HomeMy WebLinkAbout06-25-24 City Commission Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B. Pledge of Allegiance and a Moment of Silence
C. Changes to the Agenda
D. Public Service Announcements
E. FYI
F. Commission Disclosures
G. Approval of Minutes
G.1 Approve the Regular Meeting Minutes from: Â 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 .
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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
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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.
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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.
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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:
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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 304 BOZEMAN MT 59718Operating2448716/7/23 $46.92 PACELLA ELIZABETH 1140 N 27TH AVE UNIT 4 BOZEMAN MT 59718
Operating 244992 6/14/23 $20.86 PACELLA ELIZABETH 1140 N 27TH AVE UNIT R BOZEMAN MT 59718
Stale Operating Checks $12,012.55
18
Bank Acct Check #Date Amount Business Name/Last Name First Name Address City State Zip
Court 17436 08/16/22 $20.00 Alshahrani Nawaf Saeed 1017 MISSOULA AVE BOZEMAN MT 59715
Court 17445 08/16/22 $100.00 Woop Aaron 3402 LAREDO DR BOZEMAN MT 59718
Court 17465 08/18/22 $100.00 Peak Bozeman LLC 3482 PARKWAY AVE BOZEMAN MT 59718
Court 17472 08/24/22 $280.00 Spiegel Alex 2137 S 11TH AVE #325 BOZEMAN MT 59715
Court 17477 08/24/22 $135.00 Reynolds Casey 1104 S MONTANA AVE APT A2 BOZEMAN MT 59715
Court 17484 08/26/22 $25.00 Thorson Tyler 3055 16TH AVE APT 3 BOZEMAN MT 59715
Court 17490 08/26/22 $75.00 Owens Hailey Elizabeth 3501 RAVALLI ST BOZEMAN MT 59718
Court 17498 08/26/22 $325.00 Canfield Sarah Katharine 412 LOVELL AVE BOZEMAN MT 59715
Court 17500 08/27/22 $550.00 Rubero Jessica 407 1/2 S 20TH AVE BOZEMAN MT 59718
Court 17501 10/03/22 $150.00 Peak Bozeman LLC 3482 PARKWAY AVE BOZEMAN MT 59718
Court 17557 10/24/22 $65.00 GUINN CHARLES CLAYTON 3487 S 27TH AVE BOZEMAN MT 59718
Court 17561 10/24/22 $750.00 SCHMIT BRIAN ANTHONY 243 ALDRICH AVE SOUTH MINNEAPOLIS MN 55405
Court 17589 10/24/22 $85.00 BARNARD DAVID LYLE HELENA PRE-RELEASE HELENA MT 59624
Court 17605 11/25/22 $31.52 RAISLER VICKIE 2376 GALLATIN GREEN BLVD #3 BOZEMAN MT 59718
Court 17618 11/25/22 $175.00 KINSER CINDY 213 MINERAL AVE BOZEMAN MT 59718
Court 17619 11/25/22 $35.00 MUND JESSE AARON 3274 SHALLOWFORD CIR BIRMINGHAM AL 35216
Court 17621 11/25/22 $53.83 PIZZA HUT 2300 W MAIN ST BOZEMAN MT 59718
Court 17622 11/25/22 $40.00 PAPA JOHN'S 404 N 7TH AVE BOZEMAN MT 59715Court1762411/25/22 $137.23 SMOKER FRIENDLY CIGAR STORE 703 W MENDENHALL ST BOZEMAN MT 59715
Court 17625 11/25/22 $23.00 DOMINOS PIZZA 203 N 7TH AVE BOZEMAN MT 59715
Court 17631 11/25/22 $45.00 GILKERSON MICHAEL TODD PSC 46 BOX 937 APO AE 9469Court1763211/25/22 $5.00 GILKERSON MICHAEL TODD PSC 46 BOX 937 APO AE 9469
Court 17637 11/25/22 $111.50 LOAF N JUG 707 W COLLEGE ST BOZEMAN MT 59715
Court 17638 11/25/22 $406.16 BREDVIK JOHN PAUL 257 MIDDLE COTTONWOOD LN BOZEMAN MT 59715
Court 17642 11/25/22 $150.00 LESHELLE AMANDA 3006 SECOR AVE BOZEMAN MT 59715
Court 17644 11/25/22 $63.58 SMITHS
Court 17656 11/25/22 $50.00 TRETTIN DENAY 147 DOGWOOD DR BOZEMAN MT 59715
Court 17657 11/25/22 $80.00 STATE OF MT PROBATION & PAROLE 2273 BOOT HILL CT APT 130 BOZEMAN MT 59715
Court 17660 11/25/22 $210.00 ULTA BEAUTY SALON 1000 REMINGTON BLVD STE 120 BOLINBROOK IL 60440
Court 17676 11/26/22 $116.00 YOUNG CYNTHIA 2715 TSCHACHE LN BOZEMAN MT 59715
Court 17677 11/26/22 $116.66 TATE MERE PO BOX 4027 BOZEMAN MT 59772
Court 17681 11/26/22 $1,926.95 REDGRAVE PHILLIP JOHN 230 WATERLILY DR APT 16 BOZEMAN MT 59718
Court 17732 12/01/22 $615.00 TATE FORREST PO BOX 4027 BOZEMAN MT 59772
Court 17733 12/01/22 $10.00 RODRIGUEZ REBECCA MICHELLE 1474 MAE ST BOZEMAN MT 59715
Court 17734 12/01/22 $10.00 EGGERS JEFFREY JOSEPH 14 DUKE LN HARRISON MT 59735
Court 17735 12/01/22 $215.00 GARCIA CREEDE NICHOLAS 407 PRAIRIE AVE BOZEMAN MT 59718
Court 17737 12/01/22 $150.00 OSTRANDER DONALD PO BOX 279 WHITEHALL MT 59759
Court 17738 12/01/22 $40.00 VAYO MATT 872 LONGBOW LN BOZEMAN MT 59715
Court 17739 12/01/22 $60.00 VAYO MATT 872 LONGBOW LN BOZEMAN MT 59715
Court 17740 12/01/22 $90.00 DAVIS GABRIEL 975 JESSIE'S WAY BOZEMAN MT 59715
Court 17742 12/01/22 $10.00 HERRERA CARLOS M 823 CANYON VIEW RD BOZEMAN MT 59715
Court 17746 12/01/22 $10.00 MACKENZIE TYLER COLYN 480 ENTERPRISE BLVD UNIT 5 BOZEMAN MT 59715
Court 17748 12/01/22 $65.00 DRISCOLL WYATT B 4518 ETHAN WAY BOZEMAN MT 59718Court1775012/01/22 $5.00 AUSTIN ANDREW ROBERT 605 N BOZEMAN AVE BOZEMAN MT 59715
Court 17764 12/01/22 $30.00 MARTINEZ LORI 501 RED OAK DR BELGRADE MT 59714
Court 17796 12/04/22 $45.00 SMALLCOMB JEFFREY THOMAS 721 COOPER ST MISSOULA MT 59802
19
Court 17819 12/05/22 $49.57 HOLT REBECCA LYNN 1701 W PARK AVE LIVINGSTON MT 59747
Court 17831 12/05/22 $740.00 IBARRA NOEL FRAIRE 58 E CROSS TOWN CT BELGRADE MT 59714
Court 17835 12/05/22 $30.00 CURRIER CHRISTOPHER TODD 1025 N TIPPECANOE AVE UNIT 156 SAN BERNARDINO CA 92410
Court 17839 12/05/22 $165.00 SANCHEZ JACOB ANDRES 4160 FOREST AVE WINNEMUCCA NV 89445
Court 17848 12/05/22 $50.00 SHELLEY JOSIAH MONTGOMERY 225 PIONEER DR APT 31 BOZEMAN MT 59715
Court 17854 12/15/22 $100.00 NICHOLS BRYANT ROGER NO address
Court 17855 12/15/22 $110.00 NICHOLS BRYANT ROGER NO address
Court 17859 12/21/22 $100.00 COCHRELL TANER 16 KLUCE RD DRUMMOND MT 59832
Court 17862 12/21/22 $65.00 KOCH KURTIS RICHARD 1013 POWERS BLVD BELGRADE MT 59714
Court 17877 12/29/22 $65.00 CRESPIN ROBERT JAY 89 NAOMI ROSE LN UNIT B BOZEMAN MT 59718
Court 17887 01/11/22 $695.00 MCLAUGHLIN SCOTT ANDREW 4876 S COTTONWOOD LN SALT LAKE CITY UT 84117
Court 17898 02/06/23 $10.00 ARGUETA-GUTIER FRANKLIN SAMUEL 113 WHELLER MOUNTAIN WAY BOZEMAN MT 59718Court1790702/06/23 $65.00 GREFF JAXIN SHAYE 1481 N 25TH AVE UNIT 216 BOZEMAN MT 59718
Court 17921 02/06/23 $100.00 MCGREGOR WYATT SESSIONS 507 S 20TH AVE BOZEMAN MT 59718
Court 17922 02/06/23 $115.00 CARNEFIX MELISSA 6787B 109TH ST EWA BEACH HI 96706Court1793002/06/23 $350.00 SNOBERGER TRAVIS 1465 W ODELL CASPER WY 82604
Court 17941 02/06/23 $1,950.33 STATE FARM INSURANCE PO BOX 661001 DALLAS TX 75766
Court 17969 02/24/23 $55.00 NORCUTT CIERRA TAYLOR 740 HAGGERTY LN APT #202 BOZEMAN MT 59715
Court 17973 02/24/23 $250.00 WELLS STEVEN 3155 CATTAIL ST, APT A BOZEMAN MT 59718
Court 17975 02/24/23 $485.00 KAUTZ TAMI 7 SHANNON DR LIVINGSTON MT 59047
Court 17986 03/01/23 $20.00 MCCUMBER-WIEBER VALERIE LYNN 720 HAGGERTY LN UNIT 202 BOZEMAN MT 59715
Court 17989 03/01/23 $115.00 SADDORIS SAMUEL ELIJIAH 221 S 12TH AVE UNIT C BOZEMAN MT 59715
Court 18003 03/09/23 $250.00 MORRIS ECOLE 705 CHENOWETH LOOP W THE DALLES OR 97058
Court 18010 03/16/23 $10.00 BRADLEY JEFFREY ARNOLD 100082 TAG ALONG RD GALLATIN MT 59752
Court 18019 03/16/23 $0.50 NORMILE ARIC COLLIN 934 SAXON WAY B BOZEMAN MT 59718
Court 18023 03/16/23 $23.05 WELCH KENDRA NICOLE PO BOX 2167 BOZEMAN MT 59715
Court 18051 03/31/23 $215.00 WINSOR HARRY NIKOLAY 1128 STUCKY RD APT 206 BOZEMAN MT 59715
Court 18062 04/07/23 $1,100.00 DAUNTE VALONDRA 374 KIMBALL AVE BOZEMAN MT 59718
Court 18091 04/21/23 $100.00 CAMPBELL CEDRIC JERMAINE 7TH AVE BOZEMAN MT 59715
Court 18100 04/21/23 $165.00 ILARIA JOHN STEPHEN 31842 FRONTAGE RD BOZEMAN MT 59715
Court 18103 04/21/23 $175.00 KLEIN DAVID 108 S 20TH APT C BOZEMAN MT 59715
Court 18112 04/21/23 $1.49 NORTHWEST PAWN BOZEMAN MT 59715
Court 18113 04/21/23 $14.38 Peak Bozeman LLC 3482 PARKWAY AVE BOZEMAN MT 59718
Court 18114 04/21/23 $183.66 SPRINGHILL SUITES 1601 BAXTER LN BOZEMAN MT 59715
Court 18116 04/21/23 $1,635.00 BALL STEPHEN 3230 N 27TH AVE UNIT 205 BOZEMAN MT 59715
Court 18117 04/21/23 $120.00 TASKER JOSEPH MACDONALD 725 YALE AVE BUTTE MT 59701
Court 18130 04/24/23 $255.00 COVVEON ANA RUTH NO address BOZEMAN MT 59715Court1815805/08/23 $5.00 ANDERSON DILLON JEROME 63 KIMBALL AVE UNIT A BOZEMAN MT 59715
Court 18164 05/08/23 $100.00 SNYDER JASMINE 2211 GALLATIN GREEN BLVD BOZEMAN MT 59718
Court 18191 05/19/23 $165.00 BANKS MARIE LORENE 112 MINERAL AVE BOZEMAN MT 59718
Court 18201 05/19/23 $1,200.00 DURAN GRACIELA 302 10TH ST BELGRADE MT 59714
Court 18206 05/19/23 $65.00 MACNEILL SCOTT DANIEL 235 SNOWY MTN CIR, STE 2 PMB 15 GALLATIN GATEWAY MT 59703
Court 18208 05/19/23 $100.00 MARTIN CURTIS MICHAEL PO BOX 912 WHITE SULFER SPRINGS MT 59645
Court 18211 05/19/23 $43.57 Peak Bozeman LLC 3482 PARKWAY AVE BOZEMAN MT 59718
Court 18215 05/19/23 $40.00 SPIEGEL ALEXANDER LEE 2137 S 11TH AVE APT 325 BOZEMAN MT 59715
Court 18230 05/31/23 $500.00 FLORES JESUS RUBEN DE LA RIVA PO BOX 1207 THREE FORKS MT 59751
Court 18231 05/31/23 $100.00 BAROY JOHN 302 S BOZEMAN AVE BOZEMAN MT 59715
Court 18242 05/31/23 $532.96 OKEEFE CARLIE 228 S 18TH AVE BOZEMAN MT 59715
20
Court 18243 05/31/23 $50.00 RUBERO JESSICA 407 1/2 S 20TH AVE BOZEMAN MT 59718
Court 18254 06/09/23 $34.95 RENO CHARETTE 30 34TH ST W #307 BAYARD NM 88023
Court 18258 06/09/23 $90.00 CRUZ DAVID DANIEL PO BOX 342 HURLEY NM 88043
Court 18273 06/09/23 $120.00 STOLL REID 616 N ROUSE AVE BOZEMAN MT 59715
Court 18285 06/21/23 $185.00 CHABALOWSKI WILLIAM KANE 901 SCENETIC TRAIL UNIT 10 LIVINGSTON MT 59047
Court 18289 06/21/23 $150.50 HARNED PETER 17 W LAMME ST APT 204 BOZEMAN MT 59715
Court 18291 06/21/23 $165.00 JENTGEN FINN FREDIC 1128 CAMPUS BLVD UNIT 204 BOZEMAN MT 59715
Court 18298 06/21/23 $300.00 SCHNEE'S 35 E MAIN ST BOZEMAN MT 59715
Court 18303 06/21/23 $30.00 SUAZO DIAZ ELMER ARON 907 SPRUCE CONE DR GALLATIN GATEWAY MT 59716
Court 18310 06/21/23 $40.00 WALKER TYLER MCQUILLEN 503 N 16TH AVE BOZEMAN MT 59715
Court 18311 06/21/23 $25.00 WALKER TYLER MCQUILLEN 503 N 16TH AVE BOZEMAN MT 59715
Court 18312 06/21/23 $31.00 YOUNG CYNTHIA 2715 TSCHACHE LN BOZEMAN MT 59715
Stale 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
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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
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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
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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
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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
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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”).
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(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
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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,
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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.
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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
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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
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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
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EXHIBIT B
Budget
SOURCE:
MCEP
SOURCE:
Local
TOTAL
Professional
Engineering Services
$40,000 $10,000 $50,000
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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:
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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
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43353
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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.
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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
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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).
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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).
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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
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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)
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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).
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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
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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,
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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.
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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
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(“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
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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.
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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
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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.
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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.
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**** 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
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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
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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
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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
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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:
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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 ****
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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
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EXHIBIT A
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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 ****
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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
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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
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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,
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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.
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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
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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
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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
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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
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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
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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”).
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(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
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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,
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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.
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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.
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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
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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
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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
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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:
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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
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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
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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. 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
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At any time, you may request from us a paper copy of any record provided or made available
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send you paper copies of any such documents from our office to you, you will be charged a
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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
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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
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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
144331
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
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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..
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** These minimum requirements are subject to change. If these requirements change, you will be
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browsers are not supported.
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
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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 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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 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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.
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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
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Ordinance 2157
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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
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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.
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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.
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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;
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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,
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Ordinance 2157
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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.
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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,
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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.
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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
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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
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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
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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
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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
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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”).
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(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
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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,
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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.
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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
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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
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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
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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
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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
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145332
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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
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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
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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
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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
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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
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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
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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
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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”).
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(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
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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,
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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.
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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.
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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
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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
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EXHIBIT B
Budget
SOURCE:
MCEP
SOURCE:
Local
TOTAL
Professional
Engineering Services
$40,000 $10,000 $50,000
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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:
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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
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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
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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.
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