9, 2023, the EDD department began the public request for qualifications (RFQ) process seeking a collaborator in implementing the adopted urban renewal and technology district plans as well as the the 2023 Economic Vitality Strategy. Sanderson Stewart was selected for a term contract. Task order 00 for miscellaneous on-call professional services for the Economic Development Department represents miscellaneous planning, engineering, analysis, and design services to be provided on an as-needed basis. Task Order 005 will allow Staff to utilize Sanderson Stewart's expertise in design on an as-needed, time and materials basis as relevant opportunities arise. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the Commission. FISCAL EFFECTS:Sanderson Stewart will bill for its services on a time-and-materials basis not to exceed $20,000 which is available in the professional services line item of the Economic Development Department budget. 157 Attachments: URD Task Order 005.pdf Rate Sheets Exhibit B.pdf Report compiled on: June 12, 2024 158 City of Bozeman Urban Renewal District Term Contract Task Order Number #005 PROJECT: On-Call Miscellaneous Engineering Services Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. This Task Order is dated June 25, 2024 between the City of Bozeman Economic Development Department and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: City: David Fine, Urban Renewal Program Manager Contractor: Lauren Waterton, Sanderson Stewart SCOPE OF WORK: The scope for this task order shall include miscellaneous design services to be provided on an as-needed basis at the request of the City of Bozeman Economic Development Department. COMPENSATION: Sanderson Stewart will bill for its services on a time-and-materials basis not to exceed $20,000.00. Sanderson Stewart shall submit invoices to the City of Bozeman for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “time-and-materials basis” according to the attached standard rate sheets for Sanderson Stewart and it’s subconsultants. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Sanderson Stewart Chuck Winn, Interim City Manager Danielle Scharf, Managing Principal 159 OUTSIDE CONSULTANTS SURVEY CREW SERVICES STAFF PERSONNEL SERVICES CHARGE OUT RATES EFFECTIVE AUGUST 5, 2023 Staff Engineer I $115.00/hour Staff Engineer II $130.00/hour Staff Engineer III $135.00/hour Project Engineer I $145.00/hour Project Engineer II $150.00/hour Senior Engineer I $185.00/hour Senior Engineer II $210.00/hour Principal $240.00/hour Engineer Intern $75.00/hour Expert Witness/Special Consultant $290.00/hour Staff Planner I $100.00/hour Staff Planner II $115.00/hour Planner I $130.00/hour Planner II $145.00/hour Senior Planner I $155.00/hour Senior Planner II $195.00/hour Senior Planner III $200.00/hour Right-of-Way Agent $168.00/hour Staff Landscape Designer I $100.00/hour Staff Landscape Designer II $115.00/hour Landscape Architect I $135.00/hour Landscape Architect II $145.00/hour Senior Landscape Architect I $160.00/hour Senior Landscape Architect II $175.00/hour Field Survey Technician I $85.00/hour Field Survey Technician II $88.00/hour Staff Surveyor I $110.00/hour Staff Surveyor II $125.00/hour Professional Land Surveyor I $135.00/hour Professional Land Surveyor II $148.00/hour Senior Professional Land Surveyor I $160.00/hour Senior Professional Land Surveyor II $180.00/hour Graphic Artist $105.00/hour CADD Technician I $100.00/hour CADD Technician II $105.00/hour Designer I $100.00/hour Designer II $110.00/hour Senior Designer I $120.00/hour Senior Designer II $145.00/hour Construction Inspector $88.00/hour Construction Engineering Technician $100.00/hour Senior Construction Engineering Technician $145.00/hour Construction Engineer I $145.00/hour Construction Engineer II $150.00/hour 1-person/2-person Crew $Per Job Survey Equipment $30.00 /fieldwork hour Survey Vehicle Mileage IRS Rate/Mile + $0.10/Mile Scanner Equipment $150.00 /hour Scanner Equipment (Hourly) $150 /hour Scanner Equipment (Full Day) $1,050 /day 1) At cost if independently billed direct to client. 2) Cost plus 5% if billed through us. INDEPENDENT LABORATORIES 1) At cost if independently billed direct to client. 2) Cost plus 5% if billed through us. ADMINISTRATIVE EXPENSES Administrative expenses (including copies, prints, phone, postage, materials, and travel) 3.5% * * based on professional services only, unless modified by contract Vehicle Mileage IRS Rate These rates are updated periodically to reflect market conditions. Rate increases will be reflected in future invoicing. STAFF PERSONNEL SERVICES CONTINUED Project Administrator $100.00/hour Senior Project Administrator $115.00/hour Administrative/Clerical $95.00/hour Senior Administrative Director $185.00/hour Marketing Coordinator $110.00/hour Senior Marketing Coordinator $125.00/hour Marketing Director $175.00/hour 160 2023 HOURLY RATES Architectural/Interior Design Clerical 80$ Junior Designer 80$ Project Manager Assistant 95$ Interior Designer (I)105$ Designer (I & II)115$ Procurement Coordinator II 115$ Interior Designer (II)115$ Architect (Arch I - II)120$ Designer (III)120$ Construction Administrator (I & II)120$ Technical Design (V)120$ Interior Designer (III)130$ Architect (Arch III)135$ Construction Administration (III)140$ Interior Designer (IV)145$ Procurement Manager IV 145$ Project Architect (Arch IV)145$ Designer (IV)145$ Construction Administrator (IV)145$ Designer (V)155$ Project Manager 165$ Project Architect (Arch V)165$ Senior Construction Administrator (V)165$ Interior Design (V)165$ Senior Preservation Architect (VI)185$ Preservation Architect (V)185$ Senior Architect (VI)185$ Principal 195$ Architectural Planner (VI)255$ Senior Principal 290$ Graphic Design Project Manager Assistant 85$ Digital Strategist 105$ Graphic Designer (II)110$ Graphic Designer (III)115$ Creative Writer 115$ Website Designer 125$ Graphic Designer (IV)135$ Graphic Designer (V)155$ Expenses Mileage Use the 2023 IRS Business Mileage Rate General Per Diem - Gov't Allowable For specific areas rates search gsa.gov/travel Printing - outsourced At Cost Lodging At Cost or for Gov't Project, search gsa.gov/travel 161 CTC’s Hourly Rate Schedule – 2023/2024 The CTC team will bill at the following hourly rates: Labor Category Hourly Rate Subject Matter Expert/Expert Testimony $425 CTO/Director of Business Consulting $325 Principal Analyst / Engineer $300 Senior Analyst / Engineer $275 Staff Analyst / Engineer $250 Broadband Help Desk Manager $225 Broadband Help Desk Aide II $98 Broadband Help Desk Aide I $65 Local travel (if required) is billed at current standard mileage rates. Non-routine expenses and long-distance travel are recovered at direct cost without mark-up. 162 BILLING CLASSIFICATION ENGINEERS Design Engineers 110.00$ -220.00$ Project Engineers / Project Managers 150.00$ -270.00$ Sr Engineers / Sr Project Managers 200.00$ -320.00$ Project Principal / Sr Technical Advisors 240.00$ -390.00$ DESIGNERS / TECHNICIANS / INSPECTORS 90.00$ -300.00$ CADD / BIM Specialist 75.00$ -195.00$ Project Support 70.00$ -210.00$ SUBSISTENCE (PER DIEM) TRAVEL 2 Wheel Drive Vehicle $0.75 /mile 4 x 4 Vehicle $0.75 /mile Rental Vehicles & Aircraft $Actual Cost Travel expenses will be charged at the following rates unless a separate rate is negotiated for a specific MONTANA AREA Direct project expenses will be charged at the rates listed below unless a separate rate is negotiated for a specific project. 2023 CHARGEABLE EXPENSE SCHEDULE Subsistence such as meals and lodging while out on a project will be charged at actual cost or at the per diem rate negotiated for a specific project. 2023 HOURLY RATE SCHEDULE RATE RANGES 163 TELEPHONE/FAX/POSTAGE SPECIAL EQUIPMENT CHARGES Electronic Distance Measuring $10 /hr. GPS - GEO XT $20 /hr. GPS - RTK $40 /hr. Manta 3-Phase Test Set $40 /hr. Meggar Testing Equipment $250 /day Soil Resistivity Testing Equipment $500 /day UTV $10 /hr. PRINTING Based on Product Code - See Next Page for additional information SURVEYING SUPPLIES (Includes: Flagging, Stakes, Etc.) Distribution $20 /mile Transmission $30 /mile OVERHEAD Long distance calls, telegrams, fax, cellular phone, and any special class postage will be charged at actual 2023 CHARGEABLE EXPENSE SCHEDULE (continued) Overhead costs, such as rent, insurance, utilities, office furniture, employee benefits, and taxes are included 164 4/6/2023 Product Code Description Units HDR CPC Rate Rates are inclusive of 30% recycled 20lb white paper stock, any specialty paper is charged separately. 6000 B&W 30% RECYCLED 8.5xl1 per image EACH 0.0857 6002 B&W 30% RECYCLED 8.5x14 per image EACH 0.0974 6004 B&W 30% RECYCLED 1l x l7 per image EACH 0.1228 6005 B&W 12 x 18 per image EACH 0.2652 6006 COLOR 30% RECYCLED 8.5x l1 per image EACH 0.1801 6008 COLOR 30% RECYCLED 8.5x l4 per image EACH 0.1918 6010 COLOR 30% RECYCLED 1l x l7 per image EACH 0.2397 6011 COLOR 12 x 18 per image EACH 0.3821 6012 WF COLOR 30% RECYCLED BOND SF 0.5500 6013 WF B&W 30% RECYCLED BOND SF 0.3113 Product Code Description Units Rates are inclusive of 30% recycled 20lb white paper stock, any specialty paper is charged separately. Finishing options are included in rates below, only if finishing options are available in center. 3000 B&W 30% RECYCLED 8.5xl1 per image EACH 0.1759 3002 B&W 30% RECYCLED 8.5x14 per image EACH 0.1876 3004 B&W 30% RECYCLED 1l x l7 per image EACH 0.2452 3006 B&W 12 x 18 per image EACH 0.3554 3008 COLOR 30% RECYCLED 8.5x l1 per image EACH 0.1980 3010 COLOR 30% RECYCLED 8.5x l4 per image EACH 0.2097 3012 COLOR 30% RECYCLED 1l x l7 per image EACH 0.2898 3014 COLOR 12 x 18 per image EACH 0.4000 3016 WideFormat COLOR 30% RECYCLED BOND - 36in roll SF 0.5500 3017 WideFormat B&W 30% RECYCLED BOND- 36in roll SF 0.3113 Staffed Print Room Services - US Fleet Devices - U.S. rates are subject to change and confidential for HDR only 165 STANDARD BILLING RATES FOR BASIC SERVICES Subject to Annual Adjustments Senior Vice President .................................................................................................................................... $320 Vice President ................................................................................................................................................ $300 Principal/Director .......................................................................................................................................... $280 Senior Project Manager ................................................................................................................................. $260 Senior Consultant ......................................................................................................................................... $260 Project Manager/Consultant ......................................................................................................................... $225 Senior Engineer/Senior Architect ................................................................................................................. $220 Project Engineer ............................................................................................................................................ $205 Engineer/Architect ........................................................................................................................................ $195 Analyst/Planner/Specialist ........................................................................................................................... $185 Assistant Project Manager/Assistant Consultant .......................................................................................... $190 Designer ......................................................................................................................................................... $190 Senior Technician .......................................................................................................................................... $170 Technician ...................................................................................................................................................... $155 Senior Administrative Assistant/Business Manager ...................................................................................... $130 Administrative Assistant ............................................................................................................................... $110 166 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Executive Director, Downtown Bozeman Partnership SUBJECT:Authorize the City Manager to Sign Task Order DTN24-001 with Sanderson Stewart for On-Call Miscellaneous Architectural and Engineering Services MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:I move to authorize the City Manager to Sign Task Order #DTN24-001 with Sanderson Stewart for On-Call Miscellaneous Architectural and Engineering Services. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: The scope for this task order shall include miscellaneous planning, engineering, analysis and design services to be provided on an as-needed basis at the request of the Downtown Bozeman URD. The intent of this term contract is to allow the Downtown URD to nimbly respond to needs for professional services to implement this work plan and the Downtown Improvement Plan. It will also allow the URD to respond to unanticipated issues. The professional services will include but not be limited to engineering, architecture, urban planning, parking and fiber consulting. Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. UNRESOLVED ISSUES:No Unresolved Issues ALTERNATIVES:Alternatives as proposed by the Commission 167 FISCAL EFFECTS:Sanderson Stewart will bill for its services on a time-and-materials basis not to exceed $25,000.00. Approved in FY25 budget. Attachments: URD Task Order Misc On-Call DTN24-001.pdf Report compiled on: June 6, 2024 168 Task Order Number #DTN24-001 City of Bozeman Urban Renewal District Term Contract PROJECT: On-Call Miscellaneous Professional Services Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. This Task Order is dated April 30, 2024 between the City of Bozeman Downtown Urban Renewal District (URD) and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: DTN URD: Ellie Staley, Director Contractor: Lauren Waterton, Sanderson Stewart SCOPE OF WORK: The scope for this task order shall include miscellaneous planning, engineering, analysis and design services to be provided on an as-needed basis at the request of the Downtown Bozeman URD. This scope aligns with the FY2024 Downtown URD Work Plan: Professional Services Term Contract $ 25,000 budgeted The intent of this term contract is to allow the URD to nimbly respond to needs for professional services to implement this work plan and the Downtown Improvement Plan. It will also allow the URD to respond to unanticipated issues. The professional services will include but not be limited to engineering, architecture, urban planning, parking and fiber consulting. COMPENSATION: Sanderson Stewart will bill for its services on a time-and-materials basis not to exceed $25,000.00. Sanderson Stewart shall submit invoices to the City of Bozeman for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “time-and-materials basis” according to the attached standard rate sheets for Sanderson Stewart and it’s subconsultants. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Sanderson Stewart Chuck Winn, Acting City Manager Danielle Scharf, Managing Principal 169 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5605, Certification of Delinquent City Assessments to the County MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution #5605, Certification of Delinquent City Assessments to the Gallatin County as submitted. 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:MCA 7-6-4182, 7-6-4183 and 7-6-4423. The city or town may provide by ordinance for the collection by its city treasurer or town clerk of all special assessments and taxes levied and assessed in accordance with any of the provisions of part 42 and this part in the same manner and at the same time as taxes for general, municipal, and administrative purposes are collected by the county treasurer. All of the provisions of 7-6-4423 apply to the collection of the special taxes and assessments in the same manner as the provisions apply to the collection of other city or town taxes. Delinquent special assessments must be certified to the county clerk of the county in which the city or town is situated. The county treasurer shall collect the delinquent special assessments and taxes in the same manner and at the same time that taxes for general, municipal, and administrative purposes are collected. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:By certifying the delinquent City Special Assessments to Gallatin County we will ensure the collection of the 2nd half amounts that were not paid by the due date of May 31, 2024. The amount we have certified and will in turn collect is $369,210.89 as noted on Schedule “A” attached. These assessments will be placed as a lien against their property and their properties cannot be sold without bringing them current. Attachments: 170 Resolution 5605-Certification of Delinquent 2nd half-FY 2024.docx Delinquent Certification 061224.pdf Report compiled on: June 12, 2024 171 Page 1 of 5 RESOLUTION 5605 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE MAY 31, 2024, AND UNPAID AS OF THAT DATE, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE FINANCE DIRECTOR TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. WHEREAS,pursuant to Sec 2.06.670 of the Bozeman Municipal Code, the Finance Director has prepared and filed with the Commission of the City of Bozeman, attached hereto, a report entitled Schedule "A", describing the lot or parcel subject to the assessments, the name and address of persons assessed, showing all annual and semi-annual special assessments due and payable May 31, 2024, and unpaid as of that date, and the amount due thereunder, with penalty; and WHEREAS,pursuant to Sections 7-6-4423 and 7-12-4188, M.C.A., the City Commission of the City of Bozeman deems it necessary and proper, in order to protect the interests of the residents of the City of Bozeman and the bondholders of the respective Special Improvement District bonds, to declare all annual and semi-annual special assessments due and payable by 5:00 p.m. on May 31, 2024, and unpaid as of that date, delinquent and to certifythe same to the Gallatin County Treasurer for collection as other delinquent taxes, and the property and/or properties may be sold the same as other property is sold for taxes. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 172 Resolution 5424, Certification of Delinquent Assessments to Gallatin County Page 2 of 5 That all annual and semi-annual special assessments and installments of special assessments, due and payable May 31, 2024, and unpaid as of that date, as set forth in Schedule "A" hereto attached, and made a part hereof, are hereby declared delinquent. Section 2 That the Finance Director is hereby directed to certify all annual and semi-annual special assessments and installments of special assessments delinquent, with penalty, as herein provided, and as shown by Schedule "A", to the County Treasurer of Gallatin County for collection as other delinquent taxes. Section 3 That within ten (10) days from and after the filing of said certificate, the Finance Director shall publish in one issue of the Bozeman Daily Chronicle, Notice as provided by Sec 2.06.680 of the Bozeman Municipal Code. Section 4 That the County Treasurer shall proceed with the collection of all annual and semi-annual special assessments or installments of special assessments, as set forth in Schedule "A", that the same shall be spread upon the delinquent tax list of the County of Gallatin for the Year 2023, and the same shall be collected as other delinquent taxes; and that in the case the same are paid, collection shall be made by the County Treasurer of Gallatin County, as provided by Sections 7-12-4181 and 7-12-4183, M.C.A., and that in the case the same are not paid, the whole property shall be sold as in the case of other properties sold for non-payment of taxes. Section 5 That the Finance Director, under the direction of the City Manager, shall attend at the time and place for 173 Resolution 5424, Certification of Delinquent Assessments to Gallatin County sale of the property for delinquent taxes, as provided by Sec 2.06.700 of the Bozeman Municipal Code. Section 6 That a copy of Schedule "A" attached hereto and made a part hereof, shall on or before the 26th day of June 2024 be filed with the County Clerk and Recorder and the County Treasurer of Gallatin County. Section 7 That, pursuant to Sec 2.06 of the Bozeman Municipal Code, attached hereto and made a part hereof, shall be a certificate of the Finance Director. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 25th day of June 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 174 Resolution 5424, Certification of Delinquent Assessments to Gallatin County CERTIFICATE OF FINANCE DIRECTOR I, Melissa Hodnett, duly appointed Finance Director of the City of Bozeman, Montana, do hereby certify that the attached schedule marked Schedule "A" and made a part of Commission Resolution No. 5605 is a true and correct list of all annual and semi-annual delinquent special assessments and subsequent installments of special assessments due and owing the City of Bozeman as of May 31, 2024, at 5:00 p.m. That this certification and Schedule "A" attached hereto are made pursuant to and in conformance with Sec 2.06 of the Bozeman Municipal Code of the City of Bozeman, Montana. IN WITNESS WHEREOF, I hereunto set my hand this 25h day of June 2024. ________________________________________ MELISSA HODNETT Finance Director 175 Version April 2020 NOTICE NOTICE IS HEREBY GIVEN by the Finance Director for the City of Bozeman, Montana, that she has certified to the Treasurer of Gallatin County a list of all property and of the persons assessed for delinquent taxes and assessments which will be sold at public auction by the Gallatin County Treasurer unless re-instated prior to such auction by paying all delinquent taxes, together with interest, penalties and costs incurred. A list of all delinquent properties and persons assessed is on file and subject to public inspection in the offices of the Gallatin County Treasurer, Gallatin County Courthouse, 311 West Main Street, and the Finance Director for the City of Bozeman, 121 N Rouse Ave., Bozeman, Montana. DATED this 26th day of June 2024. __________________________________ MELISSA HODNETT Finance Director City of Bozeman Legal Ad Publish: Saturday, June 29, 2024 176 Delinquent Certification 061224DELINQUENT 2% TOTAL PARCEL OWNER ADDRESSLEGAL DESCRIPTION2nd 1/2 PENALTY AMOUNT DUERFG10150 FIVEFOLD HOLDINGS LLC 220 NEWPORT CENTER DRDAVENPORT ANNEXATION TRACT B4.121 ACRES583.62 11.67 595.29RFG29541 MAKS INVESTMENTS1635 REEVES RD EASTWALKER PROPERTY SUBDIVISION LOT 2 BLOCK 5 4,757.2695.15 4,852.41RFG29542 BRIDGER VETERINARY FACILITY859 FORT ELLIS RD WALKER PROPERTY SUB LOT 3 BLK 5 S26, T1S, R5E 3,406.31 68.13 3,474.44RFG44028 4 FARMERS LLC 346 GALLATIN PARK DR GALLATIN PARK SUBDIVISION LOT 11 BLOCK 2 PLUS OPEN SPACE 2,358.3847.17 2,405.55RFG44030 BRYAN, VAN K21 W BABCOCK STGALLATIN PARK SUBDIVISION LOT 1 BLOCK 3 PLUS OPEN SPACE 4,355.63 87.11 4,442.74RFG44037 BONIFACE, TONY321 PEAKVIEW RD GALLATIN PARK SUBDIVISION LOT 1 BLOCK 1 PLUS OPEN SPACE 1,722.7034.45 1,757.15RFG44603 BOZEMAN TRAX PARTNERS LLC5148 US HIGHWAY 89 SCOS 2153 MANDEVILLE ANNEXATIONTRACT 2-B14.63 ACRES583.62 11.67 595.29RFG46781 MENA, ALICIA2948 WARBLER WAY UNIT ACATTAIL CREEK SUBDIVISIONPHASE 1 BLOCK 5 LOT 5 TRADEMARK CONDOS UNIT 2948A145.21 2.90 148.11RFG46788 BRESTER, LAUREN 2969 WARBLER WAY UNIT 1WARBLER WAY CONDO UNIT 1CATTAIL CREEK SUBDIVISIONPHASE 1 LOT 3 BLOCK 6178.543.57 182.11RFG47880 HILL, JODY L 3911 BOSAL STBAXTER MEADOWS PHASE I LOT 25BLOCK 4125.77 2.52 128.29RFG47899 FLIK LLC 3017 FLURRY LN BAXTER MEADOWS PHASE I LOT 4BLK 3188.603.77 192.37RFG47921 SCHWARZ, DANIEL WHEELOCK15 HIGHLAND AVE APT 6BAXTER MEADOWS PHASE I LOT 5 BLOCK 6419.15 8.38 427.53RFG47932 YURASHAK, BLAIRE & CHAD2205 LASSO AVEBAXTER MEADOWS PHASE I LOT 8 BLOCK 5356.27 7.13 363.40RFG47953 JXM & ASSOCIATES LLCPO BOX 10538 BAXTER MEADOWS PHASE I LOT 4 BLOCK 7731.95 14.64746.59RFG48952 LANDS, NOAH RICKEY3201 OAK GROVE RD CATTAIL CREEK SUBDIVISIONPHASE 2B LOT 5 BLOCK 13 704.79 14.10 718.89RFG48971 CALVIN, CAROLYNE L3136 FOXTAIL STFOXTAIL STREET SUBDIVISIONLOT 1-D BLK 15 WAS CATTAIL CREEK SUBDIVISION308.17 6.16 314.33RFG48972 VALONE, SAMUEL3076 FOXTAIL STFOXTAIL STREET SUBDIVISIONLOT 1-F BLOCK 15 WAS CATTAIL CREEK SUB 2A & 2B308.17 6.16 314.33RFG48990 GARDNER, RALPH T & LINDA526 N 10TH AVECATTAIL CREEK SUB PHASE 2BLOT 12 BLOCK 9 478.509.57 488.07RFG49017 SORENSEN, JESSICA2920 4TH AVE SWHISPERING PINES CONDOS UNIT 1CATTAIL CREEK SUBDIVISIONPHASE 2A LOT 1 BLOCK 10200.244.00 204.24RFG49751 STATE OF MONTANAPO BOX 201601 LEWIS & CLARK COMMERCIALSUBDIVISION LOT 3A BLK 1 GOODWILL THRIFT STORE 5,135.19 102.705,237.89RFG50158 BAXTER MEADOWS NEIGHBORHOODCENTER ASSOCPO BOX 3053 BAXTER MEADOWS SUBDIVISION PHASE 2A & 2B LOT 2 BLOCK 16418.56 8.37 426.93RFG50172 BAXTER MEADOWS NEIGHBORHOODCENTER ASSOCPO BOX 3053 BAXTER MEADOWS SUBDIVISION PHASE 2A & 2B LOT 9 BLOCK 18313.28 6.27 319.55RFG50175 BAXTER MEADOWS NEIGHBORHOODCENTER ASSOCPO BOX 3053 BAXTER MEADOWS SUBDIVISION PHASE 2A & 2B LOT 3 BLOCK 20261.105.22 266.32RFG50239 BLACKWELL, BRETT 515 W ASPEN ST #305TRAKKER BLDG CONDO UNIT 2-H/HLBAXTER MEADOWS SUBDIVISION PHASE 2A & 2B LOT 10 BLOCK 1835.92 0.72 36.64RFG51078 ANTILL, ERICAKEVIN HUNIU 1036 NE 42ND AVEPELICAN CONDOS UNIT CCATTAIL CREEK PH 1 LOT 1 BLK 6133.45 2.67 136.12RFG51555 IRITANO, KAREN 3018 CUMBERLAND CTMARLYN COURT CONDO UNIT 5CATTAIL CREEK SUBDIVISIONPHASE 1 LOT 5 BLOCK 7 125.19 2.50 127.69RFG52664STUART, JOHN M & DIANNE E2407 FERGUSON AVEBAXTER MEADOWS PUD PH 2C & 2DLOT 12 BLK 10279.06 5.58 284.64RFG52670 SMITH, MARGARET R 10561 BLOCKADE DRBAXTER MEADOWS PUD PH 2C & 2DLOT 6 BLK 11444.72 8.89 453.61RFG52693 PARSLEY, ANDREW M KURA J MORRIS 3885 EQUESTRIAN LN BAXTER MEADOWS PUD PH 2C & 2DLOT 16 BLK 13158.32 3.17 161.49RFG53042 GREENWOOD, VICKIE3376 FEN WAYCATTAIL CREEK SUB PH3 LOT2BLK19375.16 7.50 382.66RFG53064DELPARK USA (WARBLER) INC102 EAGLE FJORD RD UNIT DCATTAIL CREEK SUB PH3 LOT3 BLK21795.6415.91 811.55RFG53066 PATRON, MICHAEL A& MARTHA P ADCOX3321 N 27TH AVE UNIT 1CAPSTONE CONDOS 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9.63 491.24RGH5063 NORTH FORTY LLCPO BOX 1648 ROUSES 1ST LOTS 22-24 BLOCK E765.3415.31 780.65RGH50679 ELAN LLC 105 E OAK ST STE 2A1648 ELLIS PROFESSIONAL BLDG 2ND FLOOR UNIT 4NORTHERN ROCKIES SUB PUD LOT 6222.95 4.46 227.41RGH50687 MAHONEY, FRANCIS VINCENT1134 DEALY LN VILLAGE BOULEVARD MINOR SUBDIVISION 344 LOT 1VILLAGE DOWNTOWN SUB LOT 110227.604.55 232.15RGH50697 MILAN-MERINO, ALANA T119 VILLAGE CROSSING WAYVILLAGE BOULEVARD MINOR SUBDIVISION 344 LOT 1VILLAGE DOWNTOWN SUB LOT 119B420.31 8.41 428.72RGH5080 GYR, PHILIP GYR REVOCABLE TRSTPO BOX 1741 IMES LOTS 13-14 BLOCK 41256.805.14 261.94RGH5089 SNAVELY, KALE SOPHIE TSAIRIS1134 CHERRY DRNEW HYALITE LOT 6 BLOCK 13350.17 7.00 357.17RGH5096 CENTRAL HOLDINGS LLC1612 GOLD AVE NP PORT LOTS 11-18 N OF HW VACSWITZLER BLOCK 24 PORTION LOTS 1 & 22 BLOCK 25 1,356.37 27.13 1,383.50RGH51339 GIEBINK, THOMAS H 2400 DURSTON RD UNIT 41EAST END COMMERCIAL WAREHOUSECONDOS UNIT 28DLOT 4 OF MINOR 41 AND LOT 3A130.01 0.60 30.61RGH5203 807 SOUTH BLACK AVENUE LLC804 S BLACK AVE DUDLEYS LOT 2 BLOCK 1434.208.68 442.88RGH5220 LEACHMAN, H LOGAN & JAMIE11330 BRIDGER CANYON RDGUYS 1ST EAST 62 1/2 OFNORTH 50 1/2 OF 1/2 ACRELOT 1 TRACT R122.802.46 125.26RGH52294305 N BLACK LLC 5290 GODEN GATEWAY PKWYNORTH BLACK ROW SUBDIVISION LOT C PLUS OPEN SPACE F153.96 3.08 157.04RGH5276 THE BOZEMAN RIALTO LLC2200 ALASKAN WAY STE 200STORYS BOZEMAN E 27' LOT 3, 2 5.75' LOT 2, 4 X 5.75' NWCORNER BLK A LOT 21, 4' N END881.36 17.63 898.99RGH5291 MALDONADO MANAGEMENT LLC385 RAMSHORN PEAK LN NORMANDY LOT 8 BLOCK 20284.805.70 290.50RGH5362 ZF SPV LLC 5550 TOPANGA CANYON BLVD #310BEALLS 3RD LOTS 11-12 PLUSTRACT N 8 1/2 X 50' BLOCK 6296.67 5.93 302.60RGH5376 ERICSON, ARNOLD S216 S GRAND AVEALDERSON'S LOTS 13-14 & S 15'LOT 15 BLOCK E 379.35 7.59 386.94RGH5384 DDS INVESTMENTS LLC1612 GOLD AVE MAYS TRACT TRACT 5A2,535.39 50.71 2,586.10RGH5386 DDS INVESTMENTS LLC1612 GOLD AVE MAYS TRACT TR 7 WAREHOUSE1,694.7833.90 1,728.68RGH5389 SCHAEFER, TYSON E4603 SCHROEDER DRBEALLS 2ND BLOCK C LOT 2 LAFFERTYS RE-ARR225.86 4.52 230.38RGH5396 BNL PROPERTIES LLC 1800 CENTENNIAL DRBUTTE LOTS 1-2 LYING NORTHWESTOF RAILROAD RIGHT-OF-WAYBLOCK 20 194.543.89 198.43RGH54006 STEINOCHER, CECILIA ANNE140 VILLAGE CROSSING WAY #2BVILLAGE LOFT CONDOS UNIT 2BPHASE 2 BLDG B 136.342.73 139.07RGH54013 REED, WILLIAM S 140 VILLAGE CROSSING WAY #21VILLAGE LOFT CONDOS UNIT 2I PHASE 2 BLDG B 135.75 2.72 138.47RGH54019 MRACHEK, MEDORA5316 DUNDEE RDVILLAGE LOFT CONDOS UNIT 3EPHASE 2 BLDG B 200.19 4.00 204.19RGH5444 ATTICUS PRIME LLC420 S WILLSON AVE FAIRVIEW LOTS 11-13 BLOCK 1670.95 13.42 684.37RGH5447 PORTERHILL MONTANA LLC8701 NORWOOD DRTHOMPSONS 4TH LOT 5 BLOCK 8TANGLEWOOD CONDO UNIT 6224.03 4.48 228.51RGH5461 HADERLIE, BRAD K & HEIDI A1515 WARD RD NEW HYALITE LOT 6 BLOCK 12291.81 5.84 297.65RGH5477 SHARROCK, ROBERT ANTONY &1133 S CEDARVIEW DRNEW HYALITE LOT 17 BLOCK 7350.17 7.00 357.17RGH5512 JOHNSON, JAMES F517 N WILLSON AVE BEALLS 3RD SOUTH 9' LOT 3, ALLLOTS 4-5 BLOCK 6 359.27 7.19 366.46RGH5528 CEBTWO LLC PO BOX 309 ROUSES 1ST AMENDED LOT 2A-1BLOCK C644.3012.89 657.19RGH55661 HEXOM, HEATHER1316 S CHURCH AVEABELIN ESTATE CONDOS UNIT 1316BOZEMAN CREEK ANNEX TR A101.05 2.02 103.07RGH55801 PPI PARTNERSHIP LLLP 3348 SWEENEY HOLLOW RDE MAIN PLAZA CONDOS UNIT 2-2ANP TRACT 1 BLK 22-24158.12 3.16 161.28RGH55802 SWANSON, JARED D3768 PORTLAND DRE MAIN PLAZA CONDOS UNIT 3NP TRACT 1 BLK 22-24158.12 3.16 161.28RGH5591 SIVERHUS, RITA M SCOTT M SIVERHUS TRUSTEE19110 EAGLEVIEW LN NORMANDY LOT 1 BLOCK 21313.28 6.27 319.55RGH5598 WOLCOTT, NICHOLASSARA BIDDLE WOLCOTT24 UPPER POND RD NEW HYALITE LOT 30 BLOCK 15350.17 7.00 357.17RGH5822 VAN DER WEGE, KEES TREVOR &PATRICK D JOHNSON 1448 ASH DRBAB-DAVIS LOT 13A BLOCK 5233.46 4.67 238.13RGH5902 MCCARTHY, JOSEPH 720 S 3RD AVE FAIRVIEW LOTS 12-13 & SOUTH1/2 OF LOT 14 BLOCK 10446.47 8.93 455.40RGH5932 GIBSON, ROCHELLE 8472 WAGON BOSS RDIMES LOT 14 & PORTION OFLOTS 15-17 BLOCK 45 322.946.46 329.40RGH5960 COSTIGAN, BARBARA S511 S 14TH AVENORMANDY LOT 3 BLOCK 13287.13 5.74 292.87RGH60086 ERICKSON, CLAUDIA1372 POST DR THE KNOLLS AT HILLCRESTBLOCK 5 LOT 6249.63 4.99 254.62RGH6144 BNL PROPERTIES LLC 1800 CENTENNIAL DRTHOMPSONS 2 LOT 1 BLOCK 1583.62 11.67 595.29RGH6153 LANDSGAARD, PAUL & PAM 1627 W MAIN ST #260NP TRACTS 1 & 2 IN NE4NW4SURVEY 7P38& ABANDONED MENARD LINE ADJCNT583.62 11.67 595.29RGH6179 YURASHAK, CHAD & BLAIRE311 E MAIN STBEALLS 2ND TRACT B, BEING 75 X 170' BLOCK C 511.07 10.22 521.29RGH6209 CAMERON, KIRA G & KEN 2600 RUK RD BUTTE WEST 89' OF LOTS 30-32BLOCK 22300.97 6.02 306.99RGH62639 NORTH PEACH LLC33 N BLACK AVE MENDENHALL MARKETPLACE CONDOSUNIT R-7B ORIGINAL TOWN SITE LOT 13-2383.22 1.66 84.88RGH6271 A1 SECURITY STORAGE MLLC1623 N ROUSE AVENORTHEAST ANNEX TRACT 442,621.4652.43 2,673.89RGH6318 ST JOHN, WES P1129 E BABCOCK STNP SOUTH 120' OF WEST 5' OFLOT 17, ALL LOTS 18-19, EAST20' OF LOT 20 BLOCK 23 377.447.55 384.99RGH6350 MEYER, TODD R & RHONDA R1139 E KAGY BLVD NEW HYALITE LOT 7 BLOCK 14350.17 7.00 357.17RGH6365 MCLAY, CHRISTOPHER D2625 SUMAC CT UNIT 3COS 2398 TRACT 1CORNER TRACT 12 BLOCK 1BEING 50' X 114' 141.742.83 144.57RGH63746 CHANDLER III, WILLIAM D 1930 LITTLE COTTAGE LN MINOR SUB 467 LOT 1 HACOT CONDOMINIUMS UNIT 25241.93 4.84 246.77RGH6445 NEWHOUSE, MICHAEL ARMSTRONGMETA ERICA NEWHOUSE4 GILSON TER APT 1 NEW HYALITE LOT 1 BLOCK 8291.81 5.84 297.65RGH6466 HOOTON, JOHN H 1206 S PINECREST DRNEW HYALITE LOT 9 BLOCK 5291.81 5.84 297.65RGH6472 PETERSON, RICHARD &BONNIE TYLER3810 EASTWOOD LN NEW HYALITE LOT 2 BLOCK 2291.81 5.84 297.65RGH6500 ANDERSON, COLTER & RACHEL 50%& ANDERSON, JAMES & CODY 50%1441 ASH DRNEW HYALITE LOT 10 BLOCK 16350.17 7.00 357.17RGH65075 3300 GRAF ST UN 88 LAND TRSTPO BOX 11986 SOUTH MEADOWS CONDO UNIT 88421.86 8.44 430.30RGH6541 STUTZMAN, LINDAY & JON TMARY STUTZMAN 719 S CHURCH AVE APTTRACTS A & B COS 666 TRACT INSE 1/4 SECTION 7 NE 1/4182 S 6 E 131.36 2.63 133.99RGH6557 SCHAFER, WILLIAM CURTIS1902 S TRACY AVETHOMPSONS 3 LOT 12 BLOCK 1583.62 11.67 595.29Page 13189 Delinquent Certification 061224RGH65918 BRIDGE PHYSICAL THERAPY HLDGS1119 WOODLAND DRLINDLEY PARK PLACE CONDO #ENP ADD LOT 1A BLK 22 PLAT C-23-A25 PLUS VAC ALLEY32.95 0.66 33.61RGH65920KDR FARMS LLC WILLIAMS, DAVID R ETAL3707 DEVONSHIRE CTLINDLEY PARK PLACE CONDO #202NP ADD LOT 1A BLK 22 PLAT C-23-A25 PLUS VAC ALLEY76.53 1.53 78.06RGH6597 MORRIS, JOHN R 1215 N PINECREST DRNEW HYALITE LOT 14 BLOCK 3317.96 6.36 324.32RGH6598 MORRIS, JOHN R & BRIGITTE 1215 N PINECREST DRNEW HYALITE LOT 13 BLOCK 3317.96 6.36 324.32RGH6601 CLOSE, GLENN/N BLACK TRUSTSPIELMAN,KOENIGSBERG & PARKER1675 BROADWAY FL 20AMENDED BEALLS 2ND ADDLOT 9A BLK F257.45 5.15 262.60RGH6637 GROSSENBACKER, JENNIFERPO BOX 6740 ROUSES 1ST LOT 23 BLOCK H163.42 3.27 166.69RGH6638 GROSSENBACHER, SABLE512 E LAMME STROUSES 1ST LOT 24 BLOCK H163.42 3.27 166.69RGH66876 DICKINSON, JOSHUA C & SARAH BC/O MATT DICKINSON 1722 DOONE RDBOZEMAN CREEK ANNEXATION TR 11GREENHOUSE VILLAGE CONDOSUNIT 3 381.847.64 389.48RGH66930PRESNELL, GLENN F & LYNN K3300 E GRAF ST UNIT 97SOUTH MEADOWS CONDO UNIT 97421.86 8.44 430.30RGH6703 ZINNER, JOSEPH H 113 S WALLACE AVEROUSES 2ND NORTH 14' LOT 11,ALL LOT 12 BLOCK A 282.47 5.65 288.12RGH69078 SELBY HOLDINGS LLC 280 W KAGY BLVD #D322 BUTTE ADDITION TO BOZEMANBLOCK 22 LOTS 11-12 315.62 6.31 321.93RGH69124WOLCOTT, KERRI & PETER20 LONE CAMP RD ROUSES 1ST ADDITIONLOT 5A, BLK BLOCK H UNIT 5 W BLDG 55.18 1.10 56.28RGH70350GETZ JR, BERT A225 SHADOWOOD LANEHBP RESIDENTIAL CONDOMINIUM UNIT 307 TRACYS 2 LOT 1A BLK A159.59 3.19 162.78RGH70358 ALBRO, CARRIE A &CHRISTOPHER M 89 FAIRHAVEN STHBP RESIDENTIAL CONDOMINIUM UNIT 315 TRACYS 2 LOT 1A BLK A64.46 1.29 65.75RGH70383 508 MONTANA LLC9 E LAMME ST HBP RESIDENTIAL CONDOMINIUM UNIT 508TRACYS 2 LOT 1A BLK A62.18 1.24 63.42RGH7375 MILLER, SHANNON M 3100 WAGON WHEEL RD UNIT 4KENT HAL CONDO UNIT 3188.55 3.77 192.32RGH8083 MW SADDLEVIEW LLC ETAL1109 W MAIN ST STE 390MINOR SUB 375 TRACT 19.65 ACRES(FORMERLY OVERLOOK PLACE 583.62 11.67 595.29RGH81244BZNBWI LLC 316 BELLE CREEK RD IMES ADD CANNERY DISTRICTUNIT 1A BLDG N CONDOSPLAT C-41-M 60.70 1.21 61.91RGH81743 BLOCK 106 PARTNERS INC618 N WALLACE AVEBLOCK 106 LOT A CONDOUNIT 101 AMENDED NP LOTS 6-14 BLOCK 10669.77 1.40 71.17RGH81744BLOCK 106 PARTNERS INC618 N WALLACE AVEBLOCK 106 LOT A CONDOUNIT 102 AMENDED NP LOTS 6-14 BLOCK 106112.92 2.26 115.18RGH81745 BLOCK 106 PARTNERS INC618 N WALLACE AVEBLOCK 106 LOT A CONDOUNIT 103 AMENDED NP LOTS 6-14 BLOCK 106101.41 2.03 103.44RGH8192 SEMPER FLY LLC 351 EVERGREEN DR, STE AEVERGREEN BUSINESS PARK LOT 21,386.33 27.73 1,414.06RGH82057 JBOZE LLC JENNIFER KELTER155 FACTORY POND RDBEALLS 3RD ADD BLK 5 LOT 3A126.88 2.54 129.42RGH82062 LICHTY II, EDWARD TKELLY D CORRIGAN - TRUSTEES21 CREST RD BEALLS 3RD ADD BLK 5 LOT 8A126.81 2.54 129.35RGH85108 NEXT PHASE LLC235 SNOWY MOUNTAIN CIR #2PMB 149 MERIN CONDO UNIT 202OP S1/2 LOTS 35-38 BL 1 142.72 2.85 145.57RGH86031 BUSHNELL, RIKKI 2845 OUTLAW LN B&T CONDOS UNIT AINDUSTRIAL PROPERTIES SUBLOT 3 267.105.34 272.44RGH86032 BUSHNELL, RIKKI 2845 OUTLAW LN B&T CONDOS UNIT BINDUSTRIAL PROPERTIES SUBLOT 3 267.105.34 272.44TOTAL DUE369,210.89$ 7,384.22$ 376,595.11$ Page 14190 Memorandum REPORT TO:City Commission FROM:Greg Sullivan, City Attorney SUBJECT: Ordinance 2157, Final 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 25, 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: On June 11, 2024, the Commission provisionally adopted Ordinance 2157 (external link). This agenda item will finally adopt Ordinance 2157. If the Commission does so, this Ordinance will be effective July 25, 2024. The findings the Commission made on June 11th will be incorporated into this consent item. A minor correction has been made to the Ordinance. Section 7 of the ordinance provided to the Commission for provisional adoption indicates current section 2.02.120, BMC, will be replaced with a new section to be numbered 2.02.170. This is not correct. Current section 2.02.120 will be replaced in its entirety with the Section 7 of the Ordinance and will continue to be numbered 2.02.120. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As directed by the City of Bozeman Commission. FISCAL EFFECTS:None identified. Attachments: Ordinance 2157 for Final Adoption.docx 191 Report compiled on: June 12, 2024 192 Ordinance 2157 Page 1 of 11 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. 193 Ordinance 2157 Page 2 of 11 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. 6.Consent items (consent items are those which staff considers no discussion is necessary, including resolutions; however, at the beginning of each meeting, any 194 Ordinance 2157 Page 3 of 11 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. 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 195 Ordinance 2157 Page 4 of 11 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 subsequent meeting of the commission, but the matter must be duly scheduled as an agenda item. 196 Ordinance 2157 Page 5 of 11 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. 197 Ordinance 2157 Page 6 of 11 Section 7 That section 2.02.120 be replaced in its entirety by: Sec.2.02.120 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. c. A person must not engage in the following conduct or behavior: i. make unduly repetitive comments; 198 Ordinance 2157 Page 7 of 11 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 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, 199 Ordinance 2157 Page 8 of 11 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 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. 200 Ordinance 2157 Page 9 of 11 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. 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. 201 Ordinance 2157 Page 10 of 11 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. This Ordinance shall be in full force and effect thirty (30) days after final adoption. 202 Ordinance 2157 Page 11 of 11 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 11th day of June 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 25th day of June 2024. ____________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney 203 Memorandum REPORT TO:City Commission FROM: Mitch Overton, Director of Parks and Recreation Department SUBJECT:Resolution 5603 Adopting the Sunset Hills Cemetery Fee Schedule for Fiscal Years 2025 Through FY 2029 MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to adopt Resolution 5603 amending the Fee Schedule for the Sunset Hills Cemetery for fiscal years 2025 through FY 29 STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: On June 15, 2021 the Bozeman City Commission passed Resolution 5289 amending the fees for the Sunset Hills Cemetery . The fee schedule adopted in Resolution 5289 concludes June 30, 2024. After analysis of other municipal cemetery rates in Montana and recent inflationary trends, Resolution 5603 sets cemetery fees and deposits for the period of fiscal year 2025 through FY '29. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS:The recommended fee adjustments attempt to keep up with inflation in a incremental manor so as not to burden rate payers or the general fund. Attachments: Resolution 5603 cemetery fees 2024 PDF.pdf Report compiled on: June 13, 2024 204 205 Version February 2023 RESOLUTION 5603 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING CEMETERY FEES AND PERPETUAL CARE FUND DEPOSITS. WHEREAS, on June 15, 2021 the Bozeman City Commission passed Resolution 5289 amending the fees for the Sunset Hills Cemetery; and WHEREAS, the City Commission has requested that Sunset Hills Cemetery fees be periodically assessed for updating; and WHEREAS, public notice was provided in conformance with Montana with Montana Code Annotated 7-1-4127 regarding public hearing to address amending the Sunset Hills Cemetery Fee Schedule; and WHEREAS, the Bozeman City Commission conducted a public hearing on amending the fees for Sunset Hills Cemetery, in accordance with Montana Code Annotated 7-6-4013, on June 25th, 2024; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That the following schedule of fees shall be effective for the sale of cemetery lots and other services, on July 1st, 2024 as described: 206 Version February 2023 Sunset Hills Cemetery Service Current Fees July 1st 2024 3% increase July 1st 2025 3% increase July 1st 2026 3% increase July 1st 2027 3% increase July 1st 2028 3% increase Adult Lots $1,722 $1,774 $1,827 $1,882 $1,938 $1,996 Ashes Lots $1,291 $1,330 $1,370 $1,411 $1,453 $1,497 Infant Lots $130 $134 $138 $142 $146 $151 Columbarium $1,031 $1,062 $1,094 $1,127 $1,160 $1,195 Second Urn $326 $336 $346 $356 $367 $378 Opening and Closing Adult $868 $894 $921 $948 $977 $1,006 Opening and Closing Ashes $434 $447 $460 $474 $488 $503 Opening and Closing Infant $174 $179 $185 $190 $196 $202 Opening and Closing County/MSU $434 $447 $460 $474 $488 $503 Opening and Closing Columbarium $217 $224 $230 $237 $244 $252 Weekend/Holiday Opening and Closing Ashes (pre- noon) $619 $638 $657 $676 $697 $718 Weekend/Holiday Opening and Closing Infant (pre- noon) $250 $258 $265 $273 $281 $290 Weekend/Holiday Opening and Closing Columbarium (pre-noon) $326 $336 $346 $356 $367 $378 Disinterment Triple Opening and Closing Adult $2,604 $2,682 $2,763 $2,845 $2,931 $3,019 Disinterment Triple Opening and Closing Ashes $1,302 $1,341 $1,382 $1,423 $1,465 $1,509 Disinterment Triple Opening and Closing Infant $521 $537 $553 $569 $586 $604 Disinterment Triple Opening and Closing $1,302 $1,341 $1,381 $1,423 $1,465 $1,509 Disinterment Triple Opening and Closing Columbarium $651 $671 $691 $711 $733 $755 Monument Setting Permit $33 $34 $35 $36 $37 $38 Admin fee for Reconveyance to City $54 $56 $57 $59 $61 $63 207 Version February 2023 Sunset Hills Cemetery Service Current Fees July 1st 2024 3% increase July 1st 2025 3% increase July 1st 2026 3% increase July 1st 2027 3% increase July 1st 2028 3% increase Disinterment/Reinternment within one week $760 $783 $806 $830 $855 $881 County interment for infant or ashes $109 $112 $116 $119 $123 $126 Payment in Lieu of Vault $ $760 $783 $806 $830 $855 $881 Memorial Garden Plaque $351 $362 $372 $384 $395 $407 Section 2 – Perpetual Care Fund Deposits 25% of all lot sales shall be deposited into the Perpetual Care Fund for future maintenance at the Sunset Hills Cemetery. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 25th day of June 2024. ___________________________________ TERRY CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 208 Memorandum REPORT TO:City Commission FROM:Kaitlin Johnson, Budget Analyst Melissa Hodnett, Finance Director Chuck Winn, Interim City Manager SUBJECT:Resolution 5600 Adopting the FY25 Annual Operating Budget and the 2025 Biennial Budget MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to adopt Resolution 5600. 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 addition 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 2025 Biennium Recommended Budget is available online on the Budget and Financial Reports webpage. In addition to being available online, a copy of the 2025 Biennium Recommended Budget is available in the City Clerk's Office. The detailed budget presentation with questions and answers took place on June 11, 2024. A public hearing was held at that presentation, and another will be held tonight. This will be the City’s first adopted biennial budget. Transitioning to a biennium budget reflects the City's commitment to prudent financial management and longer-term planning. This approach provides us with greater stability and predictability in resource allocation over a two-year period, allowing us to focus more effectively on planning and preparing for the future of Bozeman and how to continue to efficiently provide essential services. Streamlining the budget process will significantly reduce the administrative burden on many staff, including the City Commission, 209 involved in the budgetary process and will create additional capacity to focus on proactively responding to community needs and external changes impacting City services. This milestone marks a significant step forward in our efforts to ensure the fiscal sustainability and resilience of our City for years to come. Budgets can be amended during the budget cycle by procedures set by the City Commission, and/or through a City Commission Resolution with opportunity for public comments. The City will prepare a FY26 Preliminary Annual Operating Budget that will be recommended for adoption by the City Commission no later than 30 days after receiving certified taxable values from the department of revenue per MCA 7-6-4024. Values are typically received from the State in early August. Resolution 5600 formally adopts appropriations for FY25. The City Manager’s Recommended FY25 Annual Operating Budget includes $243.6M in City-wide budget appropriations. Excluding transfers between funds, expenditures are estimated to be $217.6M. The majority of expenditures are in capital outlay. A total of $74.6M in budgeted capital outlay includes $21.4M for street improvement and capacity expanding projects and $19.8M for water and wastewater infrastructure. Capital also includes $18M for Fire Station 4, which is currently unfunded and would only be built if a bond were approved by voters. The budget includes a focus on City’s performance of basic services and modernizing and improving the effectiveness of City government by adding capacity to existing departments through staffing and training. The 2025 Biennium Budget will also be adopted as reference. The City Manager’s Recommended 2025 Biennium Budget includes City-wide appropriations of $484.7M over two years. Excluding transfers between funds, expenditures are estimated to be $432.1M. Details of the budgets by category and department are included in the 2025 Biennium Recommended Budget which is available online on the Budget and Financial Reports webpage. UNRESOLVED ISSUES:None ALTERNATIVES:Changes to the City Manager’s Recommended Budget can be adopted by motion. FISCAL EFFECTS:Fiscal effects have been discussed during the detailed budget presentation on June 11, 2024, and are included in the 2025 Biennium Recommended Budget document linked above and available in the City Clerk's Office. Page 25 of the document details the recommended budget by Budget Unit. The estimated monthly cost increase for the median single-family home is of $18.05 in FY25 and $19.34 in FY26. 210 For FY25, assuming 3% growth in the assessed value of the median single- family home, the estimated impact to a single-family residential property on a 7,500 square foot lot with an average water usage of 7.5 HCF per month is an increase of 6.7% per year in total taxes and assessments in FY25, or roughly $18.05 per month. For FY26, assuming another a 14% annual growth in the assessed value of residential property, the estimated impact to a single-family residential property on a 7,500 square foot lot with an average water usage of 7.5 HCF per month is an increase of 6.7% per year in total taxes and assessments in FY25 and FY26. Attachments: Resolution 5600.docx FY25 Annual Operating Budget.pdf Report compiled on: June 10, 2024 211 Version February 2023 Page 1 of 4 RESOLUTION 5600 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING FUNDS FOR VARIOUS BUDGET UNITS, AND FURTHER ESTIMATING RESOURCES NECESSARY TO OPERATE AND MAINTAIN SERVICES OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2025. WHEREAS,the City Commission did, on the 4th day of June, 2024, receive the 2025 Biennium Recommended Budget; and WHEREAS,the City Commission did, on June 11th hold a budget work session that was open to the public to discuss the details of the Recommended Budget; and WHEREAS, the City Commission did, on the 25th day of June, 2024, after due and proper legal notice, conduct a public hearing on the proposed municipal budget. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 The City Commission of the City of Bozeman, Montana, does hereby authorize and appropriate expenditures of governmental fund types (general fund, special revenues funds, debt service funds and capital project funds) and expenses for proprietary fund types (enterprise funds and internal service funds) and fiduciary fund types (permanent funds) for budget units and purposes set forth below, in the amounts designated herein, as follows. The City Commission further authorizes and re-appropriates the unexpended balance of Capital Improvement Program items and outstanding purchase orders and other obligations, as approved by the City Manager, which were previously budgeted and have not been completed. 212 Version February 2023 Page 2 of 4 Section 2 The City Commission of the City of Bozeman, Montana does hereby estimate resources for the various budget units, as follows: Section 3 That budget information contained in the "2025 Biennium City Manager’s Recommended Budget" and “FY25 City Manager’s Recommended Annual Operating Budget” documents pertaining to Policy Direction, Fiscal Policy, and the specific information concerning budgeting for each fund, as may be subsequently amended prior to final adoption of the budget, are hereby adopted as reference. Section 4 Annual appropriations and transfers out for various departments for Fiscal Year 2025 will be controlled and monitored for budgetary compliance at the budget unit level. Budget Unit Estimated Resources General Fund 72,360,800$ Special Revenue Funds 108,073,000 Debt Service Funds 7,566,900 Construction Funds 21,437,800 Enterprise Funds 105,655,400 Internal Service Funds 19,512,500 Permanent Funds 2,018,000 Grand Total - Estimated Revenues 336,624,400$ Budget Unit Appropriations General Fund 58,663,400$ Special Revenue Funds 78,568,600 Debt Service Funds 5,155,800 Construction Funds 19,000,400 Enterprise Funds 64,012,500 Internal Service Funds 18,170,400 Permanent Funds - Grand Total - Appropriations 243,571,100$ 213 Version February 2023 Page 3 of 4 Section 5 Pursuant to Sections 7-6-4006 and 7-6-4012, M.C.A., the City Commission hereby delegates appropriation and budget amendment authority to the City Manager for the expenditures from the following funds: debt service funds; fee-based budgets; trust funds; federal, state, and private grants accepted and approved by the City Commission; special assessments; monies borrowed during the year; proceeds from sale of land; and funds for gifts or donations. Section 6 Pursuant to Section 7-6-4030, M.C.A., this resolution, upon its passage, shall be in full force and effect as of July 1, 2024. Section 7 That upon this resolution becoming effective, as provided in Section 6 above, all resolutions and parts thereof in conflict herewith are hereby repealed. Section 8 That should it be found by any court of competent jurisdiction that any section, clause, portion, sentence, word, or phrase of this resolution is deemed to be contrary to any existing law or regulations, that in this instance, it is the intent of the City Commission of the City of Bozeman, Montana, that all other portions, sections, words, clauses, phrases, or paragraphs of this document shall remain in full force and effect. 214 Version February 2023 Page 4 of 4 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 25th day of June, 2024. ___________________________________ TERRY CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 215 Appendix C City of Bozeman FY25 Annual Operating Budget (by Fund) 216 Table of Contents Resource & Appropriation Listings City‐Wide 3 General Fund 4 Special Revenue Funds American Rescue Plan 5 Health‐Medical Insurance 6 Gas Tax 7 Building Inspection Fund 8 Community Development/Planning 9 Community Housing Fund 10 Fire Department Equipment 11 Fire Impact Fee 12 Parks & Trails District 13 Park Land Trust 14 Tree Maintenance District 15 Street Arterial Construction District 16 Street Impact Fee 17 Street Maintenance District 18 Metropolitan Planning Organization 19 Department Special Revenue Funds 20 Lighting Districts 21 Downtown Improvement District 22 Urban Renewal Districts 23 Debt Service Funds GO Bonds 24 URD Bonds 25 Special Improvement Districts (SIDs) 26 SID Revolving Fund 27 Construction Funds Capital Projects 28 Enterprise Funds Water Fund 29 Wastewater Fund 30 Stormwater Fund 31 Solid Waste Fund 32 Parking Fund 33 Internal Service Funds Health‐Medical Insurance ISF 34 Public Works Administration 35 Vehicle Maintenance 36 Permanent Funds Cemetery Perpetual Care 37 Changes in Fund Balance 38 Capital Plan 39 Current Debt 43 Future Debt 44 FTE Summary 45 Property Tax Increases 46 Page 2 of 46 217 City‐Wide FY23 Actual FY24 Projected FY25 Budget 142,571,100$  117,614,300$   Revenues & Other Resources Taxes 37,243,514$     41,882,900$     43,885,000$      State Shared 6,158,176         9,979,700         8,490,300          County Shared 3,339,118         3,361,700         3,396,600          Special Assessments 1,293,467         1,279,500         946,500              Licenses & Permits 4,215,052         5,288,200         6,272,400          Intergovernmental 8,629,483         8,069,100         2,446,800          Charges for Services 65,514,441       79,444,500       83,375,800        Fines & Forfeitures 1,407,688         1,360,500         1,377,700          Interest Income 3,059,246         2,877,700         2,512,200          Miscellaneous Revenue 5,095,408         4,038,600         1,486,000          Debt Proceeds 929,222             14,649,900       38,363,600        Internal Charges 13,321,061       15,203,000       16,793,800        Interfund Loan Proceeds ‐                      ‐                     1,186,900          Transfers In 25,982,906       20,320,500       8,476,500          Total Revenues 176,188,783$  207,755,800$  219,010,100$   Appropriations Salaries & Benefits 51,563,909$     57,649,300$     69,852,100$      Operations & Maintenance 38,371,315       49,274,300       60,092,500        Capital Outlay 23,593,859       80,814,100       74,644,200        Debt Service/Loans 10,663,543       10,632,500       11,844,700        Transfers Out 38,226,390       34,342,400       27,137,600        Total Appropriations 162,419,017$  232,712,600$  243,571,100$   117,614,300$  93,053,300$      ‐$                   3,559,600$        117,614,300$  89,493,700$      Designated Reserves Undesignated Reserves City‐Wide Resources & Appropriations Ending Balance Beginning Balance Page 3 of 46 218 General Fund FY23 Actual FY24 Projected FY25 Budget 15,298,900$     15,336,100$      Revenues & Other Resources Taxes 23,164,839$     27,014,900$     29,734,800$      State Shared 5,122,791         5,340,200         5,453,200          County Shared 3,339,118         3,361,700         3,396,600          Licenses & Permits 381,922            474,200            500,900             Intergovernmental 23,496               494,600            674,400             Charges for Services 941,649            1,184,900         1,215,200          Fines & Forfeitures 1,009,840         946,100            952,800             Interest Income 171,669            100,000            100,000             Miscellaneous Revenue 3,126,126         221,600            221,600             Debt Proceeds 66,602               4,148,000         3,511,300          Internal Charges 5,365,523         6,384,700         7,139,500          Transfers In 10,854,877       6,989,300         4,124,400          Total Revenues 53,568,452$     56,660,200$     57,024,700$      Appropriations Salaries & Benefits 28,117,588$     31,980,400$     38,526,000$      Operations & Maintenance 9,122,838         12,135,700       12,558,900        Capital Outlay 3,107,361         10,500,200       3,608,800          Debt Service/Loans 78,978               67,300               349,200             Transfers Out 6,894,414         1,939,400         3,620,500          Total Appropriations 47,321,178$     56,623,000$     58,663,400$      15,336,100$     13,697,400$      ‐$                   3,559,600$        15,336,100$     10,137,800$      Designated Reserves Undesignated Reserves Ending Balance Beginning Balance General Fund Resources & Appropriations City Commission 2% City Manager 5%City Clerk 1% Municipal Court 4% City Attorney 5% Finance 4% Information Technology 5% Human Resources 2% Police 29% Fire 18% Cemetery 2% Library 8% Recreation 7% Neighborhood Services 2% Sustainability 2% Non‐Departmental 4% General Fund Operating Appropriations by Department (Salaries & Benefits, Operations & Maintenance, and Capital Outlay) Page 4 of 46 219 American Rescue Plan FY23 Actual FY24 Projected FY25 Budget ‐$                    ‐$                    Revenues & Other Resources Intergovernmental 6,751,994$       4,316,900$        ‐$                    Interest Income 196,050             25,000                ‐                      Total Revenues 6,948,043$       4,341,900$        ‐$                    Appropriations Transfers Out 6,751,994$       4,341,900$        ‐$                    Total Appropriations 6,751,994$       4,341,900$        ‐$                    ‐$                    ‐$                    American Rescue Plan Special Revenue Fund  Resources & Appropriations Beginning Balance Ending Balance Page 5 of 46 220 Health‐Medical Insurance FY23 Actual FY24 Projected FY25 Budget 1,354,600$       486,400$           Revenues & Other Resources Taxes 3,390,015$       2,646,100$       2,701,300$        Interest Income 11,554                ‐                      ‐                      Total Revenues 3,401,569$       2,646,100$       2,701,300$        Appropriations Transfers Out 3,072,283$       3,514,300$       3,187,700$        Total Appropriations 3,072,283$       3,514,300$       3,187,700$        486,400$           ‐$                   Ending Balance Beginning Balance Health‐Medical Insurance Special Revenue Fund  Resources & Expenditures Page 6 of 46 221 Gas Tax Fund FY23 Actual FY24 Projected FY25 Budget 226,200$           ‐$                    Revenues & Other Resources State Shared 788,161$           ‐$                    ‐$                    Interest Income 9,193                  ‐                      ‐                      Total Revenues 797,354$           ‐$                    ‐$                    Appropriations Operations & Maintenance 545,185$           ‐$                    ‐$                    Capital Outlay 1,088,063          ‐                      ‐                      Transfers Out ‐                     226,200              ‐                      Total Appropriations 1,633,248$       226,200$           ‐$                    ‐$                    ‐$                    Gas Tax Special Revenue Fund Resources & Appropriations Beginning Balance Ending Balance Page 7 of 46 222 Building Inspection Fund FY23 Actual FY24 Projected FY25 Budget 1,015,200$       1,019,300$        Revenues & Other Resources Licenses & Permits 3,057,482$       3,940,100$       4,870,000$        Charges for Services 32,400               47,900               49,300                Interest Income 25,806               10,000               10,000                Miscellaneous Revenue 2                         19,100               19,700                Total Revenues 3,115,690$       4,017,100$       4,949,000$        Appropriations Salaries & Benefits 2,287,224$       2,556,000$       3,478,800$        Operations & Maintenance 696,189             876,300             793,300              Capital Outlay 421,400             115,000             65,000                Transfers Out 387,240             465,700             514,800              Total Appropriations 3,792,054$       4,013,000$       4,851,900$        1,019,300$       1,116,400$        Beginning Balance Ending Balance Building Inspection Special Revenue Fund Resources & Appropriations Page 8 of 46 223 Community Development/Planning FY23 Actual FY24 Projected FY25 Budget 1,417,800$       2,891,400$        Revenues & Other Resources Taxes 319,373$          370,800$          619,100$           State Shared 134,472             149,500             152,700              Licenses & Permits 65,250               101,500             104,500              Intergovernmental 12,400               6,000                 6,200                  Charges for Services 1,110,987         1,060,900         1,220,000          Interest Income 9,872                 14,000               14,400                Miscellaneous Revenue 59,771               81,100               83,500                Internal Charges 164,263             161,000             165,800              Transfers In 2,100,029         2,838,900         436,900              Total Revenues 3,976,416$       4,783,700$       2,803,100$        Appropriations Salaries & Benefits 2,255,983$       2,259,800$       2,546,300$        Operations & Maintenance 580,722             486,100             897,000              Capital Outlay 90,571               65,000               13,000                Transfers Out 428,824             499,200             491,300              Total Appropriations 3,356,100$       3,310,100$       3,947,600$        2,891,400$       1,746,900$        Beginning Balance Ending Balance Planning (Community Development) Special Revenue Fund Resources & Appropriations Page 9 of 46 224 Community Housing Fund FY23 Actual FY24 Projected FY25 Budget 2,393,800$       1,780,600$        Revenues & Other Resources Taxes 1,277,712$       1,397,500$        ‐$                    Interest Income 22,939               13,600               13,600                Miscellaneous Revenue 134,153             100                    100                     Transfers In 1,000,000          ‐                     1,000,000          Total Revenues 2,434,805$       1,411,200$       1,013,700$        Appropriations Salaries & Benefits 100,150$          106,000$          111,100$           Operations & Maintenance 178,214             1,918,400         3,178,900          Total Appropriations 278,365$          2,024,400$       3,290,000$        1,780,600$       (495,700)$         1 Beginning Balance Ending Balance Community Housing Special Revenue Fund Resources & Appropriations 1. Biennium budget is balanced, and an overnight loan from General Fund will be used to ensure positive  cash balance in FY25. Page 10 of 46 225 Fire Department Equipment FY23 Actual FY24 Projected FY25 Budget 383,800$          651,400$           Revenues & Other Resources Taxes 640,306$          734,500$          1,023,800$        Interest Income 18,926               9,200                 9,200                  Miscellaneous Revenue ‐                     1,000,000          ‐                      Debt Proceeds ‐                     5,125,900          ‐                      Total Revenues 659,232$          6,869,600$       1,033,000$        Appropriations Operations & Maintenance 98,518$             100,600$           ‐$                    Capital Outlay 78,182               3,683,800         434,000              Debt Service/Loans ‐                      ‐                     794,000              Transfers Out 1,141,038         2,817,600          ‐                      Total Appropriations 1,317,737$       6,602,000$       1,228,000$        651,400$          456,400$           Beginning Balance Ending Balance Fire Department Equipment Special Revenue Fund Resources & Appropriations Page 11 of 46 226 Fire Impact Fee FY23 Actual FY24 Projected FY25 Budget 4,880,800$       339,400$           Revenues & Other Resources Charges for Services 522,006$          743,200$          615,800$           Interest Income 101,857             47,400               47,400                Total Revenues 623,864$          790,600$          663,200$           Appropriations Operations & Maintenance 4,179$               4,100$               54,000$              Capital Outlay ‐                     1,500,000          ‐                      Transfers Out 26,100               3,827,900         30,800                Total Appropriations 30,279$            5,332,000$       84,800$             339,400$          917,800$           Beginning Balance Ending Balance Fire Impact Fee Special Revenue Fund Resources & Appropriations Page 12 of 46 227 Parks & Trails District FY23 Actual FY24 Projected FY25 Budget 3,364,500$       2,793,100$        Revenues & Other Resources Special Assessments 13,346$             13,300$             13,300$              Intergovernmental ‐                     60,000                ‐                      Charges for Services 5,888,241         6,593,400         6,847,600          Interest Income 62,884               13,800               13,800                Miscellaneous Revenue 55,542               125,500             10,000                Debt Proceeds ‐                      ‐                     550,800              Transfers In 375,977             96,100                ‐                      Total Revenues 6,395,990$       6,902,100$       7,435,500$        Appropriations Salaries & Benefits 1,555,520$       2,318,000$       3,725,800$        Operations & Maintenance 2,345,505         2,493,600         2,663,600          Capital Outlay 467,028             1,850,100         1,640,000          Debt Service/Loans ‐                     125,900             125,900              Transfers Out 546,968             685,900             878,800              Total Appropriations 4,915,020$       7,473,500$       9,034,100$        2,793,100$       1,194,500$        Beginning Balance Ending Balance Parks & Trails District Special Revenue Fund Resources & Appropriations Page 13 of 46 228 Park Land Trust FY23 Actual FY24 Projected FY25 Budget 1,992,900$       2,231,700$        Revenues & Other Resources Interest Income 40,848$             66,100$             66,100$              Miscellaneous Revenue 823,292             786,200             786,200              Transfers In ‐                     243,900              ‐                      Total Revenues 864,140$          1,096,200$       852,300$           Appropriations Operations & Maintenance 20,145$             260,000$          393,800$           Capital Outlay 3,014                 363,600             150,000              Debt Service/Loans 100,000             233,800              ‐                      Total Appropriations 123,159$          857,400$          543,800$           2,231,700$       2,540,200$        Beginning Balance Ending Balance Park Land Trust Fund Resources & Appropriations Page 14 of 46 229 Tree Maintenance District FY23 Actual FY24 Projected FY25 Budget 621,700$          476,400$           Revenues & Other Resources Special Assessments 2,090$               2,000$               2,000$                Intergovernmental 850                     ‐                      ‐                      Charges for Services 889,983             936,000             973,700              Interest Income 14,228               10,000               10,000                Miscellaneous Revenue 32,614               15,000               15,000                Total Revenues 939,764$          963,000$          1,000,700$        Appropriations Salaries & Benefits 555,968$          545,500$          671,700$           Operations & Maintenance 235,086             220,500             219,300              Capital Outlay 84,986               215,000             52,000                Transfers Out 102,349             127,300             169,900              Total Appropriations 978,389$          1,108,300$       1,112,900$        476,400$          364,200$           Beginning Balance Ending Balance Tree Maintenance (Forestry) District Special Revenue Fund Resources & Appropriations Page 15 of 46 230 Street Arterial Construction District FY23 Actual FY24 Projected FY25 Budget 4,366,200$       3,560,000$        Revenues & Other Resources Special Assessments 3,936$               4,000$               4,000$                Intergovernmental ‐                      ‐                     573,900              Charges for Services 1,662,399         1,816,500         1,883,000          Interest Income 85,529               20,000               20,000                Miscellaneous Revenue ‐                     1,326,400         100,000              Debt Proceeds ‐                      ‐                     2,885,400          Total Revenues 1,751,864$       3,166,900$       5,466,300$        Appropriations Operations & Maintenance 42,404$             174,300$          156,600$           Capital Outlay 1,140,493         3,798,800         4,459,500          Transfers Out 55,475                ‐                      ‐                      Total Appropriations 1,238,372$       3,973,100$       4,616,100$        3,560,000$       4,410,200$        Beginning Balance Ending Balance Street Arterial Construction District Special Revenue Fund Resources & Appropriations Page 16 of 46 231 Street Impact Fee FY23 Actual FY24 Projected FY25 Budget 14,002,800$     17,211,800$      Revenues & Other Resources Charges for Services 5,205,583$       8,174,900$       8,174,900$        Interest Income 311,234             132,000             132,000              Transfers In 202,070              ‐                      ‐                      Total Revenues 5,718,887$       8,306,900$       8,306,900$        Appropriations Operations & Maintenance 53,334$             239,700$          50,000$              Capital Outlay 4,621,353         4,549,400         16,368,200        Transfers Out 260,279             308,800             408,700              Total Appropriations 4,934,967$       5,097,900$       16,826,900$      17,211,800$     8,691,800$        Beginning Balance Ending Balance Street Impact Fee Special Revenue Fund Resources & Appropriations Page 17 of 46 232 Street Maintenance District FY23 Actual FY24 Projected FY25 Budget 1,865,400$       3,616,500$        Revenues & Other Resources State Shared ‐$                   4,432,900$       2,827,300$        Special Assessments 17,716               19,700               20,000                Licenses & Permits 37,033               28,000               30,000                Charges for Services 8,220,620         9,060,700         9,425,800          Interest Income 41,037               20,000               20,000                Miscellaneous Revenue 451,977             800                    1,000                  Debt Proceeds 862,620             911,900              ‐                      Transfers In ‐                     391,400              ‐                      Total Revenues 9,631,002$       14,865,400$     12,324,100$      Appropriations Salaries & Benefits 2,425,976$       2,542,600$       3,091,300$        Operations & Maintenance 2,693,337         4,249,900         3,610,500          Capital Outlay 2,155,172         3,229,400         3,377,300          Debt Service/Loans 322,517             364,700             323,500              Transfers Out 2,132,584         2,727,700         3,300,100          Total Appropriations 9,729,585$       13,114,300$     13,702,700$      3,616,500$       2,237,900$        Beginning Balance Ending Balance Street Maintenance Special Revenue Fund Resources & Appropriations Page 18 of 46 233 MPO FY23 Actual FY24 Projected FY25 Budget ‐$                   417,500$           Revenues & Other Resources Intergovernmental ‐$                   417,500$          502,500$           Transfers In ‐                     15,400               74,600                Total Revenues ‐$                   432,900$          577,100$           Appropriations Salaries & Benefits ‐$                    ‐$                   288,100$           Operations & Maintenance ‐                     15,400               308,300              Total Appropriations ‐$                   15,400$            596,400$           417,500$          398,200$           Beginning Balance Ending Balance Metropolitan Planning Organization Special Revenue Fund Resources & Appropriations Page 19 of 46 234 Department Special Revenue Funds FY23 Actual FY24 Projected FY25 Budget 3,713,600$       3,547,400$        Revenues & Other Resources Taxes 158,682$          184,000$          2,100$                Intergovernmental 537,006             234,800              ‐                      Charges for Services 39,685               45,000               47,300                Fines & Forfeitures 59,429               63,100               63,100                Interest Income 52,021               10,700               9,900                  Miscellaneous Revenue 165,167             25,000                ‐                      Transfers In 369,895             211,100             477,000              Total Revenues 1,381,886$       773,700$          599,400$           Appropriations Salaries & Benefits 247,658$          308,300$          390,700$           Operations & Maintenance 440,871             445,400             281,000              Capital Outlay 392,939              ‐                      ‐                      Debt Service/Loans 125,795              ‐                      ‐                      Transfers Out 298,872             186,200             3,600                  Total Appropriations 1,506,134$       939,900$          675,300$           3,547,400$       3,471,500$        Beginning Balance Ending Balance Department Special Revenue Funds Resources & Appropriations Page 20 of 46 235 Lighting Districts FY23 Actual FY24 Projected FY25 Budget 504,900$          415,400$           Revenues & Other Resources Special Assessments 466,394$          421,300$          97,000$              Interest Income 10,618                ‐                      ‐                      Total Revenues 477,012$          421,300$          97,000$             Appropriations Operations & Maintenance 470,545$          510,800$          512,400$           Total Appropriations 470,545$          510,800$          512,400$           415,400$           ‐$                    Beginning Balance Ending Balance Lighting District Special Revenue Funds Resources & Appropriations Page 21 of 46 236 Downtown Improvement District FY23 Actual FY24 Projected FY25 Budget 4,700$               5,600$                Revenues & Other Resources Special Assessments 220,642$          230,300$          260,100$           Licenses & Permits 500                    800                    1,500                  Total Revenues 221,142$          231,100$          261,600$           Appropriations Operations & Maintenance 220,601$          230,200$          262,000$           Total Appropriations 220,601$          230,200$          262,000$           5,600$               5,200$                Beginning Balance Ending Balance Downtown Improvement District Special Revenue Fund Resources & Appropriations Page 22 of 46 237 Urban Renewal Districts FY23 Actual FY24 Projected FY25 Budget 9,986,400$       10,820,800$      Revenues & Other Resources Taxes 4,556,364$       5,533,600$       5,664,900$        State Shared 112,752             57,100               57,100                Interest Income 199,931             2,100                 2,100                  Total Revenues 4,869,048$       5,592,800$       5,724,100$        Appropriations Salaries & Benefits 172,228$          181,500$          194,600$           Operations & Maintenance 515,843             2,644,600         12,283,400        Capital Outlay 207,943             852,200             780,000              Debt Service/Loans 92,000               92,100               92,100                Transfers Out 740,100             988,000             745,900              Total Appropriations 1,728,114$       4,758,400$       14,096,000$      10,820,800$     2,448,900$        Beginning Balance Ending Balance Urban Renewal District Special Revenue Funds Resources & Appropriations Page 23 of 46 238 GO Bonds FY23 Actual FY24 Projected FY25 Budget (371,600)$         (330,000)$          Revenues & Other Resources Taxes 3,736,222$       4,001,500$       4,139,000$        Interest Income 9,180                  ‐                      ‐                      Total Revenues 3,745,403$       4,001,500$       4,139,000$        Appropriations Debt Service/Loans 3,955,380$       3,959,900$       4,139,000$        Transfers Out 128,272              ‐                      ‐                      Total Appropriations 4,083,652$       3,959,900$       4,139,000$        (330,000)$         (330,000)$         1 Beginning Balance Ending Balance GO Bond Debt Service Funds Resources & Appropriations 1. An overnight loan from General Fund will be used to help reduce the impact on property tax payers in  FY25. Page 24 of 46 239 URD Bonds FY23 Actual FY24 Projected FY25 Budget ‐$                    ‐$                    Revenues & Other Resources Transfers In 740,100$          744,100$          745,900$           Total Revenues 740,100$          744,100$          745,900$           Appropriations Debt Service/Loans 740,100$          744,100$          745,900$           Total Appropriations 740,100$          744,100$          745,900$           ‐$                    ‐$                    Beginning Balance Ending Balance Urban Renewal District Bond Debt Service Funds Resources & Appropriations Page 25 of 46 240 Special Improvement Districts (SIDs) FY23 Actual FY24 Projected FY25 Budget 1,505,600$       1,810,700$        Revenues & Other Resources Special Assessments 569,230$          588,700$          549,900$           Interest Income 57,675               27,200               28,300                Transfers In 202,128              ‐                      ‐                      Total Revenues 829,034$          615,900$          578,200$           Appropriations Debt Service/Loans 520,722$          310,800$          270,900$           Transfers Out 3,204,837          ‐                      ‐                      Total Appropriations 3,725,559$       310,800$          270,900$           1,810,700$       2,118,000$        Beginning Balance Ending Balance Special Improvement Districts (SIDs) Debt Service Funds Resources & Appropriations Page 26 of 46 241 SID Revolving Fund FY23 Actual FY24 Projected FY25 Budget 623,100$          623,100$           Revenues & Other Resources Interest Income 11,493$              ‐$                    ‐$                    Miscellaneous Revenue 10,405                ‐                      ‐                      Transfers In 1,326,665          ‐                      ‐                      Total Revenues 1,348,562$        ‐$                    ‐$                    Appropriations Transfers Out 2,188,757$        ‐$                    ‐$                    Total Appropriations 2,188,757$        ‐$                    ‐$                    623,100$          623,100$           Beginning Balance Ending Balance SID Revolving Debt Service Fund Resources & Appropriations Page 27 of 46 242 Capital Projects FY23 Actual FY24 Projected FY25 Budget 10,574,300$     2,396,200$        Revenues & Other Resources Interest Income 243,848$          382,800$          41,600$              Debt Proceeds ‐                     2,424,100         18,000,000        Transfers In 6,727,225         6,868,900         1,000,000          Total Revenues 6,971,073$       9,675,800$       19,041,600$      Appropriations Operations & Maintenance 687,491$          521,600$           ‐$                    Capital Outlay 4,059,642         15,263,700       19,000,400        Transfers Out 977,705             2,068,600          ‐                      Total Appropriations 5,724,838$       17,853,900$     19,000,400$      2,396,200$       2,437,400$        Beginning Balance Ending Balance Capital Projects Construction Funds Resources & Appropriations Page 28 of 46 243 Water Fund FY23 Actual FY24 Projected FY25 Budget 40,295,100$     30,501,200$      Revenues & Other Resources Special Assessments 9$                        ‐$                    ‐$                    Intergovernmental 1,296,689         317,900             535,900              Charges for Services 14,886,895       18,969,300       19,260,100        Interest Income 847,904             1,231,300         1,231,300          Miscellaneous Revenue 124,403             238,500             149,600              Transfers In 1,351,387         214,700              ‐                      Total Revenues 18,507,286$     20,971,700$     21,176,900$      Appropriations Salaries & Benefits 3,210,787$       3,515,000$       3,789,200$        Operations & Maintenance 3,307,024         4,890,500         4,000,300          Capital Outlay 3,470,672         16,799,000       6,694,700          Debt Service/Loans 1,796,523         1,796,500         1,796,200          Transfers Out 3,874,345         3,764,600         4,343,800          Total Appropriations 15,659,350$     30,765,600$     20,624,200$      30,501,200$     31,053,900$      Beginning Balance Ending Balance Water Fund Resources & Appropriations Page 29 of 46 244 Wastewater Fund FY23 Actual FY24 Projected FY25 Budget 14,080,600$     8,563,200$        Revenues & Other Resources Special Assessments 12$                     ‐$                    ‐$                    Intergovernmental 7,048                 749,600              ‐                      Charges for Services 12,343,552       15,331,400       16,304,600        Interest Income 305,936             435,600             435,600              Miscellaneous Revenue 9,255                 30,300               7,400                  Debt Proceeds ‐                     2,040,000         10,200,000        Transfers In 246,769             127,200              ‐                      Total Revenues 12,912,571$     18,714,100$     26,947,600$      Appropriations Salaries & Benefits 2,483,099$       2,815,700$       3,052,500$        Operations & Maintenance 2,676,127         3,153,300         3,436,000          Capital Outlay 1,255,884         12,804,000       14,946,200        Debt Service/Loans 2,726,374         2,727,700         2,994,600          Transfers Out 2,529,193         2,730,800         3,136,500          Total Appropriations 11,670,677$     24,231,500$     27,565,800$      8,563,200$       7,945,000$        Beginning Balance Ending Balance Wastewater Fund Resources & Appropriations Page 30 of 46 245 Stormwater Fund FY23 Actual FY24 Projected FY25 Budget 1,932,300$       582,600$           Revenues & Other Resources Charges for Services 1,883,096$       2,093,800$       2,212,700$        Interest Income 41,202               59,800               59,800                Miscellaneous Revenue ‐                     12,400                ‐                      Debt Proceeds ‐                      ‐                     1,275,000          Transfers In 190,784              ‐                      ‐                      Total Revenues 2,115,082$       2,166,000$       3,547,500$        Appropriations Salaries & Benefits 848,624$          835,300$          881,300$           Operations & Maintenance 172,337             349,800             223,100              Capital Outlay 373,669             1,697,600         1,055,100          Debt Service/Loans 115,475             116,400             116,200              Transfers Out 484,548             516,600             666,100              Total Appropriations 1,994,653$       3,515,700$       2,941,800$        582,600$          1,188,300$        Beginning Balance Ending Balance Stormwater Fund Resources & Appropriations Page 31 of 46 246 Solid Waste Fund FY23 Actual FY24 Projected FY25 Budget 307,600$          155,600$           Revenues & Other Resources Special Assessments 94$                    100$                  100$                   Intergovernmental ‐                     1,451,800         153,900              Charges for Services 5,872,630         6,636,500         8,026,500          Interest Income 4,602                 2,900                 2,900                  Miscellaneous Revenue 33,285               69,300               44,000                Debt Proceeds ‐                      ‐                     1,941,100          Interfund Loan Proceeds ‐                      ‐                     1,186,900          Transfers In ‐                     894,100              ‐                      Total Revenues 5,910,612$       9,054,700$       11,355,400$      Appropriations Salaries & Benefits 1,903,368$       2,152,500$       2,523,400$        Operations & Maintenance 2,817,307         3,184,800         3,469,100          Capital Outlay 279,311             2,372,300         1,903,000          Transfers Out 1,033,892         1,497,100         3,131,400          Total Appropriations 6,033,877$       9,206,700$       11,026,900$      155,600$          484,100$           Landfill Post‐Closure Fund FY23 Actual FY24 Projected FY25 Budget 240,400$           ‐$                    Revenues & Other Resources Interest Income 3,896$                ‐$                    ‐$                    Transfers In 295,000             457,800             272,100              Total Revenues 298,896$          457,800$          272,100$           Appropriations Operations & Maintenance 1,673,602$       288,200$          272,100$           Capital Outlay ‐                     410,000              ‐                      Total Appropriations 1,673,602$       698,200$          272,100$           ‐$                    ‐$                    Beginning Balance Ending Balance Solid Waste Funds Resources & Appropriations Beginning Balance Ending Balance Page 32 of 46 247 Parking Fund FY23 Actual FY24 Projected FY25 Budget 1,950,300$       1,375,100$        Revenues & Other Resources Licenses & Permits 665,191$          731,600$          753,500$           Charges for Services (35,567)              1,100                 1,100                  Fines & Forfeitures 338,418             351,300             361,800              Interest Income 43,718               58,800               58,800                Miscellaneous Revenue (2,358)                8,000                 3,000                  Total Revenues 1,009,402$       1,150,800$       1,178,200$        Appropriations Salaries & Benefits 503,476$          495,700$          651,800$           Operations & Maintenance 527,868             668,500             609,700              Capital Outlay 119,230             430,000             97,000                Transfers Out 127,499             131,800             223,200              Total Appropriations 1,278,072$       1,726,000$       1,581,700$        1,375,100$       971,600$           Beginning Balance Ending Balance Parking Fund Resources & Appropriations Page 33 of 46 248 Health‐Medical Insurance ISF FY23 Actual FY24 Projected FY25 Budget ‐$                    ‐$                    Revenues & Other Resources Charges for Services 5,957,109$       6,669,200$       7,036,000$        Interest Income 234                    400                    400                     Miscellaneous Revenue 17,659               43,000               45,000                Total Revenues 5,975,002$       6,712,600$       7,081,400$        Appropriations Operations & Maintenance 5,920,760$       6,712,600$       7,081,400$        Total Appropriations 5,920,760$       6,712,600$       7,081,400$        ‐$                    ‐$                    Beginning Balance Ending Balance Health‐Medical Insurance Internal Service Fund Resources & Appropriations Page 34 of 46 249 Public Works Administration FY23 Actual FY24 Projected FY25 Budget 3,104,100$       2,396,000$        Revenues & Other Resources Licenses & Permits 7,675$               12,000$             12,000$              Intergovernmental ‐                     20,000                ‐                      Interest Income 77,836               184,200             184,200              Miscellaneous Revenue 41,602               26,400                ‐                      Internal Charges 5,660,363         5,287,300         6,837,400          Transfers In ‐                     227,600             345,600              Total Revenues 5,787,476$       5,757,500$       7,379,200$        Appropriations Salaries & Benefits 4,076,115$       4,092,000$       4,873,500$        Operations & Maintenance 1,044,149         1,382,600         1,582,300          Capital Outlay 125,690             195,000              ‐                      Debt Service/Loans 89,680               93,300               97,200                Transfers Out 627,029             702,700             1,884,900          Total Appropriations 5,962,664$       6,465,600$       8,437,900$        2,396,000$       1,337,300$        Beginning Balance Ending Balance Public Works Administration Internal Service Fund Resources & Appropriations Page 35 of 46 250 Vehicle Maintenance FY23 Actual FY24 Projected FY25 Budget (880,900)$         24,000$             Revenues & Other Resources Interest Income (13,185)$           (19,200)$           (19,200)$            Miscellaneous Revenue 12,513               10,000                ‐                      Internal Charges 2,130,913         3,370,000         2,651,100          Total Revenues 2,130,241$       3,360,800$       2,631,900$        Appropriations Salaries & Benefits 820,145$          945,000$          1,056,000$        Operations & Maintenance 1,281,133         1,116,800         1,195,500          Capital Outlay 51,258               120,000              ‐                      Transfers Out 211,794             274,100             399,600              Total Appropriations 2,364,331$       2,455,900$       2,651,100$        24,000$            4,800$                Beginning Balance Ending Balance Vehicle Maintenance Internal Service Fund Resources & Appropriations Page 36 of 46 251 Cemetery Perpetual Care FY23 Actual FY24 Projected FY25 Budget 1,816,000$       1,915,800$        Revenues & Other Resources Charges for Services 93,173$             79,800$             82,200$              Interest Income 38,710               20,000               20,000                Total Revenues 131,883$          99,800$            102,200$           1,915,800$       2,018,000$        Beginning Balance Ending Balance Cemetery Perpetual Care Permanent Fund Resources & Appropriations Page 37 of 46 252 Fund  FY25 Beginning  Fund Balance  FY25  Revenues FY25  Expenditures FY25 Ending Fund  Balance General Fund General Fund 15,336,100$         57,024,700$         58,663,400$         13,697,400$          Total General Fund 15,336,100$         57,024,700$         58,663,400$         13,697,400$          Special Revenue Funds American Rescue Plan ‐$                        ‐$                        ‐$                        ‐$                        Health‐Medical Insurance 486,400                2,701,300             3,187,700              ‐                          Gas Tax Fund ‐                          ‐                          ‐                          ‐                          Building Inspection Fund 1,019,300             4,949,000             4,851,900             1,116,400              Community Development/Planning 2,891,400             2,803,100             3,947,600             1,746,900              Community Housing Fund 1,780,600             1,013,700             3,290,000             (495,700)                Fire Department Equipment 651,400                1,033,000             1,228,000             456,400                 Fire Impact Fee 339,400                663,200                84,800                   917,800                 Parks & Trails District 2,793,100             7,435,500             9,034,100             1,194,500              Park Land Trust 2,231,700             852,300                543,800                2,540,200              Tree Maintenance District 476,400                1,000,700             1,112,900             364,200                 Street Arterial Construction District 3,560,000             5,466,300             4,616,100             4,410,200              Street Impact Fee 17,211,800           8,306,900             16,826,900           8,691,800              Street Maintenance District 3,616,500             12,324,100           13,702,700           2,237,900              MPO 417,500                577,100                596,400                398,200                 Department Special Revenue Funds 3,547,400             599,400                675,300                3,471,500              Lighting Districts 415,400                97,000                   512,400                 ‐                          Downtown Improvement District 5,600                     261,600                262,000                5,200                      Urban Renewal Districts 10,820,800           5,724,100             14,096,000           2,448,900              Total Special Revenue Funds 52,264,700$         55,808,300$         78,568,600$         29,504,400$          Debt Service Funds GO Bonds (330,000)$             4,139,000$           4,139,000$           (330,000)$              URD Bonds ‐                         745,900                745,900                 ‐                          Special Improvement Districts (SIDs) 1,810,700             578,200                270,900                2,118,000              SID Revolving Fund 623,100                 ‐                          ‐                         623,100                 Total Debt Service Funds 2,103,800$           5,463,100$           5,155,800$           2,411,100$            Construction Funds Capital Projects 2,396,200$           19,041,600$         19,000,400$         2,437,400$            Total Construction Funds 2,396,200$           19,041,600$         19,000,400$         2,437,400$            Enterprise Funds Water Fund 30,501,200$         21,176,900$         20,624,200$         31,053,900$          Wastewater Fund 8,563,200             26,947,600           27,565,800           7,945,000              Stormwater Fund 582,600                3,547,500             2,941,800             1,188,300              Solid Waste Fund 155,600                11,627,500           11,299,000           484,100                 Parking Fund 1,375,100             1,178,200             1,581,700             971,600                 Total Enterprise Funds 41,177,700$         64,477,700$         64,012,500$         41,642,900$          Internal Service Funds Health‐Medical Insurance ISF ‐$                       7,081,400$           7,081,400$            ‐$                        Public Works Administration 2,396,000             7,379,200             8,437,900             1,337,300              Vehicle Maintenance 24,000                   2,631,900             2,651,100             4,800                      Total Internal Service Funds 2,420,000$           17,092,500$         18,170,400$         1,342,100$            Permanent Funds Cemetery Perpetual Care 1,915,800$           102,200$               ‐$                       2,018,000$            Total Permanent Funds 1,915,800$           102,200$               ‐$                       2,018,000$            Total All Funds 117,614,300$       219,010,100$       243,571,100$       93,053,300$          FY25 Changes in Fund Balance Page 38 of 46 253 The FY2025‐29 CIP can be found on the Budget and Financial Reports webpage. Fund/Department Project # Project Name FY25 Budget General Fund/City Manager GF378 Records Request Software 50,000$             GF157 Senior Center Elevator 286,000             GF325 New Department Vehicle 75,000                GF343 New Department Vehicle 75,000                GF345 Vehicle Replacement 75,000                General Fund/IT GF080 City‐Wide Switches and Routers 60,000                GF052 Non‐Patrol Car Replacement 70,000                GF053 Patrol Vehicle ‐ Replacement 1,100,100          GF293 Non‐Patrol Car New 67,000                GF377 Police Tasers 28,100                GF231 Cemetery Irrigation Project 400,000             GF252 Cemetery Columbariums 60,000                GF334 SMCC Meeting Room Renovation 78,000                GF336 SMCC Office HVAC System 260,000             GF371 Beall Exterior Door Replacement 60,000                GF374 Pool Boiler 59,000                GF375 Gender Neutral Change Rooms 150,000             GF376 Locker Room Tile 213,000             General Fund/Neighborhood Services GF380 New Vehicle 45,000                GF245 Energy Projects 75,000                GF353 Electric Vehicle (EV) Stations 90,000                GF362 Solar Panel Arrays 232,600             General Fund Total 3,608,800$        The CIP includes a list of anticipated capital expenditures over the biennium as defined by any planned expenditure of  $25,000 or greater, that results in the acquisition of an asset with a useful life of 3 years or more. There are a couple of  “exceptions” or “extensions” of this definition that we have found helpful and necessary in past years:           ‐ Specific plans that involve pre‐engineering or preliminary design of facilities are often (but not always) included in  the CIP.           ‐ Software purchases that could potentially be “software as a service”. Cloud based services are beginning to replace  purchases of outright software and hardware. In the CIP, we have treated the software projects as a capital outlay  purchase.  State law and City charter require the City to prepare the CIP. State Law requires the City to maintain a Capital  Improvement Plan for our Development Impact Fee programs. Under Montana Code Annotated (MCA), this Capital  Improvement Plan provides the schedules and cost projections required under MCA §7‐6‐1602(2)(k)(i‐iv). In Article 5.06 of  the adopted City Charter, the City Manager is responsible for preparing and submitting a multi‐year capital program to the  City Commission no later than December 15 for the ensuing fiscal year. The latest CIP Plan was adopted by the City  Commission on December 12, 2023. The five‐year plan includes long‐range plans for our current facilities while keeping in mind level of service standards. In a  community with relatively high cost of living, the ability of citizens to afford the needed utility rate, fee, and assessment  levels is of concern. At the same time, the City strives to keep existing facilities properly maintained — and not pass  deferred maintenance costs and problems on to future generations.  Once adopted, the Capital Improvements Plan became the basis of the budget for the 2025 Biennium Recommended  Budget. The City will continue to invest in capital infrastructure in order to keep Bozeman a vibrant and active city. We are  a resilient, enterprising, and creative community. The 2025‐2029 CIP is a plan to provide efficient and effective services,  and to achieve the Commission’s vision and priorities set out in the Strategic Plan for the City of Bozeman. FY25 Capital Plan General Fund/Facilities General Fund/Police General Fund/Cemetery General Fund/Recreation General Fund/Sustainability Page 39 of 46 254 Fund/Department Project # Project Name FY25 Budget Planning Fund CD09 Community Development Printer 13,000$             Planning Fund Total 13,000$             STR20 Annual Multimodal Improvements 104,000$           STR22 Streets Operations Grader Lease 220,000             STR30 Annual Median & Boulevard 88,400                STR34 Sweepers 131,000             STR49 Sanders Street Department 40,000                STR71 Street Improvements Mill and Overlay 1,040,400          STR75 Annual Pedestrian Ramp Repair 115,000             STR90 Streets Chip Seal3 780,200             STR103 HAWK Signal at Gallatin High 150,000             STR106 Asphalt Roller 155,000             STR107 Pavement Marking Striper 37,000                STR109 Sidewalk Utility Vehicle 70,000                STR110 Portable Emulsion Tank 58,000                STR112 Spray Patch Truck 310,000             STR123 Light Duty Fleet Addition 80,000                STR126 Loader 250,000             STR127 Patch Truck 310,000             STR128 Skid Steer with Asphalt Mill 130,000             STR135 Diesel Fuel Tank & Kiosk 32,000                STR144 Replace Mini Loader 100,000             STR155 Flanders Mill Shared Use 44,900                Street Maintenance Fund Total 4,245,900$        Tree Maintenance Fund FOR18 Forestry Half‐Ton Pickup 52,000$             Tree Maintenance Fund Total 52,000$             SIF114 Fowler Avenue Connection (Huffine to Oak) 5,463,600$        SIF118 Babcock: 15th to 19th 1,967,700          SIF149 Babcock: 11th to 15th 325,700             SIF152 N 27th: Baxter to Cattail 8,611,200          Street Impact Fee Fund Total 16,368,200$     BI06 Building Vehicle 52,000$             CD09 Community Development Printer 13,000                Building Inspection Fund Total 65,000$             A&C007 Shared Use Path: Valley Center Infill Sections 135,200$           A&C015 Grade Separated Crossing Study 100,000             SIF118 Babcock: 15th to 19th 282,900             SIF145 Kagy/Sourdough Intersection Improvements 85,000                SIF149 Babcock: 11th to 15th 217,200             SIF152 N 27th: Baxter to Cattail 2,828,800          SIF157 College: 8th to 11th 660,400             SIF188 Oak St Intersections 150,000             Arterial & Collector Fund Total 4,459,500$        FE12 Personal Protective Equipment 54,000$             FE18 Light Duty Vehicles 230,000             FE26 Data Analytics Software 80,000                FE27 Back‐Up Engine Refurb 70,000                Fire Capital & Equipment Fund Total 434,000$           Street Maintenance Fund Street Impact Fee Fund Building Inspection Fund Arterial & Collector Fund Fire Capital & Equipment Fund Page 40 of 46 255 Fund/Department Project # Project Name FY25 Budget PTD01 Large Deck Mower 85,000$             PTD02 Parks Restroom Upgrades 275,000             PTD03 Playground/Skate Park Improvements 200,000             PTD04 Park Vehicles 180,000             PTD06 Park Shelter Replacement 50,000                PTD08 Bridge Replacements 350,000             PTD09 Deferred Maintenance 200,000             PTD12 Parks Shop Complex 120,000             PTD17 Tennis Court Resurfacing 40,000                PTD19 Multipurpose Utility/Snow Machine 140,000             Parks & Trails District Fund Total 1,640,000$        Park Improvements (Soroptimist/NBPP) 10,000$             Alley Improvements 50,000                Utility Infrastructure Improvements 350,000             Wayfinding & Parking Signage 15,000                Alternative Transportation Projects 40,000                Tree Replacement Project (Streetscape Imp. in FY24) 50,000                Street Furniture/Streetscape Improvements & Furniture 25,000                Intersection Cable Anchor Repairs 10,000                Parklet Infrastructure 20,000                Streetlamp Power Reconfiguration Project (SILD) 100,000             Streetscape Assistance Grant Program 50,000                Life‐Safety Grant Program 30,000                Fiber‐Broadband Infrastructure Grants 10,000                Art Enhancement/CPTED Grant Program 20,000                Downtown TIFD Fund Total 780,000$           GF355 Fire Station 4 18,000,000$     SCR01 Curb Spot Repair 114,400             SCR26 Bogert Place Church to Story 468,000             LIB32 New Carpet Public Area 262,000             GF305 Shops Complex 156,000             Construction Funds Total 19,000,400$     W03 Annual Water Pipe Replacement Program 33,000$             W04 Water Pipe Replacement Program 1,586,000          W79 Hyalite Dam & Reservoir Operations 208,000             W87 Lyman Tank & Transmission Main 2,916,900          W98 Replace 1 Ton Truck 90,000                W100 Replace #3605 GMC Canyon 46,800                W105 Replace Backhoe 165,800             W115 Hyalite Intake Rehab 104,000             W147 New Heavy Trailer with Air Brakes 35,000                W150 Integrated Water Resources Plan (IWRP) Update 400,000             W155 Discovery Drive 8‐Inch Water Main 494,000             WIF56 Blackwood Groves Water Main 104,000             WIF57 NW Crossing Water Main Oversizing 251,200             WIF69 Turnrow Subdivision Water Main and PRV Oversizing 260,000             Water Fund Total 6,694,700$        Water Fund Downtown TIFD Fund Construction Funds Parks & Trails District Fund Page 41 of 46 256 Fund/Department Project # Project Name FY25 Budget WW07 Annual Wastewater Pipe Replacement Design 33,000$             WW08 Wastewater Pipe Replacement 1,430,000          WW09 Annual 6‐Inch Wastewater Pipe Replacement 650,000             WW69 Small Works Projects 156,000             WW103 Replace Dump Truck 3415 229,100             WW105 Replace Vactor 600,000             WW112 E Gallatin River Data Collection 63,000                WW123 Replace Generator 30,000                WW133 Riverside Lift Station 520,000             WW134 Valley Center Lift Station 2,288,000          WW129 WRF Base Hydraulic Phase 8,122,400          WWIF52 Blackwood Groves Sewer 104,000             WWIF53 Cottonwood Rd Sewer Capacity 312,000             WWIF54 Northwest Crossing Sewer Oversizing 263,100             WWIF58 Fowler Sewer Upgrade 145,600             Wastewater Fund Total 14,946,200$     SW50 Side Load Truck 425,000$           SW51 Sideload Garbage Truck 425,000             SW58 Roll Off Truck 250,000             SW59 Rate Study 70,000                SW60 Sideload Garbage Truck 425,000             SW63 Front Load Truck 378,000             Solid Waste Funds Total 1,973,000$        P033 Enforcement Vehicle Replacement 52,000$             P035 New Vehicle 45,000                Parking Fund Total 97,000$             STDM02 Manley Ditch Rehab 520,000$           STDM04 Historic Pipe Replacement Program 156,000             STDM05 Annual Unplanned Pipe Rehabilitation 54,100                STOP04 Pipe Inspection Van 325,000             Stormwater Fund Total 1,055,100$        PK1818 Accessibility Enhancements 100,000$           PK1819 Park Shelters/Shade 50,000                Park Land Trust Fund Total 150,000$           Total Capital Projects for All Funds 75,582,800$     Stormwater Fund Park Land Trust Fund Wastewater Fund Solid Waste Funds Parking Fund Page 42 of 46 257 Fund Name of Issue Type of Debt Issued Maturity Years Borrowed  Outstanding  Principal Balance 6/30/2024  Principal Amount Due FY25*  Interest Amount Due FY25  Principal Balance 6/30/2025 General FundSports Park/Bronken Intercap Loan #2810‐01 Intercap Loans Payable 2018 8/15/2029 10 $          314,559  $          185,860  $          185,860  $            31,315 12,000$            154,545$           $          314,559  $          185,860  $          185,860  $            31,315 12,000$            154,545$          Street Maintenance Fund(2) 2022 CAT 150‐15AWD Motor Graders #4478 & 4479 Capital Leases Feb‐23 Feb‐28 5 $          584,900  $          531,559  $          531,559  $            54,359 37,524$            477,200$          2022 Elgin Broom Bear Sweeper #4481 Capital Leases Apr‐23 Apr‐27 4             216,543               167,490               167,490                 52,296 11,074               115,194            2023 Ford Transit Cargo Van #4510 Capital Leases May‐23 May‐25 3               31,602                 16,415                 16,415                 16,415 1,328                  ‐                     2023 Elgin Broom Bear Sweeper #4559 Capital Leases Nov‐23 Nov‐27 4             295,706               229,639               229,639                 51,689 16,172               177,950            (2) 2023 CAT 140‐15AWD Motor Graders #4574 & 4575 Capital Leases Feb‐24 May‐29 6             616,206               536,427               536,427                 71,778 8,001                 464,650            Replace/Upgrade Street Lights Loan #2593‐01 & 2593‐02 Intercap Loans Payable 2015 8/15/2030 15             197,748                 95,950                 95,950                 14,261 6,200                 81,690                $          197,748  $            95,950  $            95,950  $            14,261 6,200$              81,690$            Parks & Trails District FundSports Park Loan Notes Payable 6/15/2018 6/30/2039 20 $      1,700,000  $      1,434,218  $      1,434,218  $            72,902 52,893$            1,361,316$        $      1,700,000  $      1,434,218  $      1,434,218  $            72,902 52,893$            1,361,316$      GO BondsGO TOP Bonds, Series 2013 GO Bonds 12/23/2013 7/1/2034 20 $      9,900,000  $      5,795,000  $      5,795,000  $          490,000 224,300$          5,305,000$       GO TOP Bonds, Series 2014 GO Bonds 12/9/2014 7/1/2035 20          5,100,000            3,235,000            3,235,000               245,000 125,725            2,990,000         GO BPSC Bonds, Series 2019 GO Bonds 9/18/2019 7/1/2039 20       34,405,000         28,130,000         28,130,000            1,425,000 946,050            26,705,000       GO FS2 Bonds, Series 2022 GO Bonds 6/30/2022 7/1/2042 20          6,730,000            6,305,000            6,305,000               230,000 277,600            6,075,000         GO Rec Improvement Bonds, Series 2024A GO Bonds 5/16/2024 7/1/2044 20          2,280,000            2,280,000            2,280,000                 60,000 113,498            2,220,000         Limited Tax GO Bonds, Series 2024B GO Bonds 5/16/2024 7/1/2043 19          3,930,000            3,930,000            3,930,000                 95,000 190,913            3,835,000          $    62,345,000  $    49,675,000  $    49,675,000  $      2,545,000 1,878,086$      47,130,000$    URD BondsDowntown Revenue Refunding Bonds, Series 2020 (Refunds Series 2007 Bonds) TIF Revenue Bonds 3/5/2020 7/1/2032 12 $      3,689,000  $      2,389,000  $      2,389,000  $          277,000 58,292$            2,112,000$       Northeast URD Revenue Bonds, Series 2017 TIF Revenue Bonds 2017 7/1/2042 25          1,446,000            1,142,366            1,142,366                 45,401 46,599               1,096,965         Midtown Revenue Bonds, Series 2020 TIF Revenue Bonds 7/9/2020 7/1/2044 24          6,325,000            5,770,000            5,770,000               195,000 215,550            5,575,000          $    11,460,000  $      9,301,366  $      9,301,366  $          517,401 320,441$          8,783,965$      Special Improvement Districts (SIDs)SID 747_Manley Road Bonds, Series 2020 SID Bond Debt 8/14/2020 7/1/2040 20 $      4,001,000  $      3,167,568  $      3,167,568  $          171,541 99,219$            2,996,026$        $      4,001,000  $      3,167,568  $      3,167,568  $          171,541 99,219$            2,996,026$      Water FundState Revolving Fund Revenue Bond_12247_Series 2011A Revenue Bond 9/30/2011 1/1/2032 20 10,000,000$    4,483,000$       4,483,000$       542,000$          130,455$          3,941,000$       State Revolving Fund Revenue Bond_13291_Series 2011B Revenue Bond 6/12/2013 1/1/2033 20 9,552,000         4,771,000         4,771,000         501,000            139,395            4,270,000         State Revolving Fund Revenue Bond_17386_Series 2017 Revenue Bond 5/17/2017 7/1/2037 20 7,573,000         5,339,000         5,339,000         352,000            131,288            4,987,000         27,125,000$    14,593,000$    14,593,000$    1,395,000$      401,138$          13,198,000$    Wastewater FundState Revolving Revenue Bond_10252_Series 2010B Revenue Bond 2/10/2010 1/1/2030 20 359,300$          111,000$          111,000$          20,000$            1,855$               91,000$            State Revolving Revenue Bond_10230_Series 2010D Revenue Bond 2/25/2010 1/1/2030 20 9,500,000         3,233,000         3,233,000         550,000            92,895               2,683,000         State Revolving Revenue Bond_10262_Series 2010F Revenue Bond 6/10/2010 7/1/2030 20 729,000            300,000            300,000            46,000               8,655                 254,000            State Revolving Revenue Bond_11291_Series 2010C Revenue Bond 8/21/2013 1/1/2031 17.5 885,081            383,000            383,000            54,000               11,085               329,000            State Revolving Revenue Bond_11292_Series 2010G Revenue Bond 4/27/2011 1/1/2031 20 3,903,000         1,195,000         1,195,000         166,000            34,620               1,029,000         State Revolving Revenue Bond_11281_Series 2010H Revenue Bond 8/21/2013 1/1/2031 17.5 8,692,000         3,766,000         3,766,000         534,000            109,005            3,232,000         State Revolving Revenue Bond_21490_Series 2020D_Front Street Interceptor Revenue Bond 8/12/2020 7/1/2040 20 2,807,000         2,351,000         2,351,000         121,000            58,025               2,230,000         State Revolving Revenue Bond_21487_Series 2020b_Davis/Norton B Revenue Bond 7/22/2020 7/1/2040 20 7,786,000         6,522,000         6,522,000         336,000            160,963            6,186,000         State Revolving Revenue Bond_21506_Series 2020C_Davis/Norton C Revenue Bond 4/21/2021 1/1/2041 20 6,693,321         5,727,000         5,727,000         284,000            141,413            5,443,000         State Revolving Revenue Bond_21486_Series 2020A_Davis/Norton C_Forgivable Revenue Bond 7/22/2020 7/1/2040 N/A 300,000            300,000            300,000             ‐                      ‐                     300,000            41,654,702$    23,888,000$    23,888,000$    2,111,000$      618,515$          21,777,000$    Stormwater FundState Revolving Fund Revenue Bond_15373_Series 2015_DNRC Landfill Bonds Revenue Bond 6/29/2015 7/1/2035 20 1,815,000$       1,109,000$       1,109,000$       89,000$            27,175$            1,020,000$       1,815,000$      1,109,000$      1,109,000$      89,000$            27,175$            1,020,000$      *Due to rounding, estimated numbers may not add up precisely with totals provided and/or other budget figures in this document. General Issuance InformationBudget Year ActivityFY25 Current DebtX38A0TPage 43 of 46258 Fiscal Year Principal Interest Principal Interest Principal Interest* Principal Interest Principal Interest Principal Interest Principal Interest Principal Interest2025 2,545,000$    1,878,086$    3,595,000$    1,046,828$    45,576$          15,592$          72,902$          52,893$          517,401$        320,441$        171,541$        99,219$          246,537$        74,099$          7,193,957$    3,487,157$    2026 2,670,000      1,745,963      3,696,000      944,410          46,820            12,909            75,579            50,216            531,215          304,068          177,031          93,730            241,974          60,918            7,438,619      3,212,213      2027 2,780,000      1,637,338      3,805,000      1,209,090      48,101            10,198            78,432            47,363            545,171          287,104          182,696          88,064            254,722          48,070            7,694,123      3,327,228      2028 2,890,000      1,522,838      3,914,000      1,110,613      49,423            7,422              81,332            44,463            564,152          269,745          188,543          82,218            495,164          36,039            8,182,613      3,073,336      2029 3,015,000      1,402,438      4,025,000      1,008,048      50,784            4,567              84,522            41,273            586,381          251,566          194,577          76,184            243,134          3,746              8,199,397      2,787,822      2030 3,135,000      1,276,788      3,809,000      504,286          33,450            1,615              87,653            38,142            598,537          232,817          200,803          69,957             ‐                    ‐                   7,864,445      2,123,604      2031 3,275,000      1,146,088      3,068,000      401,405          7,657              218                  90,962            34,833            619,838          209,734          207,230          63,531             ‐                    ‐                   7,268,687      1,855,809      2032 3,415,000      1,009,488      2,355,000      322,460           ‐                    ‐                   94,354            31,441            641,190          199,862          213,861          56,896             ‐                    ‐                   6,719,406      1,620,147      2033 3,550,000      866,988          1,756,000      263,470           ‐                    ‐                   97,998            27,797            327,768          172,982          220,705          50,055             ‐                    ‐                   5,952,472      1,381,291      2034 3,695,000      718,838          1,480,000      222,475           ‐                    ‐                   101,657          24,138            340,326          159,824          227,768          42,992             ‐                    ‐                   5,844,752      1,168,266      2035 3,135,000      569,938          1,515,000      185,263           ‐                    ‐                   105,495          20,300            358,032          146,118          235,057          35,703             ‐                    ‐                   5,348,584      957,321          2036 2,855,000      480,313          1,437,000      147,875           ‐                    ‐                   109,456          16,339            370,822          131,728          242,580          28,181             ‐                    ‐                   5,014,858      804,435          2037 730,000          399,931          1,473,000      111,725           ‐                    ‐                   113,628          12,167            383,810          116,740          250,343          20,418             ‐                    ‐                   2,950,781      660,981          2038 755,000          319,175          1,024,000      77,688             ‐                    ‐                   117,899          7,896              401,841          101,309          258,354          12,406             ‐                    ‐                   2,557,094      518,474          2039 790,000          235,950          1,049,000      51,938             ‐                    ‐                   122,349          3,446              415,024          85,126            196,477          4,139               ‐                    ‐                   2,572,850      380,598          2040 940,000          146,600          1,079,000      25,550             ‐                    ‐                    ‐                    ‐                   433,327          68,423             ‐                    ‐                    ‐                    ‐                   2,452,327      240,573          2041 985,000          109,000          210,000          2,625               ‐                    ‐                    ‐                    ‐                   451,798          50,952             ‐                    ‐                    ‐                    ‐                   1,646,798      162,577          2042 1,020,000      69,600             ‐                    ‐                    ‐                    ‐                    ‐                    ‐                   436,575          36,415             ‐                    ‐                    ‐                    ‐                   1,456,575      106,015          2043 555,000          28,800             ‐                    ‐                    ‐                    ‐                    ‐                    ‐                   385,000          23,550             ‐                    ‐                    ‐                    ‐                   940,000          52,350            2044 165,000          6,600               ‐                    ‐                    ‐                    ‐                    ‐                    ‐                   400,000          12,000             ‐                    ‐                    ‐                    ‐                   565,000          18,600            Total 42,900,000$  15,570,755$  39,290,000$  7,635,746$    281,810$       52,521$          1,434,218$    452,705$       9,308,210$    3,180,503$    3,167,568$    823,694$       1,481,531$    222,872$       97,863,337$  27,938,796$  *Intercap Loans interest rates are variable. This schedule assumes the most recent interest rate of 5.75% each year.Future Debt SID Bond Debt TotalIntercap Loans PayableGO Bonds Revenue Bonds Notes Payable  TIF Revenue Bonds  Capital Leases X39A0TPage 44 of 46259 Full‐time Equivalent (FTE) FY23  Ending   FY24  Current  FY25 Adds  FY25  Budget Position Add Details General Government City Manager 8.00          9.00          3.00          12.00        Graphic Designer (1 FTE), Equity & Inclusion Prog. Coord. (1 FTE),  Records Coordinator (1 FTE) City Attorney 13.00        14.00        1.25          15.25        Assistant City Attorney (1 FTE), Legal Intern (0.25 FTE) Finance 8.25          10.25        2.00          12.25        Budget Analyst (2 FTE) Facilities Management 8.00          9.50          1.00          10.50        Facilities Works (1 FTE) Information Technology 9.00          10.00         ‐            10.00         Human Resources 6.00          6.00          1.00          7.00          HR Associate ‐ Recruitment (1 FTE) Planning 21.00        24.00         ‐            22.00         Municipal Court 12.25        12.25         ‐            12.25         Subtotal ‐ General Govt 85.50        95.00        8.25          101.25       Public Safety Police 83.30        88.80        7.00          95.80        Police Officer (3 FTE), Detective (1 FTE), Community Liaison (1 FTE),  Special Services Supervisor (1 FTE), Special Services Officer (1 FTE) Fire 48.00        51.00        1.00          52.00        Battalion Chief‐Support Service (1 FTE) Building Inspection 23.25        23.25        2.00          25.25        Assistant Building Official (1 FTE), Plans Examiner ‐ Fire (1 FTE) Parking 6.17          6.67          1.00          7.67          Parking Compliance Officer (1 FTE) Subtotal ‐ Public Safety 160.72      169.72      11.00        180.72       Public Works Public Works Administration 31.25        31.25        2.00          32.25        Engineering Technician (1 FTE), Engineer I/II ‐ Transportation (1  FTE) Street Maintenance 26.10        26.10        2.00          28.10        Streets Operator (2 FTE) Metropolitan Planning Org.‐             ‐            1.00          2.00          Planner I/II (1 FTE) Stormwater 8.75          8.75           ‐            8.75           Water 31.55        32.55        1.00          33.55        Engineer I/II (1 FTE) Wastewater 27.45        27.45         ‐            27.45         Solid Waste 21.40        21.40        1.00          22.40        Admin Assistant I (1 FTE) Vehicle Maintenance 9.50          9.50           ‐            9.50           Subtotal ‐ Public Works 156.00      157.00      7.00          164.00       Public Welfare Parks & Recreation 55.16        60.16        1.62          61.78        Assistant Parks & Rec Director (1 FTE), Rec Leader I Reclass (0.62  FTE) Library 26.87        26.87        1.25          28.12        Librarian I ‐ Collections (1.25 FTE) Neighborhood Services ‐             ‐             ‐            2.00           Economic Development 3.83          3.83           ‐            3.83           Sustainability 3.00          3.00           ‐            3.00           Subtotal ‐ Public Welfare 88.86        93.86        2.87          98.73         Total Employees 491.08      515.58      29.12        544.70       FTE Summary Page 45 of 46 260 FY24 Actual FY25 Budget Estimated FY25 Increase  ($) FY25 Increase  (%) Number of Mills 150.72 151.77 Home Value $100,000 203.47$          204.89$          1.42$               0.7% $300,000 610.42$          614.67$          4.25$               0.7% $600,000 1,220.83$       1,229.34$       8.51$               0.7% $652,100 1,326.84$       1,336.08$       9.24$               0.7% Estimated Annual Property Tax per Household Property Tax Increases Page 46 of 46 261 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Appointments to the Sustainability Board MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint four members to the Sustainability Board to terms ending December 31, 2025. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Sustainability Board has three positions available due to the expiration of term. The new terms expire December 31, 2026. The City Clerks Office posted the notice of positions online and ran a legal ad in the Bozeman Daily Chronicle. Applications were open and accepted until June 3, 2024. Three applications were received. An interview panel was held in conformance with Resolution 5323 consisting of the Staff Liaison, Jon Henderson, and the Commission Liaison, Deputy Mayor Cunningham. UNRESOLVED ISSUES:None ALTERNATIVES:As per Commission FISCAL EFFECTS:None Attachments: 06-01-24 - CAB Applications - Erin Jackson.pdf 05-31-24 - CAB Applications - Ali Moxley.pdf 05-13-24 - CAB Applications - Shelby Smith.pdf Report compiled on: August 31, 2023 262 WELCOME Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Erin Jackson * Residential Address 1110 N Spruce Dr Bozeman MT 59715 * Primary Phone (802) 734-7865 * Current Occupation PhD Student Researcher in Agroecology, Soil Science & Sustainable Food Systems * Employer Colorado State University, Foundation for Food and Agriculture Research * Email erinjackson19@gmail.com Which position are you applying for? Sustainability Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? I served on the Bozeman Climate Team during development of the Bozeman Climate Plan * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. My professional experiences align with my values of sustainability and community and will be an asset to the board. I led farm to school programs in Bozeman from 2012- 2020, served on GVLT's NextGen Board, studied climate and agriculture policy during my MS, and I consult for a corporate sustainability firm on projects related to science- based targets. My current focus in soil- and ag-based climate change mitigation and socioecological resilience research in MT makes me a well-informed candidate. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I have sought out numerous trainings and personal growth in DEI. I led a workshop "Intentionally incorporating equity in Farm to School Programs" at the Montana Farm to School Summit in partnership with the First Nations Development Institute. I am a member of the DEI committee for the Graduate Program in Ecology and am being intentional about furthering equity through my research through partnerships and participatory action research. I am committed to ensuring city efforts further equity. Page | 1 263 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Kareen Erbe * Phone (406) 600-7881 * Email kareen.erbe@gmail.com * Reference #2 Full Name Mary Stein * Phone (406) 570-8913 * Email mary.stein@montana.edu * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I've been interested in joining for a while and received an email stating the vacancy Is there any other information that you feel we need to know? I am incredibly committed to helping further sustainability in Bozeman. I've worked within many aspects of sustainability from the community to research to corporate level and bring skills and ideas and a desire to learn from others. I would love to contribute to the community as a member of the board and have a tangible impact in the community. I appreciate your consideration! If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406.582.3232 (TDD 406.582.2301). Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 264 WELCOME Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Ali Moxley * Residential Address 122 S 8th Avenue Bozeman MT 59715 * Primary Phone (678) 789-9522 * Current Occupation Grant Consultant/ Local Food Outreach Coordinator * Employer A.Moxley Consulting/ Hopa Mountain * Email a.moxley.consulting@gmail.com Which position are you applying for? Sustainability Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 6-10 years * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? I have been actively applying for and seeking out these opportunities. * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have been actively working in the sustainability field for many years with a focus on agriculture and food systems. I moved to Bozeman in 2018 and shortly after started graduate school at MSU studying sustainable food systems. I helped co-found a specialty cultivated mushroom farm here in Bozeman (SporeAttic). I have worked extensively with the Food and Agriculture Development Centers throughout the state. I have worked alongside organizations such as AERO and Grow MT. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I focus on resourcing rural and diverse populations throughout all levels of my professional work life. I regularly participate in DEI programming and trainings, such as the 21-Day Racial Equity Habit-Building Challenge. I recognize that sustainability involves access to resources for all and I have participate in policy-level work to increase sustainably produced, culturally appropriate, and healthy food options for limited resources folks in Bozeman and throughout the state. Page | 1 265 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Dr. Bonnie Sachatello-Sawyer * Phone (406) 581-0824 * Email bsawyer@hopamountain.org * Reference #2 Full Name Dr. Roland Ebel * Phone (406) 994-5640 * Email roland.ebel@montana.edu * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Email Is there any other information that you feel we need to know? I have been sitting in for the last few months for the Sustainability Advisory Board Meetings live and have reviewed minutes form the last year of meetings. I am very well acquainted with the Bozeman's Climate Plan and have been engaged and involved with the Preliminary Food System mapping project as an interviewee, attending presentations, and participating in follow up conversations with a new, local food policy organization. I would be happy to share a comprehensive CV/ resume. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406.582.3232 (TDD 406.582.2301). Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 266 WELCOME Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Shelby Smith * Residential Address 724 E Peach St Bozeman MT 59715 * Primary Phone (925) 381-4342 * Current Occupation Agricultural Value Chains Sustainability Consultant * Employer South Pole * Email sesmittee@gmail.com Which position are you applying for? Sustainability Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 1-5 years * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I am eager to join the Sustainability Board, leveraging my background in environmental science and commitment to sustainability policy. My career intersects sustainable agriculture and water management; I consult global agricultural supply chains on decarbonization and water stewardship. I hold a Master’s degree in Water Resources Management and Env. Policy. I believe group and policy-level decisions on sustainability are crucial for combatting climate change, hence my interest in the Board. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I value diversity, equity, and inclusion (DEI), actively seeking opportunities to collaborate with individuals from diverse backgrounds. These interactions broaden my perspective, fostering inclusive problem-solving. I'm committed to environmental justice, ensuring marginalized communities are included in decision-making. References Page | 1 267 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Phillip Cory * Phone (650) 814-9202 * Email p.cory@southpole.com * Reference #2 Full Name Chandler Dayton * Phone (406) 577-6930 * Email chandlerdayton@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? City of Bozeman email list Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406.582.3232 (TDD 406.582.2301). Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 268 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Associate Planner Erin George, Interim Director of Community Development SUBJECT:Appointments to the Historic Preservation Advisory Board MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to appoint two members to the Historic Preservation Advisory Board to the professional designation, two at-large positions with a terms expiring June 30, 2026. AND I move to appoint [INSERT NAMES] as Chair and Vice-Chair. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Bozeman Historic Preservation Advisory Board was created under Chapter 2, Article 5, and Division 6 of the Bozeman Municipal Code. This chapter is designed as a measure to establish a local historic preservation program designed to promote the preservation of historic and prehistoric sites, structures, objects, buildings, and historic districts by addressing historic preservation issues at the local level and integrating them into local, state, and federal planning and decision-making processes. The historic preservation program includes identification, evaluation, and protection of historic resources within the city (Ordinance No. 1180, Section 2, 1985). The Bozeman Historic Preservation Advisory Board shall serve in an advisory capacity to the City Commission and other staff members or boards seeking advice on historic preservation issues (Ordinance No. 1454, Section 2, 1998; Ordinance No. 1180, Section 3, 1985). Members are appointed to staggered two-year terms comprised of up to seven members per Ordinance 1927 via any combination of the following: 1. At least three members shall meet the Secretary of the Interior's Professional Qualification Standards in the disciplines of history, planning, archaeology, architecture, architectural history, historic archaeology, or other historic preservation-related disciplines such as cultural geography or 269 cultural anthropology. 2. At least one member shall be an architect holding state or NCARB registration. Retired professionals shall be given consideration equal to that of practicing professionals. Residency within the city shall not be a prerequisite for membership as a professional representative. 3. At least one member shall live in or own property in a Bozeman historic district, on file at the city planning office. A member may be chosen from a locally or nationally designed district. 4. At least four members shall be at-large representatives who reside or own property within the city limits. This board currently has four vacancies due to term expirations. The City Clerk’s Office has received five applications, with their relevant qualifications indicated below: Two Professional Designation positions with terms expiring June 30, 2026: Qualifies: A. Brekke, C. Holling Two At-large positions with terms expiring June 30, 2026: Qualifies: A. Brekke, C. Holling, L. Semones, A. Webster Applicants: Allyson Brekke Chelsea Holling Linda Semones Andrew Webster Bozeman Historic Preservation Advisory Board appointments are Commission appointments. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:None Attachments: 03-12-24 - CAB Applications - Allyson Brekke.pdf 03-12-24 - CAB Applications - Chelsea Holling.pdf 03-12-24 - CAB Applications - Savannah Apedaile.pdf 03-12-24 - CAB Applications - Linda Semones.pdf 01-31-24 - CAB Applications - Andrew Webster.pdf Report compiled on: June 12, 2024 270 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Allyson Brekke * Residential Address 1002 Mountain Ash Avenue Bozeman MT 59718 * Primary Phone (406) 579-5525 * Current Occupation Local Government Consultant - Manager * Employer Matrix Consulting Group * Email allycaroline@gmail.com Which position are you applying for? Historic Preservation Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Bozeman HPAB since October 2022 (current member) * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. B.A. in Historic preservation, Served as the City's Historic Preservation Planner, worked at the City of Bozeman for 13 years, professional planner with AICP certification * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. Received DEI training in the Northwest Women's Leadership Academy (graduate in 2019) References Page | 1 271 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Bonnie Martin * Phone (406) 539-8650 * Email martin6217@gmail.com * Reference #2 Full Name Ben Lloyd * Phone (406) 581-4383 * Email blloyd@henneberyeddy.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Current Bozeman HPAB member Is there any other information that you feel we need to know? I would love the opportunity to continue the great work the Bozeman HPAB is doing for the community. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 272 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Chelsea Holling * Residential Address 1401 Idaho St. A Belgrade MT 59714 * Primary Phone (406) 465-3281 * Current Occupation Historic Preservation Design Professional * Employer Cushing Terrell * Email chelseaholling@cushingterrell.com Which position are you applying for? Historic Preservation Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) No How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Bozeman Historic Advisory Board, 7+ years * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have worked in the architectural field for over 10 year, the last 8 have been as a Historic Preservation Design Professional at Cushing Terrell, prior to that I worked at the MT SHPO. I have served on this board for the past 7+ years and I would love to continue to serve on this board and continue to move our projects forward! * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. We have yearly training at my employer for DEI-related training. References Page | 1 273 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Melissa Lord * Phone (406) 600-7550 * Email melissapope013@gmail.com * Reference #2 Full Name Dan Rister * Phone (480) 223-3911 * Email danrister@cushingterrell.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? My term is coming up Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 274 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Savannah Apedaile * Residential Address 313 Butler Creek Avenue Belgrade MT 59714 * Primary Phone (406) 218-6803 * Current Occupation Historian * Employer Self * Email savannahapedaile@gmail.com Which position are you applying for? Historic Preservation Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) No How long have you lived in the Bozeman Area? 6-10 years * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? I currently chair HPAB. I've been on the board since 2020. * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I've chaired this board since 2020. I have my M.A. in history and have worked in the field for six years. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. On-going equity training References Page | 1 275 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Sarah Rosenburg * Phone (406) 582-2297 * Email srosenberg@bozeman.net * Reference #2 Full Name Mary Murphy * Phone (406) 551-3693 * Email mmurphy@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? **SKIPPED** Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 276 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Linda Semones * Residential Address 404 S Church Ave Bozeman MT 59715-4817 * Primary Phone (406) 599-3916 * Current Occupation Retired Spanish teacher * Employer N/A * Email lindasemones@hotmail.com Which position are you applying for? Historic Preservation Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? HPAB in Bozeman for 2 years on the new board organization. I also served on INC for 4 years but no longer do. * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I joined this board with the goal of helping create a robust and community supported Historic Preservation Program. I would like to finish this work, with our Preservation Officer, the City Staff and our consultants. We have embarked on the creation of a Landmarks Program, and also are working on the Fred Willson multi-property Historic District. Our goals also include several possible additional landmark districts, additional professional inventory surveys, and a Heritage Tree Program. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I participated in the public comment gatherings for Bozeman's DEI program from the beginning. I fully support its goals. Having taught Spanish for 25 years plus, I understand the extreme economic and societal challenges that minorities face nationwide and in the Bozeman area as well. Page | 1 277 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Jane Jelinski * Phone (406) 587-8367 * Email jjjelinski@msn.com * Reference #2 Full Name Crystal Alegria * Phone (406) 220-2678 * Email crystal@extremehistoryproject.org * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I am currently on this board Is there any other information that you feel we need to know? I would be honored to be reappointed to this board. Doing the work required for this board has been not only educational and challenging, but also an enjoyable part of my life for 2 years. I so look forward to working with the other motivated people on this board to further historic preservation as well as community involvement and education. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 278 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Andrew Webster * Residential Address 880 North 15th Ave Bozeman MT 59715 * Primary Phone (651) 380-9011 * Current Occupation Retired / Handyman * Employer Self * Email andrew59715@gmail.com Which position are you applying for? **SKIPPED** Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Lake city, mn. 3 years + 3 years. Utility Board + Planning Commision * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. Retired from a career in domestic and international business. Prior non-profit, for-profit and government board and management experience. Returned Peace Corps Volunteer, Dominican Republic 1986-1988. Strong community and family ties in the community. Highest level of schooling - Masters of International Business Administration, University of St. Thomas, St. Paul MN 1995. Strong knowledge of Advisory Board responsibilities, and limitations. Strong history of tact, and teamwork. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. Peace Corps. Leader, Lake City downtown economic viability improvement project. Well traveled and strong experience in intercultural communications. References Page | 1 279 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Dr. Justin Eisel, MD * Phone (218) 428-4301 * Email jeisel@umn.edu * Reference #2 Full Name Shannon Bondy * Phone (406) 586-2421 * Email shannon@bozemanseniorcenter.org * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? There's usually vacancies Is there any other information that you feel we need to know? Thanks for your consideration. Please note, I did not select a board, as the Community Development Board was not listed, but on the website it indicated there was a vacancy. My second preference would be the Economic Vitality Board. And my third preference would be the Historic Preservation Board. Additionally, if an individual can serve on more than one board, I would consider serving on one of the first two listed, as well as the Historic Preservation Board. Thank you, Andrew Webster If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 280 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Downtown Bozeman Partnership Alex Newby, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Appointments to the Downtown Urban Renewal District Board MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to appoint three Voting Mayoral Appointment, term expiring June 30, 2028 and one Voting Mayoral Appointment, term expiring June 30, 2026 to the Downtown Urban Renewal District Board. AND I move to designate [INSERT NAME] as the Vice-chair of the Downtown Urban Renewal District Board. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Downtown Urban Renewal District Board has three vacant, voting Mayoral Appointments due to term expiration and one voting Mayoral Appointment that is currently held by the Chair of the Board due to resignation. The City Clerks' Office posted the notice of positions online and ran a legal ad in the Bozeman Daily Chronicle. Applications were open and accepted until June 3, 2024. We received six applications for the posted vacancies. An interview with the applicants was held by Mayor Cunningham. The role of Vice-chair will also need to be designated. Mayor Cunningham is the Commission Liaison to this board. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commissioner. FISCAL EFFECTS:None Attachments: 281 06-03-24 - CAB Applications - Nicholas Wickes.pdf 06-02-24 - CAB Applications - Matthew Paine.pdf 05-30-24 - CAB Applications - John How.pdf 05-09-24 - CAB Applications - Carlos de Onis.pdf 04-30-24 - CAB Applications - Tony Renslow.pdf 02-28-24 - CAB Applications - Marley McKenna.pdf Report compiled on: June 12, 2024 282 WELCOME Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Nicholas Wickes * Residential Address 4892 Alpha Drive Bozeman MT 59771 * Primary Phone (415) 378-8529 * Current Occupation CEO * Employer Check This Out * Email baarstool@yahoo.com Which position are you applying for? Downtown Urban Renewal District Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Bozeman, 1 year, Downtown Urban Renewal District Board * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. My qualifications include: Current -Board President, Feast Raw Bar & Bistro Former -Board member, Bozeman Downtown Urban Renewal District -Board member (former President), Bozeman Public Library Foundation I have enjoyed various aspect of life in Bozeman from the culture to the business community, the drive for sound development and innovation to the splendor of the outdoors. As a transplant, now with 2 kids under 6, I've loved growing roots here and would be honored to serve on the URD Board * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. A diverse array of backgrounds and experiences are vital to the success and longevity of any organisation, including business I've owned and non-profits I've worked for. References Page | 1 283 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Susan Gregory * Phone (406) 582-2401 * Email sgregory@bozeman.net * Reference #2 Full Name Bill Stoddart * Phone (406) 579-0334 * Email bill@northforkfinancial.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Ellie Staley Is there any other information that you feel we need to know? None at this time. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406.582.3232 (TDD 406.582.2301). Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 284 WELCOME Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Matthew Paine * Residential Address 515 S. Black Ave. Bozeman MT 59715 * Primary Phone (406) 223-6198 * Current Occupation Business Owner * Employer Self * Email mnpaine@gmail.com Which position are you applying for? Downtown Urban Renewal District Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have been a citizen of this great community since 2008 and operated multiple businesses here since. I have employed hundreds of our fine citizens and built buildings that will stand for decades. I live, work, shop, and recreate in downtown Bozeman. I own multiple properties downtown and have worked with city staff from all departments for more than fifteen years. My experience and deep understanding of civil and commercial construction allows me to be a productive civil servant immediately. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. As an immigrant and a veteran, I take this subject seriously. I value diverse perspectives in my life and my business and attempt to surround myself and employ people that can add different viewpoints. All of my employees are currently women and I have always hired people of all walks of life, ethnicities, and gender identities. I aim to bring that attitude with me in my service to the citizens of Bozeman. Page | 1 285 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Marley McKenna * Phone (406) 544-9004 * Email marleymckenna1385@gmail.com * Reference #2 Full Name Tony Renslow * Phone (406) 581-3455 * Email tony@therenslowgroup.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Ellie Staley Is there any other information that you feel we need to know? I was a city of Bozeman employee from 2008 to 2010 at a Patrol Officer for the Police Department. I left to better serve my daughter as a single father. I consider integrity one my most important values and hope this board shares that ideal. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406.582.3232 (TDD 406.582.2301). Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 286 WELCOME Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name John How * Residential Address 1901 Chambers Drive Bozeman Montana 59715 * Primary Phone (406) 589-5335 * Current Occupation Associate Vice President of Facilities Management * Employer Montana State University * Email johnhow@gmail.com Which position are you applying for? Downtown Urban Renewal District Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I currently serve as the AVP for Facilities Management at MSU. My role includes managing campus facilities, infrastructure and grounds. I am a certified land and transportation planner (AICP). I also serve as the current system board chair for Bozeman Health. I believe my profession and personal experiences assessing risks, analyzing data, creating short- and long-range facility plans and dealing with growth issues at both MSU and Bozeman Health will make me a good fit for the board. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I have attended 3 training sessions related to DEI at MSU and recently completed a Moral Courage seminar at MSU that directly related to expressing diverse opinions and learning to be comfortable with uncomfortability as well as understanding that DEI is much more complex and nuanced with each individual. References Page | 1 287 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Terry Leist * Phone (406) 600-8386 * Email tleist@montana.edu * Reference #2 Full Name Kathryn Bertany * Phone (406) 414-1060 * Email kbertany@bozemanhealth.org * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Ellie Staley Is there any other information that you feel we need to know? I am excited to help downtown Bozeman address ongoing issues relating to our community's growth as well as ensuring our local businesses have options to consider at it relates to infrastructure upgrades. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406.582.3232 (TDD 406.582.2301). Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 288 289 290 WELCOME Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Tony Renslow * Residential Address 193 Candle Lane Bozeman MT 59715 * Primary Phone (406) 581-3455 * Current Occupation Real Estate Sales Person * Employer Independent Contractor with Berkshire Hathaway HomeServices Montana Properties * Email tony@therenslowgroup.com Which position are you applying for? Downtown Urban Renewal District Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Library Foundation Board (4+ years, no longer serving). Currently on the DURB board and am reapplying (4 years now, I believe).. * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. Personally, my wife & I have ownership of 2 properties within the Downtown B3 district. Professionally, my office is located Downtown and my main focus is Downtown real estate. Having lived in Bozeman since 1995, I feel as though I have a strong understanding of the community and specifically the Downtown B3 district. I'm highly involved and want Downtown, and the perimeter districts, to thrive in effort to keep Bozeman a unique & highly desirable place to live, work and play. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I would say my involvement with the Downtown Urban Renewal Board is the most direct effort I have currently been engaged with. Additionally, I believe staying engaged (indirectly and directly) with the city commission doings / issues and current on how the city is changing is the best way to increase my understanding. References Page | 1 291 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Craig Danenhauer * Phone (406) 581-9733 * Email craig.danenhauer@bhhsmt.com * Reference #2 Full Name Abby Hetherington * Phone (406) 570-4180 * Email abby@hetheringtoninteriors.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I'm currently a voting member and seeking to renewal my seat. Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406.582.3232 (TDD 406.582.2301). Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 292 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Marley McKenna * Residential Address 4572 Waters St. Bozeman MT 59718 * Primary Phone (406) 581-7611 * Current Occupation Commercial Realtor * Employer Self * Email marleymckenna1385@gmail.com Which position are you applying for? Downtown Urban Renewal District Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? DURD - current * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I currently sit on this board and believe that I bring an important expertise to the group as I work with both local businesses, developers, architects and property owners in the downtown core. I understand the importance of downtown continuing to sustain as the heart of this community and work thoughtfully toward this goal. I have also owned multiple businesses downtown and understand this perspective. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. Along with the DURD, I currently sit on the Bozeman Library Foundation and Prospera boards. I have also sat on the BridgerCare board and the Women's Business Center board. These are comprised by a diverse group of people both in board and in mission and outreach. Additionally, I am engaged in understanding local issues concerning sustainability, housing, family issues, education and our business community which puts me in touch with an extremely diverse group of community members. Page | 1 293 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Katie Adams * Phone (406) 581-7562 * Email katie.adams406@gmail.com * Reference #2 Full Name Suzi Berget-White * Phone (406) 570-1714 * Email suzi.white@ourbank.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I am a current board member Is there any other information that you feel we need to know? I would be glad to serve another term. It is challenging to fully understand an organization as a temporary board member and I feel that our current board is very motivated to be proactive and dig into important issues for the downtown. I think my knowledge would add to that value in a second term. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 294 Memorandum REPORT TO:City Commission FROM:Emily Cope, Downtown Bozeman Partnership Alex Newby, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Appointments to the Downtown Bozeman Business Improvement District Board MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to appoint two at-large members to the Downtown Bozeman Business Improvement Board for terms ending June 30, 2028. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Downtown Bozeman Business Improvement District has three positions available, two due to the expiration of terms and one due to a vacant position. Two of the new terms will end June 30, 2027 and the vacant position will expire June 30, 2024. The City Clerks' Office posted the notice of positions online and ran a legal ad in the Bozeman Daily Chronicle. Applications were open and accepted until November 17, 2023. Five applications were received. Two applications were received that did not meet the qualification of owning property within the BID District, Heather Ford and Rory Sandoval. An interview panel was held in conformance with Resolution 5323 consisting of the Staff Liaison, Emily Cope, Board Chair, Eric Bowman, and the Commission Liaison, Douglas Fischer. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None Attachments: 05-08-24 - CAB Applications - Mark Kehke.pdf 05-03-24 - CAB Applications - Susan Neubauer.pdf 295 Report compiled on: June 12, 2024 296 WELCOME Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Mark Kehke * Residential Address 127 River Keep Road Belgrade Montana 59714 * Primary Phone (406) 539-2795 * Current Occupation Investor * Employer Pacific Ventures Management * Email mkehke@pacv.com Which position are you applying for? Bozeman Downtown Business Improvement District Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) No How long have you lived in the Bozeman Area? 6-10 years * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Bozeman BID Board since January 2024 * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have been active in the City and Downtown issues for many years. I am a real estate investor and developer and care deeply about our Downtown. I have enjoyed my time on the BID Board and feel that I have started to make a meaningful contribution. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. When I was the Chairman of the Board of the Gallatin Valley Land Trust I also chaired our DEI outreach committee and learned much about DEI issues in Bozeman. References Page | 1 297 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Rob Pertzborn * Phone (406) 582-9899 * Email rpertzborn@intinsikarchitecture.com * Reference #2 Full Name Randy Scully * Phone (406) 586-8857 * Email randy@scullywestproperties.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Currently serving on the Board Is there any other information that you feel we need to know? We own the building at 23 East Main Street. Following our acquisition of the building we performed a complete restoration and addition to the building to expand and enhance the character and offerings in the downtown. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406.582.3232 (TDD 406.582.2301). Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 298 WELCOME Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Susan Neubauer * Residential Address 201 Lindley Place Bozeman MT 59715 * Primary Phone (406) 570-5784 * Current Occupation Restaurant Owner * Employer Fresco Cafe, Inc. * Email frescocafe317@gmail.com Which position are you applying for? Bozeman Downtown Business Improvement District Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? I've been serving on the BID for +/- 6 years? * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I own both a small business (Fresco Cafe) and the building it's housed in. The experience of buying and renovating this property and managing a thriving downtown Bozeman business give me the knowledge to be able to speak on behalf of the BID constituency accurately. I also live downtown and feel a strong sense of commitment to keeping downtown Bozeman a vibrant and happy place to live and work. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. Bozeman is a great example of a community trying to keep improving its diversity. I have worked with many organizations over the years to help empower people that may feel marginalized; helping with unhoused populations, working with women's organizations and with the City of Bozeman itself to work toward pay equity. References Page | 1 299 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Marjorie Seymour * Phone (406) 599-5477 * Email greatdayinmt@gmail.com * Reference #2 Full Name Heather Boynton * Phone (207) 660-5298 * Email boyntonheather0@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I am serving currently Is there any other information that you feel we need to know? **SKIPPED** If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406.582.3232 (TDD 406.582.2301). Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 300 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Appointment to the Gallatin County Water Quality District MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to appoint one member as the City Commission's designee and Mayor Cunningham as the Commission's voting member to the Gallatin County Water Quality District Board. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The City Commission designee position on the Gallatin Local Water Quality District Board is vacant. The Gallatin Local Water Quality District was created by Resolution No. 1995- 55 of the Gallatin County Commission, and approved by the Montana Board of Environmental Review in 1997. The focus of the Gallatin Local Water Quality District is water resources education and water quality monitoring for increased awareness of water-related issues and public health. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per Commission FISCAL EFFECTS:None Attachments: 05-27-24 - CAB Applications - Valerie Wyman.pdf Report compiled on: June 12, 2024 301 WELCOME Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Valerie Wyman * Residential Address 710 N 15th Ave Bozeman Montana 59715 * Primary Phone (406) 544-2960 * Current Occupation Lawyer * Employer Montana Business Law, PLLC * Email valeriewyman@hotmail.com Which position are you applying for? Gallatin Valley Local Water Quality District Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Midtown Urban Renewal District, 2018-2023 * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I graduated with a degree in natural resource economics and environmental policy analysis, and went to law school with intention to continue in environmental area. As things go, I ended up working as a business and real estate lawyer, and not in this field, but the interest remains. During college, I worked on water quality issues in Tahoe, wrote my thesis relating to dams in the Columbia River basin. In law school, I completed my clinical in the area of Land Use Planning. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I have some understanding of DEI from my own background, being the child of an immigrant who came to the USA in the 70s seeking asylum from Chile. I was exposed to different language and customs from a lot of my classmates and friends. Diversity lends to a richer and more vibrant tapestry for our community, and I would hope to represent these interests in my role. Page | 1 302 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name David Fine * Phone (406) 551-0209 * Email dfine@bozeman.net * Reference #2 Full Name Greg Sullivan * Phone (406) 580-1787 * Email gsullivan@bozeman.net * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I saw the opening posted on GCWQD website. Is there any other information that you feel we need to know? I am the user of both city water and irrigation water for the Community Garden which I manage in my neighborhood (Walton Homestead Sub). If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406.582.3232 (TDD 406.582.2301). Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 303 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Appointment to the Library Board of Trustees MEETING DATE:June 25, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to appoint one member to the Library Board of Trustees for a term ending June 30, 2029. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Library Board of Trustees currently has one vacancy due to a term expiring on June 30, 2024. Three applications have been received. The Library Board of Trustees is created under Section 22-1-308 of the Montana Code Annotated and Section 2.05.350 of the Bozeman Municipal Code. Under Section 2.05.350 of the B.M.C., the Board of Trustees of the Public Library shall be composed of five persons and shall be appointed by the Mayor, with the advice and consent of the Commission, and shall serve without pay. The trustees shall hold their office for the term of five years, and one trustee shall be appointed annually at the beginning of each fiscal year (July 1) for the term of five years, and until his/her successor is appointed and qualifies. Trustees shall serve no more than two full terms in succession. They shall have power to select librarians and other employees as they may determine and fix the amount of any bond which they may require to be given by the librarian and other employees. They shall have power to receive books from all sources for the use and benefit of the library and to purchase books therefore with any money available for that purpose and power to prescribe all rules and regulations for the use of books and the preservation of the same. The board shall keep a record of its transactions and shall make a report to the City Commission at the close of each calendar year, covering the business transacted by it during the year (Ordinance No. 1163, 1984; Ordinance No. 1094 S 1, 1982; prior code S 2.08.200). No residency requirements are contained in either the M.C.A. or the B.M.C. Under state statutes, this Board is administrative. 304 This board currently has one vacancy. The City Clerk’s Office has received three application with their relevant qualifications below. 1. One position with a term expiring June 30, 2029 | Qualifies: M. Pomeroy, J. Long, W. Locke Applicant: Melissa Pomeroy John Long William Locke UNRESOLVED ISSUES:Commissioner Jennifer Madgic is the City Commission liaison for this board. Library Board of Trustees appointments are Mayoral appointments with the advice and consent of the Commission. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 04-16-24 - CAB Applications - Melissa Pomeroy.pdf 04-22-24 - CAB Applications - John Long.pdf 04-26-24 - CAB Applications - William Locke.pdf Report compiled on: June 12, 2024 305 WELCOME Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name Melissa Pomeroy * Residential Address 3144 Wagon Wheel Rd Unit 38 Bozeman MT 59715 * Primary Phone (440) 463-0133 * Current Occupation Curator * Employer Montana State University * Email pomemel@yahoo.com Which position are you applying for? Library Board of Trustees Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 6-10 years * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. In recent years have had the privilege of getting to know the Bozeman book community much better. In 2021 I began working at the Country Bookshelf while I pursued my Master of Library and Information Science (completed in December of 2022). Since graduating I have had the privilege of working with dedicated librarians at the MSU library. I think it is important to have a dedicated board who will weigh the needs of the community with the resources available. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. As the population of Bozeman grows, so does our diversity and the need to be aware of changing community needs. I have engaged with that community on MSU campus by partnering with the Diversity and Inclusion Student Commons to plan events, and it is my intention to continue to listen to the needs of those communities to help them the best I can. Page | 1 306 References Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Jodi Allison-Bunnell * Phone (406) 994-5297 * Email jodi.allisonbunnell@montana.edu * Reference #2 Full Name Holoakea Husen * Phone (541) 231-6642 * Email husenholoakea@gmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? from Jennifer Pawlak Is there any other information that you feel we need to know? I would consider it a privilege to serve our community by sitting on the Board of Trustees for Bozeman Public Library. I have long been an enthusiastic patron, and love the recent updates to the building and their services. I would love to be a part of their continued growth. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406.582.3232 (TDD 406.582.2301). Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 307 WELCOME Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name John Long * Residential Address 1640 Kenyon Drive Bozeman Montana 59715 * Primary Phone (406) 989-0246 * Current Occupation retired * Employer see above * Email jmikel@me.com Which position are you applying for? Library Board of Trustees Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? Yes Where, how long, and what Board? Dawson County Library Board. 10 years * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I have a 42-year history of Clinical Laboratory Management across various hospitals in Montana - the last 15 years were at Bozeman Health. As stated above, I have served on a library board elsewhere. I am extremely literate, read voraciously and firmly believe that free, public and uncensored libraries are an important defining element of what allows us to call ourselves civilized. Free access to books saved my life as a youth when my situation was intolerable and reading was my only escape * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I am in a same-sex marriage. My husband and I raised a son (quite successfully) in Bozeman. We have been plaintiffs in a law suit in Montana which argued for recognition of both civil unions and same-sex marriage. I understand DEI because I've lived it from the inside out. References Page | 1 308 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Ken Spencer * Phone (406) 570-6378 * Email Kens8668@gmail.com * Reference #2 Full Name Jen Gummer * Phone (406) 579-5516 * Email momrulz2@hotmail.com * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? I proactively reached out to a current board member (Ken Spencer) expressing interest. Is there any other information that you feel we need to know? One motivation for my interest is that I am extremely happy with the Bozeman City Library in its current form. I want to be able to participate in both keeping it the wonderful institution that it is and in helping guide it forward into the future. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406.582.3232 (TDD 406.582.2301). Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 309 WELCOME Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerks' Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323. Applicant Information * Full Name William Locke * Residential Address 2119 Sourdough Road Bozeman MT 59715 * Primary Phone (406) 570-9378 * Current Occupation Retired emeritus faculty * Employer Montana State University Department of Earth Sciences * Email wwlocke3@gmail.com Which position are you applying for? Library Board of Trustees Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 11 years or more * Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? **SKIPPED** * Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. Served as Board member and officer of BS Wind Drinkers, FC Bozeman/Blitzz/Montana Surf. First paid job was moving and reserving a college library, and served as MSU Map Librarian for a decade. Long-tome library card holder (42 yr), donor, and volunteer. As an Earth Scientist, I am used to a long view rather than a hurried response to urgent (but not critically important) issues of the day. * The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I am an old, fat white guy! But at least I know it. I am a fiscal conservative but a social liberal (so I affiliate with no party). One of the best people in my life was my Army First Sergeant (Black, high school dropout), so I am well aware that the measure of a person has nothing to do with their exterior. References Page | 1 310 Please provide name, phone, and email contact information for two references. * Reference #1 Full Name Janay Johnson * Phone (406) 579-2208 * Email janay@bozemanlibraryfoundation.org * Reference #2 Full Name Chet Work * Phone (208) 709-3141 * Email chet@gvlt.org * The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? From Janay Johnson (BPL Foundation Director) Is there any other information that you feel we need to know? In the context of current events, I believe everyone has the right to their beliefs (if not criminal). Every parent has the right to pass their beliefs to their children. But no one has the right to control what other people, or their children, can see, learn, or believe. If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406.582.3232 (TDD 406.582.2301). Please note that for most City Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Page | 2 311 1 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman MONTANA DEPARTMENT OF COMMERCE MONTANA COAL ENDOWMENT PROGRAM CONTRACT #MT-MCEP-PL-25-015 This agreement (“Contract”) is entered into by the City of Bozeman, Montana (“Grantee”) and the Montana Department of Commerce (“Department”). The Grantee and the Department hereby agree to the following terms: Section 1. PURPOSE The purpose of this Contract is to provide funding to the Grantee for infrastructure planning activities approved by the Department under the Montana Coal Endowment Program (“MCEP” or “Program”) as authorized by HB 11, passed by the 68th Legislature and as signed into law by Governor Gianforte on May 18, 2023 (Chapter 595, Laws 2023). The Montana Coal Endowment Program was formerly known as the Treasure State Endowment Program. Any references to the Treasure State Endowment Program or “TSEP” now refer to the Montana Coal Endowment Program as authorized by the 67th Montana Legislature in Senate Bill 258 (Chapter 330, Laws 2021). Section 2. AUTHORITY This Contract is issued under authority of Title 90, Chapter 6, Part 7 of the Montana Code Annotated (“MCA”), Title 8, Chapter 94, Subchapter 38 of the Administrative Rules of Montana (“ARM”), and the terms of Chapter 595, Laws 2023. Section 3. APPLICATION INCORPORATED BY REFERENCE The Grantee's application for Program assistance, including any written modifications or reports resulting from the review of the application by the Department (collectively “Project”), is specifically incorporated into this Contract by this reference and the representations made therein are binding upon the Grantee. Section 4. ACCEPTANCE OF PROGRAM REQUIREMENTS (a) The Grantee will comply with all applicable local, state, and federal laws as well as all applicable regulations, ordinances, and resolutions now in effect or as may be amended during the term of this Contract. In particular, Grantee will comply with the terms of Montana HB 11 (Chapter 595, Laws 2023), the terms of which are incorporated herein by reference. Grantee will comply with all administrative directives and procedures that may be established or amended by the Department for the Program, including the most current version of the MCEP Administration Guidelines for Infrastructure Planning Grants maintained by the Department. (b) The Grantee agrees that all contracts and subcontracts it enters into for the completion of the activities described in Section 6 will require such contractors, DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 125312 2 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman subcontractors, and subrecipient entities to also comply with all requirements placed on the Grantee in paragraph (a) of this Section. (c) The Grantee agrees to repay to the Department any funds advanced under this Contract that the Grantee, its contractors, subcontractors, or subrecipient entities, or any public or private agent or agency to which it delegates authority to carry out any portions of this Contract, expends in violation of: (i) the terms of this Contract; (ii) the statutes, and regulations governing the Program; (iii) or any applicable local, state, or federal requirements. (d) The Grantee acknowledges and agrees that neither the funding of the Project under this Contract nor any review of the final deliverables by the Department constitutes the Department’s approval or endorsement of the contents of such, and that such funding and/or review will have no influence on the Department’s ranking of a subsequent application from the Grantee for any project grant. Section 5. EFFECTIVE DATE AND TIME OF PERFORMANCE (a) This Contract shall take effect upon execution by the parties and will terminate on March 31, 2026 or upon approval of Grantee’s Project completion report by the Department, whichever is later, unless otherwise terminated in accordance with this Contract. (b) All authorized expenses to be reimbursed must be incurred by the Grantee between March 14, 2024 and no later than December 31, 2025. All requests for reimbursement must be submitted to the Department within ninety (90) days after December 31, 2025. (c) The activities to be performed by the Grantee will be completed according to the implementation schedule set forth in Exhibit A. The Grantee may modify the implementation schedule set forth in Exhibit A only with prior written approval of the Department. (d) The Grantee will procure its engineer or other primary contractor to complete the Project within six (6) months of the execution of this Contract or the Contract will terminate unless the Department determines, in its sole discretion, that Grantee has demonstrated substantial progress towards procuring an engineer. (e) The Department may grant an extension to this Contract upon request by the Grantee if the Department determines, in its sole discretion, that the Grantee has demonstrated progress toward completion of the Project, has engaged in a good faith effort to comply with the duties, terms, and conditions of this Contract, and that the failure to comply with any of those services, duties, terms, or conditions resulted from circumstances beyond the Grantee’s control. A written request for an extension must be submitted at least sixty (60) days prior to March 31, 2026. DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 126313 3 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman Section 6. SCOPE OF WORK The Grantee will complete the Project and administer this Contract in compliance with the Project management plan, including any amendments, approved by the Department. The Grantee will use Program funds for the following major components of the Project: • Preliminary conference call with the Department prior to beginning the Project to confirm Project components and design; • Professional Engineering Services to complete a Preliminary Engineering Report (PER) that meets the requirements and follows the format of the most recent edition of the Uniform PER Outline, to study the stormwater system; • Limited administration of this Contract pursuant to the most current version of the MCEP Administration Guidelines for Infrastructure Planning Grants; and • Submit one (1) electronic copy of the stormwater PER to the Department. Section 7. BUDGET (a) The total amount to be awarded to the Grantee under this Contract shall not exceed $40,000. (b) A copy of the Project budget is attached as Exhibit B and specifically incorporated herein by this reference. Any changes to the budget as proposed and incorporated within this Contract require a written request to and approval by the Department. (c) Any authorized funds not expended under this grant by the later date referenced in Section 5(b) or otherwise accounted for in accordance with the provisions of this Section will revert to the Department and will be used to finance other Program projects. Section 8. ACCESS TO AND RETENTION OF RECORDS (a) The Grantee agrees to create and maintain records supporting the services covered by this Contract, including but not limited to, financial records, supporting documents, and such other records as are required by law or other authority, for a period of five (5) years after either the termination date of the Contract or the conclusion of any claim, litigation, or exception relating to the Contract taken by the State of Montana or third party, whichever is later. These records will be kept in the Grantee’s offices. (b) The Grantee shall provide the Department, Montana Legislative Auditor, or their authorized agents access to any records related to the Project or otherwise necessary to determine contract compliance, at no cost to the Department, the DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 127314 4 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman Montana Legislative Auditor, or their authorized agents. Section 9. LIAISONS All project management and coordination on behalf of the Department shall be through a single point of contact designated as the Department’s liaison. Grantee shall designate a liaison that will provide the single point of contact for management and coordination of Grantee’s work. All work performed pursuant to this Contract shall be coordinated between the Department’s liaison and the Grantee’s liaison. The liaisons for this Contract are: For the Department: For the Grantee: Alisha Oellermann (or successor) Jamie Grabinski (or successor) Program Specialist, MDOC Grants Coordinator, City of Bozeman 301 S. Park Ave. 121 N. Rouse Ave P.O. Box 200523 Bozeman, MT 59715 Helena, MT 59620-0523 406-582-2364 406-841-2226 jgrabinski@bozeman.net alisha.oellermann2@mt.gov Section 10. METHOD OF REIMBURSEMENT (a) The Department will use the funds appropriated in HB 11 to fund infrastructure planning awards to Grantees that have received a notice of award letter from the Department. Grantee acknowledges that its access to Program funds is subject to their availability. (b) The Department agrees that, if and when the funds described in paragraph (a) of this Section are available, the Department will authorize the Grantee to request reimbursement from funding awarded for the Project. (c) The Department agrees to reimburse the Grantee for eligible Project costs incurred on or after the date identified in Section 5(b) upon the successful completion of activities set forth in Section 6. All reimbursements must be supported by adequate documentation requested by the Department and provided by the Grantee, and require Department approval of the Grantee’s request for reimbursement. In requesting reimbursement, the Grantee will follow the instructions supplied by the Department. (d) Payment to the Grantee for approved Project activities under this Contract will generally be in accordance with the disbursement schedule listed below: (i) Payment #1 – 50% of the grant award amount will be available after the Department receives a draft of the Project deliverables in accordance with the preliminary conference call. This draft will also serve to document that DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 128315 5 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman the Grantee is adequately proceeding toward the preparation of a complete and acceptable final product. (ii) Payment #2 – The remaining 50% of the grant award amount will be available after the Department receives a final copy of all required deliverables to be completed under the Contract, proof of matching funds, a Project completion report, and Grantee’s final request for funds. (e) The Department will not reimburse the Grantee for any costs incurred prior to the date identified in Section 5(b), any expenses not included in Exhibit B or an approved adjustment thereto, any ineligible expenses as set forth in the most current version of the MCEP Administration Guidelines for Infrastructure Planning Grants, or any expenses not adequately supported in writing by the Grantee's records. (f) As set forth in Section 17, if the Grantee fails to or is unable to comply with any of the terms and conditions of this Contract any costs incurred will be the Grantee's sole responsibility. (g) The Grantee understands and acknowledges that the Department will report to the Legislature and Legislative Interim Committees on the status of all Program projects in accordance with HB 11. If the Department determines that the Grantee has failed to commence its project in a timely manner or complete its Project by the date prescribed in this Contract, the Department may recommend to the Legislature that the Contract be terminated. If that occurs, any remaining Project funds will revert to the Department and may be used, at the Department’s discretion, to fund other Program grants. (h) The Department is allowed fifteen (15) business days to process a request for reimbursement once adequate supporting documentation has been received by the Department. The Grantee shall provide banking information before or at the time of Contract execution in order to facilitate electronic funds transfer payments. (i) If the Grantee changes one of its sources of funding or the cost of the Project increases after the Grantee has obtained the firm commitment of non-Program funds, the Department may, at its discretion, suspend the distribution of Program funds until the Grantee obtains a firm commitment of funds for the full Project budget. (j) The Department may reduce the Grantee’s amount of Program funds provided by this Contract if actual Project expenses are lower than projected by the Grantee in Exhibit B or the Grantee obtains a greater amount of grant funds from other sources than as presented in the Project application. (k) If the Department, in its sole discretion, determines that the Grantee has failed to satisfactorily carry out its responsibilities under this Contract or has breached DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 129316 6 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman the terms of this Contract, the Department may withhold reimbursement to the Grantee until such time as the Department and the Grantee agree on a plan to remedy the deficiency. (l) Requests for reimbursement for contracted or subcontracted services must include appropriate documentation demonstrating compliance with contract requirements. (m) The Grantee may not use monies provided through this Contract as payment for Project costs that are reimbursed from other sources. (n) The Department, in its sole discretion, may allow the Grantee to amend Section 6. The Department will review the following: likelihood to expend all grant funds prior to the deadline in Section 5(b); progress toward completion of the Project; good faith effort to comply with any of the duties, terms, and conditions of this Contract; and the failure to comply with any of those services, duties, terms, or conditions resulted from circumstances beyond the Grantee’s control. A written request for an amendment to Section 6 must be submitted at least sixty (60) days prior to the termination date of this Contract. Section 11. REPORTING REQUIREMENTS (a) Project Progress Reports: During the term of this Contract the Grantee will submit Project progress reports to the Department in conjunction with each request for reimbursement. These reports will describe the status of the activities set forth in Section 6, including, at a minimum, the percentage completed, costs incurred, funds remaining, and projected completion date. Additionally, the report must provide documentation supporting each claim for expenses to be reimbursed, describe any significant problems encountered in carrying out the Project, and the scope of any necessary modifications the Grantee is requesting in the Project scope of work, budget, or implementation schedule. The Department, at its sole discretion, may decline to honor any request for reimbursement if the required project progress report has not been submitted to or approved by the Department. (b) Project Completion Report: Upon completion of the Project, the Grantee will submit a final Project completion report for Department approval. The Project completion report will describe the total costs incurred for the Project, identify the final completion date, and summarize any significant problems encountered in carrying out the Project. Upon approval of the Project completion report, the Department will issue a notice of Project close-out. Section 12. PROJECT MONITORING The Department or any of its authorized agents may monitor and inspect all phases and aspects of the Grantee's performance to determine compliance with Section 6 of this Contract, the proper use of funds, and other technical and administrative requirements of DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 130317 7 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman this Contract, including the adequacy of the Grantee’s records and accounts. The Department may advise the Grantee of any specific areas of concern and provide the Grantee opportunity to propose corrective actions acceptable to the Department. Section 13. NOTICE All notices required under the provisions of this Contract must be in writing and delivered to the parties’ liaisons identified herein either by first class mail, electronic mail, or personal service. Section 14. REFERENCE TO CONTRACT The Contract number must appear on all invoices, reports, and correspondence pertaining to the Contract. If the number is not provided, the Department is not obligated to pay the invoice. Section 15. ASSIGNMENT, TRANSFER AND SUBCONTRACTING The Grantee may not assign, transfer, or subcontract any portion of this Contract without the Department's prior written consent. (§ 18-4-141, MCA). The Grantee is responsible to the Department for the acts and omissions of all Grantee’s subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Grantee. No contractual relationships exist between any subcontractor and the Department under this Contract. Section 16. CONTRACT AMENDMENT This Contract may not be enlarged, modified, or altered without a written agreement signed by all parties to the Contract. Section 17. TERMINATION OF CONTRACT This Contract may only be terminated in whole or in part as follows: (a) Termination Due to Loss or Reduction of Funding: The Department, at its sole discretion, may terminate or reduce the scope of this Contract if any funding sources are eliminated or reduced for any reason, including as permitted by Montana Code Annotated § 18-4-313(4). If a termination or modification is required, the Department may, if sufficient Program funds are available, compensate the Grantee for eligible services rendered and actual, necessary, and eligible expenses incurred as of the revised termination date. The Department will notify the Grantee of the effective date of the termination or modification of this Contract and, if a reduction in funding is required, provide the Grantee with a modified Project budget. (b) Termination for Cause with Notice to Cure Requirement: The Department may DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 131318 8 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman terminate this Contract for failure of the Grantee, its contractors, subcontractors, or subrecipient entities to perform or comply with any of the services, duties, terms, or conditions contained in this Contract after giving the Grantee written notice of the stated failure. The written notice will demand performance of the stated failure within a specified period of time not less than thirty (30) calendar days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period. (c) Effect of Termination: In the event of termination due to the Grantee's, its contractors’, subcontractors’, or subrecipient entities’ failure to perform or comply with any of the services, duties, terms, or conditions of this Contract, any costs incurred will be the sole responsibility of the Grantee. However, at its sole discretion, the Department may approve written requests by the Grantee for reimbursement of eligible expenses incurred. The Department's decision to authorize payment of any costs incurred or to recover expended Program funds will be based on a consideration of the extent to which the expenditure of those funds represented a good faith effort of the Grantee to comply with any of those services, duties, terms, or conditions of this Contract, and on whether the failure to comply with any of those services, duties, terms, or conditions resulted from circumstances beyond the Grantee's control. Section 18. COMPLIANCE WITH APPLICABLE LAWS Grantee shall, in performance of work under this Contract, fully comply with all applicable federal, state, or local laws, rules, regulations, and executive orders including but not limited to, the Montana Human Rights Act, the Equal Pay Act of 1963, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Grantee is the employer for the purpose of providing healthcare benefits and paying any applicable penalties, fees and taxes under the Patient Protection and Affordable Care Act [P.L. 111-148, 124 Stat. 119]. Any subletting or subcontracting by Grantee subjects subcontractors to the same provisions. In accordance with § 49-3-207, MCA, and Executive Order No. 04-2016. Grantee agrees that the hiring of persons to perform this Contract will be made on the basis of merit and qualifications and there will be no discrimination based on race, color, sex, pregnancy, childbirth or medical conditions related to pregnancy or childbirth, political or religious affiliation or ideas, culture, creed, social origin or condition, genetic information, sexual orientation, gender identity or expression, national origin, ancestry, age, disability, military service or veteran status, vaccination status, or marital status by the persons performing this Contract. Section 19. ACCOUNTING, COST PRINCIPLES, AND AUDITING (a) The Grantee, in accordance with §§ 2-7-503, 2-7-504, MCA, implementing administrative rules, and other authorities, must maintain for the purposes of this Contract an accounting system of procedures and practices that conforms to Generally Accepted Accounting Principles (“GAAP”). DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 132319 9 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman (b) The Department, any other legally authorized governmental entity, or their authorized agents may, at any time during or after the term of this Contract, conduct in accordance with §§ 2-7-503, 5-13-304, and 18-1-118, MCA and other authorities, audits for the purposes of ensuring the appropriate administration, expenditure of monies, and delivery of services provided through this Contract, at no cost to the Department. Section 20. AVOIDANCE OF CONFLICT OF INTEREST (a) The Grantee will comply with §§ 2-2-121, 2-2-201, 7-3-4256, 7-3-4367, 7-5-2106, and 7-5-4109, MCA, as applicable, and any other applicable local, state, or federal law regarding the avoidance of conflict of interest. (b) The Grantee agrees that none of its officers, employees, or agents will solicit or accept gratuities, favors, or anything of monetary value from contractors, subcontractors, or potential contractors and subcontractors, who provide or propose to provide services relating to the project funded under this Contract. (c) The Grantee shall promptly refer to the Department any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor, or other person has submitted any false claim or has committed any criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving funds provided under this Contract. Section 21. COMPLIANCE WITH WORKERS’ COMPENSATION ACT Grantees shall comply with the provisions of the Montana Workers’ Compensation Act while performing work for the State of Montana in accordance with Sections 39-71-401, 39-71-405, and 39-71-417, MCA. The Grantee accepts responsibility for supplying, and requiring all subcontractors to supply, the Department proof of compliance with the Montana Worker’s Compensation Act while performing work for the State of Montana. The Grantee agrees that neither the Grantee nor its employees are employees of the state. Proof of compliance must be in the form of workers’ compensation insurance, an independent contractor's exemption, or documentation of corporate officer status. This insurance/exemption must be valid for the entire term of the Contract. Proof of compliance and renewal documents must be sent to the Department within thirty (30) calendar days of Contract execution. Section 22. OWNERSHIP AND PUBLICATION OF MATERIALS All reports, information, data, and other materials prepared by the Grantee or any of its contractors or subcontractors in furtherance of this Contract are the property of the Grantee and the Department. Both Grantee and the Department have the royalty-free, nonexclusive, and irrevocable right to reproduce, publish, authorize others to use, and to otherwise use, in whole or part, such property and any information relating thereto. No DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 133320 10 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman material produced in whole or part under this Contract may be copyrighted or patented in the United States or in any other country without the prior written approval of both the Department and the Grantee. Section 23. INSURANCE (a) General Requirements: Grantee must maintain and assure that its representatives, assigns, and subcontractors maintain for the duration of the Contract, at their own cost and expense, primary liability insurance against claims for injuries to persons or damages to property, including contractual liability, that may arise from or in connection with the performance of the duties and obligations in the Contract by Grantee, its agents, employees, representatives, assigns, or subcontractors. This insurance must cover such claims as may be caused by any negligent act or omission. The State, its officers, officials, employees, and volunteers must be covered as additional insureds for all claims arising out of the use of grant proceeds provided by the State of Montana. (b) Primary Insurance: Grantee’s insurance coverage must be primary insurance with respect to the State of Montana, its elected or appointed officers, officials, employees, or volunteers and the State’s insurance will not contribute with it. (c) General Liability Insurance: At its sole cost and expense, Grantee must purchase and maintain occurrence coverage with minimum combined single limits of $1 million per occurrence and $2 million aggregate per year, or as established by statutory tort limits of $750,000 per claim and $1,500,000 per occurrence as provided by a self-insurance pool insuring counties, cities, or towns, as authorized under Section 2-9-211, MCA. (d) Professional Liability Insurance: Grantee shall assure that any representatives, assigns, and subcontractors performing professional services under this Contract purchase occurrence coverage with combined single limits for each wrongful act of $1,000,000 per occurrence and $2,000,000 aggregate per year. Note: if "occurrence" coverage is unavailable or cost prohibitive, the contractor may provide "claims made" coverage provided the following conditions are met: (1) the commencement date of the Contract must not fall outside the effective date of insurance coverage and it will be the retroactive date for insurance coverage in future years; and (2) the claims made policy must have a three (3) year tail for claims that are filed after the cancellation or expiration date of the policy. (e) General Provisions: All insurance coverage must be with a carrier licensed to do business in the State of Montana and with a Best’s rating of at least A-, or by a public entity self-insured program either individually or on a pool basis as provided by Title 2, MCA. All certificates and endorsements must be received by the Department prior to beginning any activity provided for under the Contract. Grantee must notify the Department immediately of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 134321 11 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman etc. The Department reserves the right to request complete copies of Grantee’s insurance policy, including endorsements, at any time. Section 24. HOLD HARMLESS AND INDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify and hold harmless State, its elected and appointed officials, officers, agents, directors, and employees from and against all claims, damages, losses and expenses, including the cost of defense thereof, to the extent caused by or arising out of the Grantee’s negligent acts, errors, or omissions in work or services performed under this Contract, including but not limited to, the negligent acts, errors, or omissions of any subcontractor or anyone directly or indirectly employed by any subcontractor for whose acts subcontractor may be liable. Claims under this provision also include those arising out of or in any way connected with the Grantee's breach of this contract, including any Claims asserting that any of the Grantee's employees are actually employees or common law employees of the State or any of its agencies, including but not limited to, excise taxes or penalties imposed on the State under Internal Revenue Code (“Code”) §§ 4980H, 6055 or 6056. Section 25. DEFAULT Failure on the part of either party to perform the provisions of the Contract constitutes default. Default may result in the pursuit of remedies for breach of contract as set forth herein or as otherwise legally available, including but not limited to damages and specific performance. Section 26. DEBARMENT The Grantee certifies and agrees to ensure during the term of this Contract that neither it nor its principals, contractors, subcontractors, or subrecipient entities are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Contract by any governmental department or agency. Section 27. FORCE MAJEURE Neither party will be liable for any failure or delay in performing its duties in this agreement due to Force Majeure Events. “Force Majeure Event” means an event or circumstance beyond a party’s reasonable control, such as natural catastrophes and acts of terrorism or war, and the consequences of that event or circumstance. Force Majeure Event does not include a strike or other labor unrest that affects only that party, an increase in prices or other change in general economic conditions, a change in law, or an event or circumstance that results in that Party’s not having sufficient funds to comply with an obligation to pay. If a Force Majeure Event continues for 30 days, the other party may terminate this agreement or suspend payments while the event continues. DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 135322 12 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman Section 28. SEPARABILITY A declaration by any court, or any other binding legal forum, that any provision of the Contract is illegal or void shall not affect the legality and enforceability of any other provision of the Contract, unless the provisions are mutually dependent. Section 29. ARBITRATION Unless otherwise agreed to in writing or provided for by law, arbitration is not available to the parties as a method of resolving disputes that would arise under the Contract. Section 30. NO WAIVER OF BREACH No failure by the Department to enforce any provisions hereof after any event of breach will be deemed a waiver of its rights regarding that event, or any subsequent event. No express failure of any event of breach will be deemed a waiver of any provision hereof. No such failure or waiver will be deemed a waiver of the right of the Department to enforce each and all the provisions hereof upon any further or other breach on the part of the Grantee. Section 31. JURISDICTION AND VENUE This Contract is governed by the laws of Montana. The parties agree that any litigation concerning this Contract must be brought in the First Judicial District in Lewis and Clark County, State of Montana and each party must pay its own costs and attorney fees, except as provided in Section 24, Hold Harmless and Indemnification Remainder of page intentionally left blank. DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 136323 13 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman Section 32. INTEGRATION The Contract contains the entire agreement between the parties. No statements, promises, or inducements of any kind made by either party or the agents of either party, not contained herein or in a properly executed amendment hereto are valid or binding. The parties through their authorized agents have executed this Contract on the dates set out below. GRANTEE: Chuck Winn, Interim City Manager Date City of Bozeman ATTEST: Mike Maas, City Clerk APPROVED AS TO FORM: Greg Sullivan, City Attorney DEPARTMENT: Mandy Rambo, Deputy Director Date DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 6/6/2024 6/6/2024 137324 14 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman EXHIBIT A Implementation Schedule TASK MONTH PROJECT START UP Preparation of MDOC Contract May 2024 PROCUREMENT OF PROFESSIONAL ASSISTANCE Submit Request for Proposals to DOC for approval, if required June 2024 Publish RFP July 2024 Select professional August 2024 Execute agreement with professional September 2024 PROJECT IMPLEMENTATION Prepare draft deliverables March 2025 Submit interim Request for Funds, Progress Report and draft deliverables May 2025 Public review and comment July 2025 Finalize deliverables September 2025 PROJECT CLOSE OUT Submit final deliverables December 2025 Submit final Request for Funds and Completion Report March 2026 DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 138325 15 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman EXHIBIT B Budget SOURCE: MCEP SOURCE: Local TOTAL Professional Engineering Services $40,000 $10,000 $50,000 DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 139326 Contract Information Sheet Division staff are required to complete the items in blue print.Last Revised September 2023 Contract Number:MT-MCEP-PL-25-015 Original Contract Amount:40,000.00 Contractor's Name:City of Bozeman Amount of Prior Amendments: Contractor Liaison:Jamie Grabinski Current Amendment Amount: Contractor's Liaison Email:jgrabinski@bozeman.net Total Contract Value:40,000.00 Approved to Form Name:Greg Sullivan Approved to Form Email:gsullivan@bozeman.net Funding Source:State Contractor (signee) Name:Chuck Winn Contractor's Email:cwinn@bozeman.net Program Number/Division:60 - Community MT Contractor's Address:121 N Rouse St, Suite 201 Org Number:608025 Contractor's Address 2:Bozeman, MT 59715 Vendor Number:23437 Attest Name:Mike Maas Project Name (optional):MCEP-PL-25-015 Attest Email:mmaas@bozeman.net Start Date:Upon execution Delegation:Commerce End Date:3/31/2026 Procurement Method:Exempt*Absolute End Date: Contract Type:Grant Contract Usage:Fixed Liaison:Alisha Oellermann Program Manager:scrider@mt.gov Liaison Email:alisha.oellermann2@mt.gov Bureau Chief:galen.steffens@mt.gov Liaison Phone:406-841-2226 Additional Email: Signatures:Copies To: Division Administrator Liaison Fiscal Review Director (> $200K) Legal Counsel Deputy Director (<$25K) Deputy Director Perceptive OBPP Information Technology SITSD Delegation Agreement Section 5.1 * Grants with governments. Stormwater preliminary engineering report. The proposed project is to develop a preliminary engineering report (PER) to evaluate options to mitigate the existing flood hazard to Bozeman, Montana by Bozeman Creek concentrated in downtown Bozeman near the Main Street area, a major thoroughfare in the city as well as a critical artery to the local hospital. Purpose of this contract/amendment: Scope & duties of this contract: DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 6/6/2024 6/6/2024 6/6/2024 140327 Certificate Of Completion Envelope Id: FE8D4ED800AE430E84D7314CF46EFC3D Status: Completed Subject: Montana Department of Commerce Contract #MT-MCEP-PL-25-015 for Signature Source Envelope: Document Pages: 16 Signatures: 7 Envelope Originator: Certificate Pages: 6 Initials: 0 Contracts Admin AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) PO Box 200501 301 S. Park Ave Helena, MT 596200501 doccontracts@esign.mt.gov IP Address: 161.7.39.7 Record Tracking Status: Original 6/6/2024 8:06:18 AM Holder: Contracts Admin doccontracts@esign.mt.gov Location: DocuSign Signer Events Signature Timestamp Mandy Rambo Mandy.rambo@mt.gov Deputy Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 6/6/2024 8:22:07 AM Viewed: 6/6/2024 8:31:41 AM Signed: 6/6/2024 8:31:47 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Judy Clay judy.clay@mt.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 6/6/2024 8:31:48 AM Viewed: 6/6/2024 9:00:37 AM Signed: 6/6/2024 9:01:46 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 9:00:37 AM ID: e93e2780-0876-4228-88d5-b5152eaf6bf6 Bonnie Martello bmartello@mt.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 6/6/2024 9:01:48 AM Viewed: 6/6/2024 9:28:40 AM Signed: 6/6/2024 9:28:45 AM Electronic Record and Signature Disclosure: Accepted: 9/23/2016 10:59:41 AM ID: 1b1b08d4-a7e2-4780-be4c-48c085b25cec Chuck Winn cwinn@bozeman.net Assistant City Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 69.145.53.144 Signed using mobile Sent: 6/6/2024 9:28:47 AM Viewed: 6/6/2024 9:52:56 AM Signed: 6/6/2024 9:53:34 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 9:52:56 AM ID: 0990dcbf-c2d5-4a03-afd7-0076d7c86569 141328 Signer Events Signature Timestamp Greg Sullivan gsullivan@bozeman.net Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 6/6/2024 9:53:36 AM Viewed: 6/6/2024 10:21:26 AM Signed: 6/6/2024 10:21:47 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 10:21:26 AM ID: 8fed6de1-2a44-4ae0-9010-409db3fbcb85 Mike Maas mmaas@bozeman.net Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 6/6/2024 10:21:49 AM Viewed: 6/6/2024 11:05:16 AM Signed: 6/6/2024 11:05:30 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 11:05:16 AM ID: a24cfe0b-9712-415f-9fdf-256bfa1ad5b6 Mandy Rambo Mandy.rambo@mt.gov Deputy Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 6/6/2024 11:05:32 AM Viewed: 6/6/2024 11:20:57 AM Signed: 6/6/2024 11:21:03 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Stephanie Crider scrider@mt.gov Security Level: Email, Account Authentication (None) Sent: 6/6/2024 8:22:07 AM Viewed: 6/6/2024 9:32:03 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 9:10:49 AM ID: 3861279e-9843-4a2a-a966-da31b2937534 Jamie Grabinski jgrabinski@bozeman.net Security Level: Email, Account Authentication (None) Sent: 6/6/2024 8:22:07 AM Viewed: 6/6/2024 8:45:14 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign 142329 Carbon Copy Events Status Timestamp Alisha Oellermann Alisha.Oellermann2@mt.gov Security Level: Email, Account Authentication (None) Sent: 6/6/2024 8:22:08 AM Electronic Record and Signature Disclosure: Accepted: 5/24/2024 1:58:08 PM ID: 2c0129a1-8997-4983-bc4f-f342fbde93f5 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/6/2024 8:22:08 AM Certified Delivered Security Checked 6/6/2024 11:20:57 AM Signing Complete Security Checked 6/6/2024 11:21:03 AM Completed Security Checked 6/6/2024 11:21:03 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 143330 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, MT Dept of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures Electronic Record and Signature Disclosure created on: 10/7/2014 8:41:47 AM Parties agreed to: Judy Clay, Bonnie Martello, Chuck Winn, Greg Sullivan, Mike Maas, Stephanie Crider, Alisha Oellermann 144331 electronically from us. 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Acknowledging your access and consent to receive materials electronically 145332 To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the ‘I agree’ button below. By checking the ‘I agree’ box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify MT Dept of Commerce as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by MT Dept of Commerce during the course of my relationship with you. 146333 1 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman MONTANA DEPARTMENT OF COMMERCE MONTANA COAL ENDOWMENT PROGRAM CONTRACT #MT-MCEP-PL-25-015 This agreement (“Contract”) is entered into by the City of Bozeman, Montana (“Grantee”) and the Montana Department of Commerce (“Department”). The Grantee and the Department hereby agree to the following terms: Section 1. PURPOSE The purpose of this Contract is to provide funding to the Grantee for infrastructure planning activities approved by the Department under the Montana Coal Endowment Program (“MCEP” or “Program”) as authorized by HB 11, passed by the 68th Legislature and as signed into law by Governor Gianforte on May 18, 2023 (Chapter 595, Laws 2023). The Montana Coal Endowment Program was formerly known as the Treasure State Endowment Program. Any references to the Treasure State Endowment Program or “TSEP” now refer to the Montana Coal Endowment Program as authorized by the 67th Montana Legislature in Senate Bill 258 (Chapter 330, Laws 2021). Section 2. AUTHORITY This Contract is issued under authority of Title 90, Chapter 6, Part 7 of the Montana Code Annotated (“MCA”), Title 8, Chapter 94, Subchapter 38 of the Administrative Rules of Montana (“ARM”), and the terms of Chapter 595, Laws 2023. Section 3. APPLICATION INCORPORATED BY REFERENCE The Grantee's application for Program assistance, including any written modifications or reports resulting from the review of the application by the Department (collectively “Project”), is specifically incorporated into this Contract by this reference and the representations made therein are binding upon the Grantee. Section 4. ACCEPTANCE OF PROGRAM REQUIREMENTS (a) The Grantee will comply with all applicable local, state, and federal laws as well as all applicable regulations, ordinances, and resolutions now in effect or as may be amended during the term of this Contract. In particular, Grantee will comply with the terms of Montana HB 11 (Chapter 595, Laws 2023), the terms of which are incorporated herein by reference. Grantee will comply with all administrative directives and procedures that may be established or amended by the Department for the Program, including the most current version of the MCEP Administration Guidelines for Infrastructure Planning Grants maintained by the Department. (b) The Grantee agrees that all contracts and subcontracts it enters into for the completion of the activities described in Section 6 will require such contractors, DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 24334 2 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman subcontractors, and subrecipient entities to also comply with all requirements placed on the Grantee in paragraph (a) of this Section. (c) The Grantee agrees to repay to the Department any funds advanced under this Contract that the Grantee, its contractors, subcontractors, or subrecipient entities, or any public or private agent or agency to which it delegates authority to carry out any portions of this Contract, expends in violation of: (i) the terms of this Contract; (ii) the statutes, and regulations governing the Program; (iii) or any applicable local, state, or federal requirements. (d) The Grantee acknowledges and agrees that neither the funding of the Project under this Contract nor any review of the final deliverables by the Department constitutes the Department’s approval or endorsement of the contents of such, and that such funding and/or review will have no influence on the Department’s ranking of a subsequent application from the Grantee for any project grant. Section 5. EFFECTIVE DATE AND TIME OF PERFORMANCE (a) This Contract shall take effect upon execution by the parties and will terminate on March 31, 2026 or upon approval of Grantee’s Project completion report by the Department, whichever is later, unless otherwise terminated in accordance with this Contract. (b) All authorized expenses to be reimbursed must be incurred by the Grantee between March 14, 2024 and no later than December 31, 2025. All requests for reimbursement must be submitted to the Department within ninety (90) days after December 31, 2025. (c) The activities to be performed by the Grantee will be completed according to the implementation schedule set forth in Exhibit A. The Grantee may modify the implementation schedule set forth in Exhibit A only with prior written approval of the Department. (d) The Grantee will procure its engineer or other primary contractor to complete the Project within six (6) months of the execution of this Contract or the Contract will terminate unless the Department determines, in its sole discretion, that Grantee has demonstrated substantial progress towards procuring an engineer. (e) The Department may grant an extension to this Contract upon request by the Grantee if the Department determines, in its sole discretion, that the Grantee has demonstrated progress toward completion of the Project, has engaged in a good faith effort to comply with the duties, terms, and conditions of this Contract, and that the failure to comply with any of those services, duties, terms, or conditions resulted from circumstances beyond the Grantee’s control. A written request for an extension must be submitted at least sixty (60) days prior to March 31, 2026. DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 25335 3 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman Section 6. SCOPE OF WORK The Grantee will complete the Project and administer this Contract in compliance with the Project management plan, including any amendments, approved by the Department. The Grantee will use Program funds for the following major components of the Project: • Preliminary conference call with the Department prior to beginning the Project to confirm Project components and design; • Professional Engineering Services to complete a Preliminary Engineering Report (PER) that meets the requirements and follows the format of the most recent edition of the Uniform PER Outline, to study the stormwater system; • Limited administration of this Contract pursuant to the most current version of the MCEP Administration Guidelines for Infrastructure Planning Grants; and • Submit one (1) electronic copy of the stormwater PER to the Department. Section 7. BUDGET (a) The total amount to be awarded to the Grantee under this Contract shall not exceed $40,000. (b) A copy of the Project budget is attached as Exhibit B and specifically incorporated herein by this reference. Any changes to the budget as proposed and incorporated within this Contract require a written request to and approval by the Department. (c) Any authorized funds not expended under this grant by the later date referenced in Section 5(b) or otherwise accounted for in accordance with the provisions of this Section will revert to the Department and will be used to finance other Program projects. Section 8. ACCESS TO AND RETENTION OF RECORDS (a) The Grantee agrees to create and maintain records supporting the services covered by this Contract, including but not limited to, financial records, supporting documents, and such other records as are required by law or other authority, for a period of five (5) years after either the termination date of the Contract or the conclusion of any claim, litigation, or exception relating to the Contract taken by the State of Montana or third party, whichever is later. These records will be kept in the Grantee’s offices. (b) The Grantee shall provide the Department, Montana Legislative Auditor, or their authorized agents access to any records related to the Project or otherwise necessary to determine contract compliance, at no cost to the Department, the DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 26336 4 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman Montana Legislative Auditor, or their authorized agents. Section 9. LIAISONS All project management and coordination on behalf of the Department shall be through a single point of contact designated as the Department’s liaison. Grantee shall designate a liaison that will provide the single point of contact for management and coordination of Grantee’s work. All work performed pursuant to this Contract shall be coordinated between the Department’s liaison and the Grantee’s liaison. The liaisons for this Contract are: For the Department: For the Grantee: Alisha Oellermann (or successor) Jamie Grabinski (or successor) Program Specialist, MDOC Grants Coordinator, City of Bozeman 301 S. Park Ave. 121 N. Rouse Ave P.O. Box 200523 Bozeman, MT 59715 Helena, MT 59620-0523 406-582-2364 406-841-2226 jgrabinski@bozeman.net alisha.oellermann2@mt.gov Section 10. METHOD OF REIMBURSEMENT (a) The Department will use the funds appropriated in HB 11 to fund infrastructure planning awards to Grantees that have received a notice of award letter from the Department. Grantee acknowledges that its access to Program funds is subject to their availability. (b) The Department agrees that, if and when the funds described in paragraph (a) of this Section are available, the Department will authorize the Grantee to request reimbursement from funding awarded for the Project. (c) The Department agrees to reimburse the Grantee for eligible Project costs incurred on or after the date identified in Section 5(b) upon the successful completion of activities set forth in Section 6. All reimbursements must be supported by adequate documentation requested by the Department and provided by the Grantee, and require Department approval of the Grantee’s request for reimbursement. In requesting reimbursement, the Grantee will follow the instructions supplied by the Department. (d) Payment to the Grantee for approved Project activities under this Contract will generally be in accordance with the disbursement schedule listed below: (i) Payment #1 – 50% of the grant award amount will be available after the Department receives a draft of the Project deliverables in accordance with the preliminary conference call. This draft will also serve to document that DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 27337 5 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman the Grantee is adequately proceeding toward the preparation of a complete and acceptable final product. (ii) Payment #2 – The remaining 50% of the grant award amount will be available after the Department receives a final copy of all required deliverables to be completed under the Contract, proof of matching funds, a Project completion report, and Grantee’s final request for funds. (e) The Department will not reimburse the Grantee for any costs incurred prior to the date identified in Section 5(b), any expenses not included in Exhibit B or an approved adjustment thereto, any ineligible expenses as set forth in the most current version of the MCEP Administration Guidelines for Infrastructure Planning Grants, or any expenses not adequately supported in writing by the Grantee's records. (f) As set forth in Section 17, if the Grantee fails to or is unable to comply with any of the terms and conditions of this Contract any costs incurred will be the Grantee's sole responsibility. (g) The Grantee understands and acknowledges that the Department will report to the Legislature and Legislative Interim Committees on the status of all Program projects in accordance with HB 11. If the Department determines that the Grantee has failed to commence its project in a timely manner or complete its Project by the date prescribed in this Contract, the Department may recommend to the Legislature that the Contract be terminated. If that occurs, any remaining Project funds will revert to the Department and may be used, at the Department’s discretion, to fund other Program grants. (h) The Department is allowed fifteen (15) business days to process a request for reimbursement once adequate supporting documentation has been received by the Department. The Grantee shall provide banking information before or at the time of Contract execution in order to facilitate electronic funds transfer payments. (i) If the Grantee changes one of its sources of funding or the cost of the Project increases after the Grantee has obtained the firm commitment of non-Program funds, the Department may, at its discretion, suspend the distribution of Program funds until the Grantee obtains a firm commitment of funds for the full Project budget. (j) The Department may reduce the Grantee’s amount of Program funds provided by this Contract if actual Project expenses are lower than projected by the Grantee in Exhibit B or the Grantee obtains a greater amount of grant funds from other sources than as presented in the Project application. (k) If the Department, in its sole discretion, determines that the Grantee has failed to satisfactorily carry out its responsibilities under this Contract or has breached DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 28338 6 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman the terms of this Contract, the Department may withhold reimbursement to the Grantee until such time as the Department and the Grantee agree on a plan to remedy the deficiency. (l) Requests for reimbursement for contracted or subcontracted services must include appropriate documentation demonstrating compliance with contract requirements. (m) The Grantee may not use monies provided through this Contract as payment for Project costs that are reimbursed from other sources. (n) The Department, in its sole discretion, may allow the Grantee to amend Section 6. The Department will review the following: likelihood to expend all grant funds prior to the deadline in Section 5(b); progress toward completion of the Project; good faith effort to comply with any of the duties, terms, and conditions of this Contract; and the failure to comply with any of those services, duties, terms, or conditions resulted from circumstances beyond the Grantee’s control. A written request for an amendment to Section 6 must be submitted at least sixty (60) days prior to the termination date of this Contract. Section 11. REPORTING REQUIREMENTS (a) Project Progress Reports: During the term of this Contract the Grantee will submit Project progress reports to the Department in conjunction with each request for reimbursement. These reports will describe the status of the activities set forth in Section 6, including, at a minimum, the percentage completed, costs incurred, funds remaining, and projected completion date. Additionally, the report must provide documentation supporting each claim for expenses to be reimbursed, describe any significant problems encountered in carrying out the Project, and the scope of any necessary modifications the Grantee is requesting in the Project scope of work, budget, or implementation schedule. The Department, at its sole discretion, may decline to honor any request for reimbursement if the required project progress report has not been submitted to or approved by the Department. (b) Project Completion Report: Upon completion of the Project, the Grantee will submit a final Project completion report for Department approval. The Project completion report will describe the total costs incurred for the Project, identify the final completion date, and summarize any significant problems encountered in carrying out the Project. Upon approval of the Project completion report, the Department will issue a notice of Project close-out. Section 12. PROJECT MONITORING The Department or any of its authorized agents may monitor and inspect all phases and aspects of the Grantee's performance to determine compliance with Section 6 of this Contract, the proper use of funds, and other technical and administrative requirements of DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 29339 7 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman this Contract, including the adequacy of the Grantee’s records and accounts. The Department may advise the Grantee of any specific areas of concern and provide the Grantee opportunity to propose corrective actions acceptable to the Department. Section 13. NOTICE All notices required under the provisions of this Contract must be in writing and delivered to the parties’ liaisons identified herein either by first class mail, electronic mail, or personal service. Section 14. REFERENCE TO CONTRACT The Contract number must appear on all invoices, reports, and correspondence pertaining to the Contract. If the number is not provided, the Department is not obligated to pay the invoice. Section 15. ASSIGNMENT, TRANSFER AND SUBCONTRACTING The Grantee may not assign, transfer, or subcontract any portion of this Contract without the Department's prior written consent. (§ 18-4-141, MCA). The Grantee is responsible to the Department for the acts and omissions of all Grantee’s subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the Grantee. No contractual relationships exist between any subcontractor and the Department under this Contract. Section 16. CONTRACT AMENDMENT This Contract may not be enlarged, modified, or altered without a written agreement signed by all parties to the Contract. Section 17. TERMINATION OF CONTRACT This Contract may only be terminated in whole or in part as follows: (a) Termination Due to Loss or Reduction of Funding: The Department, at its sole discretion, may terminate or reduce the scope of this Contract if any funding sources are eliminated or reduced for any reason, including as permitted by Montana Code Annotated § 18-4-313(4). If a termination or modification is required, the Department may, if sufficient Program funds are available, compensate the Grantee for eligible services rendered and actual, necessary, and eligible expenses incurred as of the revised termination date. The Department will notify the Grantee of the effective date of the termination or modification of this Contract and, if a reduction in funding is required, provide the Grantee with a modified Project budget. (b) Termination for Cause with Notice to Cure Requirement: The Department may DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 30340 8 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman terminate this Contract for failure of the Grantee, its contractors, subcontractors, or subrecipient entities to perform or comply with any of the services, duties, terms, or conditions contained in this Contract after giving the Grantee written notice of the stated failure. The written notice will demand performance of the stated failure within a specified period of time not less than thirty (30) calendar days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period. (c) Effect of Termination: In the event of termination due to the Grantee's, its contractors’, subcontractors’, or subrecipient entities’ failure to perform or comply with any of the services, duties, terms, or conditions of this Contract, any costs incurred will be the sole responsibility of the Grantee. However, at its sole discretion, the Department may approve written requests by the Grantee for reimbursement of eligible expenses incurred. The Department's decision to authorize payment of any costs incurred or to recover expended Program funds will be based on a consideration of the extent to which the expenditure of those funds represented a good faith effort of the Grantee to comply with any of those services, duties, terms, or conditions of this Contract, and on whether the failure to comply with any of those services, duties, terms, or conditions resulted from circumstances beyond the Grantee's control. Section 18. COMPLIANCE WITH APPLICABLE LAWS Grantee shall, in performance of work under this Contract, fully comply with all applicable federal, state, or local laws, rules, regulations, and executive orders including but not limited to, the Montana Human Rights Act, the Equal Pay Act of 1963, the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Grantee is the employer for the purpose of providing healthcare benefits and paying any applicable penalties, fees and taxes under the Patient Protection and Affordable Care Act [P.L. 111-148, 124 Stat. 119]. Any subletting or subcontracting by Grantee subjects subcontractors to the same provisions. In accordance with § 49-3-207, MCA, and Executive Order No. 04-2016. Grantee agrees that the hiring of persons to perform this Contract will be made on the basis of merit and qualifications and there will be no discrimination based on race, color, sex, pregnancy, childbirth or medical conditions related to pregnancy or childbirth, political or religious affiliation or ideas, culture, creed, social origin or condition, genetic information, sexual orientation, gender identity or expression, national origin, ancestry, age, disability, military service or veteran status, vaccination status, or marital status by the persons performing this Contract. Section 19. ACCOUNTING, COST PRINCIPLES, AND AUDITING (a) The Grantee, in accordance with §§ 2-7-503, 2-7-504, MCA, implementing administrative rules, and other authorities, must maintain for the purposes of this Contract an accounting system of procedures and practices that conforms to Generally Accepted Accounting Principles (“GAAP”). DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 31341 9 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman (b) The Department, any other legally authorized governmental entity, or their authorized agents may, at any time during or after the term of this Contract, conduct in accordance with §§ 2-7-503, 5-13-304, and 18-1-118, MCA and other authorities, audits for the purposes of ensuring the appropriate administration, expenditure of monies, and delivery of services provided through this Contract, at no cost to the Department. Section 20. AVOIDANCE OF CONFLICT OF INTEREST (a) The Grantee will comply with §§ 2-2-121, 2-2-201, 7-3-4256, 7-3-4367, 7-5-2106, and 7-5-4109, MCA, as applicable, and any other applicable local, state, or federal law regarding the avoidance of conflict of interest. (b) The Grantee agrees that none of its officers, employees, or agents will solicit or accept gratuities, favors, or anything of monetary value from contractors, subcontractors, or potential contractors and subcontractors, who provide or propose to provide services relating to the project funded under this Contract. (c) The Grantee shall promptly refer to the Department any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor, or other person has submitted any false claim or has committed any criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving funds provided under this Contract. Section 21. COMPLIANCE WITH WORKERS’ COMPENSATION ACT Grantees shall comply with the provisions of the Montana Workers’ Compensation Act while performing work for the State of Montana in accordance with Sections 39-71-401, 39-71-405, and 39-71-417, MCA. The Grantee accepts responsibility for supplying, and requiring all subcontractors to supply, the Department proof of compliance with the Montana Worker’s Compensation Act while performing work for the State of Montana. The Grantee agrees that neither the Grantee nor its employees are employees of the state. Proof of compliance must be in the form of workers’ compensation insurance, an independent contractor's exemption, or documentation of corporate officer status. This insurance/exemption must be valid for the entire term of the Contract. Proof of compliance and renewal documents must be sent to the Department within thirty (30) calendar days of Contract execution. Section 22. OWNERSHIP AND PUBLICATION OF MATERIALS All reports, information, data, and other materials prepared by the Grantee or any of its contractors or subcontractors in furtherance of this Contract are the property of the Grantee and the Department. Both Grantee and the Department have the royalty-free, nonexclusive, and irrevocable right to reproduce, publish, authorize others to use, and to otherwise use, in whole or part, such property and any information relating thereto. No DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 32342 10 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman material produced in whole or part under this Contract may be copyrighted or patented in the United States or in any other country without the prior written approval of both the Department and the Grantee. Section 23. INSURANCE (a) General Requirements: Grantee must maintain and assure that its representatives, assigns, and subcontractors maintain for the duration of the Contract, at their own cost and expense, primary liability insurance against claims for injuries to persons or damages to property, including contractual liability, that may arise from or in connection with the performance of the duties and obligations in the Contract by Grantee, its agents, employees, representatives, assigns, or subcontractors. This insurance must cover such claims as may be caused by any negligent act or omission. The State, its officers, officials, employees, and volunteers must be covered as additional insureds for all claims arising out of the use of grant proceeds provided by the State of Montana. (b) Primary Insurance: Grantee’s insurance coverage must be primary insurance with respect to the State of Montana, its elected or appointed officers, officials, employees, or volunteers and the State’s insurance will not contribute with it. (c) General Liability Insurance: At its sole cost and expense, Grantee must purchase and maintain occurrence coverage with minimum combined single limits of $1 million per occurrence and $2 million aggregate per year, or as established by statutory tort limits of $750,000 per claim and $1,500,000 per occurrence as provided by a self-insurance pool insuring counties, cities, or towns, as authorized under Section 2-9-211, MCA. (d) Professional Liability Insurance: Grantee shall assure that any representatives, assigns, and subcontractors performing professional services under this Contract purchase occurrence coverage with combined single limits for each wrongful act of $1,000,000 per occurrence and $2,000,000 aggregate per year. Note: if "occurrence" coverage is unavailable or cost prohibitive, the contractor may provide "claims made" coverage provided the following conditions are met: (1) the commencement date of the Contract must not fall outside the effective date of insurance coverage and it will be the retroactive date for insurance coverage in future years; and (2) the claims made policy must have a three (3) year tail for claims that are filed after the cancellation or expiration date of the policy. (e) General Provisions: All insurance coverage must be with a carrier licensed to do business in the State of Montana and with a Best’s rating of at least A-, or by a public entity self-insured program either individually or on a pool basis as provided by Title 2, MCA. All certificates and endorsements must be received by the Department prior to beginning any activity provided for under the Contract. Grantee must notify the Department immediately of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 33343 11 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman etc. The Department reserves the right to request complete copies of Grantee’s insurance policy, including endorsements, at any time. Section 24. HOLD HARMLESS AND INDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify and hold harmless State, its elected and appointed officials, officers, agents, directors, and employees from and against all claims, damages, losses and expenses, including the cost of defense thereof, to the extent caused by or arising out of the Grantee’s negligent acts, errors, or omissions in work or services performed under this Contract, including but not limited to, the negligent acts, errors, or omissions of any subcontractor or anyone directly or indirectly employed by any subcontractor for whose acts subcontractor may be liable. Claims under this provision also include those arising out of or in any way connected with the Grantee's breach of this contract, including any Claims asserting that any of the Grantee's employees are actually employees or common law employees of the State or any of its agencies, including but not limited to, excise taxes or penalties imposed on the State under Internal Revenue Code (“Code”) §§ 4980H, 6055 or 6056. Section 25. DEFAULT Failure on the part of either party to perform the provisions of the Contract constitutes default. Default may result in the pursuit of remedies for breach of contract as set forth herein or as otherwise legally available, including but not limited to damages and specific performance. Section 26. DEBARMENT The Grantee certifies and agrees to ensure during the term of this Contract that neither it nor its principals, contractors, subcontractors, or subrecipient entities are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Contract by any governmental department or agency. Section 27. FORCE MAJEURE Neither party will be liable for any failure or delay in performing its duties in this agreement due to Force Majeure Events. “Force Majeure Event” means an event or circumstance beyond a party’s reasonable control, such as natural catastrophes and acts of terrorism or war, and the consequences of that event or circumstance. Force Majeure Event does not include a strike or other labor unrest that affects only that party, an increase in prices or other change in general economic conditions, a change in law, or an event or circumstance that results in that Party’s not having sufficient funds to comply with an obligation to pay. If a Force Majeure Event continues for 30 days, the other party may terminate this agreement or suspend payments while the event continues. DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 34344 12 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman Section 28. SEPARABILITY A declaration by any court, or any other binding legal forum, that any provision of the Contract is illegal or void shall not affect the legality and enforceability of any other provision of the Contract, unless the provisions are mutually dependent. Section 29. ARBITRATION Unless otherwise agreed to in writing or provided for by law, arbitration is not available to the parties as a method of resolving disputes that would arise under the Contract. Section 30. NO WAIVER OF BREACH No failure by the Department to enforce any provisions hereof after any event of breach will be deemed a waiver of its rights regarding that event, or any subsequent event. No express failure of any event of breach will be deemed a waiver of any provision hereof. No such failure or waiver will be deemed a waiver of the right of the Department to enforce each and all the provisions hereof upon any further or other breach on the part of the Grantee. Section 31. JURISDICTION AND VENUE This Contract is governed by the laws of Montana. The parties agree that any litigation concerning this Contract must be brought in the First Judicial District in Lewis and Clark County, State of Montana and each party must pay its own costs and attorney fees, except as provided in Section 24, Hold Harmless and Indemnification Remainder of page intentionally left blank. DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 35345 13 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman Section 32. INTEGRATION The Contract contains the entire agreement between the parties. No statements, promises, or inducements of any kind made by either party or the agents of either party, not contained herein or in a properly executed amendment hereto are valid or binding. The parties through their authorized agents have executed this Contract on the dates set out below. GRANTEE: Chuck Winn, Interim City Manager Date City of Bozeman ATTEST: Mike Maas, City Clerk APPROVED AS TO FORM: Greg Sullivan, City Attorney DEPARTMENT: Mandy Rambo, Deputy Director Date DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 6/6/2024 6/6/2024 36346 14 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman EXHIBIT A Implementation Schedule TASK MONTH PROJECT START UP Preparation of MDOC Contract May 2024 PROCUREMENT OF PROFESSIONAL ASSISTANCE Submit Request for Proposals to DOC for approval, if required June 2024 Publish RFP July 2024 Select professional August 2024 Execute agreement with professional September 2024 PROJECT IMPLEMENTATION Prepare draft deliverables March 2025 Submit interim Request for Funds, Progress Report and draft deliverables May 2025 Public review and comment July 2025 Finalize deliverables September 2025 PROJECT CLOSE OUT Submit final deliverables December 2025 Submit final Request for Funds and Completion Report March 2026 DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 37347 15 of 15 Montana Coal Endowment Program Contract # MT-MCEP-PL-25-015 Montana Department of Commerce City of Bozeman EXHIBIT B Budget SOURCE: MCEP SOURCE: Local TOTAL Professional Engineering Services $40,000 $10,000 $50,000 DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 38348 Contract Information Sheet Division staff are required to complete the items in blue print.Last Revised September 2023 Contract Number:MT-MCEP-PL-25-015 Original Contract Amount:40,000.00 Contractor's Name:City of Bozeman Amount of Prior Amendments: Contractor Liaison:Jamie Grabinski Current Amendment Amount: Contractor's Liaison Email:jgrabinski@bozeman.net Total Contract Value:40,000.00 Approved to Form Name:Greg Sullivan Approved to Form Email:gsullivan@bozeman.net Funding Source:State Contractor (signee) Name:Chuck Winn Contractor's Email:cwinn@bozeman.net Program Number/Division:60 - Community MT Contractor's Address:121 N Rouse St, Suite 201 Org Number:608025 Contractor's Address 2:Bozeman, MT 59715 Vendor Number:23437 Attest Name:Mike Maas Project Name (optional):MCEP-PL-25-015 Attest Email:mmaas@bozeman.net Start Date:Upon execution Delegation:Commerce End Date:3/31/2026 Procurement Method:Exempt*Absolute End Date: Contract Type:Grant Contract Usage:Fixed Liaison:Alisha Oellermann Program Manager:scrider@mt.gov Liaison Email:alisha.oellermann2@mt.gov Bureau Chief:galen.steffens@mt.gov Liaison Phone:406-841-2226 Additional Email: Signatures:Copies To: Division Administrator Liaison Fiscal Review Director (> $200K) Legal Counsel Deputy Director (<$25K) Deputy Director Perceptive OBPP Information Technology SITSD Delegation Agreement Section 5.1 * Grants with governments. Stormwater preliminary engineering report. The proposed project is to develop a preliminary engineering report (PER) to evaluate options to mitigate the existing flood hazard to Bozeman, Montana by Bozeman Creek concentrated in downtown Bozeman near the Main Street area, a major thoroughfare in the city as well as a critical artery to the local hospital. Purpose of this contract/amendment: Scope & duties of this contract: DocuSign Envelope ID: FE8D4ED8-00AE-430E-84D7-314CF46EFC3D 6/6/2024 6/6/2024 6/6/2024 39349 Certificate Of Completion Envelope Id: FE8D4ED800AE430E84D7314CF46EFC3D Status: Completed Subject: Montana Department of Commerce Contract #MT-MCEP-PL-25-015 for Signature Source Envelope: Document Pages: 16 Signatures: 7 Envelope Originator: Certificate Pages: 6 Initials: 0 Contracts Admin AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) PO Box 200501 301 S. Park Ave Helena, MT 596200501 doccontracts@esign.mt.gov IP Address: 161.7.39.7 Record Tracking Status: Original 6/6/2024 8:06:18 AM Holder: Contracts Admin doccontracts@esign.mt.gov Location: DocuSign Signer Events Signature Timestamp Mandy Rambo Mandy.rambo@mt.gov Deputy Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 6/6/2024 8:22:07 AM Viewed: 6/6/2024 8:31:41 AM Signed: 6/6/2024 8:31:47 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Judy Clay judy.clay@mt.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 6/6/2024 8:31:48 AM Viewed: 6/6/2024 9:00:37 AM Signed: 6/6/2024 9:01:46 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 9:00:37 AM ID: e93e2780-0876-4228-88d5-b5152eaf6bf6 Bonnie Martello bmartello@mt.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 6/6/2024 9:01:48 AM Viewed: 6/6/2024 9:28:40 AM Signed: 6/6/2024 9:28:45 AM Electronic Record and Signature Disclosure: Accepted: 9/23/2016 10:59:41 AM ID: 1b1b08d4-a7e2-4780-be4c-48c085b25cec Chuck Winn cwinn@bozeman.net Assistant City Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 69.145.53.144 Signed using mobile Sent: 6/6/2024 9:28:47 AM Viewed: 6/6/2024 9:52:56 AM Signed: 6/6/2024 9:53:34 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 9:52:56 AM ID: 0990dcbf-c2d5-4a03-afd7-0076d7c86569 40350 Signer Events Signature Timestamp Greg Sullivan gsullivan@bozeman.net Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 6/6/2024 9:53:36 AM Viewed: 6/6/2024 10:21:26 AM Signed: 6/6/2024 10:21:47 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 10:21:26 AM ID: 8fed6de1-2a44-4ae0-9010-409db3fbcb85 Mike Maas mmaas@bozeman.net Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 6/6/2024 10:21:49 AM Viewed: 6/6/2024 11:05:16 AM Signed: 6/6/2024 11:05:30 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 11:05:16 AM ID: a24cfe0b-9712-415f-9fdf-256bfa1ad5b6 Mandy Rambo Mandy.rambo@mt.gov Deputy Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 6/6/2024 11:05:32 AM Viewed: 6/6/2024 11:20:57 AM Signed: 6/6/2024 11:21:03 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Stephanie Crider scrider@mt.gov Security Level: Email, Account Authentication (None) Sent: 6/6/2024 8:22:07 AM Viewed: 6/6/2024 9:32:03 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 9:10:49 AM ID: 3861279e-9843-4a2a-a966-da31b2937534 Jamie Grabinski jgrabinski@bozeman.net Security Level: Email, Account Authentication (None) Sent: 6/6/2024 8:22:07 AM Viewed: 6/6/2024 8:45:14 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign 41351 Carbon Copy Events Status Timestamp Alisha Oellermann Alisha.Oellermann2@mt.gov Security Level: Email, Account Authentication (None) Sent: 6/6/2024 8:22:08 AM Electronic Record and Signature Disclosure: Accepted: 5/24/2024 1:58:08 PM ID: 2c0129a1-8997-4983-bc4f-f342fbde93f5 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/6/2024 8:22:08 AM Certified Delivered Security Checked 6/6/2024 11:20:57 AM Signing Complete Security Checked 6/6/2024 11:21:03 AM Completed Security Checked 6/6/2024 11:21:03 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 42352 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, MT Dept of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the ‘I agree’ button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after signing session and, if you elect to create a DocuSign signer account, you may access them for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures Electronic Record and Signature Disclosure created on: 10/7/2014 8:41:47 AM Parties agreed to: Judy Clay, Bonnie Martello, Chuck Winn, Greg Sullivan, Mike Maas, Stephanie Crider, Alisha Oellermann 43353 electronically from us. How to contact MT Dept of Commerce: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: doccontracts@mt.gov To advise MT Dept of Commerce of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at doccontracts@mt.gov and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in the DocuSign system. To request paper copies from MT Dept of Commerce To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to doccontracts@mt.gov and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with MT Dept of Commerce To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to doccontracts@mt.gov and in the body of such request you must state your e-mail, full name, US Postal Address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X Browsers: Final release versions of Internet Explorer® 6.0 or above (Windows only); Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above (Mac only) PDF Reader: Acrobat® or similar software may be required to view and print PDF files Screen Resolution: 800 x 600 minimum Enabled Security Settings: Allow per session cookies ** These minimum requirements are subject to change. If these requirements change, you will be asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and browsers are not supported. Acknowledging your access and consent to receive materials electronically 44354 To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the ‘I agree’ button below. By checking the ‘I agree’ box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify MT Dept of Commerce as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by MT Dept of Commerce during the course of my relationship with you. 45355