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10-08-24 City Commission Agenda and Packet Materials
A. Call Special Meeting to Order - 5:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence or Mindfulness C. Changes to the Agenda D. FYI E. Commission Disclosures F. Consent F.1 Accounts Payable Claims Review and Approval (Armstrong) F.2 Authorize Mayor to approve the DNRC grant agreement for the Branch Out Bozeman Volunteer Planting Project.(Nordquest) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, October 8, 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. At the direction of the City Commission, anonymous public comments are not distributed to the City Commission or staff. 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 1 F.3 Authorize the Mayor to approve the DNRC grant agreement for the Branch Out Bozeman Tree Canopy Map Coaching Project(Nordquest) F.4 Authorize Mayor to approve the Gallatin County Sheriff's Office agreement for the Missouri River Drug Task Force grant.(Veltkamp) F.5 Authorize the City Manager to execute Task Order No. 7 of the Professional Services Master Task Order Agreement with the firm of HDR Engineering, Inc. providing engineering services for the East Gallatin River Streambank Erosion Protection Project, CIP No. WW111(Nielsen) F.6 Authorize the City Manager to sign a Professional Services Agreement with the firm of AE2S providing engineering design services for the Interim Optimization Improvements Project at the City of Bozeman's Sourdough Water Treatment Plant(Nielsen) F.7 Professional Services Agreement with Green Infrastructure Center for Tree Canopy Coaching.(Nordquest) F.8 Authorize the City Manager to Sign an amendment # 2 with Jacobs Engineering Group Inc. for Federal Transportation Grant Writing Services(Ross) F.9 Resolution 5597, A Resolution of Adoption to Amend the Bozeman Community Plan 2020 to Integrate the "Bozeman Health Sub-Area Plan" as a Neighborhood Plan under the Bozeman Community Plan 2020, Including Revisions to the Future Land Use Map; Application 24118(Rogers) F.10 Ordinance 2173, Provisional Adoption, Establishing a Zoning Designation of B-2M, Community Commercial-Mixed District, on Property Located on the Southeast Corner of West Babcock and South 20th Street on 0.421 Acres, the 1920 West Babcock Zone Map Amendment, Application 24024(Rogers) G. Action Items G.1 Resolution 5612 Annual Assessment for Business Improvement District (BID) for Fiscal Year 2025(Hodnett) G.2 Resolution 5623, Establishing and Affixing the Number of Mills to be Charged Against the Assessed Valuation of All Taxable Property Situated Within the Corporate Jurisdictional Boundaries of the City for Fiscal Year 2024-2025 (FY25)(Hodnett) G.3 Ordinance 2172: Ordinance Repealing Chapter 34, Article 9 and Chapter 20, Articles 1 and 2 of the Bozeman Municipal Code, and Establishing Chapter 2, Article 8, Division 2 Prohibiting Camping on Public Property and the Public Right-of-Way and Authorizing the Establishment of a Permit System for Limited Camping on the City Right-Of-Way for Persons Experiencing Homelessness.(Saverud) G.4 Resolution 5650: Resolution Establishing the Fee for a Permit to Camp on the Right-of- Way.(Saverud) Consider the Motion: I move to approve Commission Resolution No 5612. Consider the Motion: I move to approve Resolution 5623. Consider the Motion: I move to adopt Ordinance 2172. 2 H. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission I. FYI / Discussion J. Adjournment Consider the Motion: I move to adopt Resolution 5650, establishing the fee for a permit to camp on the right-of-way. This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name, and state whether you are a resident of the city or a property owner within the city 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. City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our Acting ADA Coordinator, Max Ziegler, at 406.582.2439. Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 3 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:October 8, 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 October 9th, 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: August 21, 2024 4 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Grants Coordinator Alex Nordquest, Forestry Division Manager SUBJECT:Authorize Mayor to approve the DNRC grant agreement for the Branch Out Bozeman Volunteer Planting Project. MEETING DATE:October 8, 2024 AGENDA ITEM TYPE:Grant RECOMMENDATION:Approve consent agenda item STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND:This is a grant agreement from the State of MT DNRC for the Branch Out Bozeman tree planting and volunteer/community engagement initiative. The grant is for $20,000 for the Forestry Division to partner with the community to increase planting efforts, launch a tree voucher program and increase Bozeman's tree canopy. The key outcomes will plant approximately 40 trees in parks and boulevards and provide up to 50 tree vouchers for $100 off the purchase of a tree to landowners in disadvantaged areas. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:Total expenditures are expected to be $20,000. Expenditures will be made in the Forestry/Tree Maintenance fund and may require a future budget amendment. Attachments: 2024-04_Branch_Out_Bozeman_grant_packet.pdf Report compiled on: August 28, 2024 5 Grant Instructions and Grant Routing Form To ensure appropriate use, consistency and tracking of grants use this set of general instructions and Grant Routing Form are provided. All grants regardless of amount are required to be approved by The City of Bozeman Commission prior to receiving the grant award. Step One: Giving Notice of Intent to Apply Give notice of your intent to apply for the grant by submitting the Grant Routing Form. Submit the form via DocuSign* to the appropriate supervisor (typically department Director) and the Finance Director. Save a copy of the submittal. The grant tracking number field can be left blank until the grant is awarded. Per Administrative Order 2014-01 the City Manager and City Commission are required to be notified within 30 days of all grant applications exceeding $20,000. Step Two: Obtain Grant Tracking Number for Awarded Grants Once a grant is awarded, contact the City Clerk’s office at 406-582-2030 to request a grant tracking number. The official grant acceptance is contingent on City Commission approval. Step Three: Re-Route for Final Signatures Insert the grant tracking number on the Grant Routing Form and reroute the form via *DocuSign for signatures. Step Four: Commission Approval Work with Division Director, City Manager, and the City Clerk to get the awarded grant prepared for City Commission approval. If you need assistance in reviewing the grant terms, contact the City Attorney’s Office to request a review of the grant terms before placing the item on the Consent agenda. All agreements require City Commission authorization regardless of dollar amount. Agreements will be retained by the City Clerks’ Office. *Each Division has staff assigned with DocuSign access. Using a single DocuSign “envelope” will allow the same tracking form to move through the steps of the process and the signature matrix. Reach out to the City Clerk’s Office for initial assistance sending your envelope. Grant Not Awarded: If your application is NOT awarded, the application materials must be retained by the applying department in accordance with Records Retention Schedule 8. DocuSign Envelope ID: 0EA6E5ED-6D5D-4F9E-A337-412BB0F2379BDocusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 6401 Grant # (issued by City Clerk) Grant Name Grant Project Manager Department Person Responsible for Financial Reporting Person Responsible for Performance Reporting & Close Out *Note: this person is also reseponsible for record retention requirements. Grant Source Federal State Other CDFA # (Federal Only)Fiscal year of award Grant Amount Included in Budget? Match Requirement (%)Budget Account Code Match Amount Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur. Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses? Desctibe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?): Process Phase / Signature Matrix City Clerk Commission Date Notice of Intent Application Award/Contract City Manager City of BozemanGrant Routing Form Department Director (I understand and will carry out the provisions of the grant) Finance Director Grant Routing Form May 2023 Describe the nature of the grant and eligible uses: Branch Out Bozeman: Volunteer Planting Projects Alex Nordquest Parks & Rec (Forestry Div) Alex Nordquest Alex Nordquest FY24 25220 Yes 0.00%112-7710-454-20-99 $ 0.00 No No This grant is available through MT Dept of Natural Resources, Urban & Community Forestry to distribute Inflation Reduction Act funding for Urban Forestry Programs. Our application seeks funding to purchase trees for our volunteer/community engagement initiative, Branch Out Bozeman. Grant funds would also provide support for our main nonprofit partner, Gallatin Watershed Council. Eligibile uses include the direct purchase of tools & supplies, and contracted services. The no match requirement means we'd simply track receipts on purchases of trees and associated supplies. There will be a one-time followup report, submitted online, at the conclusion of the 24 month project period (tentatively starting May 2024). Receipts will be copied for purchased items and entered on the final report. DocuSign Envelope ID: 0EA6E5ED-6D5D-4F9E-A337-412BB0F2379B 2024-04 Grant Awarded waiting on clerks for grant number n/an/an/an/aNo routing form for application Yes 20,000 10.727 Federal pass through State DNRC X Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 10/8/2024 7402 FY24 DNRC Forestry Subaward Page 1 of 13 Subaward Agreement Number: UCF-24-306 Maximum Award Amount Available: $ 20,000.00 Source of Funds: Federal Award Federal Assistance Listing Number: 10.727, Inflation Reduction Act Urban & Community Forestry Program Federal Award Identification: USDA USFS Grant # 23-DG-11010000-031 Inflation Reduction Act-Urban & Community Forestry State Allocations; executed on 7/27/2023, from the United States Department of Agriculture (USDA) – Forest Service (USFS) Federal Authority: Cooperative Forestry Assistance Act, P.L. 95-313 as amended,16 USC 2105 and Public Law 117-169, Subtitle D, Section 23003(a) DNRC Funding Pass-Through Org: 5114823 Fund: 03160 Subclass: 555YT Expiration: See Section 2.1, Period of Performance Approvals Drafter Program Fiscal Legal JF JK LP MP SUBRECIPIENT Name: City of Bozeman Federal Tax ID #: 81-6001238 UEI: EEAPKALAEM35 Address: 121 N Rouse Avenue City, State, Zip+4: Bozeman, MT 59715-3740 This Subaward Agreement, hereinafter referred to as “Subaward”, is accepted by City of Bozeman, hereinafter referred to as the “Subrecipient”, according to the following terms and conditions. The purpose of this Subaward is to establish mutually agreeable terms and conditions, specifications, and requirements to grant funds to the Subrecipient. SUBAWARD AGREEMENT between CITY OF BOZEMAN and the MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 8403 FY24 DNRC Forestry Subaward Page 2 of 13 SECTION 1. PROGRAM PROVISIONS This Subaward is offered by the Urban and Community Forestry Program of the Montana Department of Natural Resources and Conservation, Forestry and Trust Lands Division, hereinafter referred to as “DNRC”. This Subaward, awarded and administered by the DNRC using grant funds awarded by the USFS, is consistent with the policies, procedures, objectives, and intent of the listed Federal Authority and of the Urban and Community Forestry (UCF) Inflation Reduction Act grant program. The federal program has location requirements for project activities. Projects must take place entirely within disadvantaged communities as identified in the Climate and Economic Justice Screen Tool (CEJST) or the EPA Environmental Justice and Screening Mapping Tool (EJScreen), as shown in the Montanan Urban and Community Forestry Grant Tool. Projects must benefit communities through eligible UCF program activities such as, but not limited to, urban wood utilization, urban food forests, extreme heat mitigation and workforce development. SECTION 2. PROJECT TERMS Project Name: Branch Out Bozeman Volunteer Planting and Tree Voucher Project 2.1 PERIOD OF PERFORMANCE. This Subaward is effective on the Start Date. Subrecipient shall have until the Termination Date to complete the project and work described in the Project Scope. Start Date: Date of Last Signature Termination Date: July 31, 2025 2.2 AGREEMENT EXTENSION. This Subaward may, upon mutual written agreement between the parties, be extended. The DNRC may allow an extension for completion upon request and showing of good cause by the Subrecipient. Good cause is defined as external factors preventing the Subrecipient from completing the work, including, but not limited to, pandemic, inadequate staff, construction, hazard trees or other barriers on project site(s), and extensive and prolonged inoperable weather conditions. A request for extension should be submitted in writing no less than thirty (30) days prior to the Termination Date if an extension is to be considered by the DNRC. Any extension will require mutual written agreement between the Subrecipient and the DNRC in the form of an Amendment as provided for below in Section 4.7, Assignment and Amendment. 2.3 PROJECT SCOPE. (a.) Supporting Documents/attachments. The Approved Project Proposal for this Subaward to the Subrecipient is attached hereto as Appendix B and the Application Addendum, attached hereto as Appendix C, both of which are incorporated herein by reference, describe the projects and activities to be performed upon municipal lands by Subrecipient in or near, the City of Bozeman, Montana, and the required dates of completion. In the event content in Appendix B, the approved project proposal, or Appendix C, the addendum, DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 9404 FY24 DNRC Forestry Subaward Page 3 of 13 differs from or is in conflict with terms presented elsewhere in the Subaward, the Subaward text takes precedence. Additionally, the Subrecipient must fulfill the terms specified in Appendix D, Additional Requirements to Proposal, which is attached hereto and incorporated herein by reference. (b.) The Subrecipient must use the proceeds provided pursuant to this Subaward to perform allowable activities identified in the Approved Project Proposal. The goals for this project are: increase Bozeman’s tree canopy; develop tools that guide the community to strategically plant trees in priority areas; increase planting efforts by purchasing trees for volunteers to plant in public parks and boulevards; launch a tree voucher program which will focus on disadvantaged neighborhoods and provide information on desired species, planting techniques, watering, and other stewardship items. The key outcomes of this project are: planting approximately 40 trees in parks and boulevards and provided up to 50 tree vouchers for $100 off the purchase of a tree to landowners in disadvantaged areas. 2.4 PROJECT BUDGET. The Subaward budget period runs concurrently with the Period of Performance. Subaward funds are allocated to the following budget categories: Project Funding Summary: Direct Costs Subrecipient salary/wages/benefits $3,220 Operating Expenses $11,000 Payments to Landowners (Beneficiaries) $0 Contracted Services $5,780 Subtotal – Direct Costs $20,000 Indirect Costs (waived) $0 Total Subaward Amount $20,000 Match Required None) $0 Total Project Funding: $20,000 Total payment for all purposes under this Subaward shall not exceed Twenty Thousand and no/100 Dollars ($20,000.00). No match is required. The Subrecipient may transfer up to ten percent (10%) of the Total Subaward Amount between Direct Costs budget categories as needed to complete the project. The Subrecipient must notify the DNRC of such transfers. Transfers between budget categories in excess of ten percent (10%) of the Subaward amount must be requested by the Subrecipient, approved by the DNRC, and documented in an amendment to the Subaward. The indirect cost rate is shown above, expressed as a percentage of indirect costs to direct costs. Unless the rate has been formalized in a Negotiated Indirect Cost Rate Agreement (NICRA) between the Subrecipient and its cognizant federal agency, the rate shown above is DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 10405 FY24 DNRC Forestry Subaward Page 4 of 13 hereby approved by the DNRC for the term of this Subaward and may not be changed except via written amendment. When procuring goods or services with Subaward funds, the Subrecipient must follow applicable procurement procedures, found in 2 CFR 200 §§ 200.317 – 200.327 of the Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards. 2.5 DISBURSEMENTS. Subrecipient shall submit claims for disbursement of Subaward funds using the “Request for Disbursement of DNRC Grant Funds / Financial Status Report” (Request) form, attached hereto as Appendix E and incorporated herein by reference. Documentation of reimbursable costs incurred and paid must be submitted with the request. Documentation may include, but is not limited to, itemized receipts, vendor invoices, inspection certificates, transaction ledgers or other financial reports that clearly show expenditures, payroll records, copies of checks, bank statements, and other forms of proof of payment. The DNRC will determine whether documentation submitted adequately supports the disbursement request and may require additional documentation before approving payment. Reimbursement of Subrecipient’s expenditures will only be made for expenses included in the Approved Project Proposal, Appendix B and the Addendum to the Project Proposal, Appendix C, that are clearly and accurately supported by the Subrecipient's records. The Subrecipient may request an advance on available funds. In order to be eligible to receive an advance payment, Subrecipient must maintain written procedures that minimize the time elapsing between the transfer of funds and their disbursement. The timing and amount of advance payments must be as close as is administratively feasible to the actual disbursements of funds by Subrecipient. The request for an advance of funds must indicate how Subrecipient intends to spend the funds. After advanced funds are disbursed by Subrecipient (i.e., anticipated expenses are actually paid), Subrecipient must submit documentation to DNRC within 30 days demonstrating proof of payment, identical to that required for reimbursements above. If Subrecipient receives an advance payment, and Subrecipient subsequently requests a reimbursement payment, Subrecipient must clearly demonstrate how the advanced funds were spent before DNRC will approve Subrecipient’s request for reimbursement of additional expenses. Any funds advanced, but not spent, or whose expenditure is not adequately documented, must be returned to the DNRC upon demand. Subrecipient should seek timely reimbursement of claimed costs incurred under this Subaward. A minimum of one Request must be submitted annually to the DNRC. The annual period begins on the Subaward effective date. In the event no reimbursable costs are incurred in an annual period, a Request for zero dollars ($0.00) listing current Subaward balances should be submitted to the DNRC. Request for final disbursement of Subaward funds is due no later than 30 days following the Subaward termination date. The DNRC may withhold up to ten percent (10%) of the total authorized Subaward amount until both the project tasks (outlined in Section 2.3 and Appendix B) and the Final Report (required by Section 2.6) are completed by the Subrecipient and approved by the DNRC. 2.6 REPORTS. Subrecipient shall immediately notify the DNRC of developments that significantly impact the activities supported under this Subaward. Notification must be given in the case of problems, delays, or adverse conditions that materially impair the ability of the Subrecipient to meet the objectives of the Subaward. The notification must include a statement on action taken or contemplated, and any assistance needed to resolve the situation including DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 11406 FY24 DNRC Forestry Subaward Page 5 of 13 requests for scope and/or timeline modifications as provided for below in Section 4.7, Assignment and Amendment. Biannual progress reports for the periods ending each June and December must be submitted to the DNRC during the period of performance of this Subaward. Reports will provide status information for each project implementation objective. Project status information will include, at a minimum, the percentage completed, costs incurred, and projected completion date. The Subrecipient shall report on total project costs, including Subaward-funded costs Biannual reports must be submitted to the DNRC by the last day of the next month following the close of the reporting period. The first reporting period closes December 31, 2024, and the report is due on or before January 31, 2025. The DNRC will review reports for completeness and accuracy and will notify the Subrecipient if changes are necessary. No claims for disbursements will be honored by the DNRC until complete, accurate biannual reports have been submitted by the Subrecipient. A worksheet for biannual report content development is attached hereto as Appendix F and incorporated herein by reference. A Final Report that details the project status, results, accomplishments, and financial status will be submitted to the DNRC by the Subrecipient for approval upon project completion. Final reports are due no later than 30 days following the Subaward termination date. Final disbursement of Subaward funds is contingent upon DNRC’s receipt and approval of the following documents: 1) Final Request for Disbursement, 2) DNRC Regional Urban Forester Project Inspection Form, and 3) Final Report. 2.7 METHOD OF SUBMISSION. Entry in the Submittable Grant Management System (GMS) is the required method to submit: all claims for disbursement of Subaward funds as described in Section 2.5 Disbursements; and all reports as described in Section 2.6 Reports. The DNRC will provide links to forms within the GMS to complete these processes during the Period of Performance. The DNRC is not responsible for the receipt and processing of reports or disbursement requests submitted via an alternative method. If the required method of submission changes during the Period of Performance of the Subaward, the DNRC will provide thirty (30) days’ notice in writing. SECTION 3. INSURANCE TERMS 3.1 WORKER'S COMPENSATION. The Subrecipient, its employees and contractors, are not covered by the DNRC’s Workers' Compensation Insurance. The Subrecipient is responsible for making sure that it and its employees are covered by Workers’ Compensation Insurance and that its contractors are in compliance with the coverage provisions of the Workers’ Compensation Act. 3.2 INDEMNITY AND LIABILITY (HOLD HARMLESS / INDEMNIFICATION). Subrecipient agrees to be financially responsible for any audit exception or other financial loss to the DNRC and the State of Montana which occurs due to the negligence, intentional acts, or failure by Subrecipient and/or its agents, employees, subcontractors, or representatives to comply with the terms of this Subaward. DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 12407 FY24 DNRC Forestry Subaward Page 6 of 13 Subrecipient hereby agrees to defend, indemnify, and hold harmless the DNRC and the State of Montana and its agents from and against any and all claims, demands, or actions for damages to property or injury to persons or other damage to persons or entities arising out of, or resulting from the performance of this Subaward or the results of this Subaward, provided such damage to property or injury to persons is due to the negligent act or omission, recklessness, or intentional misconduct of Subrecipient or any of its employees and agents. This Subaward is not intended to relieve a liable party of financial or legal responsibility. 3.3 INSURANCE REQUIREMENTS. General Requirements. The Subrecipient shall maintain for the duration of this Subaward, at its cost and expense, liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Subrecipient, agents, employees, representatives, assigns, or subcontractors. This insurance shall cover such claims as may be caused by any negligent act or omission of the Subrecipient or its officers, agents, representatives, assigns or subcontractors. Specific Requirements for General Liability. The Subrecipient shall purchase and maintain occurrence coverage with minimum combined single limits for bodily injury, personal injury, and property damage of $1,000,000 per occurrence and $2,000,000 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. SECTION 4. DNRC GENERAL TERMS AND CONDITIONS 4.1 DNRC's ROLE. The DNRC will monitor project expenditures for payment eligibility. The DNRC assumes no responsibility for the Subrecipient's obligation to faithfully perform the tasks and activities required by this Subaward. The DNRC assumes no responsibility for verifying the right of the Subrecipient to conduct project activities on properties included in the Subaward project. The Subrecipient is responsible for obtaining all appropriate permissions to conduct activities. In the event content in the approved project proposal differs from or conflicts with terms presented elsewhere in the Subaward, the Subaward text takes precedence. The Subrecipient may contact the DNRC's Program Representative, identified in Section 6. Principal Contacts and Authorizations, for guidance related to administration of the terms of this Subaward. The Subrecipient may contact the Technical Specialist if one is listed in Section 6. Principal Contacts and Authorizations, for assistance with project execution. The roles and responsibilities of the technical specialist include but are not limited to, providing technical assistance to the Subrecipient to achieve intended outcomes of the project; conducting reviews of project plans, activities, and accomplishments upon request of the Subrecipient or as often as deemed necessary by the DNRC; and assisting the Subrecipient in complying with Montana’s Forest Practices Laws and voluntary Best Management Practices in the course of carrying out project activities. If no Technical Specialist is listed, the Subrecipient may contact the Program Representative to provide these services. DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 13408 FY24 DNRC Forestry Subaward Page 7 of 13 4.2. AVAILABILITY OF SUBAWARD FUNDS. The Subrecipient acknowledges and understands that Subaward funds become available based on federal awards to the DNRC. Costs incurred by the Subrecipient or any beneficiary prior to this Subaward are not eligible for reimbursement but may be counted as match funds upon prior written approval by the DNRC. The commitment by the DNRC to expend money is contingent upon the DNRC receiving funds under the federal award. No liability shall accrue to the DNRC or its officials in the event such funds are not appropriated or issued as authorized in the federal award. The DNRC may, at its sole discretion, issue a temporary stop-work order, reduce the scope of project activities, or terminate this Subaward if appropriated funding is reduced or unavailable for any reason. The DNRC will provide the Subrecipient at least 10 days’ notice for a stop-work order and at least 30 days’ notice if a reduction in scope or termination is determined to be necessary due to the unavailability of funds. Until the DNRC notifies the Subrecipient that obligated funds are unavailable, the DNRC will continue to comply with the terms of this Subaward, including the disbursement of funds for eligible expenses incurred by the Subrecipient up to the specified date and time provided in a written notice. 4.3 RECORDS AND AUDITS. The Subrecipient must maintain appropriate and adequate records showing complete entries of all receipts, disbursements, and other transactions relating to this Subaward for three (3) years after the later of either the final Subaward payment or the termination of this Subaward. The DNRC, the Montana Legislative Audit Division, or the Montana Legislative Fiscal Division may, at any reasonable time, audit all records, reports, and other documents that the Subrecipient maintains under or during the course of this Subaward to ensure compliance with all terms and conditions of the Subaward. During the period of performance and extending after this Subaward is terminated and closed, the DNRC reserves the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit or other review. 4.4 PROJECT MONITORING AND ACCESS FOR INSPECTION AND MONITORING. The DNRC or its agents may monitor and inspect all phases and aspects of the Subrecipient’s performance to determine compliance with this Subaward, including but not limited to the adequacy of records and accounts, project progress and accomplishments, and adherence to any project specifications. The Subrecipient shall accommodate requests for the DNRC access to sites and records with due consideration for safety, private property rights, and convenience of everyone involved. Inadequate accommodation of requests, as determined by the DNRC, may be viewed as a failure to comply as outlined in Section 4.9. 4.5 EMPLOYMENT STATUS. The DNRC is not an owner or general contractor for the project. The DNRC does not control the work activities or worksite of the Subrecipient or any contractors that might be engaged by the Subrecipient for completion of the project. The Subrecipient is independent from and is not an employee, officer, or agent of the DNRC. The Subrecipient shall ensure that all its employees complete the I-9 form to certify they are eligible for lawful employment under the Immigration and Nationality Act (8 U.S.C. 1324(a)). The Subrecipient shall comply with regulations regarding certification and retention of the completed forms. 4.6 COPYRIGHTING AND GOVERNMENT RIGHT TO USE. The Subrecipient is granted sole and exclusive right to copyright any publications developed with funding provided under this subaward. The State of Montana and the USFS reserve a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the work for government purposes. This provision includes any right of copyright to which the DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 14409 FY24 DNRC Forestry Subaward Page 8 of 13 Subrecipient purchases ownership with any federal contributions. No original text or graphics produced by the State of Montana or the USFS shall be copyrighted. 4.7 ASSIGNMENT AND AMENDMENT. The Subrecipient may not assign or transfer any portion of this Subaward without the DNRC’s express written consent. Amendments will be in writing, signed by both parties, and attached as an integral component of this Subaward. This Subaward may be terminated by the mutual written consent of both parties. If this Subaward is terminated, the Subrecipient may not submit claims for reimbursement for costs incurred beyond the mutually agreed to termination date. 4.8 COMPLIANCE WITH APPLICABLE STATE AND LOCAL LAWS. All work performed under this Subaward must fully comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to, the Montana Human Rights Act. Any subletting or subcontracting by the Subrecipient subjects subcontractors to the same provision. In accordance with 49-3-207, MCA, the Subrecipient agrees that the hiring of persons to perform this Subaward will be made on the basis of merit and qualifications and without discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin of the persons performing this Subaward. It shall be the Subrecipient's responsibility to obtain all permits, licenses, or authorizations that might be required from government authorities for completion of the project. Procurement of labor, services, supplies, materials and equipment shall be conducted according to applicable federal, state, and local statutes. The DNRC’s signature on this Subaward does not guarantee the approval or issuance of any permits, licenses, or any other form of authorization to take action for which the Subrecipient must apply with the DNRC or any other government entity and submit to the DNRC to fulfill the terms of this Subaward. 4.9 FAILURE TO COMPLY. If the Subrecipient fails to comply with the terms and conditions of this Subaward, the DNRC may terminate this Subaward and/or refuse additional disbursements of subaward funds and/or take legal action to recover disbursed subaward funds. Such termination will become a consideration in the DNRC’s evaluation of future applications for subawards. 4.10 MONTANA LAW AND VENUE. Any action or judicial proceeding for enforcement of the terms of this Subaward shall be instituted only in the courts of Montana and shall be governed by the laws of Montana. Venue shall be in the First Judicial District, Lewis and Clark County, Montana. SECTION 5. FEDERAL FUNDING SOURCE TERMS AND CONDITIONS 5.1 COMPLIANCE WITH APPLICABLE LAWS. (a.)The Subrecipient must comply with the requirements of the Federal Office of Management and Budget (OMB) guidance in subparts A through F of 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards, as adopted and supplemented by the USDA in 2 CFR Part 400. These regulations are available online at the following website: www.ecfr.gov. This includes applicable procurement procedures covered in 2 CFR 200 §§ 200.317 – 200.326. (b.) The Subrecipient certifies that it will abide by all certifications and assurances set forth in USDA Form AD-1048, “Certification Regarding Debarment, Suspension, Ineligibility & Voluntary Exclusion Lower Tier Covered Transactions,” this form having been signed, attached hereto as Appendix A, and incorporated herein by reference. Per the terms of the federal award, the Subrecipient shall also require all second-tier subrecipients and contractors who will be paid DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 15410 FY24 DNRC Forestry Subaward Page 9 of 13 with Subaward funds to sign form AD-1048, and the Subrecipient shall keep completed forms on file. (c.) All work performed under this Subaward must fully comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to, 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. Any subletting or subcontracting by the Subrecipient subjects subcontractors to the same provision. Procurement of labor, services, supplies, materials and equipment shall be conducted according to applicable federal, state, and local statutes. (d.) If the amount of this Subaward is in excess of $100,000, the Subrecipient will comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (e.) If the Subaward includes funds for Contracted expenses, the Subrecipient must comply with the requirements of Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards of 2 CFR Part 200. Items of note include: Equal Employment Opportunity; Clean Air Act; Davis-Bacon Act; Contract Work Hours and Safety Standards Act; Rights to Inventions; Debarment and Suspension; Byrd Anti-Lobbying Amendment; Prohibition On Certain Telecommunications And Video Surveillance Services Or Equipment; and Domestic Preferences for Procurements. (f.) PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. The Subrecipient is responsible for compliance with the prohibition on certain telecommunications and video surveillance services or equipment identified in 2 CFR 200.216. See Public Law 115-232, Section 889 for additional information. In accordance with 2 CFR 200.216, the Subrecipient is prohibited from obligating or expending loan or grant funds for covered telecommunications equipment or services to: (1) procure or obtain, extend or renew a contract to procure or obtain; (2) enter into a contract (or extend or renew a contract) to procure; or (3) obtain the equipment, services or systems. (g.) PROHIBITION AGAINST CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS. The Subrecipient may not require its employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department, an agency authorized to receive such information, the federal Office of Inspector General, or the DNRC. Due to this these requirements, prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph one of subsection (g.) of this award provision are no longer in effect. (h.) WHISTLEBLOWER NOTICE. Per 41 U.S.Code § 4712, it is illegal an employee of the Subrecipient to be discharged, demoted, or otherwise discriminated against for making a protected whistleblower disclosure. In this context, these categories of individuals are whistleblowers who disclose information that the individual reasonably believes is evidence of one of the following: gross mismanagement of a Federal contract or grant; a gross waste of Federal funds; an abuse of authority relating to a Federal contract or grant; a substantial and DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 16411 FY24 DNRC Forestry Subaward Page 10 of 13 specific danger to public health or safety; or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. See 41 U.S.Code § 4712, regarding the disclosure requirements, procedure, remedial actions and remedies. (i.) TRAFFICKING IN PERSONS. The Subrecipient under this award and the Subrecipient’s employees may not: (1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; (2) Procure a commercial sex act during the period of time that the award is in effect; or (3) Use forced labor in performance of the award or subawards under the award. The Subrecipient must inform the DNRC immediately of any information received from any source alleging a violation of a prohibition listed here. (j.) NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR AUDIOVISUAL MATERIAL. The Subrecipient shall include the following statement, in full, in any printed audiovisual material, or electronic media for public distribution developed or printed with any Federal funding. “In accordance with Federal law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, and reprisal or retaliation for prior civil rights activity. (Not all prohibited bases apply to all programs.) Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, and American Sign Language) should contact the responsible State or local Agency that administers the program or USDA’s TARGET Center at (202) 720- 2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. To file a program discrimination complaint, a complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form, which can be obtained online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by: (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, D.C. 20250-9410; o (2) Fax: (833) 256-1665 or (202) 690-7442; or (3) Email: program.intake@usda.gov.” If the material is too small to permit the full statement to be included, the material must at minimum, include the following statement, in print size no smaller than the text: “This institution is an equal opportunity provider.” 5.2 AGENCY RECOGNITION REQUIREMENTS. (a.) Use of Agency Insignia. The Subrecipient shall request in writing permission from the USFS Northern Region and receive written permission from the USFS before using the USFS insignia on any published media, such as a webpage, printed publication, or audiovisual production. The Subrecipient shall request in DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 17412 FY24 DNRC Forestry Subaward Page 11 of 13 writing and receive written permission from the DNRC before using the DNRC insignia on any published media, such as a webpage, printed publication, or audiovisual production. (b.) Public Notices. The Subrecipient is encouraged to give public notice of the receipt of this Subaward of federal grant funds and, from time to time, to announce progress and accomplishments. Press releases or other public notices should include and all notices of funding opportunities or solicitation for project participants must include a statement substantially as follows: “The funding for this project is derived in full [or in part] from a federal award of the U.S. Forest Service, Department of Agriculture, subawarded by the Montana Department of Natural Resources and Conservation, Forestry Division.” (c.) Acknowledgment in Publications, Audiovisuals, and Electronic Media. The Subrecipient shall acknowledge USFS and DNRC support as appropriate in any publications, audiovisuals, and electronic media developed as a result of this subaward of USFS grant funds. Follow direction in USDA Supplemental 2 CFR 415.2. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 18413 FY24 DNRC Forestry Subaward Page 12 of 13 SECTION 6. PRINCIPAL CONTACTS AND AUTHORIZATIONS 6.1 PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this Subaward. All correspondence or requests for information and assistance shall be submitted to the appropriate listed individual. DNRC Program Representative Subrecipient Representative, Project Manager and Administrative and Fiscal Name: Jamie Kirby Title: Urban Forestry Program Manager Address: 2705 Spurgin Road City, State, Zip: Missoula, MT 59804 Telephone: 406-542-4288 Email: jamiekirby@mt.gov Name: Alex Nordquest Title: Forestry Division Manager Address: 121 N Rouse Avenue City, State, Zip: Bozeman, MT 59715 Telephone: 406-582-3225 Email: anordquest@bozeman.net DNRC Technical Specialist Name: Hannah Payne Title: Urban Service Forester Address: 2705 Spurgin Road City, State, Zip: Missoula, MT 59804 Telephone: 406-542-4326 Email: Hannah.Payne@mt.gov DNRC Administrative & Fiscal Name: Lorie Palm Title: Grants and Agreements Specialist Address: 2705 Spurgin Road City, State, Zip: Missoula, MT 59804 Telephone: 406-542-4205 Email: lpalm@mt.gov DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 19414 FY24 DNRC Forestry Subaward Page 13 of 13 6.2 AUTHORIZATION. This Subaward consists of pages 1 – 13, plus the following appendices: • Appendix A [Form AD-1048] • Appendix B [Approved Project Proposal] • Appendix C [Addendum to the Project Proposal] • Appendix D [Additional Requirements to Proposal] • Appendix E [Request for Disbursement Form]. • Appendix F [Biannual Report Worksheet] The Subrecipient hereby accepts this Subaward according to the above terms and conditions. Through signature, each party certifies that the individuals listed in this Subaward as representatives of the parties are authorized to act in their respective areas for matters related to this Subaward. In witness whereof, the parties hereto execute this Subaward. ___________________________ By: ___________________________________________ Date Subrecipient Authorized Representative ___________________________________________ Printed Name ___________________________ By: ___________________________________________ Date DNRC Authorized Representative ___________________________________________ Printed Name Remainder of page for SUBRECIPIENT USE ONLY: Additional Signatures as Required The DNRC does not require additional signatures and takes no role in evaluation of any inclusion or omission. DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203 Alex Nordquest 6/6/2024 Jamie Kirby 6/7/2024 Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 9/18/2024 Chuck Winn 20415 AD-1048 OMB No. 0505-0027 Expiration Date: 09/30/2025 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 CFR §§ 180.300, 180.335, Participants' responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal and civil fraud privacy, and other statutes may be applicable to the information provided. (Read instructions on page two before completing certification.) A.The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals ispresently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participationin this transaction by any Federal department or agency; B.Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S) SIGNATURE DATE In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. Appendix A City of Bozeman UCF-24-306 DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203 6/6/2024 Alex Nordquest Forestry Division Manager Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 21416 Form AD-1048 Page 2 of 2 Instructions for Certification (1)By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 inaccordance with these instructions. (2)The certification in this clause is a material representation of fact upon which reliance was placed when this transaction wasentered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originatedmay pursue available remedies, including suspension or debarment. (3)The prospective lower tier participant must provide immediate written notice to the person(s) to which this proposal is submittedif at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (4)The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person, ""primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings setout in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 CFR Parts 180 and 417. You may contact the Department or agency to which this proposal is being submitted for assistance in obtaining a copy of thoseregulations. (5)The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be enteredinto, it may not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agencywith which this transaction originated. (6)The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "CertificationRegarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (7)A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that thecertification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the General Services Administration’s System for AwardManagement Exclusions database. (8)Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith thecertification required by this clause. The knowledge and information of a participant is not required to exceed that which isnormally possessed by a prudent person in the ordinary course of business dealings. (9)Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded fromparticipation in this transaction, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Appendix A DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 22417 Montana DNRC Grants Powered by Submittable Title City of Bozeman Forestry Division by Alex Nordquest in Forestry - UCF PD/IRA FY24 Grant [2024] anordquest@bozeman.net 02/16/2024 id. 45593992 Forestry - UCF Budget Changes [2024]04/04/2024 Score n/a Upload a revised copy of your Excel budget below to reflect the change in available funding for your project. If you need a fresh copy of the budget table, you can download it here. Upload a revised copy of your budget to reflect the change in funding. IRA_Budget_Match_Final_Revised_Amount.xlsx Revised Total Funding Requested 20000.0 Please explain any major changes to the work you plan to accomplish. Reducing the number of tree vouchers will have minimal impacts on our project. We'll still be able to trial a new form of public outreach, just with a reduced quantity. If the program is successful, we can scale up the voucher program with other funding sources. Original Submission 02/16/2024 Score n/a 1. Organization Information 1.1. Organization Name City of Bozeman Forestry Division 1.2. Has the organization received any DNRC Forestry grants or subawards previously? Yes Appendix B THIS SECTION LEFT BLANK INTENTIONALLY DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 23418 2. Applicant Information The person completing this application. By default, of Submittable, the person submitting this application will be the point of contact for future communications such as reports and requests for reimbursement for the life of this grant. You may collaborate with others to complete the application and future forms, but you will be responsible for the final submission of them. HERE are the instructions for collaborating with others for this application. 2.1. Your name Alex Nordquest 2.2. Your Phone +14065823225 2.3. Your Email anordquest@bozeman.net 2.4. Provide a Secondary Contact for the project. Mitch Overton 2.5. Secondary Contact Phone +14065823222 2.6. Secondary Contact Email moverton@bozeman.net 3. Project Elements 3.1. Project Name Branch Out Bozeman: Volunteer Planting Sites and Voucher Program 3.2. Project Location Throughout City of Bozeman CEJST and EJ Map Layers 3.3. Map of Project Location Potential_Planting_Areas.pdf All applicants must upload a PDF from the Montana Urban and Community Forestry Grant Tool that shows the location of the project. 3.4. Is the proposed project located entirely in a disadvantaged area? Yes 3.5. Have you contacted your DNRC Service Forester? Yes 3.5.2. Foresters Name Hannah Payne 4. Project Description Appendix BDocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 24419 Cottonwood RoadCottonwoodRoadBronken Park 306 309 309 West Kagy B oulevard East Baxter Lane South19th AvenueSouth 19th AvenueKagy BoulevardNorth 19th Avenue East M ain Street West Main Street Huffine Lane MT 86 MT 86 I 90 Business I 90 Business I 90 Business;US191;MT 84 US 191;MT 84 I 90 I 90 MontanaStateUniversity Bozeman I 90;US 191 Bozeman Beacon1721 m DrinkingHorse Mountain1683 m Montana UCF Grant Application Montana State Library, Map data © OpenStreetMap contributors, Microsoft, Facebook, Inc. and its affiliates, Esri Community Maps contributors, Map 2/16/2024, 9:42:05 AM 0 0.7 1.40.35 mi 0 1 20.5 km 1:57,835 Appendix BDocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 25420 4.1. Project Description - Provide 2-3 pargraphs that summarize your project. The City of Bozeman's Forestry Division began partnering with local nonprofit Gallatin Watershed Council on tree planting projects in 2021. This quickly developed into annual volunteer events and the creation of Branch Out Bozeman: Urban Forest Network (B.O.B.). In an effort to provide a healthy and resilient urban forest for all community members, B.O.B. seeks to increase Bozeman’s tree canopy to its full potential, and to develop tools that guide the community to strategically plant trees in priority areas. Until these tools are fully realized, we’re relying on existing means to select planting sites. This includes collaboration with other city departments, recommendations from the city’s Urban Parks & Forestry Board, and anecdotal observations of parks & boulevards lacking tree canopy. To increase our planting efforts, we’re seeking grant funds for the purchase of trees and the launch of a tree voucher program. The Forestry Division’s budget and staffing are already quite constrained – additional trees could be delivered directly to sites and planted by volunteers, greatly minimizing Forestry involvement. For private property landscapes, our tree voucher program would engage low income neighborhoods. Residents would purchase trees at a reduced cost from local vendors and the program would provide information on desired species, planting techniques, watering, and other stewardship items. 5. Existing Program Resources 5.1. Do you have a tree inventory? Yes 5.1.1. How does your tree inventory tie to the project? Our volunteer plantings would take place in city parks and boulevards, so all trees would be immediately added to the citywide inventory system. We maintain an active record of over 26,000 trees, noting new tree planting, various types of pruning, and tree removals. Trees planted on private property through the voucher program would not be included, but can be accounted for in future canopy assessments. 5.1.2. Upload your Tree Inventory BozemanTreeInventory_20240205.xlsx 5.2. Do you have an urban forest management plan? Yes 5.2.1. How does your urban forest management plan tie into the project? Our management plan specifically focuses on Community Engagement and increasing Species Diversity. We can address both items through this project. We couldn’t conduct additional plantings without volunteers, and the voucher offers incentives for residents to plant trees at their homes. For both programs, we can focus on tree species that are most impactful for increasing our species diversity. 5.2.2. Upload your Urban Forest Management Plan. Bozeman_Urban_Forestry_Man.pdf Appendix BDocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 26421 5.2.3. Is the community the organization is representing a Tree City USA? Yes 6. Federal & State Program Goals 6.1. How does your project align with the state and federal program goals? Choose all that apply. 1. Advance public education and understanding for the social, economic, environmental and aesthetic values of trees, forests and related resources in communities. 2. Climate change mitigation and adaptation. 3. Expand opportunities, resources and access for underserved and at-risk populations and communities. 4. Advance tree inventory and assessment information. 5. Promote urban forestry planning and tree management plans including broadening community engagement. 6. Develop and encourage the profession of urban forestry through technology transfer, education and training. 7. Increase the biodiversity, health and resilience of trees in urban and community forests through best maintenance and management practices. 6.1.1. Explain how the project advances public education and understanding for the social, economic, environmental and aesthetic value of trees, forests and related resources in communities. Every time we have a volunteer planting, it’s a chance to engage our residents. We use the opportunity to explain key benefits provided by new trees – shade for playgrounds, grass, and buildings; a variety of species for a resilient landscape, improved stormwater and erosion effects, and beautification. The voucher program would include educational materials explaining the benefits of trees. Particular focus would be given to planting orientation, explaining that trees to the southern and western edge of the property are crucial for blocking intense summer sun, reducing cooling demands on housing that often lacks air conditioning. 6.1.2. Explain how the project advances climate change mitigation and adaptation. From the beginning, Branch Out Bozeman has been focused on identifying tree planting sites to address three main concerns: water quality, tree equity, and urban heat island effect. We're trying to find areas where new trees will maximize the benefits provided for climate change concerns. Volunteer planting sites will be selected based on these criteria and the voucher program will be focused on residents living in areas most affected by these same climate change concerns. 6.1.3. Explain how the project expands opportunities, resources and access for underserved and at- risk populations and communities. This grant project would be fully within Bozeman’s CEJST and EJ disadvantaged areas. We’d be hosting volunteer events that are free and open to the public, while the voucher offers educational resources and incentives to purchase trees that may otherwise be cost prohibitive for those on restricted budgets. The vouchers would offer $100 off the price of a tree, with minimum standards on size and species to maximize the efficacy of new plantings. Appendix BDocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 27422 6.1.4. Explain how the project advances tree inventory and assessment information. The Forestry Division adds all new volunteer plantings to our citywide inventory. Every volunteer event is an opportunity to explain this powerful management tool, and volunteers feel empowered that they’ve personally contributed to the urban forest. The inventory is displayed on the City’s website, allowing for residents to navigate the map and learn more about trees near their homes and parks. While trees planted in the voucher program won’t be included in the inventory, Gallatin Watershed Council will track vouchers redeemed and contact residents for planting site details. 6.1.5. Explain how the project promotes urban forestry planning and tree management plans, including broadening community engagement. We have accomplished many of the main goals from our 2016 Urban Forest Management Plan, but our community engagement has been lacking. Our plan recommends we "Establish a healthy and vibrant relationship between the community and Bozeman's Forestry Division", and this goal is only possible with community partners like the Gallatin Watershed Council. Grant funding would allow us to vastly increase our volunteer efforts and provide a new form of outreach & education through the voucher program. 6.1.6. Explain how the project develops and encourages the profession of urban forestry through technology transfer, education and training. The public education aspect of this project would greatly advance Bozeman’s urban forest program. The Forestry Division focuses heavily on its routine responsibilities (pruning, removals, storm response) and has limited capacity for other ways to engage residents. Volunteer events are an excellent way to personally interact with the community and teach people about the benefits of trees. The voucher program could reinforce these teachings on the private landscape and ensure that participating vendors are providing consistent information. 6.1.7. Explain how the project increases the biodiversity, health and resilience of trees in urban and community forests through best maintenance and management practices. While this project would focus on planting, there would be a heavy emphasis on other details for tree health. The importance of watering, mulch, trunk guards and staking would all be included in discussion and materials. Species diversity would be a focal point as well, with both volunteer events and the voucher program limited to the most impactful species for increasing biodiversity. 7. Project Personnel 7.1. List the Project Personnel I would like to use the provided table for my project personnel information. 7.1.1. Provided Project Personnel Table Project Personnell List.xlsx Appendix BDocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 28423 Name Title/Qualification Project Role Level of Involvement Alex Nordquest Forestry Division Manager, City of Bozeman Project Lead High involvement Wynn Krauss Forestry Division Foreman, City of Bozeman Project Assistant Moderate involvement Amy Hansen Forestry Division Arborist Project Assistant Occasional involvement Jesse Silva Forestry Division Arborist Project Assistant Occasional involvement Luke Gladis Forestry Division Arborist Project Assistant Occasional involvement Lilly McLane Watershed Restoration Director, Gallatin Watershed Council Project Lead High involvement Tess Parker Community Engagement Manager, Gallatin Watershed Council Project Lead High involvement ____________ Appendix B Project Personnel Table DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 29424 7.2. Supplemental Information - Project Personnel Narrative. If desired, use this space to explain or expand on the Personnel information. Alex Nordquest - Alex would be heavily involved with this project, working directly with GWC staff to select planting sites within the CEJST and EJ map areas of Bozeman. This would include both park spaces and street boulevards that are lacking tree canopy. He would also contribute to the development of educational materials for the voucher program. Forestry Staff - Wynn, Amy, Jesse, and Luke would contribute when it's time to purchase and/or deliver trees on volunteer days. This would be minimized to simply dropping off trees and planting supplies, as most volunteer plantings will be led by GWC staff off-hours. Lilly McLane - Lilly would be heavily involved, directly assisting in the selection of planting sites and leading creation of the voucher program. Tess Parker - Tess is the GWC's lead for volunteer events of all kinds. She's participated in several Forestry events and has the expert knowledge necessary to lead volunteers through the details of a successful tree planting. 8. Leveraging Local Support and Outreach 8.1. List local groups and people supporting the project with in-kind contributions and volunteering time. I would like to use the provided table for my Leveraging Local Support and Outreach information. 8.1.1. Provided table for Leveraging Local Support and Outreach. Leveraging Support List.xlsx 8.2. Supplemental Information - Leveraging Support Narrative. If desired, use this space to explain or expand on the Leveraging Support List. The local support list includes several potential partners. We don't currently have planting sites finalized for the duration of this grant project, but all partners listed have participated in previous events with either their time or donations. Further local support could include other business and community groups looking for volunteer opportunities. 9. Project Work Plan and Schedule 9.1. Outline the Project Work Plan and Schedule I would like to use the provided table for my Project Work Plan and Schedule. 9.1.1. Provided Table for Work Plan and Schedule TableTemplate.xlsx Appendix BDocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 30425 Partner Organization Name Activities/Effort Oboz Shoes Donations, Staff Volunteer Hours Bozeman Co-Op Grocery Donations NorthWestern Energy Donations, Staff Volunteer Hours ____ Volunteers Activities/Efforts Public Volunteers Tree Planting, Watering Local Eagle Scouts Groups Tree Planting, Watering ____ Appendix B Leveraging Local Outreach and Support DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 31426 Task Start Date End Date Select sites for 2024 Summer Planting March 2024 April 2024 Purchase and reserve trees March 2024 April 2024 Conduct 2024 Volunteer Events May 2024 July 2024 Volunteer Weekly Watering May 2024 September 2024 Draft Voucher Program Materials March 2024 April 2024 Print and Distribute Vouchers April 2024 July 2024 ___ Appendix B Work Plan and Schedule DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 32427 9.2. Supplemental Information - Project Work Plan and Schedule Narrative. If desired, use this space to explain or expand on the Project Plan and Schedule. Volunteer planting sites would be selected for 2024, with the process repeated for 2025. Gallatin Watershed Council staff will provide outreach and advertising to announce events and conduct volunteer signups and waivers. Once vouchers are distributed, GWC staff would track redeemed vouchers and provide follow-up with residents. This would include information on the location of trees planted and resident commitments to watering and other key maintenance items for healthy trees. 9.3. Does your project include tree planting? Yes 9.3.1. Upload your 3-year tree establishment plan. Branch_Out_Bozeman_-_3_Year_Tree_Establishment_Plan.docx 9.4. Does your project include a tree planting cost-share program? Yes 10. Project Monitoring and Effectiveness 10.1. Describe how your project will meet the needs of and specifically benefit the disadvantaged community and population where the project is located. Outline long-term results, outputs and deliverables. This project would provide direct benefit to the community within Bozeman's CEJST and EJ mapped areas. We're specifically targeting parks and boulevards within this area for our volunteer projects, and the voucher program will only be available to residents within the mapped area. All volunteer plantings will be added to our tree inventory system and added to a map layer on the Branch Out Bozeman website. Annual maintenance and tree inspections would be conducted by Forestry staff. We'd also track each voucher redeemed for the private landscape and display the number of voucher trees for each year. These map layers on the website would develop into a year-over-year recording of the project's success. 10.2. Describe any potential challenges that could impact the project. Any staff turnover (from either the Forestry Division or Gallatin Watershed Council) would impact this project. However, the central goals and methods of the effort would be recorded by both parties in redundant forms. Another challenge could be volunteer commitment. Failure of volunteers to actually attend their scheduled events, or in fewer numbers than promised, would make completion of planting events more difficult. Inclement weather may lead to rescheduling of events and complicate the limited window for successful planting given Bozeman's hot and dry summers. For the voucher program, we have no idea how much interest we'll generate. The initial launch of 100 vouchers may be excessive, or nowhere near enough to meet demand. We can trial the program through 2024 and reassess, making refinements for 2025 and beyond. 11. Budget Appendix BDocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 33428 Check "More Information" to learn about direct and indirect costs. 11.1. Are you requesting indirect costs for this project? No Budget Table Instructions IRA Funds- No Match Required 1. Download the Project Budget Table Worksheet. 2. Save the budget table worksheet to your local drive. 3. Complete your budget. Use only numbers in the columns. For example, do not use "/hour" or "per hour", it will cause the formulas to fail. 4. Upload completed budget table worksheet below. Rows and columns of the budget table worksheet should tabulate for you. However, please review your math and totals. 11.2. Upload Completed Project Budget Table USE_FY24_UCF_Budget_Template_Match_IRA.xlsx 11.3. Total Funds Requested. 25220.0 12. Supporting Documentation 12.1. Supplemental Information - Upload any supporting documentation you would like included in the application. GIC_-_Parks_Stats.png GIC_-_Streets_Stats.png GIC_-_Citywide_Canopy_Percentage_and_Acreage.png GWC_Costs_-_Planting_and_Voucher_Program.pdf 13. Certification and Authorization to Sign 13.1. Certification and Authority to Sign Yes, I am authorized to sign this application on behalf of the organization I represent. 13.1.1. Federal Funding Certification Statement Alex Nordquest Appendix BDocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 34429 Provide Organization Name -> Cost Breakdown (must equal Total Cost for Personnel Expenses by Position (Salaries/Wages/Benefits) Quantity Hourly Rate or Piece Rate Total Cost Funds Requested -$ -$ -$ -$ Lilly McLane (Gallatin Watershed)1,800.00$ -$ 1,800.00$ Tess Parker (Gallatin Watershed)1,420.00$ -$ 1,420.00$ TOTALS ->-$ 3,220.00$ Operating Expenditures (Travel, Supplies, Rentals, Etc.)Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Large Canopy Trees 20 300.00$ 6,000.00$ 6,000.00$ Small or Medium sized Trees 20 250.00$ 5,000.00$ 5,000.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTALS ->11,000.00$ 11,000.00$ Contracted Professional Services Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Tree Vouchers 100 100.00$ 10,000.00$ 10,000.00$ Printing & Distribution of Vouchers 1,000.00$ 1,000.00$ 1,000.00$ -$ -$ -$ -$ -$ TOTALS ->11,000.00$ 11,000.00$ Total for Direct Cost Categories Funds Requested TOTALS ->25,220.00$ Indirect Costs Rate (%)Indirect Funds Requested Add Indirect Cost Rate Here-> -$ 25,220.00$ Total Project Cost 25,220.00 Total Funds Requested from DNRC (Direct + Indirect) TOTAL -> Appendix B Budget Su p e r s e d e d, S e e Appendix C f o r B u d g et DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 35430 The following documents for UCF-24-306_Bozeman are on file at DNRC: Bozeman Tree Inventory Bozeman Urban Forestry Management Plan Branch Out Bozeman 3-year tree Establishment Plan GIC Parks Map GIC Streets Map GIC Citywide Percentage ad Acreage Map GWC Costs Planting and Voucher Program Appendix B DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 36431 Provide Organization Name -> Cost Breakdown (must equal Total Cost for each Personnel Expenses by Position (Salaries/Wages/Benefits) Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Alex Nordquest (City Forestry)120 50.00$ 6,000.00$ Wynn Krauss (City Forestry)40 30.00$ 1,200.00$ Amy Hansen (City Forestry)20 27.00$ 540.00$ Jesse Silva (City Forestry)20 26.00$ 520.00$ Luke Gladis (City Forestry)20 25.00$ 500.00$ Lilly McLane (Gallatin Watershed)1,800.00$ -$ 1,800.00$ Tess Parker (Gallatin Watershed)1,420.00$ -$ 1,420.00$ TOTALS ->8,760.00$ 3,220.00$ Operating Expenditures (Travel, Supplies, Rentals, Etc.)Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Large Canopy Trees 20 300.00$ 6,000.00$ 6,000.00$ Small or Medium sized Trees 20 250.00$ 5,000.00$ 5,000.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTALS ->11,000.00$ 11,000.00$ Contracted Professional Services Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Tree Vouchers 50 100.00$ 5,000.00$ 5,000.00$ Printing & Distribution of Vouchers 780.00$ -$ 780.00$ -$ -$ -$ -$ -$ TOTALS ->5,000.00$ 5,780.00$ Total for Direct Cost Categories Funds Requested TOTALS ->20,000.00$ Indirect Costs Rate (%)Indirect Funds Requested Add Indirect Cost Rate Here-> -$ 20,000.00$ Total Project Cost 20,000.00 Total Match Provided Total Funds Requested from DNRC (Direct + Indirect) TOTAL -> Appendix C DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 37432 Additional Requirements to Proposal In addition to the specifications provided in Appendix A, the following must be completed: 1)Tree planting specifications - Part (A) 2)Final Work Inspection Form -Part (B) Part (A) – Tree Planting All tree planting projects must follow the Best Management Practices for Tree Planting, a special companion publication to the ANSI A300 Part 6: Tree, Shrub, and Other Woody Plant Maintenance – Standard Practices (Transplanting). This booklet covers bare root, containerized, and balled and burlap tree stock. Specifications are summarized here: Time of Year - The ideal time to plant a tree is when it is in a dormant condition, either in early spring before bud-break, or in the fall, after leaves have dropped. Weather conditions at these times are generally cool, allowing plants to establish new roots before the onset of harsh temperatures. Location – Visualize the tree in 20 years. Consider site restrictions (available growing space, soil, pavement, overhead/underground utilities, etc.) Call local utility services at least 2 days prior to digging to locate underground utilities. (Usually 811 or 1-800-424-5555 in MT) Tree selection –Carefully inspect trees and only purchase those that have a strong stem and no physical damage. Avoid trees with circling roots, severe pruning cuts, dead bark or signs of insects and disease. Site preparation – Dig a hole three times as wide as the root ball, but not deeper. Amending soil is not necessary unless planting in disturbed sites or poor soil quality. Break up compacted soil on sides of the hole, and leave bottom firm. Tree preparation – 1) Identify root flare - part of the trunk where the roots spread out at the base of the tree. Root flare should be visible after the tree has been planted. You may have to remove some soil from the top of the root ball to find the flare. 2) Cut away strings and burlap or plastic from around the trunk. If tree is container grown, carefully remove container. Tree placement – Lift tree into planting space by the root ball, not the trunk. Ensure tree is at proper depth and never plant too deep. Trunk flare and top of root ball should be at grade. Balance tree upright at center of planting space. Pull back burlap as much as possible without removing soil from the root ball. Fill with soil – Fill the hole while watering, periodically pausing to gently tamp base, ensuring the tree is firmly settling in the planting space. Finish filling soil just below the trunk flare. Mulch – Apply 2 inches of organic material i.e. wood chips or similar composted material. Leave bare soil around the trunk. Remove any tags, wrap, flagging, etc. from the tree. Such items were only meant as protection during transportation and installation. Only stake if necessary - Trees will establish more quickly and develop stronger trunk and root systems if they are not staked at the time of planting. However, protective staking may be required on sites where equipment, animal damage, vandalism or windy conditions are concerns. Use a wide, flexible tying material to avoid injuring trunk and allow the Diagram courtesy of San Antonio Parks and Recreation Appendix D DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 38433 tree to move or sway. Remove staking and ties after one year. Establishment – Do not fertilize at planting time. Water regularly throughout the first growing season (about once a week unless significant rainfall is received), but do not overwater. Keep lawn mowers and string trimmers away from tree to avoid wounding bark. Only prune dead or injured branches at time of planting. Long term care & protection – Have a 3-year annual inspection program to replace mulch, provide small tree training (light pruning cuts), and check for signs of stress, insects, disease, or vandalism. Keep trunk area free and clear of weeds and other competing vegetation. Put a fence around tree if site is a feeding ground for rabbits, deer, or other wildlife. Part (B) – Project Inspection Form Once the Subaward Project is complete, the Subrecipient must contact the DNRC regional urban forester to schedule a final project inspection. The inspection will verify that all required work has been completed and performed in accordance with state and program specifications. The Project Inspection Form must be completed by the DNRC regional urban forester or duly designated DNRC representative. Upon completion and submittal of the Project Inspection Form, a final payment of subaward agreement funds, including any funds that may have been withheld from earlier payment requests, is made to the Subrecipient. If the project is not inspected and approved by the DNRC regional urban forester, or deficiencies are found during inspection and not corrected, funds may be withheld from the Subrecipient. Appendix D DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 39434 Revised 5/2024 Request for Disbursement of Grant/Subaward Funds DNRC Financial Report Organization Name: Agreement #: ☐Request for Reimbursement or ☐Request for Advance Total Award Amount: $ Funds Previously Requested: $ Period Covered by this Request – From Date: To Date: Award Share – REQUEST this Period DNRC validates category spending with each request. Overspending a category budget may delay payment. Employee Time: salary/wages/benefits $ Operating Expenses $ Payments to Landowners (Beneficiaries) $ Contracted Services (incl. Contractor Time) $ Subtotal – Direct Costs $ Indirect Costs $ Total Request Amount $ Recipient Share – MATCH this Period ☐No Match Required Employee Time: salary/wages/benefits $ Operating Expenses $ Landowner Contributions $ Contracted Services (incl. Contractor Time) $ Other (explain in Remarks section below) $ Total Match Amount $ Program Income Earned: $ Award Balance after this Request: $ Remarks: Authorized Certifying Official: I certify to the best of my knowledge and belief that the information provided herein is true, complete, and accurate. I am aware that the provision of false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative consequences including, but not limited to violations of U.S. Code Title 18, Sections 2, 1001, 1343 and Title 31, Sections 3729-3730 and 3801-3812. Name: Title: Email: Signature: Date: Appendix E DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 40435 Upload volunteer time tracking data Workforce Development accomplished during this reporting period: Were trainings offered? Y/N How many people participated? How many jobs or equivalent FTE were created or maintained because of this project? Please share any media coverage, social media posts, and any stories, videos, or photos. Narrative space for stories, URL’s, and links. Upload space for photos and videos Appendix F UCF PD/IRA Biannual Report Worksheet The intent of this worksheet is to provide a preview of information that will be required on the report. Do not submit this worksheet as a report. Reports must be submitted on the Submittable platform. Your Name, Organization Name Agreement # UCF-XX-XXX Reporting Period: __January 1 - June 30, __July 1 - December 31 Year Project Status: Estimated percentage of project complete. Are you experiencing any delays or issues that are affecting the implementation of the project? If yes, explain issue and remedies. Deliverables and metrics accomplished during this reporting period: Where did project work take place? List all locations where project work took place with an address, park name, or area description. Be prepared to provide data for the following if part of your project: How many total trees were planted at all project locations? Was species diversity increased? Y/N If yes, how? How many total trees were pruned or removed? Was the wood utilized in some way, mulch etc.? Y/N If yes, describe use. How many volunteer hours were worked? DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 41436 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Grants Coordinator Alex Nordquest, Forestry Division Manager SUBJECT:Authorize the Mayor to approve the DNRC grant agreement for the Branch Out Bozeman Tree Canopy Map Coaching Project MEETING DATE:October 8, 2024 AGENDA ITEM TYPE:Grant RECOMMENDATION:Approve consent agenda item STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND:The Forestry Division received a grant from the State of MT DNRC to continue the mapping of Bozeman's tree canopy, identify trees and planting spaces in priority areas, develop a website and canopy mapping tools for public and staff utilization, and community outreach. The new mapping tools will help prioritize new tree planting areas based on water quality, tree equity, and urban heat island effect. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:Total expenditures are expected to be $9,968 for a one-time consulting contract. Expenditures will be made in the Forestry/Tree Maintenance fund and may require a future budget amendment. Attachments: 2024-_Branch_Out_Bozeman_Mapping_grant_packet.pdf Report compiled on: August 28, 2024 42 Grant Instructions and Grant Routing Form To ensure appropriate use, consistency and tracking of grants use this set of general instructions and Grant Routing Form are provided. All grants regardless of amount are required to be approved by The City of Bozeman Commission prior to receiving the grant award. Step One: Giving Notice of Intent to Apply Give notice of your intent to apply for the grant by submitting the Grant Routing Form. Submit the form via DocuSign* to the appropriate supervisor (typically department Director) and the Finance Director. Save a copy of the submittal. The grant tracking number field can be left blank until the grant is awarded. Per Administrative Order 2014-01 the City Manager and City Commission are required to be notified within 30 days of all grant applications exceeding $20,000. Step Two: Obtain Grant Tracking Number for Awarded Grants Once a grant is awarded, contact the City Clerk’s office at 406-582-2030 to request a grant tracking number. The official grant acceptance is contingent on City Commission approval. Step Three: Re-Route for Final Signatures Insert the grant tracking number on the Grant Routing Form and reroute the form via *DocuSign for signatures. Step Four: Commission Approval Work with Division Director, City Manager, and the City Clerk to get the awarded grant prepared for City Commission approval. If you need assistance in reviewing the grant terms, contact the City Attorney’s Office to request a review of the grant terms before placing the item on the Consent agenda. All agreements require City Commission authorization regardless of dollar amount. Agreements will be retained by the City Clerks’ Office. *Each Division has staff assigned with DocuSign access. Using a single DocuSign “envelope” will allow the same tracking form to move through the steps of the process and the signature matrix. Reach out to the City Clerk’s Office for initial assistance sending your envelope. Grant Not Awarded: If your application is NOT awarded, the application materials must be retained by the applying department in accordance with Records Retention Schedule 8. Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 43360 Grant # (issued by City Clerk) Grant Name Grant Project Manager Department Person Responsible for Financial Reporting Person Responsible for Performance Reporting & Close Out *Note: this person is also reseponsible for record retention requirements. Grant Source Federal State Other CDFA # (Federal Only)Fiscal year of award Grant Amount Included in Budget? Match Requirement (%)Budget Account Code Match Amount Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur. Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses? Desctibe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?): Process Phase / Signature Matrix City Clerk Commission Date Notice of Intent Application Award/Contract City Manager City of BozemanGrant Routing Form Department Director (I understand and will carry out the provisions of the grant) Finance Director Grant Routing Form May 2023 Describe the nature of the grant and eligible uses: Branch Out Bozeman: Tree Canopy Mapping Tools Alex Nordquest Parks & Rec (Forestry Div) Alex Nordquest Alex Nordquest FY24 9968.00 Yes 300.00%112-7710-454-20-99 $ 66,300.00 No No This grant is available through MT Dept of Natural Resources, Urban & Community Forestry to fund development of Urban Forestry Programs. Our application seeks funding to develop tree canopy mapping tools for our volunteer/community engagement initiative, Branch Out Bozeman. Eligibile uses include the direct purchase of tools & equipment, and contracted services. The 3:1 match requirement is readily covered by staff hours from Forestry & GIS, as well as allocated Forestry Budget to develop Branch Out Bozeman. There will be a one-time followup report, submitted online, at the conclusion of the 24 month project period (tentatively starting May 2024). Receipts will be copied for contracted services and staff hours dedicated to this project will be recorded on a grant match form. No grant routing form completed No grant routing form completed No grant routing form completed No form completed No grant routing form completed No grant routing form completed No grant routing form completed No form completed Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 10/08/2024 44361 FY24 DNRC Forestry Subaward Page 1 of 13 Subaward Agreement Number: UCF-24-106 Maximum Award Amount Available: $ 9,968.00 Source of Funds: Federal Award Federal Assistance Listing Number: 10.664, Cooperative Forestry Assistance Federal Award Identification: USDA USFS Grant # 23-DG-11010000-040 Consolidated Forestry Programs Grant Urban & Community Forestry, Forest Stewardship, Forest Health, State and Volunteer Fire Capacity and Landscape Scale Restoration; executed on 8/24/2023, from the United States Department of Agriculture (USDA) – Forest Service (USFS) Federal Authority: Cooperative Forestry Assistance Act of 1978, Public Law 95-313, as amended DNRC Funding Pass-Through Org: 5114624 Fund: 03164 Subclass: 555YY Expiration: See Section 2.1, Period of Performance Approvals Drafter Program Fiscal Legal JF JK LP MP SUBRECIPIENT Name: City of Bozeman Federal Tax ID #: 81-6001238 UEI: EEAPKALAEM35 Address: 121 N Rouse Avenue City, State, Zip+4: Missoula, MT 59715-3740 This Subaward Agreement, hereinafter referred to as “Subaward”, is accepted by City of Bozeman, hereinafter referred to as the “Subrecipient”, according to the following terms and conditions. The purpose of this Subaward is to establish mutually agreeable terms and conditions, specifications, and requirements to grant funds to the Subrecipient. SUBAWARD AGREEMENT between CITY OF BOZEMAN and the MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 45362 FY24 DNRC Forestry Subaward Page 2 of 13 SECTION 1. PROGRAM PROVISIONS This Subaward is offered by the Urban and Community Forestry Program of the Montana Department of Natural Resources and Conservation, Forestry and Trust Lands Division, hereinafter referred to as “DNRC”. This Subaward, awarded and administered by the DNRC using grant funds awarded by the USFS, is consistent with the policies, procedures, objectives, and intent of the listed Federal Authority and of the Urban and Community Forestry (UCF) Program Development grant program. SECTION 2. PROJECT TERMS Project Name: Branch Out Bozeman: Tree Canopy Map Coaching 2.1 PERIOD OF PERFORMANCE. This Subaward is effective on the Start Date. Subrecipient shall have until the Termination Date to complete the project and work described in the Project Scope. Start Date: Date of Last Signature Termination Date: July 31, 2025 2.2 AGREEMENT EXTENSION. This Subaward may, upon mutual written agreement between the parties, be extended. The DNRC may allow an extension for completion upon request and showing of good cause by the Subrecipient. Good cause is defined as external factors preventing the Subrecipient from completing the work, including, but not limited to, pandemic, inadequate staff, construction, hazard trees or other barriers on project site(s), and extensive and prolonged inoperable weather conditions. A request for extension should be submitted in writing no less than thirty (30) days prior to the Termination Date if an extension is to be considered by the DNRC. Any extension will require mutual written agreement between the Subrecipient and the DNRC in the form of an Amendment as provided for below in Section 4.7, Assignment and Amendment. 2.3 PROJECT SCOPE. (a.) Supporting Documents/attachments. The Approved Project Proposal for this Subaward to the Subrecipient is attached hereto as Appendix B and the Application Addendum, attached hereto as Appendix C, both of which are incorporated herein by reference, describe the projects and activities to be performed upon municipal lands by Subrecipient in or near, the City of Bozeman, Montana, and the required dates of completion. In the event content in Appendix B, the approved project proposal, or Appendix C, the addendum, differs from or is in conflict with terms presented elsewhere in the Subaward, the Subaward text takes precedence. (b.) The Subrecipient must use the proceeds provided pursuant to this Subaward to perform allowable activities identified in the Approved Project Proposal. The goals of this program are: continuing the mapping of Bozeman's tree canopy; identifying trees and planting spaces in priority areas; developing a website and canopy mapping tools for DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 46363 FY24 DNRC Forestry Subaward Page 3 of 13 public and staff utilization; and community outreach. The new mapping tools will help prioritize new tree planting areas based on water quality, tree equity, and urban heat island effect. The key outcomes of the project are: technical coaching for the City of Bozeman’s GIS staff so they may maintain, update, and integrate the information into existing city canopy mapping tools; creating a website with mapping tools for the community and staff utilization. 2.4 PROJECT BUDGET. The Subaward budget period runs concurrently with the Period of Performance. Subaward funds are allocated to the following budget categories: Project Funding Summary: Direct Costs Subrecipient salary/wages/benefits $0 Operating Expenses $0 Payments to Landowners (Beneficiaries) $0 Contracted Services $9,968 Subtotal – Direct Costs $9,968 Indirect Costs (waived) $0 Total Subaward Amount $9,968 Match Required (3:1) $3,323 Total Project Funding: $13,291 Total payment for all purposes under this Subaward shall not exceed Nine Thousand Nine Hundred Sixty-Eight and no/100 Dollars ($9,968.00). This Subaward requires a match of 3:1. For every $3 of federal funds issued under this Subaward, the Subrecipient or its project partners must provide $1 in non-federal funds. No federal funds may be used to satisfy the match requirement of this Subaward. Match will be met in the categories of QP Subrecipient salary/wages/benefits the form of cash contribution or in-kind services related to the project. Claimed match must be sufficiently documented to show compliance with federal requirements and to demonstrate how it supports the Subaward project. The DNRC will determine whether match documentation submitted is adequate and may require additional documentation before approval. The Subrecipient may transfer up to ten percent (10%) of the Total Subaward Amount between Direct Costs budget categories as needed to complete the project. The Subrecipient must notify the DNRC of such transfers. Transfers between budget categories in excess of ten percent (10%) of the Subaward amount must be requested by the Subrecipient, approved by the DNRC, and documented in an amendment to the Subaward. The indirect cost rate is shown above, expressed as a percentage of indirect costs to direct costs. Unless the rate has been formalized in a Negotiated Indirect Cost Rate Agreement (NICRA) between the Subrecipient and its cognizant federal agency, the rate shown above is hereby approved by the DNRC for the term of this Subaward and may not be changed except via written amendment. DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 47364 FY24 DNRC Forestry Subaward Page 4 of 13 When procuring goods or services with Subaward funds, the Subrecipient must follow applicable procurement procedures, found in 2 CFR 200 §§ 200.317 – 200.327 of the Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards. 2.5 DISBURSEMENTS. Subrecipient shall submit claims for disbursement of Subaward funds using the “Request for Disbursement of DNRC Grant Funds / Financial Status Report” (Request) form, attached hereto as Appendix D and incorporated herein by reference. Documentation of reimbursable costs incurred and paid must be submitted with the request. Documentation may include, but is not limited to, itemized receipts, vendor invoices, inspection certificates, transaction ledgers or other financial reports that clearly show expenditures, payroll records, copies of checks, bank statements, and other forms of proof of payment. The DNRC will determine whether documentation submitted adequately supports the disbursement request and may require additional documentation before approving payment. Reimbursement of Subrecipient’s expenditures will only be made for expenses included in the Approved Project Proposal, Appendix B, and the Addendum to the Project Proposal, Appendix C, that are clearly and accurately supported by the Subrecipient's records. The Subrecipient may request an advance on available funds. In order to be eligible to receive an advance payment, Subrecipient must maintain written procedures that minimize the time elapsing between the transfer of funds and their disbursement. The timing and amount of advance payments must be as close as is administratively feasible to the actual disbursements of funds by Subrecipient. The request for an advance of funds must indicate how Subrecipient intends to spend the funds. After advanced funds are disbursed by Subrecipient (i.e., anticipated expenses are actually paid), Subrecipient must submit documentation to DNRC within 30 days demonstrating proof of payment, identical to that required for reimbursements above. If Subrecipient receives an advance payment, and Subrecipient subsequently requests a reimbursement payment, Subrecipient must clearly demonstrate how the advanced funds were spent before DNRC will approve Subrecipient’s request for reimbursement of additional expenses. Any funds advanced, but not spent, or whose expenditure is not adequately documented, must be returned to the DNRC upon demand. Subrecipient should seek timely reimbursement of claimed costs incurred under this Subaward. A minimum of one Request must be submitted annually to the DNRC. The annual period begins on the Subaward effective date. In the event no reimbursable costs are incurred in an annual period, a Request for zero dollars ($0.00) listing current Subaward balances should be submitted to the DNRC. Request for final disbursement of Subaward funds is due no later than 30 days following the Subaward termination date. The DNRC may withhold up to ten percent (10%) of the total authorized Subaward amount until both the project tasks (outlined in Section 2.3 and Appendix B) and the Final Report (required by Section 2.6) are completed by the Subrecipient and approved by the DNRC. 2.6 REPORTS. Subrecipient shall immediately notify the DNRC of developments that significantly impact the activities supported under this Subaward. Notification must be given in the case of problems, delays, or adverse conditions that materially impair the ability of the Subrecipient to meet the objectives of the Subaward. The notification must include a statement on action taken or contemplated, and any assistance needed to resolve the situation including requests for scope and/or timeline modifications as provided for below in Section 4.7, Assignment and Amendment. DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 48365 FY24 DNRC Forestry Subaward Page 5 of 13 Semiannual progress reports for the periods ending each June and December must be submitted to the DNRC during the period of performance of this Subaward. Reports will provide status information for each project implementation objective. Project status information will include, at a minimum, the percentage completed, costs incurred, and projected completion date. The Subrecipient shall report on total project costs, including Subaward-funded costs Semiannual reports must be submitted to the DNRC by the last day of the next month following the close of the reporting period. The first reporting period closes December 31, 2024, and the report is due on or before January 31, 2025. The DNRC will review reports for completeness and accuracy and will notify the Subrecipient if changes are necessary. No claims for disbursements will be honored by the DNRC until complete, accurate semiannual reports have been submitted by the Subrecipient. A worksheet for semiannual report content development is attached hereto as Appendix E and incorporated herein by reference. A Final Report that details the project status, results, accomplishments, and financial status will be submitted to the DNRC by the Subrecipient for approval upon project completion. Final reports are due no later than 30 days following the Subaward termination date. Final disbursement of Subaward funds is contingent upon DNRC’s receipt and approval of the following documents: 1) Final Request for Disbursement, 2) DNRC Regional Urban Forester Project Inspection Form, and 3) Final Report. 2.7 METHOD OF SUBMISSION. Entry in the Submittable Grant Management System (GMS) is the required method to submit: all claims for disbursement of Subaward funds as described in Section 2.5 Disbursements; and all reports as described in Section 2.6 Reports. The DNRC will provide links to forms within the GMS to complete these processes during the Period of Performance. The DNRC is not responsible for the receipt and processing of reports or disbursement requests submitted via an alternative method. If the required method of submission changes during the Period of Performance of the Subaward, the DNRC will provide thirty (30) days’ notice in writing. SECTION 3. INSURANCE TERMS 3.1 WORKER'S COMPENSATION. The Subrecipient, its employees and contractors, are not covered by the DNRC’s Workers' Compensation Insurance. The Subrecipient is responsible for making sure that it and its employees are covered by Workers’ Compensation Insurance and that its contractors are in compliance with the coverage provisions of the Workers’ Compensation Act. 3.2 INDEMNITY AND LIABILITY (HOLD HARMLESS / INDEMNIFICATION). Subrecipient agrees to be financially responsible for any audit exception or other financial loss to the DNRC and the State of Montana which occurs due to the negligence, intentional acts, or failure by Subrecipient and/or its agents, employees, subcontractors, or representatives to comply with the terms of this Subaward. Subrecipient hereby agrees to defend, indemnify, and hold harmless the DNRC and the State of Montana and its agents from and against any and all claims, demands, or DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 49366 FY24 DNRC Forestry Subaward Page 6 of 13 actions for damages to property or injury to persons or other damage to persons or entities arising out of, or resulting from the performance of this Subaward or the results of this Subaward, provided such damage to property or injury to persons is due to the negligent act or omission, recklessness, or intentional misconduct of Subrecipient or any of its employees and agents. This Subaward is not intended to relieve a liable party of financial or legal responsibility. 3.3 INSURANCE REQUIREMENTS. General Requirements. The Subrecipient shall maintain for the duration of this Subaward, at its cost and expense, liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Subrecipient, agents, employees, representatives, assigns, or subcontractors. This insurance shall cover such claims as may be caused by any negligent act or omission of the Subrecipient or its officers, agents, representatives, assigns or subcontractors. Specific Requirements for General Liability. The Subrecipient shall purchase and maintain occurrence coverage with minimum combined single limits for bodily injury, personal injury, and property damage of $1,000,000 per occurrence and $2,000,000 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. SECTION 4. DNRC GENERAL TERMS AND CONDITIONS 4.1 DNRC's ROLE. The DNRC will monitor project expenditures for payment eligibility. The DNRC assumes no responsibility for the Subrecipient's obligation to faithfully perform the tasks and activities required by this Subaward. The DNRC assumes no responsibility for verifying the right of the Subrecipient to conduct project activities on properties included in the Subaward project. The Subrecipient is responsible for obtaining all appropriate permissions to conduct activities. In the event content in the approved project proposal differs from or conflicts with terms presented elsewhere in the Subaward, the Subaward text takes precedence. The Subrecipient may contact the DNRC's Program Representative, identified in Section 6. Principal Contacts and Authorizations, for guidance related to administration of the terms of this Subaward. The Subrecipient may contact the Technical Specialist if one is listed in Section 6. Principal Contacts and Authorizations, for assistance with project execution. The roles and responsibilities of the technical specialist include but are not limited to, providing technical assistance to the Subrecipient to achieve intended outcomes of the project; conducting reviews of project plans, activities, and accomplishments upon request of the Subrecipient or as often as deemed necessary by the DNRC; and assisting the Subrecipient in complying with Montana’s Forest Practices Laws and voluntary Best Management Practices in the course of carrying out project activities. If no Technical Specialist is listed, the Subrecipient may contact the Program Representative to provide these services. 4.2. AVAILABILITY OF SUBAWARD FUNDS. The Subrecipient acknowledges and understands that Subaward funds become available based on federal awards to the DNRC. DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 50367 FY24 DNRC Forestry Subaward Page 7 of 13 Costs incurred by the Subrecipient or any beneficiary prior to this Subaward are not eligible for reimbursement but may be counted as match funds upon prior written approval by the DNRC. The commitment by the DNRC to expend money is contingent upon the DNRC receiving funds under the federal award. No liability shall accrue to the DNRC or its officials in the event such funds are not appropriated or issued as authorized in the federal award. The DNRC may, at its sole discretion, issue a temporary stop-work order, reduce the scope of project activities, or terminate this Subaward if appropriated funding is reduced or unavailable for any reason. The DNRC will provide the Subrecipient at least 10 days’ notice for a stop-work order and at least 30 days’ notice if a reduction in scope or termination is determined to be necessary due to the unavailability of funds. Until the DNRC notifies the Subrecipient that obligated funds are unavailable, the DNRC will continue to comply with the terms of this Subaward, including the disbursement of funds for eligible expenses incurred by the Subrecipient up to the specified date and time provided in a written notice. 4.3 RECORDS AND AUDITS. The Subrecipient must maintain appropriate and adequate records showing complete entries of all receipts, disbursements, and other transactions relating to this Subaward for three (3) years after the later of either the final Subaward payment or the termination of this Subaward. The DNRC, the Montana Legislative Audit Division, or the Montana Legislative Fiscal Division may, at any reasonable time, audit all records, reports, and other documents that the Subrecipient maintains under or during the course of this Subaward to ensure compliance with all terms and conditions of the Subaward. During the period of performance and extending after this Subaward is terminated and closed, the DNRC reserves the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit or other review. 4.4 PROJECT MONITORING AND ACCESS FOR INSPECTION AND MONITORING. The DNRC or its agents may monitor and inspect all phases and aspects of the Subrecipient’s performance to determine compliance with this Subaward, including but not limited to the adequacy of records and accounts, project progress and accomplishments, and adherence to any project specifications. The Subrecipient shall accommodate requests for the DNRC access to sites and records with due consideration for safety, private property rights, and convenience of everyone involved. Inadequate accommodation of requests, as determined by the DNRC, may be viewed as a failure to comply as outlined in Section 4.9. 4.5 EMPLOYMENT STATUS. The DNRC is not an owner or general contractor for the project. The DNRC does not control the work activities or worksite of the Subrecipient or any contractors that might be engaged by the Subrecipient for completion of the project. The Subrecipient is independent from and is not an employee, officer, or agent of the DNRC. The Subrecipient shall ensure that all its employees complete the I-9 form to certify they are eligible for lawful employment under the Immigration and Nationality Act (8 U.S.C. 1324(a)). The Subrecipient shall comply with regulations regarding certification and retention of the completed forms. 4.6 COPYRIGHTING AND GOVERNMENT RIGHT TO USE. The Subrecipient is granted sole and exclusive right to copyright any publications developed with funding provided under this subaward. The State of Montana and the USFS reserve a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the work for government purposes. This provision includes any right of copyright to which the DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 51368 FY24 DNRC Forestry Subaward Page 8 of 13 Subrecipient purchases ownership with any federal contributions. No original text or graphics produced by the State of Montana or the USFS shall be copyrighted. 4.7 ASSIGNMENT AND AMENDMENT. The Subrecipient may not assign or transfer any portion of this Subaward without the DNRC’s express written consent. Amendments will be in writing, signed by both parties, and attached as an integral component of this Subaward. This Subaward may be terminated by the mutual written consent of both parties. If this Subaward is terminated, the Subrecipient may not submit claims for reimbursement for costs incurred beyond the mutually agreed to termination date. 4.8 COMPLIANCE WITH APPLICABLE STATE AND LOCAL LAWS. All work performed under this Subaward must fully comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to, the Montana Human Rights Act. Any subletting or subcontracting by the Subrecipient subjects subcontractors to the same provision. In accordance with 49-3-207, MCA, the Subrecipient agrees that the hiring of persons to perform this Subaward will be made on the basis of merit and qualifications and without discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin of the persons performing this Subaward. It shall be the Subrecipient's responsibility to obtain all permits, licenses, or authorizations that might be required from government authorities for completion of the project. Procurement of labor, services, supplies, materials and equipment shall be conducted according to applicable federal, state, and local statutes. The DNRC’s signature on this Subaward does not guarantee the approval or issuance of any permits, licenses, or any other form of authorization to take action for which the Subrecipient must apply with the DNRC or any other government entity and submit to the DNRC to fulfill the terms of this Subaward. 4.9 FAILURE TO COMPLY. If the Subrecipient fails to comply with the terms and conditions of this Subaward, the DNRC may terminate this Subaward and/or refuse additional disbursements of subaward funds and/or take legal action to recover disbursed subaward funds. Such termination will become a consideration in the DNRC’s evaluation of future applications for subawards. 4.10 MONTANA LAW AND VENUE. Any action or judicial proceeding for enforcement of the terms of this Subaward shall be instituted only in the courts of Montana and shall be governed by the laws of Montana. Venue shall be in the First Judicial District, Lewis and Clark County, Montana. SECTION 5. FEDERAL FUNDING SOURCE TERMS AND CONDITIONS 5.1 COMPLIANCE WITH APPLICABLE LAWS. (a.)The Subrecipient must comply with the requirements of the Federal Office of Management and Budget (OMB) guidance in subparts A through F of 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards, as adopted and supplemented by the USDA in 2 CFR Part 400. These regulations are available online at the following website: www.ecfr.gov. This includes applicable procurement procedures covered in 2 CFR 200 §§ 200.317 – 200.326. (b.) The Subrecipient certifies that it will abide by all certifications and assurances set forth in USDA Form AD-1048, “Certification Regarding Debarment, Suspension, Ineligibility & Voluntary Exclusion Lower Tier Covered Transactions,” this form having been signed, attached hereto as Appendix A, and incorporated herein by reference. Per the terms of the federal award, the DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 52369 FY24 DNRC Forestry Subaward Page 9 of 13 Subrecipient shall also require all second-tier subrecipients and contractors who will be paid with Subaward funds to sign form AD-1048, and the Subrecipient shall keep completed forms on file. (c.) All work performed under this Subaward must fully comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to, 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. Any subletting or subcontracting by the Subrecipient subjects subcontractors to the same provision. Procurement of labor, services, supplies, materials and equipment shall be conducted according to applicable federal, state, and local statutes. (d.) If the amount of this Subaward is in excess of $100,000, the Subrecipient will comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (e.) If the Subaward includes funds for Contracted expenses, the Subrecipient must comply with the requirements of Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards of 2 CFR Part 200. Items of note include: Equal Employment Opportunity; Clean Air Act; Davis-Bacon Act; Contract Work Hours and Safety Standards Act; Rights to Inventions; Debarment and Suspension; Byrd Anti-Lobbying Amendment; Prohibition On Certain Telecommunications And Video Surveillance Services Or Equipment; and Domestic Preferences for Procurements. (f.) PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. The Subrecipient is responsible for compliance with the prohibition on certain telecommunications and video surveillance services or equipment identified in 2 CFR 200.216. See Public Law 115-232, Section 889 for additional information. In accordance with 2 CFR 200.216, the Subrecipient is prohibited from obligating or expending loan or grant funds for covered telecommunications equipment or services to: (1) procure or obtain, extend or renew a contract to procure or obtain; (2) enter into a contract (or extend or renew a contract) to procure; or (3) obtain the equipment, services or systems. (g.) PROHIBITION AGAINST CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS. The Subrecipient may not require its employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department, an agency authorized to receive such information, the federal Office of Inspector General, or the DNRC. Due to this these requirements, prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph one of subsection (g.) of this award provision are no longer in effect. (h.) WHISTLEBLOWER NOTICE. Per 41 U.S.Code § 4712, it is illegal an employee of the Subrecipient to be discharged, demoted, or otherwise discriminated against for making a protected whistleblower disclosure. In this context, these categories of individuals are whistleblowers who disclose information that the individual reasonably believes is evidence of one of the following: gross mismanagement of a Federal contract or grant; a gross waste of Federal funds; an abuse of authority relating to a Federal contract or grant; a substantial and DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 53370 FY24 DNRC Forestry Subaward Page 10 of 13 specific danger to public health or safety; or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. See 41 U.S.Code § 4712, regarding the disclosure requirements, procedure, remedial actions and remedies. (i.) TRAFFICKING IN PERSONS. The Subrecipient under this award and the Subrecipient’s employees may not: (1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; (2) Procure a commercial sex act during the period of time that the award is in effect; or (3) Use forced labor in performance of the award or subawards under the award. The Subrecipient must inform the DNRC immediately of any information received from any source alleging a violation of a prohibition listed here. (j.) NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR AUDIOVISUAL MATERIAL. The Subrecipient shall include the following statement, in full, in any printed audiovisual material, or electronic media for public distribution developed or printed with any Federal funding. “In accordance with Federal law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, and reprisal or retaliation for prior civil rights activity. (Not all prohibited bases apply to all programs.) Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, and American Sign Language) should contact the responsible State or local Agency that administers the program or USDA’s TARGET Center at (202) 720- 2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. To file a program discrimination complaint, a complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form, which can be obtained online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by: (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, D.C. 20250-9410; o (2) Fax: (833) 256-1665 or (202) 690-7442; or (3) Email: program.intake@usda.gov.” If the material is too small to permit the full statement to be included, the material must at minimum, include the following statement, in print size no smaller than the text: “This institution is an equal opportunity provider.” 5.2 AGENCY RECOGNITION REQUIREMENTS. (a.) Use of Agency Insignia. The Subrecipient shall request in writing permission from the USFS Northern Region and receive written permission from the USFS before using the USFS insignia on any published media, such as a webpage, printed publication, or audiovisual production. The Subrecipient shall request in DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 54371 FY24 DNRC Forestry Subaward Page 11 of 13 writing and receive written permission from the DNRC before using the DNRC insignia on any published media, such as a webpage, printed publication, or audiovisual production. (b.) Public Notices. The Subrecipient is encouraged to give public notice of the receipt of this Subaward of federal grant funds and, from time to time, to announce progress and accomplishments. Press releases or other public notices should include and all notices of funding opportunities or solicitation for project participants must include a statement substantially as follows: “The funding for this project is derived in full [or in part] from a federal award of the U.S. Forest Service, Department of Agriculture, subawarded by the Montana Department of Natural Resources and Conservation, Forestry Division.” (c.) Acknowledgment in Publications, Audiovisuals, and Electronic Media. The Subrecipient shall acknowledge USFS and DNRC support as appropriate in any publications, audiovisuals, and electronic media developed as a result of this subaward of USFS grant funds. Follow direction in USDA Supplemental 2 CFR 415.2. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 55372 FY24 DNRC Forestry Subaward Page 12 of 13 SECTION 6. PRINCIPAL CONTACTS AND AUTHORIZATIONS 6.1 PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this Subaward. All correspondence or requests for information and assistance shall be submitted to the appropriate listed individual. DNRC Program Representative Subrecipient Representative, Project Manager and Administrative & Fiscal Name: Jamie Kirby Title: Urban Forestry Program Manager Address: 2705 Spurgin Road City, State, Zip: Missoula, MT 59804 Telephone: 406-542-4288 Email: jamiekirby@mt.gov Name: Alex Nordquest Title: Forestry Division Manager Address: 121 N Rouse Avenue City, State, Zip: Helena, MT 59715-3740 Telephone: 406-582-3225 Email: anordquest@bozeman.net DNRC Technical Specialist Name: Hannah Payne Title: Urban Service Forester Address: 2705 Spurgin Road City, State, Zip: Missoula, MT 59804 Telephone: 406-542-4326 Email: Hannah.Payne@mt.gov DNRC Administrative & Fiscal Name: Lorie Palm Title: Grants and Agreements Specialist Address: 2705 Spurgin Road City, State, Zip: Missoula, MT 59804 Telephone: 406-542-4205 Email: lpalm@mt.gov DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 56373 FY24 DNRC Forestry Subaward Page 13 of 13 6.2 AUTHORIZATION. This Subaward consists of pages 1 – 13, plus the following appendices: • Appendix A [Form AD-1048] • Appendix B [Approved Project Proposal] • Appendix C [Addendum to the Project Proposal] • Appendix D [Request for Disbursement Form]. • Appendix E [Semiannual Report Worksheet] The Subrecipient hereby accepts this Subaward according to the above terms and conditions. Through signature, each party certifies that the individuals listed in this Subaward as representatives of the parties are authorized to act in their respective areas for matters related to this Subaward. In witness whereof, the parties hereto execute this Subaward. ___________________________ By: ___________________________________________ Date Subrecipient Authorized Representative ___________________________________________ Printed Name ___________________________ By: ___________________________________________ Date DNRC Authorized Representative ___________________________________________ Printed Name Remainder of page for SUBRECIPIENT USE ONLY: Additional Signatures as Required The DNRC does not require additional signatures and takes no role in evaluation of any inclusion or omission. DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979 Alex Nordquest 6/27/2024 Jamie Kirby 6/27/2024 Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 9/18/2024 57374 AD-1048 OMB No. 0505-0027 Expiration Date: 09/30/2025 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 CFR §§ 180.300, 180.335, Participants' responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal and civil fraud privacy, and other statutes may be applicable to the information provided. (Read instructions on page two before completing certification.) A.The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals ispresently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participationin this transaction by any Federal department or agency; B.Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S) SIGNATURE DATE In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. Appendix A DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979 Forestry Division ManagerAlex Nordquest 6/27/2024 UCF-24-106City of Bozeman Forestry Division Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 58375 Form AD-1048 Page 2 of 2 Instructions for Certification (1)By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 inaccordance with these instructions. (2)The certification in this clause is a material representation of fact upon which reliance was placed when this transaction wasentered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originatedmay pursue available remedies, including suspension or debarment. (3)The prospective lower tier participant must provide immediate written notice to the person(s) to which this proposal is submittedif at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (4)The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person, ""primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings setout in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 CFR Parts 180 and 417. You may contact the Department or agency to which this proposal is being submitted for assistance in obtaining a copy of thoseregulations. (5)The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be enteredinto, it may not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agencywith which this transaction originated. (6)The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "CertificationRegarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (7)A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that thecertification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the General Services Administration’s System for AwardManagement Exclusions database. (8)Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith thecertification required by this clause. The knowledge and information of a participant is not required to exceed that which isnormally possessed by a prudent person in the ordinary course of business dealings. (9)Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded fromparticipation in this transaction, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Appendix A DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 59376 Montana DNRC Grants Powered by Submittable Title City of Bozeman by Alex Nordquest in Forestry - UCF PD/IRA FY24 Grant [2024] anordquest@bozeman.net 02/16/2024 id. 45591671 Original Submission 02/16/2024 Score n/a 1. Organization Information 1.1. Organization Name City of Bozeman 1.2. Has the organization received any DNRC Forestry grants or subawards previously? Yes 2. Applicant Information The person completing this application. By default, of Submittable, the person submitting this application will be the point of contact for future communications such as reports and requests for reimbursement for the life of this grant. You may collaborate with others to complete the application and future forms, but you will be responsible for the final submission of them. HERE are the instructions for collaborating with others for this application. 2.1. Your name Alex Nordquest 2.2. Your Phone +14065823225 2.3. Your Email anordquest@bozeman.net 2.4. Provide a Secondary Contact for the project. Mitch Overton 2.5. Secondary Contact Phone +14065823222 2.6. Secondary Contact Email moverton@bozeman.net 3. Project Elements 3.1. Project Name Branch Out Bozeman: Tree Canopy Map Coaching Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 60377 3.2. Project Location Throughout City of Bozeman 3.3. Map of Project Location City_of_Bozeman_-_Citywide_Canopy_Assessment.pdf City_of_Bozeman_Growth_Boundary.pdf All applicants must upload a PDF from the Montana Urban and Community Forestry Grant Tool that shows the location of the project. 3.4. Is the proposed project located entirely in a disadvantaged area? No 3.5. Have you contacted your DNRC Service Forester? Yes 3.5.2. Foresters Name Hannah Payne 4. Project Description 4.1. Project Description - Provide 2-3 pargraphs that summarize your project. The City of Bozeman's Forestry Division began partnering with local nonprofit Gallatin Watershed Council on tree planting projects in 2021. This quickly developed into annual volunteer events and the creation of Branch Out Bozeman: Urban Forest Network (B.O.B.). In an effort to provide a healthy and resilient urban forest for all community members, B.O.B. seeks to increase Bozeman’s tree canopy to its full potential, and to develop tools that guide the community to strategically plant trees in priority areas. After receiving grant-funded technical assistance and tree canopy assessment, B.O.B. is now poised to develop a dedicated website, branding, and mapping tools to help realize the initiative’s goals. To focus on our website development, we're seeking grant funds for technical coaching of the City's GIS Division. Our GIS staff have committed to assisting with B.O.B., but they require outside help to build and maintain compelling visuals and canopy mapping tools. The previously mentioned tree canopy assessment was provided by Green Infrastructure Center; they've offered to train City staff on their methods and how to best integrate their data with existing City GIS tools. We're also seeking funding to increase Gallatin Watershed Council capacity for future planting projects and community outreach. Utilizing grant funds for this effort would allow a constrained Forestry Division budget to pursue website and branding needs. 5. Existing Program Resources 5.1. Do you have a tree inventory? Yes Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 61378 MT 85 US 191;MT 84 US 191 I 90 I 90 I 90;US 191 MontanaStateUniversity Bozeman Montana UCF Grant Application Montana State Library, Map data © OpenStreetMap contributors, Microsoft, Facebook, Inc. and its affiliates, Esri Community Maps contributors, Map 2/5/2024, 10:11:51 AM 0 1.5 30.75 mi 0 3 61.5 km 1:160,654 Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 62379 5.1.1. How does your tree inventory tie to the project? Our tree inventory is an essential tool for park and boulevard tree data. We maintain an active record of over 26,000 trees, noting new tree planting, various types of pruning, and tree removals. The inventory helps reveal park and boulevard spaces that are lacking trees, which are critical areas to display on Branch Out Bozeman map layers. It does not, however, account for trees in the private landscape. 5.1.2. Upload your Tree Inventory BozemanTreeInventory_20240205.xlsx 5.2. Do you have an urban forest management plan? Yes 5.2.1. How does your urban forest management plan tie into the project? Our Urban Forestry Management Plan was created in 2016. One of the main subjects is Community Engagement - "Establishing a vibrant relationship between the community and the Forestry Division is an essential element in this plan and a key component to the plan's success.". Having the Green Infrastructure Center help our GIS team with mapping tools will create important visuals for public interaction, easily displaying the highest priority areas in the city for tree planting. The public can view the map and explore areas in need near their homes and businesses, creating an interactive educational tool. 5.2.2. Upload your Urban Forest Management Plan. City_of_Bozeman_Urban_Forest_Management_Plan.pdf 5.2.3. Is the community the organization is representing a Tree City USA? Yes 6. Federal & State Program Goals 6.1. How does your project align with the state and federal program goals? Choose all that apply. 1. Advance public education and understanding for the social, economic, environmental and aesthetic values of trees, forests and related resources in communities. 2. Climate change mitigation and adaptation. 3. Expand opportunities, resources and access for underserved and at-risk populations and communities. 4. Advance tree inventory and assessment information. 5. Promote urban forestry planning and tree management plans including broadening community engagement. 6. Develop and encourage the profession of urban forestry through technology transfer, education and training. 7. Increase the biodiversity, health and resilience of trees in urban and community forests through best maintenance and management practices. Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 63380 6.1.1. Explain how the project advances public education and understanding for the social, economic, environmental and aesthetic value of trees, forests and related resources in communities. The Branch Out Bozeman initiative doesn't just focus on tree planting events; we envision a website containing educational content for the community. Coaching from the Green Infrastructure Center would help us create effective visuals; Gallatin Watershed Council will provide texts for explaining the benefits of trees. A fully developed B.O.B. website will be a one-stop shop for public education for Bozeman's urban forest. 6.1.2. Explain how the project advances climate change mitigation and adaptation. From the beginning, B.O.B. has been focused on identifying tree planting sites to address three main concerns: water quality, tree equity, and urban heat island effect. We're trying to find areas where new trees will maximize the benefits provided for climate change concerns. The Green Infrastructure Center has extensive experience modeling and mapping trees as units of green infrastructure to address climate change. In particular, we are lacking the capability to map how trees reduce the urban heat island effect; GIC's training would be very beneficial for this metric. 6.1.3. Explain how the project expands opportunities, resources and access for underserved and at- risk populations and communities. While the B.O.B. effort looks at tree planting city-wide, we have a particular focus on tree equity. Several of our completed projects were chosen due to an obvious lack of tree canopy - these parks and boulevards also happen to be around rental apartments, not owner-occupied homes. Most of the Forestry Division's existing programs rely on interactions from property owners, and we need better ways to engage all residents. GIC's technical services would help us prioritize planting areas based on rent vs. owned, census block districts, and income levels to ensure we're planting trees equitably. 6.1.4. Explain how the project advances tree inventory and assessment information. While our existing tree inventory is quite effective, we only track city- maintained park & boulevard trees. We don't account for the private property trees that contribute to our overall urban forest and canopy cover. The GIC team could offer the tools to blend their canopy data with our existing Forestry inventory and GIS Land Classification data to create a comprehensive, year-over-year measure of Bozeman's urban forest canopy. While the Forestry Division doesn't work directly on private property, the Gallatin Watershed Council can provide outreach and education for those areas. 6.1.5. Explain how the project promotes urban forestry planning and tree management plans, including broadening community engagement. We have accomplished many of the main goals from our 2016 Urban Forest Management Plan, but our community engagement has been lacking. Our plan recommends we "Establish a healthy and vibrant relationship between the community and Bozeman's Forestry Division", and this goal is only possible with community partners like the Gallatin Watershed Council. Creating a professional website for Branch Out Bozeman will provide a central hub for us to increase public education and volunteer opportunities. Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 64381 6.1.6. Explain how the project develops and encourages the profession of urban forestry through technology transfer, education and training. The Branch Out Bozeman initiative has been a collaborative effort from day one. The Forestry Division recognizes its limited resources for a growing city, and that we exponentially increase our capacity by working with other city departments, community volunteers, and nonprofit partners. By working with GIC and GWC, we're collaborating with outside experts to produce the best outcome. Funding this project would allow us to set a new standard for Bozeman's urban forestry operations and how we interact with our residents and represent our industry. 6.1.7. Explain how the project increases the biodiversity, health and resilience of trees in urban and community forests through best maintenance and management practices. Our preliminary canopy assessment with GIC exposed many areas lacking tree canopy, showing potential for planting a new generation of trees with greater species diversity. From our existing tree inventory, we know that our park & boulevard trees are predominantly Ash and Maple species, which we're actively trying to reduce. This project would provide us with a platform to gain more insight on private property trees in our urban forest and educate our community on species diversity and proper tree care. 7. Project Personnel 7.1. List the Project Personnel I would like to use the provided table for my project personnel information. 7.1.1. Provided Project Personnel Table Project Personnell List.xlsx Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 65382 Name Title/Qualification Project Role Level of Involvement Alex Nordquest Forestry Division Manager, City of Bozeman Project Lead High involvement Lilly McLane Watershed Restoration Director, Gallatin Watershed Council Project Lead High involvement Gail Jorgenson GIS Program Manager, City of Bozeman GIS Mapping Design & Maintenance Frequent involvement Matt Lee Director of Forest Conservation, Green Infrastructure Center GIS Training/Coaching Initial involvement ____________ Appendix B Project Personnel Table DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 66383 7.2. Supplemental Information - Project Personnel Narrative. If desired, use this space to explain or expand on the Personnel information. Alex Nordquest - Alex has been working directly with the Gallatin Watershed Council to develop Branch Out Bozeman. He would be heavily involved in this project, working to ensure communication with all partners to determine the right metrics to obtain from the Green Infrastructure Center's canopy assessment of Bozeman. Once these data are obtained by our GIS Division, Alex would provide direction & feedback on designing mapping tools for Branch Out Bozeman's website. Alex is also heavily involved in assisting GWC in selecting future planting sites for volunteer events. Lilly McLane - Lilly has been the lead contact for the Gallatin Watershed Council's involvement with Branch Out Bozeman. She would also be heavily involved in communication during GIC's visit, and providing feedback on designing the mapping tools. Once mapping tools are designed and integrated into the Branch Out Bozeman website, Lilly would be responsible for additional website design, branding, and writing of educational content. Lilly is also the lead for selecting planting sites and coordinating with volunteers. Gail Jorgenson - Gail provides a wealth of experience for mapping & data maintenance across all City departments. She's particularly supportive of Branch Out Bozeman, working with her supervisor to ensure the GIS Division will provide ongoing technical support. Gail would work directly with GIC to interpret their canopy data and integrate it with our existing urban forestry tools. Gail would then be responsible for developing new mapping tools that prioritize tree planting areas based on water quality, tree equity, and urban heat island effect. Matt Lee - Matt's services would be utilized for coaching sessions to interpret GIC's canopy assessment of Bozeman's urban forest. Our GIS Division will merge these data with our existing urban forest tools to create map tools for the Branch Out Bozeman website. 8. Leveraging Local Support and Outreach 8.1. List local groups and people supporting the project with in-kind contributions and volunteering time. I would like to use the provided table for my Leveraging Local Support and Outreach information. 8.1.1. Provided table for Leveraging Local Support and Outreach. Leveraging Support List.xlsx Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 67384 Partner Organization Name Activities/Effort Gallatin Watershed Council Project Lead, Website Design, Public Education Material, Volunteer Management ____ Volunteers Activities/Efforts ____ Appendix B Leveraging Local Outreach and Support DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 68385 8.2. Supplemental Information - Leveraging Support Narrative. If desired, use this space to explain or expand on the Leveraging Support List. This project is specifically focused on technical support from Green Infrastructure Center and increasing capacity for Gallatin Watershed Council. Once completed this project would allow us to engage the general public, businesses, and other local partners for ongoing volunteer projects and fundraising. 9. Project Work Plan and Schedule 9.1. Outline the Project Work Plan and Schedule I would like to use the provided table for my Project Work Plan and Schedule. 9.1.1. Provided Table for Work Plan and Schedule TableTemplate.xlsx 9.2. Supplemental Information - Project Work Plan and Schedule Narrative. If desired, use this space to explain or expand on the Project Plan and Schedule. The initial work focus would be scheduling Green Infrastructure's coaching sessions. This would involve collaboration with all parties (GIC, GIS, Forestry, GWC). From there, we would develop the mapping tools/visuals and start using the tools to select planting sites and engage volunteers. 9.3. Does your project include tree planting? No 9.4. Does your project include a tree planting cost-share program? No 10. Project Monitoring and Effectiveness Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 69386 Task Start Date End Date Schedule GIC Coaching Session(s)March 2024 May 2024 Partner Discussions on Data Fields March 2024 May 2024 BOB Mapping Tools Development May 2024 July 2024 Integrate Mapping Tools into Bob Website July 2024 Ongoing Event Planning - Identify Planting Locations Ongoing Ongoing ___ Appendix B Work Plan and Schedule DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 70387 10.1. Describe how your project will meet the needs and benefit your community at large. Outline long-term results, outputs and deliverables. Receiving direct training sessions from the Green Infrastructure Center will allow us to make the best use of their data and our own existing tools. This will all be developed into map layers and visuals on a public website for Branch Out Bozeman, very much emphasized on public involvement. Residents will be able to view tree canopy data for public and private trees alike, and areas in need of planting will be displayed. Year-over-year data on the website will show canopy gained from each volunteer planting event, as well as canopy lost due to construction projects across the city. This ongoing monitoring will provide an accurate measure of our efforts and help guide continued volunteer planting events in the most impactful areas of the city. Upcoming volunteer planting events will be announced and scheduled through the website; new trees will be added to the Forestry's tree inventory system. During annual monitoring, Forestry staff will note tree condition and health. Trees that do not survive will be reflected on both the inventory and canopy tools so we can maintain a high level of accuracy. 10.2. Describe any potential challenges that could impact the project. Staffing changes from any of our core partners (GWC, the city's Forestry/GIS teams) could disrupt project progress. The Green Infrastructure Center is willing to provide us with a defined set of deliverables from their training sessions, and their processes would be recorded to ensure ongoing institutional knowledge for the project. Once training sessions have concluded, senior staff from both the City and Gallatin Watershed Council will monitor website integration of GIC components and record internal processes to ensure continuity of all systems in the event of staff turnover. 11. Budget Check "More Information" to learn about direct and indirect costs. More Information Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 71388 Direct costs are those that are directly and only related to a project. For example: the hours that the organizations forester spends on a particular project, similarly the miles that are driven by the forester to the project location. If a mailing is part of the project, the cost of printing, envelopes and stamps are considered direct costs. Indirect costs are those that are not directly and only related to a specific project but are spread across the entire organization or several projects. Examples are: rent for the office, the electric bill for the organization. Salary/wages/benefits can be assessed to indirect costs as well, such as an accountant who handles the accounting for the entire organization and does not track how their hours are spent. Indirect costs are not itemized but are instead paid at a percentage of the Total Grant/Award Amount. Organizations can negotiate a rate with the federal government if they are directly awarded federal funds. This is called a Negotiated Indirect Cost Rate Agreement (NICRA.) Organizations with a NICRA are eligible to request their full percentage rate for any award that comes from federal funds. They can request a smaller rate, but never more than the NICRA. Organizations without a NICRA are eligible to request Indirect Costs at the de minimis rate of 10%. You can request less than 10% but unless you have a NICRA, you cannot request more than 10%. 11.1. Are you requesting indirect costs for this project? No Budget Table Instructions Urban and Community Program Development- Match Required 1. Download the Project Budget Table Worksheet. 2. Save the budge table worksheet to your local drive. 3. Complete your budget. Use only numbers in the columns. For example, do not use "/hour" or "per hour", it will cause the formulas to fail. 4. Upload completed budget table worksheet below. Rows and columns of the budget table worksheet should tabulate for you. However, please review your math and totals. All match expenditures (both cash and in-kind contributions) must be substantiated with documentation to be applied to the 3:1 match requirement. Federal funds may NOT be used as match. (No federal cash, donated and/or in-kind contributions.) 11.2. Upload Completed Project Budget Table USE_FY24_UCF_Budget_Tempalate_Match_1.xlsx 11.3. Total Funds Requested. 28548.57 11.4. Total Funds Pledged to Match. 90000.0 12. Supporting Documentation 12.1. Supplemental Information - Upload any supporting documentation you would like included in the application. City_GIS_Forestry_Dashboard.png Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 72389 GIC_-_Overall_Tree_Canopy.png GIC_-_Parks_Stats.png GIC_-_Urban_Heat_Equity_Stats.png GIC_Natural_Waterways_Stats.png GWC_Costs_-_Grant_Support.pdf City_of_Bozeman_Canopy_Coach_quote_Final.docx 13. Certification and Authorization to Sign 13.1. Certification and Authority to Sign Yes, I am authorized to sign this application on behalf of the organization I represent. 13.1.1. Federal Funding Certification Statement Alex Nordquest Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 73390 Provide Organization Personnel Expenses by Position (Salaries/Wages/ Benefits) Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Match Provided (Cash/ In-Kind) Alex Nordquest (City Forestry)500 $ 50.00 $ 25,000.00 $ 25,000.00 Lilly McLane (GWC) $ 12,220.00 $ 12,220.00 $ 12,220.00 Gail Jorgenson (City GIS)400 $ 50.00 $ 20,000.00 $ 20,000.00 $ - $ - $ - $ - TOTALS -> $ 57,220.00 $ 12,220.00 $ 45,000.00 Operating Expenditures (Travel, Supplies, Rentals, Etc.) Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Match Provided (Cash/ In-Kind) Promotional Materials $ 100.00 $ 100.00 $ 100.00 Hand Tools $ 500.00 $ 500.00 $ 500.00 Safety Equipment $ 500.00 $ 500.00 $ 500.00 Allocated Forestry Budget (by year)3 $15,000 $ 45,000.00 $45,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTALS -> $ 46,100.00 $ 1,100.00 $ 45,000.00 Contracted Professional Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Match Provided (Cash/ In-Kind) Matt Lee (GIC)1 $ 15,228.57 $ 15,228.57 $ 15,228.57 $ - $ - $ - $ - $ - $ - TOTALS -> $ 15,228.57 $ 15,228.57 $ - Total for Direct Cost Categories TOTALS -> $ 28,548.57 Indirect Costs Rate (%)Indirect Funds Requested Add Indirect Cost Rate Here-> $ - $ 28,548.57 $ 90,000.00 Total Project Cost $ 118,548.57 Total Match Provided Total Funds Requested from DNRC (Direct TOTAL -> Cost Breakdown (must equal Total Cost for each line Appendix B Budget S u p er s e d e d, s e e Appendi x C f or B u d g et DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 74391 The following documents for UCF-24-106_Bozeman are on file at DNRC: City of Bozeman Growth Boundary Bozeman Tree Inventory Bozeman Urban Forestry Management Plan City GIS Forestry Dashboard GIC Overall Tree Canopy GIC Parts Stats GIC Urban Hear Equity Starts GIC Natural Waterways States GWC Costs – Grant Support City of Bozeman Canopy Coach Quote Appendix B DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 75392 Provide Organization Name -> Personnel Expenses by Position (Salaries/Wages/Benefits) Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Match Provided (Cash/ In-Kind) Alex Nordquest (City Forestry)142 $ 50.00 $ 7,100.00 $ 7,100.00 Lilly McLane (GWC)142 $ 50.00 $ 7,100.00 $ 7,100.00 Gail Jorgenson (City GIS)142 $ 50.00 $ 7,100.00 $ 7,100.00 $ - $ - $ - $ - TOTALS -> $ 21,300.00 $ 21,300.00 Operating Expenditures (Travel, Supplies, Rentals, Etc.)Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Match Provided (Cash/ In-Kind) Allocated Forestry Budget (by year)3 $15,000 $ 45,000.00 $45,000.00 $ - $ - $ - TOTALS -> $ 45,000.00 $ - $ 45,000.00 Contracted Professional Services Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Match Provided (Cash/ In-Kind) GIC Coaching Sessions 1 $9,968.18 $ 9,968.18 $ 9,968.18 $ - TOTALS -> $ 9,968.18 $ 9,968.18 $ - Total for Direct Cost Categories Funds Requested TOTALS -> $ 9,968.18 Indirect Costs Rate (%)Indirect Funds Requested Add Indirect Cost Rate Here-> $ - $ 9,968.18 $ 66,300.00 Total Project Cost $ 76,268.18 Total Match Provided Total Funds Requested from DNRC (Direct + Indirect) TOTAL -> Cost Breakdown (must equal Total Cost for each line item) Appendix C $3,323 $3,323 $13,291 DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 76393 Revised 5/2024 Request for Disbursement of Grant/Subaward Funds DNRC Financial Report Organization Name: Agreement #: ☐Request for Reimbursement or ☐Request for Advance Total Award Amount: $ Funds Previously Requested: $ Period Covered by this Request – From Date: To Date: Award Share – REQUEST this Period DNRC validates category spending with each request. Overspending a category budget may delay payment. Employee Time: salary/wages/benefits $ Operating Expenses $ Payments to Landowners (Beneficiaries) $ Contracted Services (incl. Contractor Time) $ Subtotal – Direct Costs $ Indirect Costs $ Total Request Amount $ Recipient Share – MATCH this Period ☐No Match Required Employee Time: salary/wages/benefits $ Operating Expenses $ Landowner Contributions $ Contracted Services (incl. Contractor Time) $ Other (explain in Remarks section below) $ Total Match Amount $ Program Income Earned: $ Award Balance after this Request: $ Remarks: Authorized Certifying Official: I certify to the best of my knowledge and belief that the information provided herein is true, complete, and accurate. I am aware that the provision of false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative consequences including, but not limited to violations of U.S. Code Title 18, Sections 2, 1001, 1343 and Title 31, Sections 3729-3730 and 3801-3812. Name: Title: Email: Signature: Date: Appendix D DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 77394 Upload volunteer time tracking data Workforce Development accomplished during this reporting period: Were trainings offered? Y/N How many people participated? How many jobs or equivalent FTE were created or maintained because of this project? Please share any media coverage, social media posts, and any stories, videos, or photos. Narrative space for stories, URL’s, and links. Upload space for photos and videos Appendix E UCF PD/IRA Semiannual Report Worksheet The intent of this worksheet is to provide a preview of information that will be required on the report. Do not submit this worksheet as a report. Reports must be submitted on the Submittable platform. Your Name, Organization Name Agreement # UCF-XX-XXX Reporting Period: __January 1 - June 30, __July 1 - December 31 Year Project Status: Estimated percentage of project complete. Are you experiencing any delays or issues that are affecting the implementation of the project? If yes, explain issue and remedies. Deliverables and metrics accomplished during this reporting period: Where did project work take place? List all locations where project work took place with an address, park name, or area description. Be prepared to provide data for the following if part of your project: How many total trees were planted at all project locations? Was species diversity increased? Y/N If yes, how? How many total trees were pruned or removed? Was the wood utilized in some way, mulch etc.? Y/N If yes, describe use. How many volunteer hours were worked? DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 78395 Certificate Of Completion Envelope Id: F995D860D9414B2580C9D559A6944979 Status: Completed Subject: DNRC Agreement #UCF-24-106_Bozeman.pdf Source Envelope: Document Pages: 34 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Janis Fontaine AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 1539 11th Avenue Helena, MT 59601 janis.fontaine@mt.gov IP Address: 161.7.39.7 Record Tracking Status: Original 6/25/2024 12:28:16 PM Holder: Janis Fontaine janis.fontaine@mt.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Montana Dept of Natural Resources & Conservation Location: DocuSign Signer Events Signature Timestamp Alex Nordquest anordquest@bozeman.net Forestry Division Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 6/25/2024 12:31:16 PM Viewed: 6/27/2024 1:32:14 PM Signed: 6/27/2024 1:43:07 PM Electronic Record and Signature Disclosure: Accepted: 6/27/2024 1:32:14 PM ID: 11d9dd22-b457-42aa-8521-6005a59590ca Jamie Kirby jamiekirby@mt.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 6/27/2024 1:43:09 PM Viewed: 6/27/2024 3:10:45 PM Signed: 6/27/2024 3:10:59 PM Electronic Record and Signature Disclosure: Accepted: 6/27/2024 3:10:45 PM ID: fd4dd977-2771-49ff-b5f4-81f19c42a1ba 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 DNR HQT FSO AP dnrhqtfsoap@mt.gov Security Level: Email, Account Authentication (None) Sent: 6/27/2024 3:11:00 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 79396 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/25/2024 12:31:16 PM Certified Delivered Security Checked 6/27/2024 3:10:45 PM Signing Complete Security Checked 6/27/2024 3:10:59 PM Completed Security Checked 6/27/2024 3:11:00 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 80397 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Montana Dept of Natural Resources & Conservation (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 system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. 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 the signing session and, if you elect to create a DocuSign account, you may access the documents 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. Further, 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 Electronic Record and Signature Disclosure created on: 11/13/2020 9:32:35 PM Parties agreed to: Alex Nordquest, Jamie Kirby Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 81398 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 electronically from us. How to contact Montana Dept of Natural Resources & Conservation: 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: kgermaine@mt.gov To advise Montana Dept of Natural Resources & Conservation of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at kgermaine@mt.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Montana Dept of Natural Resources & Conservation 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 email to kgermaine@mt.gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Montana Dept of Natural Resources & Conservation To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 82399 i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to kgermaine@mt.gov and in the body of such request you must state your email, full name, mailing 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 The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically 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 confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email 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 as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify Montana Dept of Natural Resources & Conservation as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Montana Dept of Natural Resources & Conservation during the course of your relationship with Montana Dept of Natural Resources & Conservation. Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 83400 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Grants Coordinator Andy Knight, Deputy Police Chief Jim Veltkamp, Police Chief SUBJECT:Authorize Mayor to approve the Gallatin County Sheriff's Office agreement for the Missouri River Drug Task Force grant. MEETING DATE:October 8, 2024 AGENDA ITEM TYPE:Grant RECOMMENDATION:Approve consent agenda item STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:This is a consent agenda item for the Mayor's approval for the sub-recipient agreement with the Gallatin County Sheriff's Office to provide local law enforcement to interdict gang and drug activity through multi-jurisdictional efforts. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:Total expenditures are expected to be $115,752.12. The grant will provide $81,026.56 of funding. Expenditures will be made in the Drug Forfeiture fund and division and may require a future budget amendment. Attachments: FY25_BPD_GCSO_MRDTF_Agreement.pdf Report compiled on: September 12, 2024 84 Grant # (issued by City Clerk) Grant Name Grant Project Manager Department Person Responsible for Financial Reporting Person Responsible for Performance Reporting & Close Out *Note: this person is also reseponsible for record retention requirements. Grant Source Federal State Other CDFA # (Federal Only)Fiscal year of award Grant Amount Included in Budget? Match Requirement (%)Budget Account Code Match Amount Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur. Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses? Desctibe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?): Process Phase / Signature Matrix City Clerk Commission Date Notice of Intent Application Award/Contract City Manager City of BozemanGrant Routing Form Department Director (I understand and will carry out the provisions of the grant) Finance Director Grant Routing Form May 2023 Describe the nature of the grant and eligible uses: FY25 Missouri River Drug Task Force Grant Jim Veltkamp/Andy Knight Police Jamie Grabinski Andy Knight -performance/Jamie Grabinski -close out 16.738 2025 81,026.56 Yes 30.00%125-3040-421. $ 34,725.56 Yes No This is a sub-recipient grant agreement with Gallatin County Missouri River Drug Task Force. The grant covers a portion of regular salaries and benefits for two police officers. The grant requires quarterly financial reports and is a cost reimbursement grant. Reports are submitted via email to the MRDTF administrative assistant and the GCSO financial manager. n/a n/a n/a n/a -- n/a n/a n/a n/a -- Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 2024-05 10/08/2024 85341 FACE SHEET 25-G01-2010 CONTRACT NUMBER: SUBRECIPIENT NAME/ADDRESS: City of Bozeman PO BOX 1230 BOZEMAN, MT 59715 TOTAL BUDGET: $231,505.01 BOZEMAN CITY MBCC BUDGET: $115,752.12 BOZEMAN CITY LOCAL MATCH: $34,725.56 BOZEMAN CITY MBCC AWARD: $81,026.56 TOTAL CONTRACT AMOUNT: $115,752.12 SUBRECIPIENT CONTACT INFO: Jim Veltkamp CHIEF OF POLICE 406-582-2000 PROGRAM CONTACT INFO: CPT. Nathan Kamerman 677 LAURA LOUISE LANE BOZEMAN, MT 59718 406-582-2110 FISCAL CONTACT INFO: Drew Ellis 677 LAURA LOUISE LANE BOZEMAN, MT 59718 406-582-2069 CONTRACT START DATE: 07/01/2024 CONTRACT END DATE: 06/30/2025 FUNDING AUTHORITY: MONTANA BOARD OF CRIME CONTROL - US DEPARTMENT OF JUSTICE - FEDERAL FUNDING CFDA NUMBERS(s): 16.738 CFDA TITLE(S): EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PURPOSE: Provide local and tribal governments with U.S. Department of Justice, Bureau of Justice Assistance funds to interdict gang and drugs through the multi-jurisdictional efforts of law enforcement and prosecution. MBCC Grant Award 23-G01-1345. EXHIBITS (specify): Exhibits A, B, C, & D MBCC Special Conditions This Contract contains all of the terms and conditions agreed upon by the parties and all documents attached or incorporated by reference, include Basic Interagency Agreement or its successor. No other understandings or representations, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Contract and have authority to enter into this Contract. CONTRACTOR BOARD OF COUNTY COMMISSIONERS Chuck Winn, City Manager Date Zach Brown, Chairman Date Rev. 10/16 Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 9/18/2024 86342 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 EXHIBIT "A" GENERAL TERMS AND CONDITIONS In consideration of the covenants, conditions, performances, and provisions hereinafter contained, the parties hereto agree as follows: Definitions: The words and phrases listed below, as used in the Contract, shall have the following definitions: • "Contract" means this Contract and the Contractor Contract on General Terms and Conditions and any Exhibits and other documents attached or incorporated by reference. • "CFR" means Code of Federal Regulations. All references in this Contract to CFR chapters or sections shall include any successor, amended, or replacement regulation. The CFR may be accessed at http://www.gpoaccess.gov/cfr/index.html. • "Debarment" means an action taken by a federal official to exclude a person or business entity from participating in transactions involving certain federal funds. • General Terms and Conditions" means the contractual provisions contained within this Contract, which govern the contractual relationship between the County and the Contractor, under this Contract. • "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. • "Principals," which includes officers, members of the Board of Directors, owner(s), or other person(s) with management or supervisory responsibilities relating to the transaction. • "MCA" means the Montana Code Annotated. All references in this Contract to MCA chapters or sections shall include any successor, amended, or replacement statute. • "Subcontract" means a separate contract between the Contractor and an individual or entity ("Subcontractor") to perform all or a portion of the duties and obligations that the Contractor shall perform pursuant to this Contract. • "USCA" means United States Code Annotated. All references to USCA chapters or sections in this Contract shall include any successor, amended, or replacement statute. The USCA may be accessed at http://www.gpoaccess.gov/uscode/index.html. Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 87343 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 1. Amendment: This Contract, or any term or condition, may only be modified in writing and signed by both parties. Only personnel authorized to bind each of the parties shall sign an amendment. 2. Assignment: Except as otherwise provided herein, the Contractor shall not assign rights or obligations derived from this Contract to a third party without the prior, written consent of the County and the written assumption of all of the Contractor's obligations in this Contract by the third party. 3. Billing Limitations: Contractor shall maintain a written record of expenses and submit quarterly invoices detailing expenses for reimbursement to: Gallatin County Sheriff’s Office, 615 South 16th Avenue, Bozeman, MT 59715. The County shall pay the Contractor within 45 days after receiving an invoice and proper supporting documentation. All billings must be received no later than 7 days after the close of the quarter/contract to be considered for payment. The decision to approve or deny payment of claims for services submitted after more than 60 days shall rest solely with the County and the County’s decision shall be final and not capable of right to appeal. 4. Circulars "COMPLIANCE MATRIX": The following Compliance Matrix identifies the OMB Circulars that contain the requirements, which govern expenditure of federal funds. These requirements apply to the primary recipient of federal funds, and then follow the funds to the subrecipients. The federal Circulars, which provide the applicable administrative requirements, cost principles and audit requirements, are identified by subrecipient organization type. COMPLIANCE MATRIX Federal Uniform Guidance Title 2 CFR Subpart F ENTITY TYPE ADMINISTRATIVE REQUIREMENTS COST PRINCIPLES AUDIT REQUIREMENTS State, Local and Indian Tribal Governments & Governmental 2 CFR part 200 2 CFR Part 200 2 CFR Part 200 F 5. Compliance with Applicable Law: At all times during the term of this Contract, the Contractor and the County shall comply with all applicable federal, state, and local laws, regulations, and rules, including, but not limited to, non-discrimination laws and regulations. Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 88344 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 6. Confidentiality: The parties shall use Personal Information and other confidential information gained by reason of this Contract only for the purpose of this Contract. The County and the Contractor shall not disclose, transfer, or sell any such information to any other party or in the case of Personal Information, except as provided by law or with the prior written consent of the person to whom the Personal Information pertains. The parties shall maintain the confidentiality of all Personal Information and other confidential information gained by reason of this Contract and shall return or certify the destruction of such information if requested in writing by the party to this Contract that provided the information 7. Debarment Certification: The Contractor, by signature to this Contract, certifies the Contractor, its Principles and any Subcontractors are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (debarred). The Contractor also agrees to include the above language notification requirement in any and all Subcontracts into which it enters. The Contractor shall immediately notify the County if, during the term of this Contract, the Contractor, its Principles or Subcontractors becomes debarred. The County may immediately terminate this Contract by providing the Contractor written notice if the Contractor becomes debarred during the term of this Contract. 8. Disputes: A Dispute Board shall determine Disputes between the parties in the following manner: Each party shall appoint one member to the Dispute Board. The members appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Contract terms, and applicable statutes and rules and make a determination. This process shall constitute the final administrative remedy available to the parties. Each party reserves the right to litigate issues and matters in court de novo. 9. Documentation for Reimbursement Requests: At the Contractor's first request for reimbursement, the Gallatin County Sheriff’s Office will require detailed back-up documentation for all expenditures. On subsequent invoices, the monthly activity report and a printout from the Contractor's accounting system listing the expenditures charged against the contract will be acceptable. All back-up documentation must be available to the County and all other auditors, upon request. Reimbursement of expenditures for staff time spent on more than one source will require timesheets reflecting hours charged to the contract. 10. Entire Contract: This Contract, including all documents attached to or incorporated by reference; contain all the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the parties. 11. Governing Law, Venue, and Jurisdiction: This Agreement shall be governed by the laws of the State of Montana. Any action to enforce this Agreement shall be brought in the District Court of the Eighteenth Judicial District, Gallatin County, Montana. Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 89345 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 12. Independent Status: For purposes of this Contract, the Contractor acknowledges that the Contractor is not an officer, employee, or agent of the County. The Contractor shall not hold out itself or any of its employees as, nor claim status as, an officer, employee, or agent of the County. The Contractor shall not claim for itself or its employees any rights, privileges, or benefits, which would accrue to an employee of the County. The Contractor shall indemnify and hold harmless the County from all obligations to pay or withhold federal or state taxes or contributions on behalf of the Contractor or the Contractor's employees. a. The parties agree that, for the purposes of this Contract, the Contractor is an independent contractor and neither the Contractor nor any employee of the Contractor is an employee of the County. Neither the Contractor nor any employee of the Contractor is entitled to any benefits that Gallatin County provides its employees. The Contractor is solely responsible for payment of any statutory workers compensation or employer's liability insurance as required by state law. 13. Inspection: Either party may request reasonable access to the other party's records and place of business for the limited purpose of monitoring, auditing, and evaluating the other party's compliance with this Contract and applicable laws and regulations. During the term of this Contract and for one year following termination or expiration of this Contract, upon receiving reasonable written notice, the parties shall provide the other party with access to its place of business and to its records, which are relevant to its compliance with this Contract, and applicable laws and regulations. This provision shall not be construed to give either party access to the other party's records and place of business for any other purpose. Nothing herein shall be construed to authorize either party to possess or copy records of the other party. 14. Insurance: The CONTRACTOR certifies that it shall carry comprehensive general liability insurance in the amount no less than $1,500,000.00 for each occurrence; Automobile Liability in the amount of $1,500,000.00 combined single limit; Professional Liability or Errors and Omissions coverage in the amount of $1,500,000.00. All insurance policies shall be primary and noncontributory and shall name Gallatin COUNTY as additional insured. Such certificate shall require no less than 15 days notice of cancellation to COUNTY. CONTRACTOR shall put COUNTY on immediate notice of any changes or cancellation in coverage. CONTRACTOR shall require all consultants, and subcontractors to meet the same insurance coverage. During the term of the contract, the Contractor shall maintain in force, at its expense, insurance as noted below. There shall be no cancellation, material change, reduction in limits or intent not to renew the insurance coverage(s) without 30 days written notice from the contractor or its insurer(s) to the participating agencies. Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 90346 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 15. Condition Precedent Delivery of Documents: Certificate of Insurance/Workers Compensation/Independent Contractor Status: As a condition precedent to this agreement binding the parties, on or before execution of this agreement CONTRACTOR shall deliver to the COUNTY original or certified copies of the Certificate of Insurance, Certificate of Workers Compensation Coverage, Independent Contractors License, and any other documents required. CONTRACTOR shall cooperate in good faith and shall deliver, upon request, such other and further documents as may be reasonably required to determine CONTRACTOR’s strict compliance with the required insurance, Workers Compensation coverage and independent CONTRACTOR status and the terms and conditions of this agreement. 16. Maintenance of Records: During the term of this Contract and per state law for seven years following termination or expiration of this Contract, both parties shall maintain records sufficient to: a. Document performance of all acts required by law, regulation, or this Contract; b. Demonstrate accounting procedures, practices, and records that sufficiently and properly document the Contractor's invoices to the County and all expenditures made by the Contractor to perform as required by this Contract. c. For the same period, the Contractor shall maintain records sufficient to substantiate the Contractor's statement of its organization's structure, tax status, capabilities, and performance. 17. Nondiscrimination: The Contractor agrees that it shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, sexual orientation, age, marital status, political affiliation or belief, or the presence of any sensory, mental or physical handicap pursuant to the Americans with Disabilities Act (42 USC 12101 et seq.) In the event the Contractor violates this provision, the County may terminate this Contract immediately and bar the Contractor from performing any services for the County in the future. 18. Order of Precedence: In the event of an inconsistency in this Contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence, in the following order, to: a. Applicable Federal and State of Montana statutes and regulations; Special Terms and Conditions of this Contract; This Contract. 19. Ownership of Material: Copyright in all material created by the Contractor and paid for by the County shall be the property of the State of Montana. Both County and Contractor may use these materials and permit others to use them, for any purpose consistent with their respective missions as part of the State of Montana. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the Contractor uses to Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 91347 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 perform this Agreement but is not created for or paid for by the County is owned by the Contractor or such other party as determined by Copyright Law and/or Contractor's internal policies. Contractor hereby grants the County a perpetual license to use this material for County internal purposes at no charge to the County, provided that such license shall be limited to the extent which the Contactor has a right to grant such a license. 20. Responsibility: Each party to this Contract shall be responsible for the negligence of its officers, employees, and agents in the performance of this Contract to the extent allowed by law. No party to this Contract shall be responsible for the acts and/or omissions of entities or individuals not party to this Contract. The County and the Contractor shall cooperate in the defense of tort lawsuits, when possible. Both parties agree and understand that this provision may not be feasible in all circumstances. The County and the Contractor agree to notify the attorneys of record in any tort lawsuit where both are parties if either the County or the Contractor enters into settlement negotiations. It is understood that the notice shall occur prior to any negotiations, or as soon as possible, and the notice may be either written or oral. 21. Severability: The provisions of this Contract are severable. If any court holds any provision of this Contract, including any provision of any document incorporated by reference, invalid, that invalidity shall not affect the other provisions this Contract. 22. Subcontracting: The Contractor may not subcontract the services to be provided under this Contract, unless requested and approved in writing by the Board of County Commissioners for Gallatin County or their assigns or unless otherwise specified in this Contract. If the County, the Contractor, and a subcontractor of the Contractor are found by a jury or trier of fact to be jointly and severally liable for personal injury damages arising from any act or omission from the contract, then the County shall be responsible for its proportionate share, and the Contractor shall be responsible for its proportionate share. Should the subcontractor be unable to satisfy its joint and several liability, the County and the Contractor shall share in the subcontractor's unsatisfied proportionate share in direct proportion to the respective percentage of their fault as found by the jury or trier of fact, to the extent allowed by law. Nothing in this term shall be construed as creating a right or remedy of any kind or nature in any person or party other than the County and the Contractor. This term shall not apply in the event of a settlement by either the County or the Contractor. 23. Subrecipients: a. General: If the Contractor is a subrecipient of federal awards as defined by the Code of Federal Regulations, 2 CFR Part 200, and this Contract, the Contractor shall: i. Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass- Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 92348 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 through entity; ii. Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; iii. Prepare appropriate financial statements, including a Schedule of Expenditures of Federal Awards; iv. Incorporate 2 CFR Part 200 audit requirements into all agreements between the Contractor and its Subcontractors who are subrecipients; v. Comply with any future amendments to 2 CFR Part 200 and any successor or replacement Circular or regulation; vi. Comply with the applicable requirements of applicable Circulars defined under Circulars "Compliance Matrix" found in item 5 of the General Terms and Conditions and any future amendments to them, and any successor or replacement Circulars or regulations; and vii. Comply with the Omnibus Crime Control and Safe Streets Act of 1968; Title VI of the Civil Rights Act of 1964; Victims of Crime Act (42 U.S.C.§ 10604(e)); Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5673(b)); Section 504 of the Rehabilitation Act of 1973; Title II of the Americans with Disabilities Act of 1990; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; The Department of Justice Nondiscrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G, and 28 CFR Part 35 and Part 39; Executive Order 13279 (equal protection of the law for faith-based and community organizations; and 28 C.F.R. Part 37 ((U.S. Department of Justice Regulations — Equal Treatment for Faith Based Organizations). (See www.oin.usdoi.gov/ocr for additional information and access to the aforementioned Federal laws and regulations.) 1. Single Audit Act Compliance: If the Contractor is a subrecipient and expends $750,000 or more in federal awards from all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: a. Submit to the County contact person, listed on the first page of this Contract, the data collection form and reporting package specified in 2 CFR Part 200, reports required by Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 93349 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor; i. Follow-up and develop corrective action for all audit findings; in accordance with 2 CFR Part 200, and prepare a "Summary Schedule of Prior Audit Findings." 24. Overpayments: If it is determined by the County, or during the course of the required audit, that the Contractor has been paid unallowable costs under this Contract, the County may require the Contractor to reimburse the County in accordance with appropriate applicable Circulars defined under Circulars "Compliance Matrix" found in item 5 of the General Terms and Conditions. 25. Survivability: The terms and conditions contained in this Contract, which by their sense and context, are intended to survive the expiration of this particular Contract shall survive. Surviving terms include, but are not limited to: Confidentiality, Disputes, Inspection, Maintenance of Records, Ownership of Material, Responsibility, Termination for Default, Termination Procedure, and Title to Property. 26. Termination Due to Change in Funding: If the funds upon which the County relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the County may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 27. Termination: Either party may terminate this Agreement by providing thirty (30) calendar days written notice sent by certified mail to the addresses listed on Page 1. If the Contractor fails to comply with the terms and conditions of this Agreement, the County may pursue such remedies as are legally available, including, but not limited to, the immediate termination of this Agreement. If this Agreement is terminated for any reason, County shall pay only for performance rendered or costs incurred in accordance with the terms of this Agreement and prior to the effective date of termination. 28. Title to Property: Title to all property purchased or furnished by the County for use by the Contractor during the term of this Contract shall remain with the County. Title to all property purchased or furnished by the Contractor for which the Contractor is entitled to reimbursement by the County under this Contract shall pass to and vest in the County. The Contractor shall take reasonable steps to protect and maintain all the County property in its possession against loss or damage and shall return the County property to the County upon Contract termination or expiration, reasonable wear and tear excepted. 29. Treatment of Client Property: Unless otherwise provided in this Contract, the Contractor shall ensure that any adult client receiving services from the Contractor under this Contract has unrestricted access to the client's personal property. The Contractor shall not interfere Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 94350 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 with any adult client's ownership, possession, or use of the client's property. The Contractor shall provide clients under age 18 with reasonable access to their personal property that is appropriate to the client's age, development, and needs. Upon termination or completion of this Contract, the Contractor shall promptly release to the client and/or the client's guardian or custodian all of the client's personal property. This section does not prohibit the Contractor from implementing such lawful and reasonable policies, procedures and practices as the Contractor deems necessary for safe, appropriate, and effective service delivery (for example, appropriately restricting clients' access to, or possession or use of, lawful or unlawful weapons and drugs). 30. Waiver: Waiver of any breach or default on any occasion shall not be deemed a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Contract unless amended as set forth in Section 2, Amendment. Only the Board of County Commissioners for Gallatin County has the authority to waive any term or condition of this Contract on behalf of the County. 31. Notices: Any demand, request or notice which either party desires or may be required to make or deliver to the other shall be in writing and shall be deemed delivered when personally delivered, or when delivered by private courier service (such as Federal Express), or three days after being deposited in the United States mail, in registered or certified format, return receipt requested, addressed as follows: Contractor: Chuck Winn- City Manager City of Bozeman 121 North Rouse Bozeman, MT 59715 County: Zach Brown County Commissioner 311 West Main Street, Room 306 Bozeman, MT 59715 Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 95351 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 EXHIBIT “B” SPECIAL TERMS AND CONDITIONS 1. Acknowledgement of Federal Funding: The contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Agreement, shall contain the following statement: "This project was supported by Grant No. 23-G01-1345 awarded by the Montana Board of Crime Control (MBCC) through the office of Justice Programs, US Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the US Department of Justice.” 2. Agreement Management: The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement, The Representative for Gallatin County and their contact information are identified on the Face Sheet of this Agreement. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Agreement. 3. Compensation: Gallatin County shall pay an amount not to exceed that specified in MBCC Award box of this Agreement's Face Sheet for the performance of all things necessary for or incidental to the performance of work as set forth in the Statement of Work. Contractor's compensation for services rendered shall be based on the following rates or in accordance with the following terms: 4. Billing Procedures And Payment: a. Gallatin County will pay the Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the County, not more often than quarterly. b. Invoices shall describe and document, to County’s satisfaction, a description of the work performed the progress of the project, and fees. The invoice shall include the Agreement reference number specified on the upper-right corner of each page of this Agreement. c. Payment shall be considered timely if made by County within forty-five (45) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. d. Gallatin County may, in its sole discretion, terminate the Agreement or withhold payments claimed by the Contractor for services rendered if the Contractor fails to Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 96352 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 satisfactorily comply with any term or condition of this Agreement. e. No payment in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by Gallatin County. f. The Contractor shall not bill the County for services performed under this Agreement, and the County shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. g. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization. h. Gallatin County is responsible for the oversight and monitoring of your subgrant award in accordance with all applicable statues, regulations, and guidelines. As a subrecipient, you are required to direct questions concerning your subgrant or requests for changes to Gallatin County. Do not contact the MBCC or the federal grantor. 5. Insurance: The Contractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect Gallatin County should there be any claims, suits, actions, costs, damages, or expenses arising from any loss or negligent or intentional act or omission of the Contractor or Subcontractor, or agents of either, while performing under the terms of this Agreement. The insurance required shall be issued by an insurance company authorized to do business within the state of Montana. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the Gallatin County, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Contractor shall instruct the insurers to give Gallatin County thirty (30) calendar days advance notice of any insurance cancellation, non-renewal, or modification. The Contractor shall submit to the County within fifteen (15) calendar days of the Agreement start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Agreement, the Contractor shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. a. The Contractor shall provide insurance coverage that shall be maintained in full force and effect during the term of this Agreement, as follows: i. Commercial General Liability Insurance Policy: Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Agreement activity but no less than $1,500,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. ii. Automobile Liability: In the event that performance pursuant to this Agreement Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 97353 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 involves the use of vehicles owned or operated by the Contractor or its Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,500,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. iii. Professional Liability, Errors, and Omissions Insurance: The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum limits of no less than $1,500,000 per occurrence to cover all activities by the Contractor and licensed staff employed or under contract to the Contractor. Gallatin County, its agents, officers, and employees shall be named as additional insured under this policy. b. Fidelity Insurance: Every officer, director, employee, or agent who is authorized to act on behalf of the Contractor for the purpose of receiving or depositing funds into program accounts, or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: i. The amount of fidelity coverage secured pursuant to this Agreement shall be $100,000 or the highest of planned reimbursement for the Agreement period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name Gallatin County as beneficiary. ii. Subcontractors that receive $10,000 or more per year in funding through this Agreement shall secure fidelity insurance as noted above. Fidelity insurance secured by Subcontractors pursuant to this paragraph shall name the Contractor as beneficiary. iii. The Contractor shall provide, at Gallatin County’s request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that Gallatin County will be provided thirty (30) days advance written notice of cancellation. c. Additional Provisions: Above insurance policy shall include the following provisions: i. Additional Insured. The state of Montana, Gallatin County, its elected and appointed officials, agents, and employees shall be named as an additional insured on all general liability, excess, umbrella, and property insurance policies. All insurance provided in compliance with this Agreement shall be primary as to any other insurance or self- insurance programs afforded to or maintained by the State. ii. Identification. The policy must reference Gallatin County’s Grant Agreement number and the Montana Board of Crime Control Agency name. iii. Insurance Carrier Rating. All insurance and bonds should be issued by companies admitted to do business within the state of Montana and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports. Any exception shall Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 98354 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 be reviewed and approved by Gallatin County’s Risk Manager, or the Risk Manager for the State of Montana, before the Agreement is accepted or work may begin. iv. Excess Coverage. By requiring insurance herein, Gallatin County does not represent that coverage and limits will be adequate to protect the Contractor and such coverage and limits shall not limit the Contractor's liability under the indemnities and reimbursements granted to the County in this Agreement. 6. Local Government Contractors that Participate in a Self-Insurance Program: Self-Insured/Liability Pool or Self-Insured Risk Management Program — with prior approval from Gallatin County, the Contractor may provide the coverage above under a self- insured/liability pool or self-insured risk management program. In order to obtain permission from Gallatin County, the Contractor shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: (1) Governmental Accounting Standards Board (GASB), (2) Financial Accounting Standards Board (FASB), and (3) the Montana State Auditor's annual instructions for financial reporting. Contractor's participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Montana, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. Contractors shall provide annually to Gallatin County a summary of coverages and a letter of self insurance, evidencing continued coverage under the Contractor's self- insured/liability pool or self-insured risk management program. Such annual summary of coverage and letter of self insurance will be provided on the anniversary of the start date of this Agreement. 7. Federal Non-Discrimination Requirements: The Contractor will comply with any applicable federal non-discrimination requirements, which may include: • the Omnibus Crime Control Act and Safe Streets Act of 1968 (42 U.S.C. § 3789d); • the Victims of Crime Act (42 U.S.C. § 10604(e)); • the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); • the Civil Rights Act of 1964 (42 U.S.C. § 2000(d)); • the Rehabilitation Act of 1973 (29 U.S.C. § 794); • the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34); • the Education Amendments of 1972 (20 U.S.C. §§ 1681,1683,1685-86); • the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); • 28 C.F.R. Part 42 (U.S. Department of Justice Regulations – Non-discrimination, Equal Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 99355 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 Employment Opportunity, Policies and Procedures); • Executive Order 13279 (equal protection of the law for faith-based and community organizations); and • 28 C.F.R. Part 37 (U.S. Department of Justice Regulations — Equal Treatment for Faith- Based Organizations). • The Contractor shall further comply with Federal law prohibiting grant recipients from retaliating against individuals taking action or participating in action to secure rights protected by federal law. • The Contractor is required to ensure compliance with this requirement by any Subcontractor receiving funding from a grant supported with U.S. Department of Justice funds. a. Notification of Findings or Discrimination or Non-Compliance: In the event a state or federal court or a state or federal administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, age, disability, or sex against the Contractor receiving grant funds, the Contractor will forward a copy of the finding to the U.S. Department of Justice, Office of Justice Programs, Office of Civil Rights (OCR) and Gallatin County. The Contractor shall include a statement clearly stating whether or not the finding is related to any grant activity supported with a grant in which U.S. Department of Justice Funds are involved, and identify all open grants utilizing U.S. Department of Justice funding, by Contract number and program title. b. Equal Employment Opportunity Program (EEOP): The Contractor will determine whether it is required to formulate an Equal Employment Opportunity Program (EEOP), in accordance with 28 C.F.R. 42.301 et.seq. If the Contractor is not required to formulate an EEOP, it will submit a certificate form to the U.S. Department of Justice, Office of Justice Programs, Office of Civil Rights (OCR), and Gallatin County indicating that it is not required to develop an EEOP. If the applicant is required to develop an EEOP, but not required to submit the EEOP to the OCR, the applicant will submit a certification to the OCR and Sheriff certifying that it has an EEOP on file which meets the applicable requirements. If the Contractor is awarded a grant of $500,000 or more, and has 50 or more employees, it will submit a copy of its EEOP to the OCR and Gallatin County. Non-profit organizations, federally recognized Indian Tribes, and medical and educational institutions are exempt from the EEOP requirement, but are required to submit a certification form to the OCR to claim the exemption. A copy of the certification form will also be submitted to Gallatin County. Information about civil rights obligations of grantees can be found at http://www.oip.usdoj.gov/about/ocrieeopcomply.htm. Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 100356 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 c. Limited English Proficiency: To ensure compliance with the Omnibus Crime Control and Safe Streets Act of 1968 and Title VI of the Civil Rights Act of 1964, grant recipients must take reasonable steps to ensure that Persons with Limited English Proficiency have meaningful access to services and legal protections. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. Assistance in understanding grant recipient's obligations under the law may be found in the Department of Justice's Guidance to Federal Financial Assistance Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficiency Persons (LEP Guidance), which can be found at 67 Fed. Reg. 41455 (June 18, 2002). Additional assistance regarding LEP obligations and information may be found at www.lep.gov. 8. Crime Data Reporting: The agencies named within the inter-agency MOU submitted with the application shall report accurate and timely crime data, including all drug task force crime data in accordance with the Montana Board of Crime Controls’ Crime Reporting Policy (S-02) 9. Order of Precedence: In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order: • Applicable Federal and State of Montana statutes and regulations • Exhibit A – General Terms and Conditions • Exhibit B – Special Terms and Conditions • Exhibit C – Scope of Work • Exhibit D – Budget Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 101357 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 EXHIBIT "C" SCOPE OF WORK The purpose of the Byrne Justice Assistance Grant (JAG) Gang-Drug Task Force Program is to reduce the availability, use, and trafficking of illegal drugs, guns, and the profit of criminal gang and drug organizations by working cooperatively to identify, interdict, dismantle, and prosecute targeted gang and drug-trafficking organizations. JAG Task Forces work across local, state, and federal jurisdictions to dismantle or disrupt mid-to upper-level criminal organizations to make communities safer and healthier by reducing drug availability and organized crime. The contractor will implement the JAG Gang-Drug Task Force Program as specified in the Gallatin County Missouri River Drug Task Force FY 2023 award for Byrne JAG Gang-Drug Task Force Program funding, and in compliance with the Assurances and Certifications made in conjunction with that award. Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 102358 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 EXHIBIT “D” BUDGET AGENCY CONTRACT SERVICES TOTAL BUDGET MBCC BUDGET MBCC MATCH LOCAL MATCH Wages & Benefits $231,505.01 $115,752.12 $ 81,026.56 $ 34,725.56 Overtime $ 0 $ 0 $ 0 $ 0 Total $ 231,505.01 $ 115,752.15 $ 81,026.56 $ 34,725.56 The Justice Assistance Grant funds provided through this grant are from the normal congressional appropriations for the US Department of Justice, and are not from appropriations made under authority of the American Recovery and Reinvestment Act of 2009. Please submit quarterly bills within the month following service delivery with back-up documentation to: Gallatin County Sheriff’s Office 677 LAURA LOUISE LANE BOZEMAN, MT 59718 c/o Drew Ellis * BUDGET LINE ITEM ADJUSTMENTS: The Contractor may request that the budget be adjusted up to 5% of the total annual contract amount between line items of cost based on written request from the contractor and written approval from the County. Adjustments must be within existing line items in the contract for items already deemed necessary to the project. Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 103359 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Water Resource Engineer Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to execute Task Order No. 7 of the Professional Services Master Task Order Agreement with the firm of HDR Engineering, Inc. providing engineering services for the East Gallatin River Streambank Erosion Protection Project, CIP No. WW111 MEETING DATE:October 8, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to execute Task Order No. 7 of the Professional Services Master Task Order Agreement with the firm of HDR Engineering, Inc. providing engineering services for the East Gallatin River Streambank Erosion Protection Project, CIP No. WW111. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:HDR Engineering provides professional engineering services on an on-call basis for the Bozeman Water Reclamation Facility (WRF) and the East Gallatin River under a Master Task Order Agreement. Attached is Task Order 7, providing engineering services for the preliminary evaluation of the East Gallatin River Streambank Erosion Protection Project, CIP No. WW111. The City has identified the need to stabilize a section of river bank along the East Gallatin River adjacent to the WRF's outfall where continued erosion has undermined the bank, an existing gravel fines path, and exposed irrigation infrastructure. The section of the river bank needs to be stabilized to address the current issues as well as prevent continued erosion posing a risk to the WRF’s outfall. This task order provides preliminary engineering to evaluate options for re-establishing bank stability, improving public safety, and reducing risk to existing infrastructure. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:Task Order 7 is to be paid on a time and materials basis with a total cost not to exceed of $41,982. Funding will be provided from the Wastewater Fund from the CIP No. WW111 project budget, set at $150,000. This will leave a 104 total of $108,018 within the project budget to cover the cost of the final design, permitting, and construction of the project. Attachments: WRF On call Engineering_Task Order No. 7_HDR.pdf Report compiled on: September 23, 2024 105 WRF Task Order No. 7 1 Exhibit A to Professional Services Agreement TASK ORDER NUMBER 07 Issued under the authority of Professional Services Agreement between the City of Bozeman and HDR Engineering, Inc. for: A range of professional and technical services related to operations and maintenance of the City of Bozeman Water Reclamation Facility and the East Gallatin River. This Task Order is dated , 2024 between City of Bozeman (City) and HDR Engineering, Inc. (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Griffin Nielsen Contractor: Heather Nold SCOPE OF WORK: (attach additional sheet(s) as required) 1. See Attachment No. 1 for Scope of Services for East Gallatin River (Bank 3) Alternatives Analysis Task Order 7. 2. See Attachment No. 2 for manhour projection and expense projection. COMPENSATION: The anticipated level of effort for the above Task items are based upon the following manhour projection and expense projection in Attachment No. 2. The anticipated cost for services for the above Task items, to be completed on a Time and Materials Basis not to exceed without prior authorization, are as follows in Attachment No. 2. Contractor shall be reimbursed on a Time and Materials basis not to exceed the budget amounts presented, without prior written authorization from the City of Bozeman. Contractor shall notify the City of Bozeman prior to executing additional work, and shall not proceed with additional work without written authorization from the City of Bozeman. Contractor shall invoice no more often than monthly for services provided in the prior month. The provisions of the Professional Services Master Task Order Agreement and any Special Terms and Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this Task Order: City of Bozeman HDR Engineering, Inc. By: By: Title: Title: Date: Date: Fed. ID. No. 106 Scope of Services | WRF On Call EAST GALLATIN RIVER RESTORATION September 18, 2024 1 of 7 Attachment 1 – East Gallatin River Restoration (Bank 3) Alternatives Analysis Task Order 7 Introduction The City of Bozeman (City or COB) discharges treated effluent from its Water Reclamation Facility (WRF) through an outfall into the main channel of the East Gallatin River. Bank 3 is located approximately 550 ft downstream of the WRF outfall. This reach of the East Gallatin River has been reinforced with gabion baskets in the left overbank. The left overbank contains irrigation infrastructure that conveys water from the East Gallatin River, northwest to agricultural lands. The East Gallatin River splits at this location into a west channel (hereafter referred to as avulsion channel, and 2) an eastern channel (hereafter referred to as historic channel). Over the course of the last 20 years, flow has progressively flanked and overtopped the gabion basket reinforcement and more flow has begun to overtop into the avulsion channel. Flow cascades down over the gabion baskets and has formed an avulsion channel. As more flow has begun to overtop the gabion baskets, a headcut has formed in the left overbank of the avulsion channel. Currently, Bank 3 is quickly eroding and providing a source of sediment for the stream. The progression of the head cut has exposed the irrigation pipe. If the headcut continues to erode upstream, it poses a risk to upstream infrastructure such as the WRF outfall and previous restoration efforts to date. The COB has expressed interest in re-establishing bank stability to provide stream stability and improve public safety. The following amendment is to provide engineering services to the COB to develop an Alternatives Evaluation and Conceptual Engineering Report for Bank 3 along the East Gallatin River. The intent of the bank stabilization effort is to understand the geomorphic trajectory of East Gallatin River, reduce sediment loading in the East Gallatin, re-establish bank stability, improve public safety, and limit riverine impacts to infrastructure. General Project Assumptions The following project assumptions were used in developing the scope of services. • Project management is a function of the project duration and is based on anticipated Notice to Proceed in October of 2024, with work assumed to be completed by December of 2024. Additional project coordination or an extended project schedule may require a contract amendment. • Project meetings have been included in the attached budget estimate. The scope of services includes assumptions on the number of meetings, their duration, and effort associated with preparing for meetings. • All submittals will be electronic. • Analysis and design of infrastructure not listed within this scope is not included in the present scope. • Design of alternatives, preparation of bid documents, permit issuance, and construction oversight are not part of the present scope. 107 Scope of Services | WRF On Call EAST GALLATIN RIVER RESTORATION September 18, 2024 2 of 7 • For visual inspections, the Engineer makes no warranties or guarantees regarding any failure to detect hidden, covered, inaccessible, or internal structural or material defects, corrosion, or damages in components, embedment, reinforcing, anchorages and parts of equipment, structures, or mechanisms being inspected, that are not readily discernible by external visual inspection through reasonable efforts. • The use of the word “certify” or “certification” by a registered professional engineer in the practice of professional engineering or land surveying constitutes an expression of professional opinion regarding those facts or findings which are the subject of the certification, and does not constitute a warranty or guarantee, either expressed or implied. Certification of analyses is a statement that the analyses have been performed correctly and in accordance with sound engineering practices. Certification of structural works is a statement that the works are designed in accordance with sound engineering practices and owner-approved design loads. Certification of “as built”' conditions is a statement that the structure(s) has been built according to specifically identified drawings, specifications and contract documents to the extent the structure(s) is readily observable, is in place, and is fully functioning. • Structures and systems studied, reviewed, analyzed, or designed by the Engineer are dependent upon the owner’s continued operation and maintenance of the project structures and systems in accordance with all permits, laws and regulations that permit the construction and operation of the structures and systems, including any Engineer-prepared operations and maintenance plans. Any failures or incidents as the result of the owner’s inaction is not the responsibility of the Engineer. • Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares. Project Schedule The alternatives analysis is set to take place in October through December of 2024. Assumptions: • Notice to Proceed (NTP) will be received by HDR October 1, 2024. • COB will provide review comments within 2 weeks of submission for all deliverables. 108 Scope of Services | WRF On Call EAST GALLATIN RIVER RESTORATION September 18, 2024 3 of 7 Scope of Services Task 1: Project Management and Quality Assurance/Quality Control Services Description of Work: The scope, schedule, and budget will be monitored so that the project continues to move forward. Sub Tasks: 1.1 - PROJECT MANAGEMENT & COORDINATION OF WORK This task includes project management services during the entire life of the project, including: • Monthly Invoicing and Monthly Reports • Project Delivery Administration: Budget & Schedule Controls • Quality Assurance/Quality Control Services o Review of each deliverable according to HDR’s quality management procedures. o Quality Assurance/Quality Control is integrated into each deliverable’s budget. Assumptions: • Project management effort is a function of the project duration and is based on the schedule included with this scope of services. NTP is anticipated in October 2024, with participation assumed to be completed in December 2024. Additional project coordination or an extended project schedule may require a contract amendment. Deliverables: • Monthly invoice and project status updates. 1.2 – KICK- OFF MEETING The kickoff meeting provides an opportunity for the COB and key consulting staff to review the project goals and objectives, refine (if necessary) the work to be accomplished, clarify lines of communication, and better understand everyone’s respective roles and responsibilities. A well-planned and efficiently conducted kickoff meeting allows for a better understanding of expectations and reduces the potential for miscommunication and potential delays. Assumptions: • All meetings are assumed to be virtual. No meeting minutes will be provided. Deliverables: • None. 109 Scope of Services | WRF On Call EAST GALLATIN RIVER RESTORATION September 18, 2024 4 of 7 Task 2: Alternatives Assessment Description of Work: This task involves assessing the geomorphology of the existing site. Additionally, this task involves identifying alternatives, developing design criteria, and evaluating alternatives. Sub Tasks: 2.1- GEOMORPHIC ANALYSIS To understand the geomorphic trajectory of the avulsion channel and the historical channel, a geomorphic analysis will be performed. This assessment will include an assessment of aerial imagery, a site visit, and a desktop analysis. This desktop analysis will assess the stream profile and geomorphic stability of the reach of the East Gallatin River. This desktop analysis will be leveraged to inform the development of conceptual alternatives. The results of this geomorphic analysis will be outlined in a geomorphic technical memorandum. Assumptions: • COB will provide existing site information such as 2024 LiDAR data and utility drawings (if available) free of charge to HDR. • COB will provide available data to HDR within two weeks of NTP. • COB will obtain any required right of entry permissions for data collection. • A draft technical memorandum will be submitted to COB. Comments will be incorporated into submittals from Task 2.3. Deliverables: • Draft geomorphic technical memorandum 2.2- ALTERNATIVE DEVELOPMENT Three design alternatives will be developed to meet design intents in addition to a no-action alternative. The design intent of the project is to reduce sediment loading in the East Gallatin, re-establish bank stability, improve public safety, and limit riverine impacts to irrigation infrastructure. Alternatives will include design elements to improve geomorphic stability of Bank 3 and irrigation structure relocation (if necessary). Assumptions: • No more than three (3) design alternatives will be developed in addition to the no-action alternative. Additional development of alternatives will require amendment to the scope of work. • Conceptual Design Plans will include a plan view and cross section schematic highlighting primary design elements. Existing ground will be characterized by 2024 LiDAR. Deliverables: • Conceptual 10% Design Plan View for Each Alternative 110 Scope of Services | WRF On Call EAST GALLATIN RIVER RESTORATION September 18, 2024 5 of 7 2.3- ALTERNATIVE EVALUATION Based on initial discussions with the COB, the following considerations were identified to assess suitability of design alternatives. These considerations reflect the objectives of the COB. 1. Reduce further COB risk to property. 2. Improve public safety. 3. Improve geomorphic stability. 4. Minimize permitting level of effort to extent possible. 5. Minimize construction costs. 6. Limit impacts to stakeholders (Condo Association, Golf Course, Irrigators) The considerations above will be supplemented with hydraulic and other necessary considerations as seen necessary by ENGINEER. The three design alternatives and the no-action alternative will be evaluated in a pairwise matrix format to determine suitability of the alternatives. The pairwise matrix will be utilized to qualitatively assess alternatives. HDR will prepare an Alternatives Evaluation and Concept Engineering Report that presents a 10% design to assess alternatives that meet the stated project objectives. The Alternatives Evaluation and Concept Engineering Report will include budgetary level engineer’s opinion of probable construction cost (OPCC) for evaluation of relative costs, permitting requirements, and expected permit timeframes for each alternative. Task 2.3 also includes an Alternatives Evaluation and Concept Engineering Design Review and Stakeholder Meeting. HDR will coordinate discussion with agencies. Design intent and conceptual layouts will be discussed to get preliminary agency approval. Approval of design intent and conceptual layout will be documented with an email follow-up. If agencies decline to comment or provide input, solicitation for input will be documented. Assumptions: • No more than the six (6) design considerations noted above will be considered in the development of alternatives. Additional considerations from the COB will require an amendment to the scope of work. It is assumed that objectives of the Condo Association are to maintain the base flood elevation. It is assumed that objectives of the Golf Course are to maintain a volume of flow in the historic channel. It is assumed that objectives of the irrigators are to maintain existing condition of irrigation intake. Additional stakeholder(s) and stakeholder consideration(s) will require an amendment to the scope of work. • Hydraulic modeling will not be required to evaluate feasibility of alternatives. • Applicable permits and agencies include US Army Corps of Engineers (404 permit), Montana Fish Wildlife and Parks (124 permit), Montana Department of Environmental Quality (318 authorization), and COB (floodplain permit). • Evaluation of the permitting level of effort includes a total of 3 hours of consultant meeting time to discuss and explain alternatives to agencies. Additional effort to coordinate or discuss with agencies will require an amendment. 111 Scope of Services | WRF On Call EAST GALLATIN RIVER RESTORATION September 18, 2024 6 of 7 • It is assumed that agencies will respond to coordination requests within 5 business days. Additional effort to coordinate or discuss with agencies will require an amendment. • This task assumes a no-rise is possible in later tasks. • Deliverables will be submitted in an electronic format only. • Design of utility relocation (excluding the irrigation structure relocation) is not included. • One 1-hour duration Alternatives Analysis and Concept Engineering Design Review meeting is assumed. Additional design review meetings will require an amendment to the scope of work. • One 1-hour duration Stakeholder Meeting is assumed following completion of the Alternatives Evaluation Task. HDR is not responsible for stakeholder communication, coordination, or responses. Additional stakeholder coordination will require an amendment to the scope of work. • All meetings are assumed to be virtual. No meeting minutes will be provided. Deliverables: • Alternatives Evaluation and Concept Engineering Report 112 Scope of Services | WRF On Call EAST GALLATIN RIVER RESTORATION September 18, 2024 7 of 7 Task 3: Topographic Survey Description of Work: Task 3 includes topographic survey for use in future design phases following Task 2. This task is necessary to maintain schedule for future design efforts. Sub Tasks: 3.1 TOPOGRAPHIC SURVEY Topographic survey data will be collected for the project site and will include: • Records and research of control • Mobilize to and from site. • Setup control or locate existing control. • Survey project site. • Create Civil3d AutoCAD DWG digital and PDF files. • QA/QC Assumptions • COB will obtain any required right of entry permissions for data collection. • Topographic survey will be based on Montana State Plane NAD83, NAVD88, Geoid 18 • Topographic survey will include 2300 feet of the East Gallatin. Topographic survey will include channel thalweg, channel toe, and channel banks for the left and right bank. • Topographic survey will include detailed surface of gabion baskets to characterize gabion width, gabion height, upstream/downstream channel at gabion, and gabion tie in location with existing ground. • Topographic survey of inverts and irrigation structure. Deliverables • AutoCAD .xml surface file detailing survey collection points and extents 113 4 - Project Manager Engineer - Coralynn Revis2 - Engineer Water Resources Sr - Dan March1 - Engineer Water Resources - Heather Nold3 - Technician General 3 - Heather Fancher5 - Accountant Sr - Paden Kaufman6 - Environmental Scientist 3 - Garret DeckerTotal BudgetTask Task Description Status PJM13 EWR30 EWR20 TEC03 ACT04SEN30TOTAL HOURS LABOR COSTS SUBCONTRACTOR EXPENSES TOTAL COST 1.1Project Management and Coordination of Work.257141,966$ ◄-$ -$ 1.2Kick-Off Meeting112324$ ◄-$ -$ Subtotal (including optional) 2 1 6 0 7 0 16 2,290$ -$ -$ 2,290$ 2.1Geomorphic Analysis.10284426,338$ ◄185$ -$ 2.2Alternatives Development.6323267611,747$ ◄55$ -$ 2.3Alternatives Evaluation . 14 45 867 10,101$ ◄25$ -$ Subtotal (including optional) 0 30 105 32 0 18 185 28,186$ -$ 265$ 28,451$ 3.1Topographic Survey.44794$ 10,448$ -$ 11,241$ Subtotal (including optional) 0 4 0 0 0 0 4 794$ 10,448$ -$ 11,241$ Total (including optional) 2 35 111 32 7 18 205 31,270$ 10,448$ 265$ 41,982$ Other Direct CostsTask 1Project Management and Quality Assurance/ Quality Control ServicesTask 2Alternatives AssessmentTask 3Topographic SurveyHDR114 115 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Water Resource Engineer Jill Miller, Water Treatment Superintendent Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to sign a Professional Services Agreement with the firm of AE2S providing engineering design services for the Interim Optimization Improvements Project at the City of Bozeman's Sourdough Water Treatment Plant MEETING DATE:October 8, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with the firm of AE2S providing engineering design services for the Interim Optimization Improvements Project at the City of Bozeman’s Sourdough Water Treatment Plant. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Interim Optimization Improvements Project comprises the final design of the Residual Handling Study Project, CIP Project W112, at the Sourdough Water Treatment Plant’s (WTP) coupled with minor alterations to the plant’s fluoride containment area and pretreatment basins. The Residual Handling Study Project includes pipe modifications at the WTP’s head tower and reconfiguration of the plant’s backwash piping. These modifications improve the plant's operational efficiency and increase water conservation. The alterations to the WTP’s fluoride containment area and pretreatment basins improve routine maintenance by allowing improved access to the fluoride pumps and sediment removal within the pretreatment basins. These alterations have been designed through the WTP’s On-call Engineering Contract with Advanced Engineering and Environmental Services (AE2S) but are included in the construction bid package of the Residual Handling Project, essentially combining two projects into one for efficiency and to increase the size of the total project encouraging more interest from the contracting community. The City procured the services of AE2S for the Residuals Handling Study through the solicitation of a request for proposals and entered into a PSA with AE2S; however, that PSA has expired. This will be a new PSA for the 116 final design and bidding of the combined project. A contract amendment is anticipated in the future for construction engineering services as only the design services are included in this agreement. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:The initial design services cost already contracted with AE2S is $18,500. This PSA adds a cost of $68,800 bringing the total design services cost to $87,100. This project has been identified in the City’s CIP as project No. W112 and has a total of $220,000 in funds budgeted for design and construction phase services. Attachments: PSA_WTP Interim Optimization Improvements_AE2S.pdf Report compiled on: September 12, 2024 117 Bozeman Sourdough WTP Interim Optimization Improvements Page 1 of 13 PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of _________________________________________, between THE CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 N. Rouse Ave., Bozeman, Montana, 59771 (OWNER), and Advanced Engineering and Environmental Services, LLC, a limited liability company (ENGINEER). Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S public works improvement program. Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering services for the project. Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services for this project described in this Agreement. Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the parties agree as follows: ARTICLE 1 - ENGINEERING SERVICES 1.1. The detailed description of the specific project components is described as follows: Bozeman Sourdough WTP Interim Optimization Improvements (Described Further in Exhibit C: Scope and Fee Definition) 1.2. The scope of services under this contract is set forth in this Agreement and the attached EXHIBITS. ARTICLE 2 - ENGINEER'S RESPONSIBILITIES 2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil and structural engineering services incidental thereto. 2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans, specifications, and recommendations as designated herein. 2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of government, public, and private organizations and shall be authorized to procure information from other authorities as to the extent of these contacts and the results thereof. 2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices. 2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall be Grant Meyer. 2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the OWNER. The Project Manager shall be Brian Viall, PE. The OWNER may name a Task Director who would be the liaison between the ENGINEER and the OWNER during the design segment of the Project. 118 Bozeman Sourdough WTP Interim Optimization Improvements Page 3 of 13 2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress reports thereafter until the project is completed. ARTICLE 3 - OWNER'S RESPONSIBILITIES 3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER during DESIGN segment of the Project. The Task Director designated shall be Griffin Nielsen, PE . 3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times. 3.3 The OWNER shall make available all records (record drawings, construction records, etc.) indicating the existing configuration of the city utilities. 3.4 The OWNER will be responsible for advertising bid openings. 3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction progress and other job related meetings, substantial completion inspections and final payment inspections. ARTICLE 4 - BASIC ENGINEERING SERVICES The ENGINEER shall render professional Engineering Services as follows: 4.1 PRE-DESIGN INVESTIGATION PHASE A) Reserved. 4.2 PRELIMINARY DESIGN PHASE A) Reserved 4.3 FINAL DESIGN PHASE ENGINEER shall: 4.3.1. On the basis of the accepted Preliminary Design documents and the revised opinion of probable Total Project Costs, prepare for incorporation in the Contract Documents final drawings and Technical Specifications of sufficient detail to show the general scope, extent and detailed character of the work to be furnished and performed by the Contractor(s) suitable for use in the project bidding and construction. 4.3.2. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to OWNER a revised opinion of probable Total Project Costs based on the Drawings and Specifications. 4.3.3. Prepare for review and approval by OWNER, its legal counsel and other advisors, contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, special provisions, technical specifications, and standard drawings, and other related contract documents in conformance with the latest edition of the Montana Public Works Standard Specifications (MPWSS) and City of Bozeman Modifications to MPWSS adopted by the City of Bozeman. 4.3.4. Furnish OWNER an electronic copy of the Contract Documents (including design drawings, specifications and contracts). 4.3.4 Further Design Phase details are included in the Exhibit C: Scope and Fee Definition. The schedule for the Final Design Phase Deliverables is found in Exhibit C: Scope and Fee Definition. 119 Bozeman Sourdough WTP Interim Optimization Improvements Page 4 of 13 4.4 BIDDING OR NEGOTIATING PHASE After written authorization to proceed with the Bidding or Negotiating Phase, ENGINEER shall: 4.4.1. Assist OWNER in advertising for and obtaining bids or negotiating proposals for construction contract(s) and record prospective bidders to whom Bidding Documents have been issued, receive and process deposits for Bidding Documents and conduct pre-bid conferences. 4.4.2. Provide interpretation or clarification to prospective bidders regarding the Bidding Documents, and issue addenda as appropriate. 4.4.3. Consult with and advise OWNER as to the acceptability of the prime contractor, subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein call "Contractor(s)") for those portions of the work as to which such acceptability is required by the Bidding Documents. 4.4.4. Consult with OWNER concerning and determine the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents. 4.4.5. Attend the bid opening, prepare bid tabulation, evaluate bids, assess bidders' responsiveness and responsibility and make award recommendation to OWNER. 4.4.6 Facilitate contract award, and the execution and distribution of the contract documents for construction, materials, equipment and services. Furnish Owner with an electronic copy of executed contract documents (including design drawings, specifications and contracts). Furnish contractor with an electronic copy of executed contract documents and construction documents. Electronic copies to be in the form of a searchable, portable document format (PDF). 4.5 CONSTRUCTION PHASE A) Reserved 4.6. PROJECT DOCUMENTATION ENGINEER shall furnish OWNER with (a) an electronic copy of the Project Record Drawings ("As-Builts"), (b) written monthly progress reports, and (c) a project notebook containing such correspondence and documentation as requested by OWNER. 4.7. CONSTRUCTION TESTING A) Reserved. 120 Bozeman Sourdough WTP Interim Optimization Improvements Page 5 of 13 ARTICLE 5 - ADDITIONAL SERVICES 5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as provided in this Agreement: 5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions. 5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those required under Basic Services; preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. 5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER's control. 5.1.4. Providing renderings or models. 5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-sequence work. 5.1.6. Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as elsewhere herein described. 5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic Services. 5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall perform or obtain from others any of the following Additional Services as circumstances require during construction and without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this Agreement: 5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered. 5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor; and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection with the work. 5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of materials, equipment or energy shortages. 5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or other causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, (4) default by any Contractor. 121 Bozeman Sourdough WTP Interim Optimization Improvements Page 6 of 13 6 ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE 6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under sections 4.1 through 4.3 of this Agreement pay a total sum in the amount of $ 52,600.00 for such services. 6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.1 through 4.4) shall not exceed the following ceilings: $ 47,340.00 (90% of design fee) until the Final Plans and Specifications have been submitted to the OWNER and review authorities. 6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the payment provisions of this Agreement. 6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic services (4.1 through 4.4) and are not separately reimbursable. Additional Services specifically identified under the scope of design services for payment under 6.1 are not separately reimbursable. 6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Construction and project documentation services performed as Basic Engineering Services under sections 4.4 through 4.7 including General Administration of Construction Contract, Resident Project Representation, Project Documentation, and Construction Testing, shall be compensated in accordance with the following: 6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to exceed $16,000.00 except as provided under 6.2.1.2 and 6.2.4. 6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's Direct Labor Cost times a factor of 3.70 for services rendered which shall cover Direct Labor, Direct Labor Overhead, General & Administrative Overhead and Profit. 6.2.1.2 Notification. At any time during the construction that it becomes apparent that the Construction Phase and Project Documentation Services rendered under this Agreement will exceed the negotiated compensation for these services, and prior to performing services in excess of the contract ceiling, the ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the scope and progress of the project work. ENGINEER shall obtain written authorization from OWNER, prior to any additional costs being incurred under paragraph 6.2.1.3. If it is determined that due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled to additional compensation, OWNER and ENGINEER may negotiate terms as provided under 6.2.1.1. The amount and terms of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing pursuant to 9.16. 6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total cost of the original scope Construction Phase and Project Documentation Services exceeds the negotiated compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of the estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor Cost times a factor of 2.80 for services rendered which shall include Direct Labor, the federally audited payroll Direct Labor Overhead, and General & Administrative Overhead costs, but shall not include any allowance for profit. 122 Bozeman Sourdough WTP Interim Optimization Improvements Page 7 of 13 7 6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred up to an amount not to exceed $0.00 which includes $ 0.00 for consultants employed by the Engineer and $0.00 for all other reimbursable expenses. 6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the costs associated with failing quality control tests performed for the OWNER during the course of the construction of the project and recommend an amount the OWNER deduct from the contractor(s) payments. 6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of , or an amount otherwise negotiated at the time such services are requested and approved by the OWNER. ARTICLE 7 - MEANING OF TERMS 7.1 AGREEMENT As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and referred to as if they were part of one and the same document. 7.2 CONSTRUCTION COSTS The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER. 7.3 DIRECT LABOR COSTS Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters, specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs or fringe benefits. For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable Direct Labor Costs are: See Exhibit D – Engineer’s Maximum Billable Direct Labor Costs & Reimbursable Expense Rates 7.4 REIMBURSABLE EXPENSES Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project-related items; and if authorized in advance by OWNER, overtime work requiring higher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method of payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously established programs and expenses of photographic production techniques. 123 Bozeman Sourdough WTP Interim Optimization Improvements Page 8 of 13 8 ARTICLE 8 - PAYMENT PROVISIONS 8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the receipt of bill of the dispute. 8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing, and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed separately. 8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement. ARTICLE 9 - GENERAL CONSIDERATIONS 9.1 TERMINATION OF AGREEMENT 9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER. 9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner, for services or other work performed. The equitable adjustment for any termination shall provide for payment to the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to the termination. 9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the ENGINEER in performing this Agreement, whether completed or in process. 9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER prior to said termination shall be delivered to and become the property of the OWNER. 9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to complete the work under this Agreement. 9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law. 124 Bozeman Sourdough WTP Interim Optimization Improvements Page 9 of 13 9 9.2 INSPECTION AND AUDIT All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract period and for three years from the date of final payment. 9.3 EMPLOYMENT The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee, working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER. 9.4 NONDISCRIMINATION The ENGINEER agrees that all hiring by ENGINEER of persons performing this Agreement shall be on the basis of merit and qualifications. The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The ENGINEER 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 ENGINEER 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. ENGINEER 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). ENGINEER 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. ENGINEER shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. 9.5 SUBLETTING OR ASSIGNING OF WORK The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER. 125 Bozeman Sourdough WTP Interim Optimization Improvements Page 10 of 13 10 9.6 STANDARD OF CARE In providing services under this agreement, the ENGINEER 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 ENGINEER shall, at the OWNER’s request, re-perform the service at its own expense. Engineer 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 OWNER’s rights herein are in addition to any other remedies the OWNER may have under the law. 9.7 LEGAL RELATIONS: 9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local laws and ordinances applicable to the work to be done. 9.7.2 For claims, causes of action, losses, or damages (collectively, “Claims”) asserted by third-parties and arising out of the performance of professional services by the ENGINEER, the ENGINEER shall indemnify and hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants in the performance of professional services under this Agreement. The ENGINEER’S obligation to indemnify and hold the Owner and the Owner’s officers and employees harmless under this section 9.7.2 does not include a duty to defend. 9.7.3 For Claims asserted by third-parties that do not arise out of the performance of professional services by the ENGINEER, the ENGINEER shall, to the extent covered by the ENGINEER’S insurance, defend, indemnify, and hold the Owner and the Owner’s officers, directors, and employees harmless from such Claims, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent such Claims are caused by the negligence or intentional misconduct of the ENGINEER, its employees and its consultants. 9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or liabilities as are attributable to the ENGINEER’S percent of fault as compared with 100% of the fault giving rise to the damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney’s fees and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. 9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities resulting from intentional misconduct by any officer, director, agent or employee in connection with the work specified in this Agreement, then in that event, that party shall indemnify and hold harmless the other as to any damages, costs or liabilities that result from or arise out of that intentional misconduct, including reasonable attorney’s fees and costs which shall include costs and salary of the city attorney or other in-house counsel. Further, notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to defend OWNER where the OWNER’S alleged liability arises from intentional misconduct by the ENGINEER. Should the OWNER be found responsible for intentional misconduct by its own officer, director, agent or employee, then OWNER agrees to reimburse ENGINEER for the reasonable attorney’s fees and costs incurred in any defense of the OWNER. 9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to worker’s compensation with statutory limits, and unemployment insurance. 126 Bozeman Sourdough WTP Interim Optimization Improvements Page 11 of 13 11 9.8 INSURANCE The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an additional insured, to include thirty (30) days notice of cancellation or non-renewal. Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum insurance coverage as follows: Type of Coverage Limits Employers' Liability: $ 1,000,000. per accident General Liability: Bodily Injury & Property Damage Single and combined $ 1,000,000. per accident General Aggregate: $ 2,000,000. Excess Liability Coverage (umbrella) $1,000,000. each occurrence Automobile: Bodily Injury covering all $ 1,000,000 each person automobiles, trucks, tractors, trailers, or $ 1,000,000 each occurrence other automotive equip- ment whether owned or rented by Engineer or owned by employees of Engineer. Property Damage covering $ 1,000,000 each occurrence all automobiles, trucks, tractors, trailers or other automotive equipment whether owned or rented by Engineer or owned by employees of Engineer OR Bodily Injury & Property $1,000,000 each occurrence Damage Single and combined In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions coverage as follows: Professional Errors & Omissions: $ 1,000,000 per claim and aggregate each occurrence 127 Bozeman Sourdough WTP Interim Optimization Improvements Page 12 of 13 12 9.9 ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data furnished by him. 9.10 OWNERSHIP OF DOCUMENTS The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by ENGINEER will be at OWNER’s sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER’s independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. 9.11 PUBLIC INFORMATION The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of the OWNER. 9.12 PROPRIETARY RIGHTS If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty-free license to use each invention in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method that may be developed as part of the work described and contemplated herein. 9.13 RECORDS The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the records available at all reasonable times during the Contract term and for one (1) year from the date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by OWNER. 9.14 SUCCESSORS IN INTEREST The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal representatives, successors and assigns of the respective parties. 9.15 ATTORNEY'S FEES AND COSTS That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or conditions of this Contract 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. 9.16 MODIFICATIONS AND AMENDMENTS That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the same manner as this original document and shall after execution become a part of this Contract. 9.17 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. In witness Whereof, the Parties hereto do make and execute this Agreement. 128 Bozeman Sourdough WTP Interim Optimization Improvements Page 13 of 13 13 CITY OF BOZEMAN, MONTANA ENGINEER BY: BY: (City Manager) (President) DATE: DATE: ATTEST: BY: (City Clerk) 129 14 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES ENGINEER'S STATUS DURING CONSTRUCTION - RESERVED 130 EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. - RESERVED 131 EXHIBIT C TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Scope Definition for Bozeman Sourdough WTP Interim Optimization Improvements This Exhibit is attached to, made a part of, and incorporated by reference with the Agreement made on ___________________________________________, between CITY OF BOZEMAN (OWNER) and Advanced Engineering and Environmental Services, LLC (ENGINEER) providing for professional engineering services. Project Objectives: Phase 040 – Final Design aims to provide detailed bidding documents and construction drawings detailing improvements to for four key areas at the Sourdough drinking water treatment plant. The objectives of these improvements aim to enhance safety, operational efficiency, and maintenance accessibility for the Fluoride Transfer Pump Containment Area, optimize resource recovery in the Backwash Waste Recycle Process Piping, improve the management of recycle flows at the Influent Head Tower, and facilitate more effective cleaning and maintenance in the Pretreatment Basin. These improvements are essential for operator safety, optimization of Operator labor, reducing operational costs, and improving overall system performance. Phase 050 – Bidding and Negotiations will identify the lowest, responsive, responsible Bidder through a publicly advertised bidding process to whom the City will Award the General Construction Contract. Engineer will facilitate Bidding by providing and following support services: General Coordination; facilitating a Pre-Bid Conference (non-mandatory); management of Bidder’s Questions; Issue Addenda (no more than 1 addendum); Attend Bid Opening; Bid Evaluation; Recommendation of Award; Preparing Notices and Contract Documents for Owner and Bidder/Contractor execution. Deliverables Expected The Design Phase Deliverables will include: Construction Drawings (DEQ Submittal): Detailed drawings for each of the four major areas of improvement, compiled into a single set, with sufficient detail to convey the scope of construction. Bidding Documents and Specifications (DEQ Submittal): Including the bid package prepared in accordance with the City of Bozeman's modifications to the EJCDC C-Series (2018) Construction Documents. Basis of Design Report: A brief technical memorandum summarizing the basis of design to assist with Owner and DEQ Review. EOPCC: Engineer’s Opinion of Probable Construction Cost Final Bid Package: After receiving Owner and DEQ comments, the Engineer will make any revisions necessary prior to Advertisement for Bids. Project Schedule • Design Review Meeting: ................................................. September 27, 2024 (or earlier) • DEQ Submittal for Regulatory & Owner Review: ..... November 1, 2024 • Owner Review Comments Returned to Engineer: ....... November 27, 2024 • Negotiation of Construction Phase Services: ................ December 31, 2024 • DEQ Review Comments Returned to Engineer: .......... January 3, 2025* • Advertisement for Bids: ................................................ January 24, 2025 • Bid Opening: .................................................................. February 13, 2025 • Notice of Award: ............................................................ February 25, 2025 • Contract Effective Date: ................................................ April 1, 2025 • *If DEQ’s review comments are returned earlier than data published, bidding schedule can be moved up. 132 hibit A – Project Scope and Fee Deinition Assumptions & Exclusions • Improvements to Owner’s Fluoride Transfer Pump Containment Area do not change the nature of the space’s intended use and therefore existing HVAC, mechanical, plumbing and other engineering controls are assumed present to satisfy any building codes, hazardous space requirements, or other regulations that may govern the appropriate engineering controls recommended for this space, including those “Appropriate Engineering Controls” identified on the Safety Data Sheet for Hydrofluosilicic Acid (Hawkins: Issued 28-Aug-2014; Revised 05-Mar-2021; Version 1). o Extensive code review to identify further Engineering controls is outside Engineer’s scope. o Designing improvements for Engineering Controls found to be absent is outside of Engineer’s scope. o Engineer’s design will detail replacement of any splash/spray protection around the containment area to match the existing splash/spray protection. • An Amendment for Construction Phase Services will be negotiated by Owner and Engineer prior to the commencement of the Bidding and Negotiations Phase. • Fluoride Transfer Pump Containment Improvements: o Will follow approach summarized in Alternative 3 of the recent preliminary design alternatives analysis performed under the On-Call Services Contract for the Water Treatment Plant. • Backwash Waste Recycling Improvements: o Will only rely on manually actuated valves. o No additional Electrical or I&C design is included or assumed in Engineer’s scope of work. o Design will pick up on the 30% Design Drawings dated January 2023 for the Backwash Waste Recycle Improvements project. • Intake Head Tower Improvements: o Design will pick up on the 30% Design Drawings dated January 2024 for the Backwash Waste Recycle Improvements Project. • Pretreatment Basin Improvements: o Design will utilize the structural drawings dated May 2024. • Bid form and Bidding Documents will be organized to request that Bidders provide a lump-sum price for each of the four distinct improvement areas. o Further resolution on Contract Pricing will be collected in Contractors submittal of its Schedule of Values (SoV). Engineer will seek Owner’s approval on the detail provided in the SoV prior to approval for use in Pay Applications. • All reviews will be performed on electronic copies of the bidding documents. If Owner or regulatory authorities require hard-copies, Owner will be responsible for the cost of printing and production. 133 hibit A – Project Scope and Fee Deinition EXHIBIT D TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Fee Definition for Bozeman Sourdough WTP Interim Optimization Improvements Engineer’s Maximum Billable Direct Labor Costs & Reimbursable Expense Rates Fee Summary: 134 hibit A – Project Scope and Fee Deinition FEEPhase 040 Final Design52,600.00$ Phase 050 Bidding & Negotiations16,000.00$ 68,600.00$ LUMP SUMDL x FACTORTotal Fee Estimate:SUMMARY Basis of Compensation135 Maximum Billable Direct Labor Costs Engineer 4 $68.00 Engineer 3 $55.00 Engineer 2 $45.00 Engineer 1 $40.00 Construction Services 4 $56.00 Construction Services 3 $50.00 Construction Services 2 $37.00 Engineering Tech 5 $46.00 Engineering Tech 4 $40.00 Engineering Tech 3 $36.00 Engineering Tech 2 $32.00 Engineering Tech 1 $24.00 I&C 4 $64.00 I&C 3 $56.00 I&C 2 $51.00 Reimbursable Expense Rates* Transportation $0.75/mile Survey Vehicle $0.95/mile Laser Printouts/Photocopies $0.30/copy Plotter Printouts $1.00/s.f. UAS - Photo/Video Grade $100.00/day UAS – Survey $50.00/day Mapping GPS $25.00/hour Fast Static/RTK GPS $50.00/hour Cellular Modem $75.00/month Legal Services Reimbursement $250.00/hour Outside Services cost * 1.15 Geotechnical Services cost * 1.30 Out of Pocket Expenses cost * 1.15 Project Specific Equipment Negotiable * These rates are subject to adjustment each year on January 1. 136 Memorandum REPORT TO:City Commission FROM:Overton SUBJECT:Professional Services Agreement with Green Infrastructure Center for Tree Canopy Coaching. MEETING DATE:October 8, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to Sign Professional Services Agreement with Green Infrastructure Center for Tree Canopy Coaching. STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND:The Forestry Division has been developing Branch Out Bozeman: Urban Forest Initiative as a volunteer & education effort for improving our tree canopy. Key partners include local nonprofit Gallatin Watershed Council and the City's GIS Division. Having successfully been awarded grant funding from the Montana Dept of Natural Resources - Urban & Community Forestry, we now seek to develop mapping tools for urban tree canopy metrics to display on a new public website for Branch Out Bozeman. The Green Infrastructure Center is a leading expert in developing such tools and is offering their services to train and coach the City's GIS staff to identify the most effective metrics and design mapping layers to communicate our goals to the public. UNRESOLVED ISSUES:None. ALTERNATIVES:Continue to rely on existing GIS resources, which are not uniquely suited for this goal. FISCAL EFFECTS:These professional services would be fully funded by a grant awarded from the Montana Dept of Natural Resources, Urban & Community Forestry. The grant match requirement would be filled via staff time dedicated to the project. Attachments: PSA Green Infrastructure Center Tree Canopy Coaching.pdf Exhibit A - GIC Tree Canopy Coaching Scope of Services.pdf Report compiled on: September 25, 2024 137 138 Professional Services Agreement for GIC Tree Canopy Coaching Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 8th day of October, 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, Green Infrastructure Center, Inc., 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 31st day of July, 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 of $9,968.18 as 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 of $9,968.18. 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: 139 Professional Services Agreement for GIC Tree Canopy Coaching Page 2 of 11 a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 140 Professional Services Agreement for GIC Tree Canopy Coaching Page 3 of 11 Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. 141 Professional Services Agreement for GIC Tree Canopy Coaching Page 4 of 11 In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. 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 142 Professional Services Agreement for GIC Tree Canopy Coaching Page 5 of 11 notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. 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 143 Professional Services Agreement for GIC Tree Canopy Coaching Page 6 of 11 this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Alex Nordquest 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 144 Professional Services Agreement for GIC Tree Canopy Coaching Page 7 of 11 Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Matthew Lee or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. 145 Professional Services Agreement for GIC Tree Canopy Coaching Page 8 of 11 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. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising 146 Professional Services Agreement for GIC Tree Canopy Coaching Page 9 of 11 hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 147 Professional Services Agreement for GIC Tree Canopy Coaching Page 10 of 11 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 herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 148 Professional Services Agreement for GIC Tree Canopy Coaching Page 11 of 11 **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Chuck Wynn, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 149 2/16/2024 414 E. WATER ST, CHARLOTTESVILLE, VA 22902 WWW.GICINC.ORG Exhibit A – Scope of Services City of Bozeman, Montana – Canopy Coaching by the Green Infrastructure Center Inc. 150 1 Contents 1. Work Scope for City of Bozeman Montana Tree Canopy Technical Support .................. 1 1.1 Introduction ......................................................................................................................................................... 1 1.2 Work Scope for Coaching ..................................................................................................................................... 2 Task 1 Canopy Coach Assistance: .......................................................................................................................... 2 Task 1 Deliverables: ............................................................................................................................................... 4 2. GIC Qualifications, Legal Information and Staffing ........................................................ 4 2.1 Qualifications ....................................................................................................................................................... 4 2.2 Legal Information: ............................................................................................................................................... 5 2.3 Project Staffing .................................................................................................................................................... 5 Stuart Sheppard, GIS Analyst ................................................................................................................................. 5 Matthew Lee, Director of Forest Programs ........................................................................................................... 6 1. Work Scope for City of Bozeman Montana Tree Canopy Technical Support The following information is the proprietary information from the Green Infrastructure Center Inc. and may not be used to construct general proposal bids for public dissemination. This is provided for informational purposes only. This is a price quote only. 1.1 Introduction The Green Infrastructure Center (GIC) is the nation's leading expert in Green Infrastructure Planning. The GIC helps cities and counties map, assess, evaluate and conserve their natural green assets. The GIC is able to work at any scale and has created models and maps for more than 50 communities ranging from regions to counties to cities, towns and sites. The GIC can assist the City of Bozeman by providing training and coaching to the city’s GIS staff on identifying canopy metrics to report out to the general public and subsequent analyses to derive those metrics. GIC mapped the land cover and tree canopy of the city in the spring and summer of 2023 and processed the data further to identify potential planting areas (PPA), potential planting spots (PPS) and potential tree canopy (PTC). The city is interested in staff learning how to use GIC’s models to recreate the work with flyover 151 2 data that is being collected periodically every two years. GIC staff can train and coach city staff in its process and methods using a variety of curriculum through instructional training videos, documents and scheduled 1-on-1 remote workshops. The total budget is inclusive of all labor, overhead and materials. It includes access to instructional materials produced by GIC and GIS support coaching of city staff through virtual workshops. 1.2 Work Scope for Coaching Task 1 Canopy Coach Assistance: The GIC will collaborate with city staff and local stakeholders in a series of workshops to identify canopy and ecosystem services metrics for a website dashboard on Bozeman’s urban forest. Once metrics have been identified, GIC will train the city’s GIS staff how to calculate and analyze for those metrics using existing toolboxes GIC has developed. The types of analyses include but not limited to: identifying potential planting areas, potential planting spots, potential tree canopy, stormwater calculations, urban heat island and air quality. The trainings will be a mix of multimedia (videos, documents, web pages, etc.) and 1-1 virtual training sessions and workshops. Below is a breakdown of the anticipated number of workshops and training sessions. All multimedia content will be given to the city to use for reference or for use with new hires or other partners. Steps/milestones o GIC and B.O.B. hold several workshops to discuss goals, objectives and metrics for future website and dashboard. o Based on the above discussions, define measures and stats to represent what they will want to monitor with new data acquired over the next 2-year cycle. o GIC and B.O.B. identify existing data sources that are needed or should be included (ex: Census data, surface temperature, soils, etc.) o GIC and B.O.B. Collaborative compile the data and put together in an ArcGIS pro map document. o GIC will coach city staff on the analyses and share any scripts or descriptions of the process. o City staff will be run any kind of measures they want resulting in tables that have the numbers they decide to present. o GIC will provide feedback and support in getting the metrics disseminated in the format of their choice. 152 3 Module Topics covered Description Results Number of meetings Time (hours) Intro - Intro and brain storming session This will be basic intro and conversation about the project. Understanding GIS needs and to identify metrics. 1)Understanding of what we need to start preparing for, identify metrics. 3 14 Module 1: Consolidating and processing the inputs - Processing the data they will be receiving: - Land Cover - NAIP - LIDAR - Surface Temp. - Supporting Vector data Working sessions going through what is available and what is needed. Then processing it to meet the need of the scripts. 1) ArcGIS Pro map document with the base source data to be used in analysis 2) Toolbox 3) Training material PPT and/or video 2 16 Module 2: Creating the Land Cover Map - Creating the GIC methods land cover classification Will cover methods to create land cover map and if one exists how to get into replicable schema 2) Land Cover map 2 16 Module 3: The Potential Planting Area and Exclusions - PPA Exclusions - PPA Will compile and talk about how to build detailed PPA. This may evolve depending on identified needs. 1) High Resolution well defined PPA 2 13 Module 4: The Potentials - Create the potential tree canopy and tree count possible to plant Modeling the future Tree Canopy/Land Cover 1) Modeled Potential Land Cover (Potential TC) 2) Tree Count Potential 2 17 Module 5: Ecosystem Services and Social Justice - Trees and Stormwater analysis - Surface Temperature (heat island) - Social Justice Will create and go into detail what can be done with these data 1) TSW Spatial 2) ST Data 3) Social Justice (CEJST, Census) 2 16 Module 6: Measures - Measures This will be creating replicable tabular results and key measures. 1) Several maps and tables representing values to help decision support 2 16 Module 7: Priorities - Prioritizing where the best places to plant are Using variables decided by city will rank the most important places to plant trees. 1) Priorities analysis to show most important places to plant trees 2 9 Module 8: Presenting the results Tables stats This section could be sprinkled throughout the entire process, but here it's meant as a placeholder for spatial representation of everything created. 1) Tables and maps 2 23 Total time 142 153 4 General Timeline (subject to change depending on scheduling): Week 1-2: Meet several times over a few weeks with B.O.B. stakeholders to discuss what metrics they want to represent on their dashboard. Week 3: Module 1- Consolidating and processing the inputs Week 4: Module 2 - Creating the Land Cover Map Week 5: Module 3 - The Potential Planting Area and Exclusions Week 6: Module 4 - The Potentials Week 7: Module 5 - Ecosystem Services and Social Justice Week 8: Module 6 - Measures Week 9: Module 7 - Priorities Week 10: Module 8 - Presenting the results Task 1 Deliverables: Deliverable 1: The primary deliverable is the consulting and coaching of city staff on how to generate tree canopy data metrics and subsequent analyses using GIC scripts and methods. City staff will be trained in the use of GIC’s more advanced models for predicting available planting areas and future tree canopy along with our models for calculating ecosystem services. Instructional videos and web-based content will be made available for staff and other participants to view and learn as they work through the program and for use for future reference or if new hires. Total Cost: $9,968.18 2. GIC Qualifications, Legal Information and Staffing 2.1 Qualifications The nonprofit Green Infrastructure Center (GIC) was founded in December 2006 to develop and implement new methods for modeling, mapping and planning for natural and cultural assets which we call Green Infrastructure. Green infrastructure includes the interconnected natural systems and ecological processes that provide for outdoor recreation, clean water, air quality and wildlife habitat. Clients include federal, state and local governments, land trusts, and conservation organizations. The GIC specializes in bringing diverse stakeholder groups together to develop green infrastructure plans that meet community needs. The GIC staff have expertise in green infrastructure asset mapping, watershed and forest conservation planning, urban tree canopy assessments, stream habitat restoration, water monitoring, wildlife habitat planning and strategic planning. The GIC has conducted 50 green infrastructure planning projects from multicounty regions, to counties to cities and towns. 154 5 The GIC has built models for green infrastructure in Virginia, North Carolina, South Carolina, Arkansas, New York and a national model of Green Infrastructure landscapes hosted on Esri’s website. GIC has also provided consulting to Michigan, Maryland and other states and regions. GIC is currently mapping tree cover for 15 additional cities and towns. The GIC has extensive experience developing technical communication materials, workshops (classroom and in the field), training sessions, public meetings, and collaborative decision-making processes. The team engages stakeholder groups in creation of consensus-based plans that meet community needs. More information about GIC projects is available at www.gicinc.org/projects.htm 2.2 Legal Information: The Green Infrastructure Center is a non-profit corporation (501)(c)(3) under the federal IRS code and is not owned by individuals nor is it a stock holding corporation. Public charities are technically owned by the people of the United States of America. Therefore, GIC cannot be determined to be a minority or women-owned businesses, as nonprofit corporations do not have owners or stockholders. The GIC’s executive director is a woman and our board includes women as well as members of minority classes. As a not-for-profit corporation, our fees are generally below market rates. GIC’s EIN # is 20-8741849 and the DUNS # is 012419355. Contact: Matthew Lee, Director of Forest Conservation, mlee@gicinc.org Green Infrastructure Center Inc., 414 E. Water St., Charlottesville, VA 22902 T: 434-286-3119; www.gicinc.org 2.3 Project Staffing Stuart Sheppard, GIS Analyst Mr. Sheppard will lead the data development efforts for the project, including data acquisition assistance, preparation, and creation. He has developed habitat models for state and national application and oversees the urban tree canopy assessments and ecosystem services modeling at GIC. He has recently completed canopy maps for 13 communities and has developed land cover assessments for multiple counties and cities in Southern States as well as studies of urban heat islands and impacts to low income and minority communities. He manages the GIC’s mapping and land planning and provides technical assistance to local governments, regional planning agencies, communities, land trusts and conservation groups. He also creates case studies, handbooks and web content. He has considerable experience working with remotely sensed data and in using the data for tree canopy assessments for urban areas. At the GIC, he manages the implementation of 155 6 local green infrastructure planning projects, including liaison government staff and project partners. He has led and contributed to numerous planning projects that incorporated geographic information technologies and spatial analysis to solve problems and support decision making. Prior to joining GIC’s team, he worked at The Nature Conservancy where he spent 17 years as a GIS Specialist and Conservation Data Node Program Manager. He has been an independent contractor for groups such as Forest Inform Partners and was a senior faculty specialist at the University of Maryland, where he managed the university’s Carbon Monitoring System Ecometrica web mapping application. Mr. Sheppard has a Bachelor of Science in Geography from George Mason University. Matthew Lee, Director of Forest Programs Mr. Lee will be consulting with the B.O.B. stakeholders to help identify metrics for the dashboard and analyses to consider. He will also be providing administrative support on the project. Matthew works with communities to determine protection and conservation strategies for natural resources, with a focus on community forests. He is also researching ways to incentivize tree planting and care, on both public and private property, as well as how to maximize landscape connectivity in developing areas. He coordinates several projects for the GIC including the Resilient Coastal Forest projects for Virginia, South Carolina and Georgia. Prior to the GIC he worked as a field botanist for the National Park Service for eight years on diverse projects, from long-term monitoring of fire effects on natural systems and restoring degraded sites, to mapping native plant communities of the Pacific Northwest. He also has worked on tropical reforestation projects in Costa Rica, where he studied biological corridors and landscape connectivity for wildlife. Mr. Lee has a BS degree in Horticulture, with a forestry focus, from Virginia Tech and a Master’s degree in Urban and Regional Planning from Portland State University. Work samples are available on line at www.gicinc.org 156 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign an amendment # 2 with Jacobs Engineering Group Inc. for Federal Transportation Grant Writing Services MEETING DATE:October 8, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign an amendment # 2 with Jacobs Engineering Group Inc. for Federal Transportation Grant Writing Services. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:To better position the City for federal transportation grant opportunities, staff solicited proposals from firms to help with federal grant writing. Jacobs Engineering Group Inc. was selected for the work. The original contract scope focused on the technical components of the Kagy Blvd MPDG application. Amendment 1 was for writing assistance associated with the Kagy Blvd MPDG application. Amendment 2 is scoped to provide writing support for a joint COB-MDT application to the federal SMART program with the intent of securing a planning grant for integrated intelligent transportation system implementation. Amendment 2 was previously approved by the City Commission and the work has been completed by Consultant. City Clerk has requested staff attached an Amendment page for purpose of appropriate record keeping. The Commission is now asked to approve the City Manager's signature on the attached document. UNRESOLVED ISSUES:None ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:This work has been previously approved and completed. Approval of this item has no fiscal effect. Attachments: Jacobs Engineering Grant Support Scope PSA Amendment 2 Jacobs - Transportation Grants 157 Report compiled on: December 8, 2023 158 300 Old Tractor Lane Columbia Falls, MT 59912 United States T 406 899 5653 www.jacobs.com Document number. 1 September 19, 2023 Nick Ross, Director of Transportation and Engineering City of Bozeman 121 N Rouse Ave. Bozeman, Montana 59715 Re: Grant Support Amendment 2 – Scope and Fee Dear Nick, Jacobs Engineering is pleased to provide the Scope of Services and Level of Effort for Grant Support Amendment 2. This is based on the previous discussion with regards to Jacobs providing SMART Grant writing, editing, and support. Let me know if you have questions with regards to our Scope of Services and Level of Effort for this effort. Sincerely, Ed Toavs, PE Luke Huck, PE Project Management Manager of Projects Jacobs Engineering Jacobs Engineering 159 300 Old Tractor Lane Columbia Falls, MT 59912 United States T 406 899 5653 City of Bozeman Grant Application Support Services – Amendment 2 Scope of Work Jacobs Engineering Group Inc. Date: September 19, 2023 Jacobs Scope Description The scope of services for this amendment supplements the original scope. Below are the activities used to develop the level of effort for this scope of services along with assumptions for this amendment. Activity 2.1 Project Coordination – The scope for this SMART Grant requires the following: b. Participate in formal and informal coordination meetings with City of Bozeman, MDT, and project stake holders. i. As needed, up to 6 – 1 hour meetings conducted virtually with up to 4 Jacobs staff members to attend. Activity 2.2 Grant Application Support Services – The scope for this SMART Grant requires the following: a. Coordinate with City of Bozeman and MDT? during grant writing and assembly. I. Write the grant application outline per the 2023 SMART Grant NOFO guidance for review by City staff. II. Write the grant application narrative in conjunction with City Staff and based on project input. III. Provide editing and review of the grant application for submission. Activity 3.1 Benefit-Cost Analysis – Not required. Activity 3.2 Benefit Cost Narrative – Not required. Key Assumptions – No Changes to this section. Budget The current project budget including Amendment 1 is $53,901.91 with $37,796.74 expended to date. The remaining budget left is $16,109.17 through Amendment 1. Our LOE for Amendment 2 is $32,475.49. We request the remaining budget amount of $16,109.07 be used for Amendment 2 along with an additional $16,366.32 of contract ceiling to fund Amendment 2. With this request for an additional $16,366.32, the new contract ceiling would be $70,272.23. 160 300 Old Tractor Lane Columbia Falls, MT 59912 United States T 406 899 5653 Project Schedule The schedule for this amendment work follows the 2023 SMART Grant cycle which states the submission date is 5:00 pm ET on Tuesday, October 10th. Jacobs anticipates delivery of all deliverables to the City no later than COB on Thursday, October 5th, 2023. If the City elects to not submit a SMART Grant Application for the 2023 cycle, a new schedule will be developed based on a future grant cycle chosen by the City. 161 DATE: September 19, 2023 Activity Tasks Total Hours PM & Lead Writer Development Engineer Grant Writer Tech Editor Q/A Mapping Task Total - Fee $186.00 $245.01 $107.73 $69.78 $214.16 $95.85 2.1 PROJECT COORDINATION 101 A. Scoping Meeting 0 B. Formal and Informal Meetings 12 6 4 0 0 2 0 101 101 SUBTOTAL (HOURS)12 6 4 0 0 2 0 $2,524.35 2.2 GRANT APPLICATION SUPPORT SERVICES 102 A.Grant writing and assembly support 174 84 28 24 16 14 8 102 102 SUBTOTAL (HOURS)174 84 28 24 16 14 8 $29,184.37 3.1 BENEFIT-COST ANALYSIS 103 A. Input Data 0 B. Run Analysis 0 C. Quality Control 0 103 103 SUBTOTAL (HOURS)0 0 0 0 0 0 0 $0.00 3.2 BENEFIT-COST NARRATIVE A. BCA Narrative 0 B. BCA Spreadsheet 0 104 104 SUBTOTAL (HOURS)0 0 0 0 0 0 0 $0.00 SURVEY PHTOTAL HOURS 186 90 32 24 16 16 8 Total Fee $16,739.80 $7,840.37 $2,585.63 $1,116.41 $3,426.50 $766.78 $32,475.49 PROJECT: City of Bozeman Grant Support - Amendment 2UPN: Estimate Prepared By: E Toavs Revised 3/1/18 Page 1 of 1 162 2nd Amendment to Professional Services Agreement for Federal Transportation Grant Writing Services FY 2023-FY 2024 Page 1 of 2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR FEDERAL TRANSPORTATION GRANT WRITING SERVICES dated _March 7, 2023_ (the “Agreement”) is made and entered into this ___ day of ______________, 202__, 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 _JACOBS ENGINEERING GROUP INC_, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Addition to Scope of Work. See attached for additional scope and fee to be completed as Amendment 2. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 163 2nd Amendment to Professional Services Agreement for Federal Transportation Grant Writing Services FY 2023-FY 2024 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA JACOBS ENGINEERING GROUP INC. By________________________________ By_____________________________ Chuck Winn, Acting City Manager Print Name: Ed Tovas Title: Manager of Projects APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 164 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:Resolution 5597, A Resolution of Adoption to Amend the Bozeman Community Plan 2020 to Integrate the "Bozeman Health Sub-Area Plan" as a Neighborhood Plan under the Bozeman Community Plan 2020, Including Revisions to the Future Land Use Map; Application 24118 MEETING DATE:October 8, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Adopt Resolution 5597 setting dates for public hearings. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The Commission adopted a Resolution of Intent to amend the Bozeman Community Plan 2020 on July 9, 2024, see Resolution 5597 and the agenda link [Commission Agenda Link]. The Commission approved Application 24118 on August 20, 2024, to amend the Bozeman Community Plan 2020 and the Future Land use Map. The property includes approximately 559 acres. The subject property includes the hospital campus, Hillcrest Senior Living, and the Knolls at Hillcrest development west of Highland Boulevard, the open areas generally bounded by Highland Boulevard to the west, Kagy Boulevard on the south, Haggarty Lane and Bozeman Trail to the east, and Ellis Street to the north. The request includes a variety of Future Land Use designations including adjacent roadway and utility easements. Final documents for the growth policy amendment were received and prepared. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Growth Policy Amendment. Future development will incur costs and generate review according to standard City practices. 165 Attachments: 24118 Bozeman Health GPA Resolution of Adoption 5644.pdf Exhibit A - BozemanHealthSubareaPlan.pdf Exhibit B - Part 1 Final_FLUM.pdf Exhibit B - Part 2 Final_FutureLandUse.pdf Report compiled on: September 23, 2024 166 Version April 2020 RESOLUTION 5644 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO ADOPT AN AMENDMENT TO THE BOZEMAN COMMUNITY PLAN 2020 TO ADOPT AND INTEGRATE THE “BOZEMAN HEALTH SUB-AREA PLAN” AS A NEIGHBORHOOD PLAN UNDER THE BOZEMAN COMMUNITY PLAN 2020 AND REVISE THE FUTURE LAND USE MAP, APPLICATION 24118. WHEREAS, the City of Bozeman has had a comprehensive plan (growth policy) since 1958, and WHEREAS, the City of Bozeman adopted its most current growth policy known as the Bozeman Community Plan (BCP) through Resolution 5133 on November 17, 2020, and WHEREAS, the Bozeman Community Plan, Section 5, establishes criteria for the amending of the document, and WHEREAS, the Bozeman Community Plan 2020 allows for the development of “neighborhood plans” for a sub-sector of the Bozeman community; and WHEREAS, the Bozeman Deaconess Health Services Subarea Plan was first established with the approval of Resolution No. 3950 on August 28, 2006; and WHEREAS, an application has been received to replace the Bozeman Deaconess Health Services Subarea Plan (adopted 2006) with the Bozeman Health Subarea Plan and amend the Future Land Use Map of the growth policy; and WHEREAS, in accordance with 76-1-602, MCA, the City Commission must adopt a resolution of intent and conduct a public hearing prior to taking any action to adopt or revise a growth policy. A Resolution No. 5597, a Resolution of Intent, was adopted on July 9, 2024, and WHEREAS, in accordance with 76-1-602, MCA, on August 5, 2024, the Bozeman Community Development Board in their role as the Planning Board conducted a public hearing to 167 Version April 2020 receive and review all written and oral testimony on the growth policy amendment application; and WHEREAS, the Bozeman Community Development Board’s motion to approve the Bozeman Health Sub-Area Plan GPA Sub-Area Plan application No. 24118 as requested by the applicant passed 8:0; and WHEREAS, the Bozeman Community Development Board’s motion to approve the Bozeman Health Sub-Area Plan GPA Future Land Use Map application No. 24118 as requested by the applicant passed 8:0; and WHEREAS, on August 20, 2024, the City Commission conducted a public hearing prior to taking any action to adopt or revise a growth policy; and WHEREAS, following the public hearing, the City Commission passed a motion to approve modification to the of the Bozeman Community Plan 2020 by amending the Bozeman Health Sub-Area Plan as requested by the applicant; and WHEREAS, following the public hearing, the City Commission passed a motion to approve modification to the Bozeman Health Sub-Area Plan Future Land Use Map as requested by the applicant. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 In accordance with the requirements of Section 76-1-604 MCA, application No. 24118, the Bozeman Health Sub-Area Plan application for amendment to the Bozeman Community Plan 2020 as a sub-area plan, is hereby approved. The amendment integrates the plan into the BCP2020 covering 559 acres more or less. The property is described as: The property is legally described as portions of Tract 1 and 2 of COS 2047, The Knolls at Hillcrest Subdivision, and Minor Subdivision No. 162C, all situated in Sections 17 and 18, Township Two-South (T2S), Range Six East (R6E), P.M.M., City of Bozeman, Gallatin County, Montana. Containing in area 559 acres as depicted on the Bozeman Health Sub-Area Future Land Use Map Exhibit A: Bozeman Health Sub-Area Plan 168 Version April 2020 Section 2 In accordance with the requirements of Section 76-1-604 MCA, application No. 24118, the Bozeman Health Sub-Area Plan application for amendment and revision to the Bozeman Community Plan Future Land Use Map, is hereby approved. The amendment modifies the Future Land Use Map as show on Bozeman Health Sub-Area Future Land Use Map and includes 63.57 acres of Community Commercial Mixed-Use, 28.78 acres of Residential Mixed-Use, 146.18 acres of Parks and Open Space, and 214.56 acres of Urban Neighborhood totaling 559 acres more or less. The property is described as: The property is legally described as portions of Tract 1 and 2 of COS 2047, The Knolls at Hillcrest Subdivision, and Minor Subdivision No. 162C, all situated in Sections 17 and 18, Township Two-South (T2S), Range Six East (R6E), P.M.M., City of Bozeman, Gallatin County, Montana. Exhibit B: Bozeman Health Sub-Area Future Land Use Map Section 3 A public hearing was advertised and conducted on August 20, 2024, for the purpose of receiving public testimony on application 24118, Bozeman Health Sub-Area Plan and Future Land Use Map Growth Policy Amendment to amend the BCP2020 and the Future Land Use Map. All written and oral public comment was received and considered during Commission deliberations prior to the vote to approve. 169 Version April 2020 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ______________, 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 170 Subarea Plan An Amendment to the Bozeman Community Plan 2020 171 Acknowledgements Bozeman Health |Board of Directors |Executive Team Dr. Kathryn Bertany Denise Juneau Steven KleinBrad Ludford |NoliWhite Group Mike Noli |Bird Dog Strategies Brianne Rogers City of Bozeman |City Commission |Community Development Department |Parks & Recreation Department |Community Development Board |Urban Parks & Forestry Board |Transportation Board Community Partners |Gallatin Valley Land Trust |Bridger Ski Foundation |Marwyn-Lindley Neighborhood Association |New Hyalite View Neighborhood Association |The Knolls Neighborhood Sanderson Stewart |Planning Team John HalversonLenna JohnsonChris Naumann Lauren Waterton i 2024 Bozeman Health Subarea Plan 172 Table of Contents 1. Introduction ....................................................2 Subarea Plan Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 Replacing the 2005 Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Existing Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Bozeman Health's Planning Intent Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Land Use Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Framework Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Plan Themes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Community Engagement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 2. Plan Vision ....................................................12 Vision Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Planning Intent Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Land Use Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Future Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 Proposed Future Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 3. The Framework ................................................30 Framework Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 1 . Future Medical & Commercial Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 2 . Community Activity Nodes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 3 . Highland Glen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 4 . Linear Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 5 . Active Transportation Network . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 6 . Potential Street Alignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 4. The Plan ......................................................36 Goals & Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 1 . A Resilient District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 2 . A Unique District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 3 . A Complimentary District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .394. A District Influenced by Natural Environment, Parks, & Open Lands . . . . . . . . . . . . . . . . . . . 41 5 . A District Prioritizing Accessibility & Mobility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 6 . A District Powered by an Innovative & Entrepreneurial Economy . . . . . . . . . . . . . . . . . . . . .47 5. Implementation ...............................................52 Future Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52 Challenges & Constraints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 Opportunities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 Planning Processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58APPENDIX A: Existing Conditions ...................................A.1APPENDIX B: Natural Resources & Managment .......................B.1APPENDIX C: Community Plan Amendment ...........................C.1APPENDIX D: Montana Land Use Planning Act ........................D.1APPENDIX E: Community Engagement ...............................E.1 ii2024 Bozeman Health Subarea Plan 173 1CHAPTER 1: INTRODUCTION 174 1. Introduction Subarea Plan Overview Bozeman Health owns over 500 acres of land on the eastern edge of Bozeman, Montana. Since purchasing the land in 1956, Bozeman Health has been dedicated to responsible stewardship of this land while upholding their mission to improve community health and quality of life. To this end, Bozeman Health has incrementally developed the 100 acres of this property west of Highland Boulevard which is now home to Bozeman Health Deaconess Regional Medical Center, Hillcrest Senior Living, and The Knolls at Hillcrest. The remaining 400 acres east of Highland Boulevard have been primarily used for agricultural purposes. In 2010, Bozeman Health partnered with the Gallatin Valley Land Trust, Bridger Ski Foundation, and the City of Bozeman to establish public access to an expansive trail network in the 140-acre area known as Highland Glen.With the continued growth of the Gallatin Valley and Bozeman Health’s commitment to be a ‘best in class’ integrated health system, this Subarea Plan creates a visionary framework for the future of this land. The plan focuses on the relationships between the various components of great neighborhoods—natural areas, parks, trails, active transportation network, community nodes, and a basic street grid, all supporting a variety of housing. Impacts & Benefits The Subarea Plan is founded on the intent statements, land use objectives, and planning themes established by Bozeman Health during this plan update. These foundational principles are based upon the objectives established by the City of Bozeman Community Plan 2020 and informed by public input received from area residents. For years to come, the Subarea Plan will guide additional land planning and any future private development in ways that honor the vision of Bozeman Health and the Gallatin Valley community. Figure 1. Vicinity Map 2175 Replacing the 2005 Plan In 2021, the City of Bozeman Planning Board asked Bozeman Health to update the 2005 Bozeman Deaconess Health Services (BDHS) Subarea Plan. The Planning Board's written request clearly articulated “that the BDHS Subarea Plan no longer reflects current community planning goals and policies.” The Planning Board letter concluded that “given the potential to create significant development on hospital property, the Planning Board supports the creation of a new Subarea Plan to accurately reflect current community goals.” The 2005 BDHS Subarea Plan sought to “create a plan which is credible, achievable, and based on solid background and economic logic to produce the highest and best use of the property, and to further the mission statement of BDHS.” The 2005 Plan recognized that “the property is very unique in character and is located in a proximity to services and transportation corridors that make the property a very important and necessary in-fill development. Implementation of the plan will provide many residents with the opportunity to own a home within City limits and to live in a community that provides many of the needed services within walking distance.” In many ways, the 2024 Bozeman Health Subarea Plan echoes the overarching objectives of the 2005 version. But, this new plan differs significantly from the old plan. The 2024 Plan focuses more on building a framework that will support the future creation of vibrant neighborhoods and less on specific development objectives. Therefore, this plan does not include specific development scenarios and density calculations like its predecessor. Detailed development plans are more appropriate for subsequent master site planning efforts. Figure 2. 2005 Bozeman Deaconess Health Services Subarea Plan 3 2024 Bozeman Health Subarea Plan 176 42024 Bozeman Health Subarea Plan 177 Existing Conditions Land Use The 100 acres of the property west of Highland Boulevard is predominately occupied by Bozeman Health Deaconess Regional Medical Center, Hillcrest Senior Living, and The Knolls at Hillcrest. The 400 acres that remains east of Highland Boulevard, the focus of this plan, has historically been used for agricultural purposes. Despite being platted for development in the past, the property has remained as farm and ranchland. The homestead at the northern end of the property is a reminder of this agrarian heritage. The 140-acre Highland Glen natural area includes seven miles of trails and is open to the public for year-round access thanks to a partnership between Bozeman Health, City of Bozeman, Gallatin Valley Land Trust, and Bridger Ski Foundation. Natural Features & Amenities The topography of the Bozeman Health property west of Highland Boulevard generally slopes down to the north. East of Highland Boulevard the topography is more complex with the agricultural tracts gently sloping to the north while Highland Glen is defined by steep grades. An intermittent drainage occupies the coulee and is home to a variety of vegetation ranging from sage brush to stands of aspen trees. The Glen also supports nearly seven miles of natural surface trails with numerous access points that serve as rudimentary trailheads connecting to the larger Bozeman trail system. Infrastructure The Bozeman Health property is bordered by Highland Boulevard, Kagy Boulevard, and Bozeman Trail Road. A shared use path runs along the west side of Highland Boulevard between Main Street and Kagy Boulevard. Municipal water and sewer mains are located within the Highland Boulevard corridor. There are no public utilities adjacent to the subject property along Kagy Boulevard or Bozeman Trail Road. A municipal sewer main bisects a large portion of Highland Glen to serve the New Hyalite View neighborhood. Overhead electricity transmission lines bisect the property between Bozeman Trail Road and Highland Boulevard. Figure 3. Existing Conditions Map 5 2024 Bozeman Health Subarea Plan 178 62024 Bozeman Health Subarea Plan 179 1956 – Bozeman Health purchases 500 acres of property along Highland Blvd 1963 – Hillcrest Retirement Homes open 1986 – Bozeman Health opens the new Deaconess Hospital on Highland Blvd 1990 – Highland Park 1 medical office building opens 1992 – Highland Park 2 medical office building opens 1998 – Highland Park 3 medical office building opens 1999 – A new 10-bed Emergency Department is completed 2005 – Highland Park 4 medical office building opens 2008 – The Knolls at Hillcrest, Montana’s first Active Adult Lifestyle Neighborhood, opens 2010 – Highland Glen opens to the public in partnership with nordic ski trail grooming by Bridger Ski Foundation 2012 – Highland Glen trails system is established in partnership with Gallatin Valley Land Trust and the City of Bozeman 2016 – Highland Park 5 medical office building opens 2020 – The new Critical Care Unit and Patient Care Tower opens Bozeman Health History 7 2024 Bozeman Health Subarea Plan 180 Context within the Bozeman Community Plan Land Use Planning Most communities in Montana adopt a land use plan as defined and governed by the 2023 Montana Land Use Planning Act. A land use plan, commonly called a community plan or growth policy, establishes community goals related to land use, housing, natural resources, economic development, public facilities, and local services.State law allows for the adoption of area plans that are consistent with the overall land use plan. Often, when the expanse of an area plan is large enough to include multiple neighborhoods it is considered a subarea plan. Due to the size of the Bozeman Health property this plan constitutes a subarea plan as it encompasses several potential future neighborhoods. Bozeman Community Plan The current City of Bozeman land use plan was adopted as the Bozeman Community Plan 2020. From this point on, when this plan sites the Bozeman Community Plan, or simply the Community Plan, it is referring to the City of Bozeman's land use plan. This plan establishes the fundamental vision for guiding the continued growth of the community. The Community Plan articulates the citizenry’s priority to maintain Bozeman as “a flourishing, safe, healthy, and a vibrant place to live, work, and raise a family.” The Bozeman Community Plan covers seven themes: 1. A Resilient City 2. A City of Unique Neighborhoods3. A City Bolstered by Downtown and Complimentary Districts 4. A City Influenced by Our Natural Environment, Parks, and Open Lands 5. A City that Prioritizes Accessibility and Mobility Choices 6. A City Powered by its Creative, Innovative, and Entrepreneurial Economy 7. A City Engaged in Regional Coordination. Subarea Plan The Bozeman Health Subarea Plan directly supports and advances six of the seven themes established in the Bozeman Community Plan. Bozeman Health’s planning intent statements and land use objectives form the foundation of the Subarea Plan and inform a series of proposed public infrastructure and amenity improvements. These improvements include streets, utilities, active transportation, trails, parks, and natural areas which are illustrated with a comprehensive series of maps. It is important to note that the Subarea Plan primarily focuses on the undeveloped property east of Highland Boulevard. The vision proposed for these 400 acres responds to and supports the existing developments west of Highland Boulevard. Chapter 4 highlights the master site plan and Bozeman Health's vision for future expansion of the Deaconess Regional Medical Center west of Highland Boulevard. While comprehensive, the Subarea Plan incorporates by reference the content of the Community Plan regarding detailed information and projections relating to socio-cultural demographics, economic development, and infrastructure planning, in addition to the adoption and amendment processes. As referenced above, the Bozeman Health Subarea Plan will become an amendment to the Bozeman Community Plan 2020. As such, the process to formulate and adopt the Subarea Plan met the land use plan requirements established by state law. “Bozeman’s high rate of growth and changing economics, the rapid development in surrounding Gallatin County, and state law mandating that community plans be kept up- to-date, all make it necessary for Bozeman to adopt a new community plan. Without guided growth and development, the community’s identity and overall quality of life could be diminished by congestion and pollution. The City has had five community plans dating back to 1958, the most recent being its 2009 plan. Each plan builds upon the others, reflecting the community’s vision and needs over time.” - Bozeman Community Plan 2020 82024 Bozeman Health Subarea Plan 181 Bozeman Health's Planning Intent Statements Uphold our mission to improve community health and quality of life Ensure access for all to an #Outdoor HealthyLife by preserving and enhancing Highland Glen Engage the community to identify common values and outcomes to be reflected in the Subarea Plan Partner with our community in regional growth challenges and opportunities by supporting the Bozeman Community Plan Land Use Objectives 1. Preserve and enhance the natural environment, trails, and heritage of Highland Glen. 2. Provide additional health care services; commercial services that support Bozeman Health and the surrounding neighborhoods; community and workforce housing. 3. Envision neighborhoods with a variety of housing types, shapes, sizes, and intensities. Plan Themes 1. A Resilient District 2. A Unique District 3. A Complementary District 4. A District Influenced by Natural Environment, Parks, & Open Lands 5. A District Prioritizing Accessibility & Mobility 6. A District Powered by an Innovative & Entrepreneurial Economy Framework Elements Future Medical & Commercial Development Highland Glen Linear Parks Active Transportation Network Community Activity Nodes 9 2024 Bozeman Health Subarea Plan 182 Community Engagement A robust community engagement effort was implemented throughtout the Subarea planning process. The goals of this effort were to keep the public informed, generate new ideas, and gather feedback from the local community in order to ensure that the plan reflects the values of the neighbors and Bozeman community at large. Engagement Types The Bozeman Health Subarea Plan employed a variety of engagement strategies throughout the development in attempt to reach as many individuals as possible. The range of strategies included an engagement website dedicated to updating the public through the project’s entirety and providing opportunities for online feedback, eleven specific focus group meetings, and four public open houses hosted at the Bozeman Health Deaconess Regional Medical Center. Engagement Outcomes Much of the engagement feedback confirmed the priorities that the planning team had already identified for the Subarea Plan. First and foremost, community members reiterated the importance of preserving Highland Glen and its current public access, solidifying it as a community-wide asset. In addition, many community members pushed for the prioritization of walkable neighborhoods, increased recreation access, a complete multi-modal transportation network, thoughtful expansion of medical services, and modest development that maintains mountain viewsheds and the character of the area. These community priorities were addressed and reflected as well as possible through the Plan’s land use objectives and framework. Engagement Timeline Focus Group Meetings 4/11/22 Bozeman Health Employees 5/19/22 New Hyalite Neighborhood Association 6/1/22 Gallatin Valley Land Trust (GVLT) 6/6/22 Marwyn-Lindley Neighborhood Association 6/7/22 Northern Rockies Professional Association 6/8/22 The Knolls Homeowners Association 6/13/22 Bridger Ski Foundation (BSF) 9/8/22 City of Bozeman Department Staff 10/5/22 GVLT & BSF 1/10/23 City of Bozeman Department Staff 5/10/23 New Hyalite Neighborhood Association Public Open House Events 6/21/22 Public Open House #1 7/12/22 Public Open House #2 10/6/22 Public Open House #3 10/12/22 Public Open House #4 Public Comment Period – Draft Plan 11/7/23 60-day public review and comment period of Draft Plan 11/27/23 Draft Plan Presentation #1 12/5/23 Draft Plan Presentation #2 Engagement Website Statstics 5570 |195 | 3528 |2603 | Total Visits Completed Surveys Total Unique Users Downloaded Documents 102024 Bozeman Health Subarea Plan 183 2CHAPTER 2: PLAN VISION 184 2. Plan Vision Vision Overview The new vision for the Subarea Plan focuses on the 400-acres east of Highland Boulevard in a way that complements and integrates with the well-established vision for the 100-acres of property west of Highland Boulevard. The overall vision of the Subarea Plan seeks to balance the opportunity to preserve open space while addressing the challenges of a growing community. West of Highland Boulevard All of Bozeman Health’s development to date of the Subarea Plan property has occurred west of Highland Boulevard. Bozeman Health Deaconess Regional Medical Center, Hillcrest Senior Living, and The Knolls currently provide an wide spectrum of residential and medical services to the community. Any additional infill development will stay true to these established uses by enhancing the existing built environment. East of Highland Boulevard The property across the street from the Deaconess Regional Medical Center consists of three large agricultural tracts and Highland Glen natural area. Despite its longstanding history as farming and natural open space, this land has been considered for development over recent decades. In light of increasing growth challenges, Bozeman Health sees an opportunity to create a vision for this land that honors its rural heritage and maintains Highland Glen as a community asset accessible to the entire community. 12185 Planning Intent Statements Bozeman Health began the planning process by defining four planning intent statements to serve as the Plan’s guiding principles. The first intent statement is Bozeman Health’s primary organization mission as a health care provider, which guides all their efforts. The other three intent statements prioritize the importance of partnerships to address regional growth, promoting healthy outdoor lifestyles, and committing to community engagement. 1. Uphold our mission to improve community health and quality of life 2. Partner with our community in regional growth challenges and opportunities by supporting the Bozeman Community Plan 3. Ensure access for all to an #OutdoorHealthyLife by preserving and enhancing Highland Glen 4. Engage the community to identify common values and outcomes to be reflected in the Subarea Plan Bozeman Health’s Intent is to... 13 2024 Bozeman Health Subarea Plan 186 Land Use Objectives Considering the amount of land within the Subarea Plan, the variety of existing conditions, and the City’s Future Land Use Map, Bozeman Health identified three primary land use objectives for the distinct parts of their property. The plan is founded on the preservation of Highland Glen's natural character and public access. The second objective focuses on providing additional medical and supportive services adjacent to Highland Boulevard. The final land use objective addresses the need for additional housing of all types. ↑Photograph of Highland Glen by Matt Lavin, under a CC BY-SA 2.0 license 142024 Bozeman Health Subarea Plan 187 6.9 Miles of Trail 142 Acres Highland Glen Parks & Open Lands Figure 4. Land Use Objective 1 Highland BlvdKagy Blvd Ellis St 15 2024 Bozeman Health Subarea Plan 188 6.9 Miles of Trail 142 Acres Highland Glen Parks & Open Lands Community Plan Definition: PARKS & OPEN LANDS All recreational lands, including parks, are included within this category, as well as certain private lands. These areas are generally open in character and may or may not be developed for active recreational purposes. This category includes conservation easements or other private property which may not be open for public use. Land Use Objective 1: Preserve and enhance the natural environment, trails, and heritage of Highland Glen.Bozeman Trail RdHa g g e r t y L n 162024 Bozeman Health Subarea Plan 189 Figure 5. Land Use Objective 2 Highland BlvdKagy Blvd Ellis St 17 2024 Bozeman Health Subarea Plan 190 Community Plan Definitions: RESIDENTIAL MIXED USE This category promotes neighborhoods substantially dominated by housing, yet integrated with small-scale commercial and civic uses. The housing can include single-attached and small single-detached dwellings, apartments, and live-work units. Multi-unit, higher density, urban development is expected. COMMUNITY COMMERCIAL MIXED USE This category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. REGIONAL COMMERCIAL & SERVICES Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready- access within and adjacent to development. Land Use Objective 2: Provide additional health care services; commercial services that support Bozeman Health and the surrounding neighborhoods; community and workforce housing.Bozeman Trail RdHa g g e r t y L n 182024 Bozeman Health Subarea Plan 191 Figure 6. Land Use Objective 3 Highland BlvdKagy Blvd Ellis St 19 2024 Bozeman Health Subarea Plan 192 Community Plan Definition: URBAN NEIGHBORHOOD This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. Higher density residential areas are encouraged to be, but are not required or restricted to, proximate to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. Land Use Objective 3: Envision neighborhoods with a variety of housing types, shapes, sizes, and intensities. ↗Photograph of Homes near the Deaconess Regional Medical Center by Matt Lavin, under a CC BY-SA 2.0 licenseBozeman Trail RdHa g g e r t y L n 202024 Bozeman Health Subarea Plan 193 Future Land Use The Bozeman Community Plan 2020 includes a Future Land Use Map that prescribes general categories of desired development types and densities for every area of the city. Each future land use is compatible with numerous existing zoning designations that would effectively implement the intended uses.The current Future Land Use Map has established that the land within the subarea boundary is a mix of five different land use designations: Urban Neighborhood, Community Commercial Mixed Use (CCMU), Regional Commercial & Services, Residential Mixed Use, and Parks & Open Lands. The land west of Highland Boulevard is largely defined by Urban Neighborhood over the residential areas of Hillcrest Senior Living and The Knolls at Hillcrest, and Regional Commercial & Services and CCMU over the Bozeman Health Deaconess Regional Medical Center campus. On the east side of Highland Boulevard, the agricultural tract directly adjacent to Highland Boulevard is designated as CCMU and Residential Mixed Use. The rest of the vacant land to the east of Highland Boulevard is designated as Urban Neighborhood, apart from a small region identified as CCMU along Kagy Boulevard. Based upon the City's current land use designations, the entirety of Highland Glen has been identified as developable land under Urban Neighborhood or CCMU permitted zones. Bozeman Health looks to change this possiblity and take appropriate measures to protect Highland Glen from future development. Figure 7. Current Future Land Use Map Highland Blvd21 2024 Bozeman Health Subarea Plan 194 Kagy Blvd Bozeman Trail RdHa g g e r t y L n Ellis St 222024 Bozeman Health Subarea Plan 195 Proposed Future Land Use The Plan proposes to revise the Community Plan’s future land use map by designating Highland Glen as privately held “Parks & Open Land,” as shown in Figure 8. This change would reduce the amount of land designated as “Community Commercial Mixed Use” and “Residential Mixed Use” immediately east of Highland Boulevard. Recategorizing Highland Glen would also reduce the amount of “Urban Neighborhood” designated along Kagy Boulevard and Bozeman Trail Road. The node of Community Commercial Mixed Use proposed along Kagy Boulevard in the Community Plan is recommended to be relocated to the west. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents. The land use map sets generalized expectations for what goes where in the community. The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future development.” - Bozeman Community Plan 2020 Figure 8. Proposed Future Land Use Map Highland Blvd23 2024 Bozeman Health Subarea Plan 196 Kagy Blvd Bozeman Trail RdHa g g e r t y L n Ellis St 242024 Bozeman Health Subarea Plan 197 Plan Themes The six themes of the Subarea Plan directly reflect and support the major components of the Bozeman Community Plan which “describe community-derived desired outcomes.” The Community Plan explains that the themes “contain objectives and actions to guide the City towards its vision and evolve as the City grows.” Each Community Plan theme has been tailored to apply specifically the unique attributes of Bozeman Health property. The Subarea Plan envisions the Bozeman Health property evolving into a distinct district centered around services, housing, and amenities that support community health. Therefore, where the Community Plan themes refer to the entire City or individual neighborhoods, the Subarea Plan reframes those objectives at the district level. The Subarea Plan themes inspired the plan Framework elements established in Chapter 3. The Framework provides the structure for outlining goals and objectives for each planning theme in Chapter 4. Finally, these actionable outcomes set the stage for a review of implementation challenges and opportunities in Chapter 5. A Resilient District “Our City desires to be forward thinking, collaborative, and deliberate in planning and execution of plans and policies to enable our community to successfully ride the waves of change.” - Bozeman Community Plan Bozeman Health envisions a resilient district planned to be environmentally, economically, and culturally sustainable. A Unique District “Our City desires to be diverse, healthy, and inclusive, defined by our vibrant neighborhoods, quality housing, walkability, excellent schools, numerous parks and trails, and thriving areas of commerce.” -Bozeman Community Plan Bozeman Health envisions a unique district of distinct, walkable neighborhoods including housing, basic services, and employment opportunities. 25 2024 Bozeman Health Subarea Plan 198 A Complementary District “Our City is bolstered by our Downtown, Midtown, University and other commercial districts and neighborhood centers that are characterized by higher densities and intensities of use.”- Bozeman Community Plan Bozeman Health envisions a regional health services district with a diverse mix of medical, commercial, and residential uses. A District Influenced by Natural Environment, Parks, & Open Lands “Our City is home to an outdoor-conscious population that honors and protects our natural environment and our well-managed open space and parks system.” - Bozeman Community Plan Bozeman Health envisions a district influenced by the natural environment and open lands anchored by Highland Glen. 262024 Bozeman Health Subarea Plan 199 A District Prioritizing Accessibility & Mobility “Our City fosters the close proximity of housing, services, and jobs, and desires to provide safe, efficient mobility for pedestrians, cyclists, transit users, and drivers.”- Bozeman Community Plan Bozeman Health envisions a district prioritizing accessibility and mobility with a network of complete streets and active transportation encouraging bicyclists and pedestrians. A District Powered by an Innovative & Entrepreneurial Economy “Our City benefits from and desires to further an expanding economy that is powered by the talents of its residents, a dedicated and engaged business community, and strong regional partnerships.” - Bozeman Community Plan Bozeman Health envisions a district powered by an innovative and entrepreneurial economy with expanded regional health care facilities and services. 27 2024 Bozeman Health Subarea Plan 200 201 3CHAPTER 3: THE FRAMEWORK 202 3. The Framework Framework Elements The framework described in this chapter provides the critical backbone to this plan. It identifies six unique framework elements that will ensure that any future development on this land will create desirable neighborhoods that will thrive through their walkability, active community, unique identity, and access to valuable community assets. Context: Deaconess Regional Medical Center & Hillcrest The west side of Highland Boulevard is home to the Bozeman Health Deaconess Regional Medical Center and Hillcrest Senior Living. Although this land is already largely developed, Bozeman Health will continue to expand and adapt their Deaconess Regional Medical Center to respond to the growing medical care needs of Bozeman and the local region. Because the trajectory of the west side of Highland Boulevard is already largely defined, this land is not the focus of the Subarea Plan, its context has a great influence on the remaining area addressed in this document. 1. Future Medical & Commercial Services This plan identifies approximately 15 acres of land along the east side of Highland Boulevard, adjacent to the current Deaconess Regional Medical Center, for future medical and complementary commercial services. This land will provide the opportunity for Bozeman Health to expand their Deaconess Regional Medical Center if needed or allow for supporting health services and businesses to be located adjacent to the current Medical Center. Auxiliary primary services may include private specialized medical practices and wellness clinics, while secondary services may include hotels, restaurants, fitness centers, and pharmacies. Reserving the land for these specific uses will ensure the accommodation of future Deaconess Regional Medical Center growth. 2. Community Activity Nodes Three specific community nodes have been identified within the planning area to serve as activity anchors for current and future adjacent communities. The first community node is the Homestead Node located at the northern end of Highland Glen. Highland Glen’s historic homestead was established nearly 150 years ago and the land has been farmed and ranched by several local families since. The intent is for the farm to be transformed into a local heritage center, cultural and ecological learning hub, community event space, and public gardens. 30203 The second node is the Highland Glen trailhead node located at the southern end of the Glen off Kagy Boulevard. The trailhead will provide improved access, service, and amenities to Highland Glen nature preserve for all users and recreationalists. The facility could include a paved parking lot, year-round restrooms, a picnic pavilion, winter warming center, and bike repair station. The third identified node is a commercial node located in the southeast corner of the Kagy agricultural tract, adjacent to Kagy Boulevard. This commercial node will allow for neighborhood-oriented local businesses that will provide walkable amenities to residents in the area. These commercial businesses could include coffee shops, restaurants, convenience stores, or other small businesses. 3. Highland Glen Highland Glen and its expansive trail system is an extremely valued asset in the Bozeman outdoor community. Thousands of Bozeman residents seek out 31 204 the peaceful 142-acre glen year round. In the warm months, Highland Glen trails are bustling with walkers, runners, and bikers, while in winter, the groomed ski trails are busy with cross-country skiers. Bozeman Health is committed to maintaining public access to this treasured trail system and will protect Highland Glen from any potential future development. This plan has prioritized the preservation and enhancement of Highland Glen as a protected open space with public access. 4. Linear Parks Linear parks will be an essential feature if development is sought on any of the three agricultural tracts. The linear parks will be long stretches of designated park land located along the boundary between the three agricultural tracts and Highland Glen Nature Preserve. Designed to be about 100 feet in width, the linear parks will provide a crucial transitional buffer between the nature preserve and any future development. The parks should have amenities for all ages and abilities that Highland Glen does not have the opportunity to support, including paved shared use paths, playgrounds, climbing boulders, benches, shade structures, and improved access to Highland Glen itself. 5. Active Transportation Network A network of non-motorized shared use paths is outlined within the planning area to circumnavigate each agricultural tract, boarder Highland Glen, and create east-west connections through the Glen. Where available, each section of the proposed linear parks will include a shared use path. With a comprehensive active transportation network that includes connections between all agriculture tracts, no vehicle streets will be required to bisect or disturb Highland Glen. In addition, three bike and pedestrian tunnels under Highland Boulevard and one tunnel under Kagy Boulevard are proposed to create safe crossing options between the existing Deaconess Regional Medical Center and potential development on the east side of Highland Boulevard, and between Highland Glen and Painted Hills trailhead. Photograph of a Shared Use Path by James Lewis, under an Unsplash License 205 6. Potential Street Alignment A preliminary alignment of primary streets has been established for the three agricultural tracts (shown as dashed gray lines). A defining and foundational feature of each tract's road network is the parkway street that runs adjacent to the three linear parks. The critical purpose of these parkways is to secure universal and continuous access to the linear parks and Highland Glen Nature Preserve by establishing adjacent public right-of-way and preventing private property from abutting the park areas and blocking public access. These parkways also provide an opportunity to create low-speed scenic routes through the potential neighborhoods. Additional primary streets are placed in intuitive alignments within the tracts that extend from existing streets across Highland Boulevard, Kagy Boulevard, and Bozeman Trail, connecting potential new development to the current transportation network. A Holistic Framework The combination of these six essential elements creates a holistic framework for guiding smart and desirable development for the land addressed in this plan. The graphic on the right illustrates how the elements fit together to create a single vision for the rest of the Subarea Plan. Figure 9. Framework Elements Map Highland Blvd33 2024 Bozeman Health Subarea Plan 206 Kagy Blvd Bozeman Trail RdHa g g e r t y L n Ellis St 342024 Bozeman Health Subarea Plan 207 4CHAPTER 4: THE PLAN 208 4. The Plan Goals & Objectives The Bozeman Health Subarea Plan reflects and supports the Bozeman Community Plan 2020, and as such both plans “aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future development.” As outlined in Chapter 2, the Subarea Plan is structured on six of the seven themes of the Community Plan. 1. A Resilient District The Community Plan states, “our City desires to be forward thinking, collaborative, and deliberate in planning and execution of plans and policies to enable our community to successfully ride the waves of change.” To that end, the Subarea Plan envisions Bozeman Health’s property as a resilient district. It is a deliberate plan that prioritizes a sustainable and equitable neighborhood framework focused on accessibility, active transportation, and natural open space.As Bozeman continues to grow, the Subarea Plan provides an opportunity in the core of town to create a place where a diversity of people can live, work, socialize, and recreate. The Subarea Plan proposes a mix of uses that would complement one another to create a complete district.Downtown Bozeman and Montana State University are within 1.5 miles and 2.5 miles respectively from the Bozeman Health property. The proximity adds tremendous access between these important community centers for pedestrians and bicyclists.The key to a resilient city is utilizing infill opportunities to create compact, mixed-use neighborhoods which reduce dependency on vehicles and build social capital. ↑Photograph of Downtwon Bozeman by Jacob, stock.adobe.com 36209 2. A Unique District The Community Plan identifies Bozeman as “diverse, healthy, and inclusive, defined by our vibrant neighborhoods, quality housing, walkability, excellent schools, numerous parks and trails, and thriving areas of commerce.” As described in Chapter 3, the Subarea Plan Framework outlines a unique district with a distinctive combination of residential neighborhoods, commercial areas, natural open space, and multimodal accessibility. Complete Community Future residential neighborhoods would include a full spectrum of housing options ranging from single detached homes to a variety of apartments and workforce housing. The commercial development envisioned would include small-scale neighborhood retail to medical offices to hospitality businesses. The proposed residential and commercial areas are connected to Highland Glen and one another by an all-season active transportation network. This diversity of residential and commercial options, natural open spaces, and multimodal trails would create an inclusive and accessible neighborhood. Unique Sense of Place Bozeman Health envisions the preserving the homestead at the north end of the Glen as a community center to honor and celebrate the cultural and agricultural heritage of the Glen. Central to this heritage were the generations of farming and ranching by the King, Molendyks, Knutson, Kurk, and Kraft families. Bozeman Health maintains land use licenses with the Gallatin Valley Land Trust (GVLT), Bridger Ski Foundation (BSF), and the City of Bozeman. These agreements allow for public access to and year-round use of nearly 7 miles of trails. To enhance and facilitate public access, a full-featured trailhead is proposed at the south end of the Glen. These proposed community activity nodes, the Homestead and the Trailhead, would anchor the ‘complete’ neighborhood and create a truly unique place. History of Highland Glen Bannock, Blackfoot, Crow, Nez Perce, Salish, and Shoshone likely traversed the Glen while traveling between the Gallatin Valley and the Paradise Valley. In 1806, William Clark of the Corps of Discovery established a survey benchmark on a knoll along the coulee’s edge. One hundred years later, Otto and Nellie Knutson build and settle in the homestead at the north end of the Glen. Figure 10. Framework Element: Community Activity Nodes Map Highland Blvd37 2024 Bozeman Health Subarea Plan 210 “Neighborhoods or communities that offer a mix of housing, needed services, and opportunities within close proximity of each other are considered “complete communities”. They promote walking or short commutes to the things in life we value and depend on including jobs, schools, places of worship, friends, goods and services, open spaces, trails, appropriately scaled urban agriculture such as community gardens, and more.” - Bozeman Community Plan 2020 Kagy Blvd Bozeman Trail RdHa g g e r t y L n Ellis St 382024 Bozeman Health Subarea Plan 211 3. A Complimentary District The Bozeman community is defined by a variety of unique districts that provide specific services, feature distinct built environments, and offer diverse experiences. This is recognized by the Community Plan which declares “our City is bolstered by our Downtown, Midtown, University and other commercial districts and neighborhood centers that are characterized by higher densities and intensities of use.” The Subarea Plan envisions the Bozeman Health Deaconess Regional Medical Center as the nucleus of a new complimentary district. The Bozeman Health District Like the others identified in the Community Plan, the Bozeman Health district will be a complete and self-sufficient neighborhood but will also complement other nearby districts. The envisioned evolution of Bozeman Health’s property represents a unique opportunity for responsible infill development. The Bozeman Health district would take advantage of and improve existing community assets. The Subarea Plan represents a counterbalance to the recent expansion of town to the west without requiring annexation and the costly extension of public services.The addition of more residences and expanded medical facilities in the Bozeman Health area will help support the MSU, Downtown, Midtown, and the Northeast Neighborhood districts. The proximity of these districts to one another will allow residents and employees to conveniently access a wider variety of services. Interconnected Districts The symbiotic relationship between the districts on the east side of the community will rely on robust multimodal connectivity. The Subarea Plan proposes an extensive active transportation network that would connect to existing shared use paths, trails, and bike lanes. Proactively planning multimodal connectivity would allow residents and visitors numerous low-stress options to travel within and between the Bozeman Health, MSU, Downtown, Midtown, and Northeast Neighborhood Districts. 39 2024 Bozeman Health Subarea Plan 212 Figure 11. Bozeman Districts Map 402024 Bozeman Health Subarea Plan 213 4. A District Influenced by Natural Environment, Parks, & Open Lands A high priority of the Subarea Plan is to protect and enhance Highland Glen. Therefore, no part of the Community Plan resonates more than its acknowledgement that Bozeman is home to “an outdoor-conscious population that honors and protects our natural environment and our well- managed open space and parks system.” As envisioned by the Plan, the Bozeman Health district is heavily influenced by the natural open space of the Glen. Preserve Highland Glen The backbone of the Subarea Plan’s framework is preserving Highland Glen, perpetuating public access, and enhancing its accessibility. As such, the Glen directly influences how the other Subarea Plan framework elements are defined, located, and interact with one another. The linear parks, active transportation system, and internal street network all respond to, help preserve, and enhance the Glen. Bozeman Health intends to continue partnering with GVLT, BSF, and the City to ensure that Highland Glen is well-managed in a collaborative way. The proposed Homestead and Trailhead community nodes will improve access to the Glen and contribute to a wholistic management strategy. The Subarea Plan imagines the Glen as both a natural open space preserve and a healthy recreation hub for the Bozeman Health district and the greater community. Connected Parks & Trails The proposed linear parks lining the perimeter of Highland Glen would establish a network of highly accessible green spaces. Highland Glen and associated linear parks would complement, enhance, and connect to Burke Park (aka Peet’s Hill), Lindley Park, and Painted Hills trail corridor. This collaborative vision to connect and manage parks and trails supports Bozeman’s recently adopted Park, Recreation, and Active Transportation (PRAT) Plan goal to “strengthen programs, places, and partnerships to meet changing community needs.” Figure 12. Framework Elements: Highland Glen & Linear Parks MapHighland Blvd41 2024 Bozeman Health Subarea Plan 214 “Bozeman’s physical landscape provides residents and visitors variety when moving amongst its streets, bike paths, and trails. This variety is often noted as an important part of Bozeman’s unique character – to experience open, agricultural, and recreational spaces just minutes from dense, urban corridors from the seat of a bike or a car, a bus, or when walking.” - Bozeman Community Plan 2020 Kagy Blvd Bozeman Trail RdHa g g e r t y L n Ellis St 422024 Bozeman Health Subarea Plan 215 5. A District Prioritizing Accessibility & Mobility A primary goal of the Subarea Plan defines a transportation vision that accommodates vehicle access but prioritizes active transportation. Therefore, the backbone of the mobility network is system of shared use paths that provide connectivity to, from, and within the Bozeman Health district. This mobility plan embodies the goal of the Community Plan to equally “provide safe, efficient mobility for pedestrians, cyclists, transit users, and drivers.” Shared Use Paths The recommended shared use paths create an extensive network of year-round routes for pedestrians, bicyclists, and other micromobility users. Wide paved paths are located adjacent to the Highland Glen linear parks to not only provide continuous access but also to serve a buffer between the streets and the greenspaces.Shared use paths are the only paved transportation infrastructure proposed to bisect Highland Glen. Previous plans included local streets cutting through the Glen in several locations. Doing so would not be feasible due to the steep grades and spanning the Glen with streets would be cost prohibitive. But more important, the introduction of streets and vehicles would damage the Glen’s open space, natural habitat, and recreational trail system. The proposed shared use paths traverse the Glen in a sensitive way that would preserve the natural setting while providing efficient transportation connectivity. “An affordable, livable, sustainable city should grow with reduced reliance on driving alone to reach daily destinations. Active transportation increases daily physical activity, improving health and lowering healthcare costs. Thoughtful community planning provides residents and visitors with a wide range of transportation options. Appropriately designed trails, sidewalks, crossings, bike lanes, and transit networks help us move around our neighborhoods and promote safe, efficient passage to our destinations.” - Bozeman Community Plan 2020 Figure 13. Framework Elements: Active Transportation Network Map Highland Blvd43 2024 Bozeman Health Subarea Plan 216 Kagy Blvd Bozeman Trail RdHa g g e r t y L n Ellis St 442024 Bozeman Health Subarea Plan 217 Safe Street Crossings A critical component of a comprehensive active transportation network is safe street crossings for pedestrians and bicyclists. When streets carry a large amount of traffic or higher vehicle speeds a safe crossing must be what is technically called “grade separated”. The Subarea Plan calls for four tunnels to provide grade-separated street crossings. Two would connect across Highland Boulevard to and from the Deaconess Regional Medical Center. The other two would connect the proposed shared use paths and existing natural trails to the Burke Park and Painted Hills trail systems. More than Complete Streets The internal local street network proposed by the Subarea Plan would meet or exceed the City’s “complete street” requirements for vehicle lanes, bike facilities, landscaped boulevards, lighting, and sidewalks. The streets adjacent to the proposed linear parks would be “parkways” to create safe, low-stress environments. Likewise, “bike boulevards” should be incorporated into the local street network to provide additional multimodal neighborhood routes. The Subarea Plan’s shared use paths, bike boulevards, and parkways combined with the existing Highland Glen trails would help implement the PRAT Plan active transportation goal to “connect the community with safe and enjoyable pedestrian and bicycle facilities.” Integrated Transit The envisioned mix of land uses and moderate density of future development would provide the critical mass necessary to warrant Streamline servicing the Bozeman Health district with public transit. The addition of transit services to the other proposed transportation modes would create a holistic mobility system for the Bozeman Health district. Bike Boulevards Bike boulevards, also known as neighborhood greenways, are local streets that prioritize bicyclists, pedestrians, and micromobility users of all ages and abilities. The goal of a bike boulevard is to increase bike and pedestrian comfort, safety, and accessibility to provide more active transportation opportunities through urban settings. Although vehicle traffic is still allowed on these boulevards, cars are demoted to secondary users.Creating successful bike boulevards require implementing a variety of strategies including traffic- calming mechanisms, ample signage and pavement markings, and protected crossings. A local example of a bike boulevard is currently in progress in Bozeman. The City of Bozeman has identified Black Avenue as a designated bike boulevard and is in the process of implementing a temporary version to gather data and feedback before permanent implementation. The Black Avenue bike boulevard will include quick-build delineators, planters, signs, and pavement markings. ↑(Left) Photograph of a bike boulevard by Payton Chung, under a CC BY 2.0 license ↑(Right) Photograph of bike boulevard signage by Erica Fischer, under a CC BY 2.0 license 218 Parkways Parkways are scenic roadways located alongside public green spaces such as linear parks, streams, or lakes and are designed to establish public access to those natural spaces and their associated recreation opportunities. Parkways are characterized by narrow vehicle lanes, traffic-calming features, mid-block tabletop pedestrian and bike crossings, tree-planted medians and boulevards, and slow vehicle speeds. Being recreational in nature, they are not intended for motor vehicle through traffic. In addition, parkways are typically paired with an adjacent shared use path for pedestrian and bike use. Street parking along one side of the parkway next to the public natural areas can provide improved access to the green spaces, shared use paths, and park amenities. ↑(Top) Photograph of a parkway shared use path and street by Ben, stock.adobe.com ↑(Bottom) Photograph of a parkway in Minneapolis, MN by Minneapolis Public Works, under a CC BY 2.0 license219 6. A District Powered by an Innovative & Entrepreneurial Economy Bozeman Health’s primary mission is to improve community health and quality of life. Over the decades this mission has propelled Bozeman Health to become a regional medical provider offering a variety of services at scale across an ever-growing geography. The Subarea Plan supports the continued evolution of this mission and aligns with the Community Plan by contributing to “an expanding economy that is powered by the talents of its residents, a dedicated and engaged business community, and strong regional partnerships.” Deaconess Regional Medical Center As the Bozeman Health Deaconess Regional Medical Center grows it will need the support of other medical and commercial services. Additional outpatient needs could be served by locating new and expanded primary health care facilities along the east side of Highland Boulevard. To accommodate the needs of more patients, visitors, and employees, complementary commercial development would likely include a hotel, a variety of food and beverage establishments, and related small businesses. The expanded variety of medical and commercial services would create a synergistic economic environment fostering Bozeman Health continued growth as a regional medical center. A Diverse Live-Work District The Bozeman Health district would not only be home to the Deaconess Regional Medical Center, other medical offices, and complimentary commercial businesses, but also to residents. Diverse housing options ranging from single detached homes to townhomes to apartments would provide living opportunities for employees working in the district. Specifically, the Highland Agricultural Tract presents a prime location for the development of affordable workforce housing to support those who are employed by the Deaconess Regional Medical Center. Thoughtfully developing medical, commercial, and residential projects in close proximity fosters an ideal environment for affordable and workforce housing. Figure 14. Framework Elements: Future Medical & Commercial Map Highland Blvd47 2024 Bozeman Health Subarea Plan 220 “Community development oriented on centers of employment and activity shorten travel distances and encourage multi-modal transportation, increase business synergies, and permit greater efficiencies in the delivery of public services.” - Bozeman Community Plan 2020 Kagy Blvd Bozeman Trail RdHa g g e r t y L n Ellis St 482024 Bozeman Health Subarea Plan 221 The Deaconess Regional Medical Center Campus Since relocating Bozeman Deaconess Hospital to the property along Highland Boulevard in 1986, the campus has grown significantly into a regional medical center. Five medical office buildings were constructed between 1990 and 2016. The emergency department was expanded in 1999. And most recently, the critical care tower was completed in 2020. As Bozeman Health continues to evolve so will the Deaconess Regional Medical Center. Master Campus Plan In 2023, Bozeman Health formulated a master campus plan to strategically expand their capacity to meet the community’s increasing demand for inpatient and outpatient medical care.This plan considers adding a sixth medical office building, expanding the emergency department, expanding the critical care tower, and constructing a parking garage.The campus plan also focuses on providing better patient convenience by constructing an enclosed wayfinding concourse connecting several building entrances. Additional landscaped open spaces are proposed to beautify the campus and provide more welcoming approaches along Highland Boulevard. Figure 15. Bozeman Health Master Campus Plan 49 2024 Bozeman Health Subarea Plan 222 Figure 15. Bozeman Health Master Campus Plan 502024 Bozeman Health Subarea Plan 223 5CHAPTER 5: IMPLEMENTATION 224 5. Implementation This chapter outlines factors that will guide and impact when and how the Subarea Plan vision can be realized. The Plan does not obligate Bozeman Health to implement all or any of the outlined framework elements. Likewise, with formal adoption, the City of Bozeman is not obligated to implement the public improvements referenced in this Plan. Any implementation that does come to fruition will likely involve collaboration between Bozeman Health and the City of Bozeman on many levels addressed below. Implementation will be phased and take years if not decades to materialize. Seeing this vision become a reality will require an openness to be flexible, continued community participation, building upon existing partnerships, and establishing new collaborative relationships. Future Development Bozeman Health recognizes that their property could play a positive role in the evolution and growth of the community. The Subarea Plan establishes a framework for vibrant neighborhoods but does not contemplate future development in certain terms. The Community Plan “approaches growth as something that overall is positive but recognizes that it does not come without drawbacks and that the community will change over time.” To guide positive outcomes and limit negative impacts, the City has adopted land development regulations. Land planning and development policies address the issue of growth by answering the question of “If so, how.” Land Uses & Density As outlined in Chapter 2, this Plan generally accepts the future land uses for the Bozeman Health property as prescribed by the Community Plan. Correspondingly, Bozeman Health’s land use objectives include utilizing the Community Plan designations of Parks & Open Lands, Urban Neighborhood, Residential Mixed Use, Community Commercial Mixed Use, and Regional Commercial & Services. 52225 Conceptual Land Use & Density Scenario FOR ILLUSTRATIVE PURPOSES ONLY This illustration shows a concept of how future land uses and corresponding densities might be planned during the lifespan of the Subarea Plan (approximately 10 years). This concept is not prescriptive, nor does it represent any form of planning entitlement by being included here. Figure 16. 10-year Conceptual Land Use Scenario Highland Blvd53 2024 Bozeman Health Subarea Plan 226 Beyond recognizing the intended future land uses, the Subarea Plan does not project more detailed development patterns or estimate potential densities. Specific development scenarios will be determined in the future by others following the City’s land planning processes and development regulations described below. Each of these future land uses have one or more applicable zoning designations which define appropriate development use and intensity standards. These standards are meticulously articulated in the Bozeman Unified Development Code (UDC).The UDC prescribes minimum and maximum dwelling units per acre for each residential zoning designation. Both the residential and commercial zoning designations regulate building scale and mass with specific standards for property line setbacks, lot area coverage, and maximum building heights. The UDC also mandates minimum amounts of open space and parkland for residential developments in addition to required amounts of pedestrian-oriented open space for commercial developments.The City has invested considerable time and resources updating these land use and development policies to accomplish the vision and goals of the Community Plan, and thus the UDC is a regulatory reflection of the community’s shared values. Nonetheless, there are inherent realities about growth poignantly articulated in the Community Plan:“Regulations can do many things to ensure adequate physical facilities and a visually appealing and functional development of sites. They provide a framework within which people may pursue dreams of their own homes and businesses. For all they can accomplish, there are some things they cannot do. They do not prevent change or guarantee that change will happen in the way any particular person prefers.” 542024 Bozeman Health Subarea Plan 227 Challenges & Constraints City planning documents, land use policies, and development regulations govern how growth can occur, but other challenges and constraints also influence property development. The ability to serve new development with public and community services will play a pivotal role in the future of Bozeman Health’s property east of Highland Boulevard. Transportation Network A comprehensive analysis of the existing transportation network, potential traffic demand increases, and corresponding infrastructure improvements will need to be conducted to determine future development impacts. The Subarea Plan strives to minimize single-occupancy vehicle impacts by prioritizing walking, biking, and public transit.Future master site and site planning efforts will require formal traffic impact studies and trip generation sensitivity analyses. This work will identify existing street capacities and project future traffic volumes to determine needed network expansions. In addition, future transportation studies would evaluate the capacity of and potential improvements to the following intersections: Main-Highland, Highland-Old Highland, Highland-Kagy, Kagy-Bozeman Trail, Bozeman Trail-Haggerty, Haggerty-Main.Any future transportation network and intersection capacity analyses will require coordination with the Montana Department of Transportation (MDT) as Main Street is a state highway and Kagy Boulevard is an MDT Urban Route. Public Utilities Any future development contemplated in the Subarea Plan will require detailed analysis of public water and sanitary sewer services. This work will be performed as part of future master site and site planning efforts. Water and sewer demands will need to be calculated based on proposed land uses and densities. These demands will be input into the City of Bozeman utility models to determine if the existing infrastructure has the necessary capacity to accommodate the new uses. If not, upgrades and improvements to the water and sewer systems will be required. If, over time, the full extent of the Subarea Plan comes to fruition, the City of Bozeman may need to locate new Public Works facilities in the area to support the additional water and sewer services.Taking a more holistic view, the ability to service new development is dependent on regional, national, and global pressures on water. The City of Bozeman accesses its water from a closed basin which includes three main sources: Lyman Spring, Sourdough Creek, and Hyalite Reservoir. Assuming a consistent 4% growth rate, the City has estimated that “water demand will outpace the reliable yield of the existing water supply in 2033.” Therefore, to some extent, changing climate and limited supply will likely impact the community’s ability to provide enough water for competing uses.These challenges could be mitigated by implementing sustainable water and energy systems at scale. This could include implementing wastewater recycling, renewable solar energy, or geothermal energy systems that would serve the entire neighborhood. Public Services As Bozeman continues to grow other public services like police, fire, and schools continually expand to meet the additional needs of the community. If the Bozeman Health property east of Highland and other nearby properties see significant development, the City of Bozeman may need to consider locating a new fire and police facility nearby. Likewise, the Bozeman School District would likely evaluate the feasibility of building a new school in the area with any significant residential development. Opportunities The Subarea Plan highlights several opportunities to perpetuate Bozeman Health’s long-standing commitments to their property’s agricultural heritage and public access. The land use objectives in Chapter 2 clearly establish these as foundational elements of Bozeman Health’s vision for the property. Agriculture In 2023 Bozeman Health leased the 317-acres of farmable land east of Highland Boulevard to Montana 55 2024 Bozeman Health Subarea Plan 228 “For new people and businesses to come and establish in the community the City must be able to provide land area, utility services, and other functions. It is the long standing policy of the City to balance the interests of new and existing residents. Therefore, the City has established standards and procedures to strive to ensure that new development proportionately contributes to the services and facilities needed to support new development.” – Bozeman Community Plan 2020 562024 Bozeman Health Subarea Plan 229 inherently woven throughout the neighborhood. The local production of sustainable food by community members provides a community nexus both physically and socially; fostering a strong sense of relationship to the land, food, and one another. This agrihood model could replace conventional urban residential development onone of the existing agricultural tracts. Public Access Bozeman Health will continue to partner with the City of Bozeman, Gallatin Valley Land Trust (GVLT), and Bridger Ski Foundation (BSF) to provide public access and year-round recreational opportunities at Highland Glen. Whether by renewing the current land use licenses or by contractual means, these community partnerships are invaluable to programming and managing a variety of healthy outdoor uses. There is a current opportunity for Bozeman Health to coordinate with the City, GVLT, and BSF to create a Master Trail Plan for Highland Glen. This master plan could identify future trail improvements, outline ongoing and long-term maintenance needs, establish operational best practices, and identify the roles and responsibilities of each partner. In addition, this plan State University’s Agricultural Experiment Station as part of the Foundation Seed Program. After generations of family farming, this new relationship represents the next chapter in the area’s long history of agricultural use.For Bozeman Health the MSU lease is an opportunity to continue their legacy of land stewardship. The partnership allows MSU to cultivate several foundation seed varieties and will also provide numerous research opportunities for soil science and precision agriculture. Bozeman Health intends to continue leasing Highland Glen for seasonal livestock use. For many years, a generational rancher has pastured cow-calf pairs in the Glen between the months of June and October. As discussed in Chapters 3 and 4, the Highland Glen homestead community node will honor the agricultural heritage of the property. Another possible opportunity to carry on the land's agricultural heritage is through the intentional development of "agrihoods." An agrihood is a primarily residential neighborhood designed to revolve around shared community agriculture that is “Bozeman Health is inspired by a desire to take outdoor active and healthy lifestyles and combine them with traditional services including behavioral health to increase health and wellness in a way that is accessible to all. Our leadership `care team members and community have grown to love since beginning our trails partnerships in 2013.” – Bozeman Health “The Gallatin Valley Land Trust is so proud of our decade long partnership with Bozeman Health and the incredible trails we have built together at Highland Glen. We look forward to engaging in this planning process to ensure the future of those trails and to envision new ways to connect our community to the land.” – Gallatin Valley Land Trust “The Bridger Ski Foundation is committed to the stewardship of the Highland Glen Trails. Highland Glen has served as a centerpiece of Bozeman’s trail network— accommodating hundreds of users daily from kids after school ski lessons, to community members getting out for a lunch break, to free weekend family fun days. BSF looks forward to working with Bozeman Health and the community on this land use plan.” – Bridger Ski Foundation Community Commitment to Public Access: 57 2024 Bozeman Health Subarea Plan 230 should begin to contemplate how to integrate the proposed shared use paths bisecting the Glen. The master trail plan would also provide valuable insights into the future funding needs to maintain and improve the Glen’s national-class recreation opportunities.Land Management The Highland Glen Nature Preserve Land Management Plan was prepared for Bozeman Health in 2015 by the Montana State University Department of Animal and Range Sciences. The plan acknowledges that “Bozeman Health desires to sustain the land’s ecological health and ecosystem services, and Bozeman Health desires to be a good neighbor to adjacent landowners. If compatible with these goals, Bozeman Health also wishes to: 1) provide year-round public recreational opportunities, and 2) generate income for Bozeman Health and support the Gallatin Valley economy by leasing cropland to a local farmer and leasing livestock grazing to a local rancher.” The management plan documents the water, vegetation, wildlife, and historical resources of the Glen. It also establishes land management actions that include cattle grazing, weed control, recreation, ecological monitoring, and lease agreements. The Plan outlines how agricultural uses, resources management, and public recreation will be integrated.Bozeman Health intends to continue these land management efforts with their community partners. The complete land management plan is included in Appendix B: Natural Resources & Management.In addition, the Subarea Plan acknowledges the City-accepted 2023 Gallatin Valley Sensitive Lands Protection Plan. The Subarea Plan supports multiple themes identified by the Sensitive Lands Protection Plan including habitat preservation and maintaining historic agricultural uses. By preserving Highland Glen as a significant open space corridor and continuing agricultural partnerships on the land, the Subarea Plan conserves these important resources. Planning Processes The City of Bozeman has a variety of planning documents that work in conjunction to guide the continued evolution of the community. The 2018 Bozeman Strategic Plan includes Vision Statement #4 entitled ‘A Well-Planned City’. In turn, the Community Plan and the Bozeman Health Subarea Plan are “influenced by, and will influence, a number of other local plans, guidelines, policies, and manuals. These are intended to be used together to achieve a set of community goals while minimizing redundancies.” Land Use Planning Land use and development involve a series of sequential planning processes. Each step described below has a finer scope and more detailed design requirements than the last. The process also provides additional opportunities for public engagement. 1. Subarea Plan applies the goals and objective of the Community Plan to a more specific ‘neighborhood’ or district. The City requested Bozeman Health create a new subarea plan to replace the outdated 2006 Subarea Plan. 2. Master Site Plan is required for each distinct part of a Subarea Plan. A Master Site Plan outlines the phased development of a particular property. 3. Site Plan or Subdivision is required for each development project within an approved Master Site Plan. 4. Public Infrastructure Plan is required to design, improve, and construct new public streets, water mains, sewer mains, and stormwater management systems. 5. Building Permit is required to construct each building or component of an approved Site Plan. Other Related Plans A wide variety of City of Bozeman planning documents are germane to this Subarea Plan. They include the 2017 Water Facility Plan, 2015 Wastewater Collection Facilities Plan, 2017 Bozeman Transportation Master Plan, and 2023 Parks, Recreation, and Activie Transportation Plan. Likewise, some Gallatin County and regional plans are relevant including the 2021 Triangle Trails Plan, 2022 Greater Triangle Area Transportation Plan, and the 2023 Gallatin Valley Sensitive Lands Protection Plan. 582024 Bozeman Health Subarea Plan 231 AAPPENDIX A: Existing Conditions 232 A.2233 * For Historical Perspective, Demographics, Socioeconomics, and Physiography see the 2020 Bozeman Community Plan Appendix C Land Use Current Land Use Much of the land addressed in Bozeman Health’s Subarea Plan is currently undeveloped, primarily used for agricultural purposes and publicly accessible natural open space. The presently developed portions of the Subarea Plan area are located on the west side of Highland Boulevard. This development includes the main Bozeman Health Deaconess Regional Medical Center, Hillcrest Senior Living, and the Knolls at Hillcrest residential neighborhood. Because most of the area west of Highland Boulevard is already developed, the plan primarily focuses on the land located east of Highland Boulevard. This area is comprised of three undeveloped agricultural tracts that are bisected by the Highland Glen natural space, totaling to approximately 455 acres. Current Zoning Currently, the Deaconess Regional Medical Center and the large area to the east of Highland Boulevard adjacent to the Deaoness Regional Medical Center are zoned as Community Business District (B-2). The area surrounding Hillcrest Senior Living, including the undeveloped 7 acres of the Knolls, is zoned as Residential-Office District (R-O). The Knolls at Hillcrest is zoned as Residential Medium Density District (R- 3). The area across Highland Boulevard from the Knolls and North of New Hyalite View Subdivision is zoned as Residential Low-Density District (R-1). The remainder of the Subarea Plan land is zoned as Residential Suburban District (R-S). Although these designations make up the City’s current zoning, some of the designations do not align with the City of Bozeman’s Future Land Use map that is detailed in the City’s Community Plan. See Figure #/Page # for a map of the current zoning designations. Future Land Use The City of Bozeman’s Future Land Use map that is found within the Community Plan guides what types of uses and zoning districts can be applied to specific properties. Presently, the Deaconess Regional Medical Center is designated as Regional Commercial and Services; the areas directly to the west and the area across Highland Boulevard to the east of the Deaconess Regional Medical Center, as well as a small area at the southern end of Highland Glen, are designated as Community Commercial Mixed Use; the area adjacent to the north of New Hyalite View Subdivision is designated as Residential Mixed Use; and the areas spanning Hillcrest Senior Living, The Knolls, and the eastern majority of the undeveloped agricultural land are designated as Urban Neighborhood. See page A.6 for a map of the future land use designations. Existing Facilities Transportation There are relatively few existing roads within the Subarea Plan boundary. Highland Boulevard is the only arterial street that runs through the Subarea Plan area. The other roads within the plan boundary are all local streets located on the west side of Highland Boulevard. These include Old Highland Boulevard, Aspen Point Drive, Knolls Drive, Josephine Drive, Kenyon Drive, and Post Drive. The plan’s boundary is bordered by the principal arterial Kagy Boulevard along the south, minor arterial Bozeman Trail Road along the east, and partially by the local Ellis Street along the north. The area is primarily serviced by the signalized intersection of Highland Boulevard and Ellis Street on the north boundary and the unsignalized intersection of Highland Boulevard and Kagy Boulevard west of the most southern boundary. Municipal Utilities Municipal water, sewer, and stormwater mains currently service the development on the west side of Highland Boulevard, including the Deaconess Regional Medical Center and the Knolls neighborhood. The undeveloped portion of the Subarea Plan on the east side of Highland is bordered by both water and sewer mains beneath Highland Boulevard to the west. A water main beneath Kagy Boulevard terminates at the most southwest corner of the undeveloped Subarea Plan land and another water main beneath Bozeman Trail terminates at the northeast corner of the undeveloped Subarea Plan land. Both water A.3 2024 Bozeman Health Subarea Plan 234 mains provide opportunity to be extended along their respective roads to service potential future development within the undeveloped agricultural tracts. In addition, an existing sewer main bisects the undeveloped land and Highland Glen, running from New Hyalite View Subdivision to east Ellis Street along the bottom of the glen.LEGENDCurrent Land Use Map Subarea Boundary ↑Map by City of Bozeman GIS A.42024 Bozeman Health Subarea Plan 235 LEGENDZoning Map Subarea Boundary ↑Map by City of Bozeman GIS A.5 2024 Bozeman Health Subarea Plan 236 LEGENDFuture Land Use Map Subarea Boundary ↑Map by City of Bozeman GIS A.62024 Bozeman Health Subarea Plan 237 LEGENDTransportation Network Subarea Boundary ↑Map by City of Bozeman GIS A.7 2024 Bozeman Health Subarea Plan 238 LEGENDCurrent Utilities Map Subarea Boundary Stormwater Main Water Main Wastewater Main ↑Map by City of Bozeman GIS A.82024 Bozeman Health Subarea Plan 239 BAPPENDIX B: Natural Resources & Managment 240 B.2241 Geography & Physical Conditions Topography Generally, the topography of Subarea Plan properties is characterized by gently rolling hills, sloping north or northeast. However, this rolling landscape is naturally divided by a stark drainage coulee that stretches north-south, splitting the undeveloped agricultural land into three large tracts. The coulee, called Highland Glen, is delineated by steep slopes on the east and west sides, with the steepest slopes along the east edge. Water, Streams, & Wetlands There is one drainage watercourse that flows along the bottom of the coulee within the Highland Glen area. A few ephemeral drainages feed into the glen from the west. Wetlands and riparian areas can be found along the watercourse at the bottom of the coulee.LEGENDCurrent Natural Conditions Subarea Boundary 5’ Contours Waterways Highland GlenLEGENDCurrent Natural Conditions Subarea Boundary 5’ Contours Waterways Highland Glen ↑Map by City of Bozeman GIS B.3 2024 Bozeman Health Subarea Plan 242 Trail System & Highland Glen Highland Glen refers to the significant drainage coulee found within the study area of the Subarea Plan. The Glen is currently home to a robust trail network that is publicly accessible all year round for walking, running, biking, and cross-country skiing. The trail system is maintained by two local non-profit organizations, GVLT and BSF. The trails in Highland Glen are used heavily and valued greatly by many Bozeman Community members. Vegetation The undeveloped agriculture portions of the study area are primarily dominated by agricultural crops species such as barley, wheat, peas, and lentils. Highland Glen is dominated by typical Montana grassland and forb varieties, shrubs such as sagebrush and willow, and various tree species including cottonwood and aspen.LEGENDTrails & Shared Use Paths Map Subarea BoundaryLEGENDTrails & Shared Use Paths Map Subarea Boundary ↑Map by City of Bozeman GIS B.42024 Bozeman Health Subarea Plan 243 ↑Map by Gallatin Valley Land Trust B.5 2024 Bozeman Health Subarea Plan 244 ↑Map by Bridger Ski Foundation` B.62024 Bozeman Health Subarea Plan 245 Land Management Plan * The Highland Glen Nature Preserve Land Management Plan from 2015, updated in 2024, is included on the following pages 1 | Page HIGHLAND GLEN NATURE PRESERVE LAND MANAGEMENT PLAN Prepared for: Bozeman Health May 5, 2015 Prepared by: Jeff Mosley, PhD Extension Range Management Specialist Department of Animal and Range Sciences Montana State University Bozeman, MT 59717-2900 Office: 406-994-5601 Cell: 406-579-8177 FAX: 406-994-5589 Email: jmosley@montana.edu Reviewed and referenced annually for ongoing operations: 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024 Reviewed by: Brianne Rogers, Consultant Bird Dog Strategies, LLC Email: briannerogers@gmail.com Cell: 406-579-2921 1.0 EXECUTIVE SUMMARY This plan describes how Bozeman Health (BH) will manage about 430 acres of undeveloped land near Bozeman Health Deaconess Hospital in Bozeman, Montana. BH desires to sustain the land’s ecological health and ecosystem services, and BH desires to be a good neighbor to adjacent landowners. If compatible with these goals, BH also wishes to: 1) provide year-round public recreational opportunities, and 2) generate income for BH and support the Gallatin Valley economy by leasing cropland to a local farmer and leasing livestock grazing to a local rancher. Current land health is generally good to excellent, with the notable exception of a large infestation of the noxious weed common tansy and much smaller infestations of the noxious weeds Canada thistle, hound’s tongue, musk thistle, and spotted knapweed. The cropland lessee will be responsible for weed control on the cropland, and a licensed contractor will be responsible for weed control within the cropland field buffers and throughout the remainder of the property. Light to moderate-intensity cattle grazing from July 15-October 15 each year will be used to suppress the noxious weed Canada thistle, enhance wildlife habitat and biological diversity, and reduce the threat of wildfire. Motorized machinery is permitted for operational purposes for the farmer and rancher lessees. Motorized scooters for handicapped trail users are permitted; pedal-powered bicycles are also permitted. No other motorized recreation will be permitted. Working with Gallatin Valley Land Trust (GVLT), BH will update and add to existing signage at trailheads to interpret the land’s ecology and significant history for recreational users. Signs will be installed at all trailheads to inform recreational users about farming and cattle grazing on the property and to advise people about how to safely coexist with the farming and cattle grazing as they recreate. Any trail changes or additions will be coordinated between BH and GVLT. B.7 2024 Bozeman Health Subarea Plan 246 2 | Page 2.0 INTRODUCTION Bozeman Health (BH) owns about 430 acres of undeveloped land near Bozeman Health Deaconess Hospital inside the city limits of Bozeman, Montana (Figure 1). The undeveloped land is located in Township 2 South, Range 6 East, Section 17. About 295 acres are cropland and leased for farming. About 135 acres are rangeland, with about 119 acres of the rangeland leased for cattle grazing. The weed management plan outlined below applies to the 430 acres of undeveloped cropland and rangeland. This plan revises and replaces the BH Bozeman Trail Coulee Land Management Plan dated January 24, 2012. This revision has been prepared with input and assistance from the Gallatin Valley Land Trust, Gallatin County Weed District, and faculty and students from the Department of Land Resources and Environmental Sciences at Montana State University. The MSU ENSC 443 (Weed Ecology and Management) Fall 2014 students put together a project paper analyzing weed management alternatives that have been considered in the creation of this comprehensive plan. The BH Subarea Plan completed in April 2006 describes the long-term vision for the 430 acres. Most of this land will eventually be developed to include commercial and residential uses, with about 100 of the rangeland acres dedicated to remain undeveloped in a linear park (Highland Glen Nature Preserve). The purpose of this plan is to guide land management actions until commercial and residential development occurs. BH will review and possibly update this plan at least once every 5 years. 3.0 LAND MANAGEMENT GOALS BH desires to sustain the land’s ecological health and ecosystem services, and BH desires to be a good neighbor to adjacent landowners. If compatible with these goals, BH also wishes to: 1) provide year-round public recreational opportunities, and 2) generate income for BH and support the Gallatin Valley economy by leasing cropland to a local farmer and leasing livestock grazing to a local rancher. 4.0 WATER, VEGETATION, WILDLIFE, AND HISTORICAL/CULTURAL RESOURCES 4.1 Water One unnamed watercourse extends from south to north through Highland Glen Nature Preserve. The stream channel begins where groundwater surfaces near a spring about 1000 feet north of the southern property boundary. The watercourse does not contain fish. One old, unmaintained, excavated stock water pond exists near the northern end of the coulee and is surrounded by tall willow trees. Beavers have constructed several dams along the stream in the northern half of the coulee, and these dams have created small ponds adjoined by aspen, cottonwoods, and other wetland vegetation. The number and size of beaver ponds declined appreciably in 2014 compared with 2011-2013. During years with abundant precipitation, groundwater surfaces in small pools dispersed along the bottom of the coulee’s southern third. The watercourse is generally in good ecological health. Cattle trampling is not excessive along the watercourse. Immediately prior to cattle grazing in summer 2012, woody debris was placed along streambanks at a few small, localized sites to mitigate previous trampling impacts and to prevent cattle from accessing these sites. This action was successful. Similar action is now needed at one site near the north-south center of the coulee where shrubs were removed during recreational trail construction in 2012. Shrub removal allowed cattle to access the streambank in places where they could not do so prior to trail construction. Streambank cattle trampling also needs addressed at one localized site near the northern end of the coulee where decreased beaver activity has lowered the water depth in the stream and lowered the water table, thereby enabling cattle greater access to the streambank and enabling cattle to congregate where they could not previously when beaver activity was greater. B.82024 Bozeman Health Subarea Plan 247 3 | Page 4.2 Vegetation Common plant species present are listed in Table 1. The plant species composition indicates good to excellent ecological health with a few notable exceptions. Five perennial forbs (i.e., broadleaf weeds) require suppression: common tansy, Canada thistle, musk thistle, hound’s tongue, and spotted knapweed. All five of these forbs are officially listed as noxious by the state of Montana or Gallatin County. Consequently, BH is required by law to control these weeds. Common tansy is abundant along the watercourse; Canada thistle is common; hound’s tongue is common along the recreational trails, especially wherever trail construction significantly disturbed the soil; and musk thistle and spotted knapweed are limited to one or two small sites. Gallatin County Weed District personnel treated the infestation of common tansy in spring/early summer 2011 and 2012. These herbicide treatments were very successful and effectively controlled common tansy in the treated sites, but additional sites require treatment. Hound’s tongue and Canada thistle, and common tansy in some places, have increased within the cropland field buffers that were created to provide cross-country ski trails. The BH cropland is leased to Vaughn Kraft, whose family began farming the BH cropland in 1962. The Kraft Family has worked for decades to eradicate weeds on these cropland fields so that the Kraft’s could grow certified (i.e., weed-free) grain seed. Better weed control in the ski-trail field buffer is needed to protect the weed-free status of the Kraft’s grain crop. Another noteworthy vegetation concern is the large amount of wildfire fuel provided by the productive rangeland. Light to moderate-intensity cattle grazing currently reduces the wildfire threat. Mowing could be used as an alternative to cattle grazing in some portions of the rangeland, but steep topography in other portions of the rangeland make mowing unfeasible. 4.3 Wildlife The undeveloped rangeland provides valuable habitat for numerous wildlife species. Mule deer, white-tailed deer, fox, beaver, raccoons and other small mammals, coyotes, raptors, songbirds, and waterfowl are common. Black bears and moose are present infrequently. The area also provides important winter-early spring range for elk. Residential development (e.g., Arrowleaf Hills Subdivison, Eagle Rock Reserve, Triple Tree Subdivision, Trooper Trail area, and Painted Hills Subdivision) eliminated considerable elk winter-spring range to the south of the BH property during the past 20-30 years. Elk grazing distributions and travel patterns also were dramatically altered. However, adjacent land immediately to the south of Highland Glen Nature Preserve owned by the Burkhart-Behring Family has remained agricultural since the beginning of pioneer settlement in the Gallatin Valley, thus providing a travel corridor that enables wintering elk to access Highland Glen Nature Preserve from the foothills of the Gallatin Range. The Burkhart-Behring Family property is anticipated to remain agricultural for the foreseeable future, which may maintain Highland Glen Nature Preserve as valuable winter elk range for the next several years. Elk use of Highland Glen Nature Preserve during spring, however, declined in 2013-2015 because of increased recreational trail use, and it is unlikely Highland Glen Nature Preserve will provide significant spring elk habitat in the future. 4.4 Historical and Cultural Resources Archeological sites are probably present in the coulee, as acknowledged in the BH Subarea Plan (page 2-22). Prior to urban development, the developer will be required to coordinate with the State of Montana’s State Historic Preservation Office to determine whether mitigation is needed, but to date an archaeological survey has not been completed. There is little doubt that the coulee is an important historical site. For centuries, Native American tribes inhabiting lands west and north of present-day Bozeman, including Shoshone, Bannock, Nez Perce, Salish, and Blackfeet, likely traversed the coulee while traveling between the Gallatin Valley and the Paradise Valley via Bear Canyon or Bozeman Pass. In 1806, William Clark of the Corps of Discovery established a survey benchmark on a knoll on the coulee’s edge. Members of the Crow Tribe regularly B.9 2024 Bozeman Health Subarea Plan 248 4 | Page camped in the coulee while interacting with the US military at Fort Ellis during the late 1800s, and an old wagon road that extends the length of the coulee was used by pioneer settlers when travelling to/from the southeast corner of the Gallatin Valley to/from the town of Bozeman. Speculation also exists that this wagon road was an alternative route for Bozeman Trail pioneers to reach Bozeman after entering the Gallatin Valley from the east via either Moffett Gulch or the current route of Interstate 90. The undeveloped rangeland has been grazed by livestock for 140+ years. Current cattle grazing lessee Darrell Kurk, a descendant of pioneer settlers in the Gallatin Valley, was raised on the family ranch located near the mouth of Bear Canyon, and the Kurk Family has been grazing cattle on nearby lands for more than 100 years. Darrell Kurk and Vaughn Kraft, the cropland lessee, are good ambassadors for BH in the course of operating their agricultural leases. Few cultural resources exist on the property. A City of Bozeman sanitary main line sewer is buried in the bottom of the coulee, entering the coulee near the New Hyalite View Subdivision and extending northward the length of the watercourse to Haggerty Lane. This sanitary sewer serves most of the New Hyalite View Subdivision, Highwood Estates, and portions of Graf’s 1st Subdivision. Northwestern Energy maintains an overhead electric power transmission line that crosses the property from east to west, located immediately north of New Hyalite View Subdivision. No permanent buildings exist on the property. The principal recreational resources on the property are the cross-country ski trails and hiking/equine trails. Bridger Ski Foundation created winter recreational trails in fall 2010, and Gallatin Valley Land Trust added summer trails in 2012. Human recreation on the BH property increased dramatically from 2012-2015. 5.0 LAND MANAGEMENT OBJECTIVES 5.1 Water 1. Improve streambank stability. 2. Maintain or improve functioning condition of stream. 5.2 Vegetation 1. Suppress noxious weeds. 2. Maintain or enhance vigor and productivity of desirable vegetation. 3. Maintain or reduce the threat of wildfire. 5.3 Wildlife 1. Maintain or enhance wildlife habitat values. 5.4 Historical/Cultural 1. Maintain sewer and power transmission infrastructure. 2. Maintain winter and summer recreation trails. 3. Construct display panels/signs to inform recreational users. 4. Generate farming and cattle grazing lease income to BH. B.102024 Bozeman Health Subarea Plan 249 5 | Page 6.0 LAND MANAGEMENT ACTIONS 6.1 Cattle Grazing Management • Estimated livestock grazing capacity at a light-moderate grazing intensity is 90 AUMs (refer to Forage Availability and Use Chart; an AUM = Animal Unit Month, defined as the amount of forage required to support the equivalent of one 1,000-lb cow for one month). Cattle grazing at a light-moderate stocking rate during summer will enhance forage quality for wildlife, increase biological diversity, suppress Canada thistle, and reduce the threat of wildfire. • Grazing season will be July 15 to October 15. Delaying grazing until mid-July will: 1) allow riparian soils to be drier and less susceptible to trampling damage, and 2) limit plant regrowth after grazing, thereby providing more effective wildfire protection. This grazing season also coordinates well with the Kurk Ranch’s US Forest Service grazing permit that has the same grazing season, and this grazing season is coordinated with the Kurk Ranch’s brucellosis management plan that has been approved by the Montana Department of Livestock. Delaying cattle grazing until after the elk calving season (May to mid-June) decreases potential brucellosis transmission from elk to cattle. • Stocking rate will be one mature bull plus 12-20 cow/calf pairs (6-10 mature cows and 6-10 young cows; Total = 55 to 89 AUMs; refer to Livestock Inventory Chart). Calves will average about 4 months old when they enter the property. • Kurk Ranch will purposely select docile cattle to graze on the property. • Kurk Ranch will carry liability insurance coverage on their cattle that graze on the property. • Kurk Ranch will move salt/mineral supplemental feeding sites during the grazing season, as needed, to achieve proper grazing distribution. Beginning about 3 weeks before the end of the grazing season (i.e., beginning on or about Sept. 23), Kurk Ranch will begin feeding Bloat Guard blocks to prepare the cattle for exiting the property and transitioning to graze alfalfa aftermath. Feeding Bloat Guard blocks also will make the cattle easier to gather and transport at the end of the grazing season. • Kurk Ranch will place woody debris along streambanks at selected sites to mitigate previous trampling impacts and to prevent cattle from accessing these sites. Existing downed woody debris in the coulee will be used. In the event more woody debris is needed, hawthorn shrubs/trees ≤ 6-inch dbh (diameter at breast height) will be cut. Cutting hawthorns will reduce the abundance of this undesirable shrub and enhance the regeneration of desirable willows and cottonwoods. 6.2 Weed Control • Five noxious weed species will be suppressed: 1) common tansy, 2) Canada thistle, 3) hound’s tongue, 4) musk thistle, and 5) spotted knapweed. • Adapative, integrated weed management will be used, incorporating mowing, hand-pulling, targeted cattle grazing, biological control insects, herbicides, tillage, and other tools as needed. • The cropland lessee will be responsible for weed control on the cropland. B.11 2024 Bozeman Health Subarea Plan 250 6 | Page • Bozeman Health will provide funding to hire a licensed contractor who will be responsible for weed control within: 1) the cropland field buffer, and 2) the rangeland in Highland Glen Nature Preserve. Only the licensed contractor will be allowed to apply herbicide in these areas. • All herbicide applications will adhere to Gallatin County Weed District recommendations. • Herbicide applications will be limited to spot-spraying. Boom spraying will not be allowed. • The licensed contractor will post signs to inform the public whenever herbicide is being applied. In addition, the licensed contractor will inform Gallatin Valley Land Trust when herbicide application is planned to enable Gallatin Valley Land Trust to use its website and e-newsletter to inform the public of upcoming herbicide applications. • To limit weed spread from Highland Glen Nature Preserve into the adjacent cropland, the rotary mower used for ski trails will be cleaned of weed seeds each time before entering Section 17, and the ski trails in the crop field boundary will always be cut before cutting the trails within Highland Glen Nature Preserve. 6.3 Recreation Management • Motorized machinery is permitted for operational purposes for the farmer and rancher lessees. Motorized scooters for handicapped trail users are permitted; pedal-powered bicycles are also permitted. No other motorized recreation will be permitted. • Any trail changes or additions will be coordinated between BH and GVLT. • One display panel will be constructed at each trailhead to interpret the land’s ecology and history for recreational users. • Signs will be installed at all trailheads to inform recreational users that they are entering an area where cattle graze from July 15-October 15. Signs will educate people how grazing by cattle is being purposely applied to enhance wildlife habitat, enhance biological diversity, suppress Canada thistle, and suppress the threat of wildfire. Signs will also advise people to not approach the cattle or attempt to feed them, and remind pet owners to keep their pets under control and not allow them to chase or harass the cattle. • Signs will be installed at all trailheads entering the adjacent cropland fields to inform recreational users that they are entering an area where farming activities occur such as plowing, seeding, and harvesting. Signs will advise people to avoid the area during those few times a year when farming activities are in progress, and remind pet owners to keep their pets under control and safely away from farm machinery while it is operating. B.122024 Bozeman Health Subarea Plan 251 7 | Page 6.4 Ecological Monitoring • Dr. Jeff Mosley, Montana State University Extension Range Management Specialist, will inspect the ecological health of Highland Glen Nature Preserve two or three times annually and provide a brief annual report each year to BH, Vaughn Kraft, and Darrell Kurk. 6.5 Written Lease Agreements • The cattle grazing lessee (Darrell Kurk) and the farming lessee (Vaughn Kraft) each want to develop separate 5- to 10-year written leases with BH. Only verbal agreements currently exist. When drafted, leases will stipulate weed control objectives and responsibilities. • Darrell Kurk and Vaughn Kraft each want to continue their agricultural leases with BH for the foreseeable future. 7.0 FUTURE ISSUES The proposed urban development will eliminate the cropland and present several challenges to continued cattle grazing and recreational trail use. Identifying and anticipating these potential challenges now may help all concerned to address them more proactively as urban development approaches. It is anticipated that cattle grazing and recreation can continue to coexist when urban development begins and continue to coexist after urban development has been completed. 1. Sanitary sewer: The proposed development will require replacement of deficient sections of the existing sanitary sewer as well as installation of additional main lines (pages 2-13 and 5-3 BH Subarea Plan). 2. Storm water utilities: Storm water utilities, including additional catch basins, inlets and subsurface piping will deliver runoff to retention areas and ultimately to the watercourse in the bottom of the coulee. Storm water retention areas also will likely be constructed throughout the bottom of the coulee and existing wetlands may become larger (page 2-14, BH Subarea Plan). 3. Electric Power Transmission Line: The existing 50 KV electric power transmission line may be relocated and possibly buried (page 2-22 BH Subarea Plan), potentially impacting fences or creating a need to construct protection around electrical boxes to prevent disturbance by cattle. 4. Roads: a. Anticipated improvements/widening to Kagy Boulevard and Bozeman Trail Road (page 2-17 BH Subarea Plan) will likely alter existing fence locations. b. It is anticipated that only one roadway will cross the coulee and this will be a bridge (page 2-7 BH Subarea Plan) or pre-cast crossing over the drainage channel (page 2-10 BH Subarea Plan). The roadway crossing will include an elevated road surface to lessen detrimental impacts and allow free migration of animals and pedestrians under the road (page 2-11, BH Subarea Plan). A crossing that allows free migration of deer, elk or other wildlife should also allow free migration of livestock and perhaps horseback riders, too. c. Collector roads planned to connect Kagy Blvd to Highland Blvd and connect Haggerty Lane, across the coulee, to the Kagy/Highland Blvds collector (page 2-18 BH Subarea Plan) will impact fences. Cattle guards will need to be installed if cattle grazing is planned to continue after road construction. B.13 2024 Bozeman Health Subarea Plan 252 8 | Page Figure 1. BH property including current and future land uses. B.142024 Bozeman Health Subarea Plan 253 9 | Page Table 1. Common plant species present in Highland Glen Nature Preserve. Common Name Scientific Name Noxious Weeds Canada thistle Cirsium arvense Common tansy Tanacetum vulgare Hound’s tongue Cynoglossum officinale Musk thistle Carduus nutans Spotted knapweed Centaurea stoebe Grasses and Sedges Beaked sedge Carex rostrata Bluebunch wheatgrass Pseudoroegeneria spicata Creeping meadow foxtail Alopecurus arundinaceus Idaho fescue Festuca idahoensis Indian ricegrass Achnatherum hymenoides Kentucky bluegrass Poa pratensis Nebraska sedge Carex nebrascensis Orchardgrass Dactylis glomerata Plains reedgrass Calamagrostis montanensis Redtop Agrostis gigantean Rough fescue Festuca campestris Smooth brome Bromus inermis Timothy Phleum pretense Forbs American licorice Glycyrrhiza lepidota Arrowleaf balsamroot Balsamorhiza sagittata Aster Aster spp. Camas Camassia sp. Canada goldenrod Solidago Canadensis Common cattail Typha latifolia Cudweed sagewort Artemisia ludoviciana Dotted blazing star Liatris punctata Northern bedstraw Galium boreale Old man’s whiskers Geum triflorum Silky lupine Lupinus sericeus Slender cinquefoil Potentilla gracilis Sticky purple geranium Geranium viscosissimum Wavyleaf thistle Cirsium undulatum Western yarrow Achillea millefolium Whitepoint locoweed Oxytropis sericea Yellow salsify Tragopogon dubius Shrubs/Trees Black cottonwood Populus trichocarpa Mountain big sagebrush Artemisia tridentata spp. vaseyana Quaking aspen Populus tremuloides Red-osier dogwood Cornus stolonifera Rocky Mountain juniper Juniperus scopulorum Succulent hawthorn Crataegus succulent Western snowberry Symphoricarpos occidentalis Willow Salix spp. Wood’s rose Rosa woodsii B.15 2024 Bozeman Health Subarea Plan 254 10 | Page Highland Glen Nature Preserve Livestock Inventory Livestock Count/Forage Demand Kind/Class of Livestock Animal Unit Value # Month AUs J F M A M J J A S O N D Mature cows (non- lactating) 0.9 # AUs Mature cows (lactating) 1.2 # 5.0 10.0 10.0 5.0 AUs 6.0 12.0 12.0 6.0 Young cows (lactating) 1 # 5.0 10.0 10.0 5.0 AUs 5.0 10.0 10.0 5.0 Replacement bred heifers (18-24 months) 0.8 # AUs Replacement yearling heifers (12-17 months) 0.7 # AUs Replacement heifer calves (6-12 months) 0.5 # AUs Calves (4 months through weaning) 0.3 # 10.0 20.0 20.0 10.0 AUs 3.0 6.0 6.0 3.0 Weaned steer/heifer calves (6-12 months) 0.5 # AUs Yearling steers/heifers (12- 17months) 0.7 # AUs Young bulls (12-24 months) 1.2 # AUs Mature bulls (2-5 years) 1.5 # 0.5 1.0 1.0 0.5 AUs 0.8 1.5 1.5 0.8 Horses 1.2 # AUs Mature ewes (non- lactating, 150 lbs.) 0.18 # AUs Mature ewes (lactating, 150 lbs.) 0.2 # AUs Lambs (2 months to weaning) 0.06 # AUs Lambs (weaned to yearling) 0.12 # AUs Yearling lambs 0.15 # AUs Rams 0.25 # AUs Mature goats 0.15 # AUs Yearling goats 0.1 # AUs Total # 0.0 0.0 0.0 0.0 0.0 0.0 20.5 41.0 41.0 20.5 0.0 0.0 AUs 0.0 0.0 0.0 0.0 0.0 0.0 14.8 29.5 29.5 14.8 0.0 0.0 B.162024 Bozeman Health Subarea Plan 255 11 | Page Forage Availability and Use Chart Soil Mapping Unit Acres Acre/ AUM AUMs Month J F M A M J J A S O N D Anceny Cobbly Loam, 15-60% slopes 26.1 2.3 11.3 1.8 3.8 3.8 1.9 Blackmore Silt Loam, 4-8 % slopes 14.3 1.3 11.0 1.8 3.7 3.7 1.8 Blackmore Silt Loam, 8-15% slopes 37.6 1.3 28.9 4.9 9.6 9.6 4.8 Enbar-Nythar Loams, 0-4% slopes 37.1 1.0 37.1 6.1 12.4 12.4 6.2 Enbar-Nythar Loams, cool, 0-4% slopes 0.2 0.8 0.2 0.0 0.1 0.1 0.0 Meagher-Shawmut-Bowery Complex, 15-45% slopes 4.0 2.0 2.0 0.3 0.7 0.7 0.3 Total 119.3 90.5 Total Forage AUMs Available 90.5 14.9 30.3 30.3 15.0 Total AUMs Required 88.6 14.8 29.5 29.5 14.8 Total AUMs Excess/Deficiency 1.9 0.1 0.8 0.8 0.2 B.17 2024 Bozeman Health Subarea Plan 256 This Page Intentionally Left Blank B.182024 Bozeman Health Subarea Plan 257 CAPPENDIX C: Community Plan Amendment 258 C.2259 The purpose of this appendix is to document how the Bozeman Health Subarea Plan meets the amendment criteria established in Chapter 5 of the 2020 Bozeman Community Plan. More specifically, this appendix establishes how the Subarea Plan will follow the prescribed amendment process, who is initiating the process, and conformance with the amendment criteria. Amendment Process The Bozeman Community Plan was formed on the basis of significant community outreach efforts and the input of many persons and groups. Alterations, whether the result of a review as triggered above or another reason, to the growth policy must provide a significant opportunity for public participation and understanding of the proposed changes. Amendments to the growth policy must meet the same statutory standards as the original adoption. Therefore, prior to the adoption of any amendment to the Plan, a public process must be provided. A fundamental requirement for public participation is time for individuals to become aware of proposed amendments and to study the proposed changes. A minimum active public review period of three months is to be expected. RESPONSE: A variety of community outreach efforts were executed throughout the 18-month Subarea planning process that gave ample opportunities for community members to become aware of the Subarea Plan and provide feedback. These engagement strategies included eleven specific neighborhood and organization focus group meetings, four public open houses at the Bozeman Health campus, a project website documenting the plan development process, two public feedback surveys via the open houses and project website, and a 60- day public review and comment period of the draft plan. The website documented 2,481 total visits, 1,658 total unique users, 171 completed surveys, and 435 downloaded plan documents. This Plan has been prepared to balance a wide variety of interests. Changes to the Plan must continue the balance of needs and interests. RESPONSE: Like the 2020 Bozeman Community Plan, the Subarea Plan balances a variety of interests. The plan addresses the needs of Bozeman Health, the surrounding neighborhoods, and the larger Bozeman community as they each experience their own growth and evolution. This Plan has been prepared to be internally consistent. Internal consistency meets one of the fundamental purposes of community planning— coordination between government programs and policies. All amendments must be carefully evaluated to ensure that changes do not create conflicts between goals, maps, or implementation tools. If a proposed amendment would cause conflicts within the Plan, additional amendments must be identified and reviewed so that conflicts are resolved. RESPONSE: The Subarea Plan is structured around six themes that were directly adapted from six of the seven themes of the 2020 Bozeman Community Plan (see the table below). Thus, the Subarea Plan is structurally consistent with the Bozeman Community Plan. Moreover, the Subarea Plan aligns with the key elements of the Community Plan by advancing the goals and objectives to support the overall vision of the Community Plan. The Subarea Plan does propose changes to the current City of Bozeman Future Land Use Map. These revisions will be requested with a formal Growth Policy Amendment application to ensure that there are no conflicts between the Future Land Use Map of the Bozeman Community Plan and the Subarea Plan amendment. Bozeman Community Plan Themes Bozeman Health Subarea Plan Themes A Resilient City A Resilient District A City of Unique Neighborhoods A Unique District C.3 2024 Bozeman Health Subarea Plan 260 A City Bolstered by Downtown and Complementary Districts A Complementary District A City Influenced by Our Natural Environment, Parks, and Open Lands A District Influenced by Natural Environment, Parks, and Open Lands A City that Prioritizes Accessibility and Mobility A District Prioritizing Accessibility and Mobility A City Powered by its creative, innovative, and Entrepreneurial Economy A District Powered by an Innovative and Entrepreneurial Economy A City Engaged in Regional Coordination *Not Applicable* Who May Initiate Amendments 1. City Commission; independently or at the suggestion of the Planning Board or the City Staff; 2. One or more landowner of property that are the subject of the amendment to the future land use map; and 3. Interested members of the public may suggest modifications to the text. Any proposed changes to either the text or maps contained in this Plan must comply with all of the criteria described below. The burden of proof for the desirability of a proposed amendment and its compliance with the criteria lies with the applicant. Unless all criteria are successfully met by demonstrable facts, an amendment may not be approved. RESPONSE: In 2021, the City of Bozeman Planning Board asked Bozeman Health to update the 2005 Bozeman Deaconess Health Services (BDHS) Subarea Plan. The Planning Board's written request clearly articulated “that the BDHS Subarea Plan no longer reflects current community planning goals and policies.” The Planning Board letter concluded that “given the potential to create significant development on hospital property, the Planning Board supports the creation of a new Subarea Plan to accurately reflect current community goals.” The land addressed in the Subarea Plan is entirely under the ownership of Bozeman Health within the limits of the City of Bozeman. Per Option 2 above, the Subarea Plan initiates a Growth Policy Amendment in the form of a Future Land Use Map revision. Compliance with the applicable amendment criteria is articulated below. Amendment Criteria When an amendment to either the text of the Plan or the future land use map is requested it must be reviewed against the following criteria: 1. The proposed amendment must cure a deficiency in the growth policy or improve the growth policy to better respond to the needs of the general community RESPONSE: The Bozeman Health Subarea Plan primarily addresses the 400-acres of undeveloped land within the City of Bozeman city limits east of Highland Boulevard. The land’s substantial size, lack of development, adjacency to the expanding Bozeman Health Deaconess Regional Medical Center, proximity to Downtown Bozeman, position inside Bozeman city limits, and inclusion of the highly valued Highland Glen, sets it apart from other properties in the City of Bozeman. Thus, the unique physical context of this site warrants a more specific development framework than what is provided in the 2020 Bozeman Community Plan to ensure that the priorities of the Deaconess Regional Medical Center and the surrounding neighborhoods are addressed, and the preservation of Highland Glen is secured. Additionally, the Subarea Plan replaces an outdated plan approved in 2006. As identified in the letter from the Planning Board, that the 2006 plan is inconsistent with the current growth policy. Providing an updated plan cures this deficiency. C.42024 Bozeman Health Subarea Plan 261 2. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the maps or between different goals and objectives RESPONSE: The six themes that structure this plan are directly adapted from the themes of the 2020 Bozeman Community Plan. Therefore, there will be no inconsistencies with Bozeman’s land use plan. Along with this Subarea Plan, a Future Land Use Map amendment will be submitted to the City to designate Highland Glen as Parks and Open Lands, for the reasons detailed within this Subarea Plan. This will ensure that there are no map inconsistencies in the growth policy. 3. The proposed amendment must be consistent with the overall intent of the growth policy RESPONSE: The intent of the 2020 Bozeman Community Plan is to provide a thorough guide for thoughtful growth and development for the City of Bozeman and the area within Bozeman’s growth policy boundary to help achieve the ultimate goal of a ‘Well-Planned City.’ The Subarea Plan carries forward the themes of the Community Plan and crafted to expressly address the specific opportunities, needs, and context of the Bozeman Health property. 4. The proposed amendment must not adversely affect the community as a whole or any significant portion thereof by: • Significantly altering land use patterns and principles in a manner contrary to those established by this Plan RESPONSE: The only alteration to land use patterns that are established in the 2020 Bozeman Community Plan is the Future Land Use designation for Highland Glen. This Subarea Plan amendment seeks to designate Highland Glen as Parks and Open Lands, as it is currently designated primarily as Urban Neighborhood. This land use change will prevent Highland Glen from being developed and secure it as a public open space asset, greatly benefitting the entire community of Bozeman. • Requiring unmitigated improvements to streets, water, sewer, or other public facilities or services, thereby impacting development of other lands RESPONSE: The Subarea Plan proposes conceptual public improvements in the form of an active transportation network of shared use paths and a series of linear parks. All these improvements are proposed within Bozeman Health property and will not adversely impact adjacent lands. • Adversely impacting existing uses because of inadequately mitigated impacts on facilities or services REPONSE: This plan remains consistent with the 2020 Bozeman Community Plan’s requirement that any potential proposal for development must meet or exceed City development and building regulations. This means that facilities and services will be improved to meet the demands of both the existing and new development at the time of construction. • Negatively affecting the health and safety of the residents RESPONSE: Nothing proposed in the Subarea Plan inherently jeopardizes public health and safety. Any future development on the land addressed in this plan will be held to City of Bozeman development regulations concerning the preservation of public health and safety. The Subarea Plan’s emphasis on active transportation and public access to Highland Glen for recreation purposes should improve public health and safety. C.5 2024 Bozeman Health Subarea Plan 262 This Page Intentionally Left Blank C.62024 Bozeman Health Subarea Plan 263 DAPPENDIX D: Montana Land Use Planning Act 264 D.2265 Senate Bill 382 was passed in the 2023 Legislative Session and signed into law as the Montana Land Use Planning Act. The intention of the Act is to coordinate planning and development review processes. The Act places a greater emphasis on the public engagement during the community planning process and creation of land use regulations. Correspondingly, the Act restricts the public noticing and engagement requirements on individual development projects that conform to adopted land use plans and regulations. Notedly, the 2023 Montana Land Use Planning Act establishes that a community plan or growth policy will now be referred to as a Land Use Plan. The Act outlines the criteria for the adoption or amendment of a community’s land use plan and future land use map in sections 7 through 17 of the statute. The purpose of this appendix is to document how the Bozeman Health Subarea Plan, as an amendment to the 2020 Bozeman Community Plan, complies with the Montana Land Use Planning Act. As it relates to most of sections 7 through 17, the Subarea Plan incorporates by reference the substance of the Community Plan. More specifically, the Subarea Plan incorporates by reference the following components of the Community Plan: • Appendix B: Infrastructure and Special Topic Plans • Appendix C: Inventory Report—History and Current Conditions • Appendix D: Projections Report—Trends • Appendix E: Infrastructure Plan • Appendix F: Glossary Montana Land Use Planning Act (MLUPA) Conformance Section 7: Adoption or amendment of land use plan and future land use map. (1) The local governing body shall adopt or amend by resolution a land use plan and future land use map in accordance with [sections 7 through 17] only after consideration by and on the recommendation of the planning commission. (2) Prior to making a recommendation to the governing body to adopt or amend a land use plan and future land use map, the planning commission shall: (a) provide public notice and participation in accordance with [section 6]; and (b) accept, consider, and respond to public comment on the proposed land use plan and future land use map. All public comment must be part of the administrative record transmitted to the governing body. (3) After meeting the requirements of subsection (2), the planning commission shall make a final recommendation to the governing body to adopt, modify, or reject the proposed land use plan and future land use map or any amendment to the proposed land use plan and future land use map. (4) The governing body shall incorporate any existing neighborhood, area, or plans adopted pursuant to Title 76, chapter 1, that meet the requirements of [sections 1 through 38] into the land use plan and future land use map. (5) (a) The governing body shall consider the recommendation of the planning commission to adopt, modify, or reject the proposed land use plan and future land use map or any amendment to the proposed land use plan and future land use map. (b) After providing public notice and participation in accordance with [section 6], the governing body may adopt, with any revisions the local governing body considers appropriate, or reject the land use plan and future land use map or any amendment to the proposed land use plan and future land use map proposed by the planning commission. (6) An amendment to a land use plan or future land use map may be initiated: (a) by majority vote of the governing body; (b) on petition of at least 15% of the electors of the local government jurisdiction to which the D.3 2024 Bozeman Health Subarea Plan 266 plan applies, as registered at the last general election; or (c) by a property owner applying for a zoning, subdivision, or other land use permit. (7) (a) After the initiation of an amendment to a land use plan or future land use map allowed in subsection (6), the planning commission shall make a preliminary determination of whether the proposed land use plan or future land use map amendment results in new or increased impacts to or from local facilities, services, natural resources, natural environment, or natural hazards from those previously described and analyzed in the assessment conducted in the development of the land use plan. (b) If the planning commission finds new or increased impacts from the proposed land use plan or future land use map amendment, the local government shall collect additional data and conduct additional analysis necessary to provide the planning commission with the opportunity to consider all potential impacts resulting from the amendment before proceeding under subsection (2). (8) The governing body may not amend the land use plan or future land use map unless: (a) the amendment is found in substantial compliance with the land use plan; and (b) the potential impacts resulting from development in substantial compliance with the proposed amendment have been made available for public review and comment and have been fully considered by the governing body. REPONSE: The City of Bozeman and its planning commission will follow the statutory amendment adoption requirements set forth in Section 7, subsections 1 through 7. The Bozeman Health Subarea Plan, an amendment to the Bozeman community Plan 2020, will be initiated with a City of Bozeman Growth Policy Amendment application submitted by the property owner, meeting the criteria of Section 7.6.c. The six themes that make up the Bozeman Health Subarea Plan are directly adapted from the themes of the Bozeman Community Plan 2020, ensuring that the amendment is in substantial compliance with Bozeman’s land use plan. Adequate time for public review of the amendment will be provided and the City of Bozeman will follow statutory requirements regarding a complete review of the amendment before adoption. Section 8: Update of land use plan or future land use map. (1) After a local government adopts a land use plan and future land use map in accordance with [section 7], the land use plan and future land use map must be reviewed by the planning commission every fifth year after adoption to determine whether an update to the land use plan and future land use map must be performed. The planning commission shall: (a) make a preliminary determination regarding the existence of new or increased impacts to or from local facilities, services, natural resources, natural environment, or natural hazards from those previously described and analyzed when the land use plan and future land use map were previously adopted; (b) provide public notice and participation in accordance with [section 6]; and (c) accept, consider, and respond to public comment on the review of the land use plan and future land use map. All public comment must be part of the administrative record transmitted to the governing body. (2) (a) If the planning commission finds new or increased impacts under subsection (1), the planning commission shall recommend an update to the land use plan, future land use map, or both. (b) If the planning commission finds no new or increased impacts under subsection (1), the planning commission shall make a recommendation to the governing body that no update to the land use plan or future land use map is necessary. D.42024 Bozeman Health Subarea Plan 267 (3) After receiving the recommendation of the planning commission, the governing body may direct that an update of the land use plan, future land use map, or both be completed or may readopt the current land use plan, future land use map, or both. (4) (a) In developing, drafting, and considering an update to the land use plan or future land use map, the planning commission shall follow the process set forth in [section 7] with respect to the changes proposed to the land use plan or future land use map. (b) If the planning commission finds new or increased impacts resulting from the land use plan or future land use map, the local government shall collect additional data and conduct additional analysis necessary to provide the governing body and the public with the opportunity to comment on and consider all potential impacts resulting from an update to the land use plan or future land use map.(5) At any time before an update is required after a review under subsection (1), the local governing body may direct that an update to the land use plan or future land use map be prepared for consideration by the planning commission and for recommendation to the governing body. (6) Once an update to the land use plan or future land use map is adopted or the land use plan or future land use map is readopted, the information and analysis contained within the land use plan and future land use map must be considered accurate for the purposes of making site-specific development decisions in substantial compliance with the land use plan and future land use map. REPONSE: The City of Bozeman and its planning commission will follow the statutory Land Use Plan and Land Use Map update requirements set forth in Section 8, subsections 1 through 6. The Subarea Plan amendment will be reviewed in conjunction with the overall 5-year review cycle of the Bozeman Community Plan 2020. Section 9: Existing conditions and population projections. (1) The land use plan must include, at a minimum, inventories and descriptions of existing conditions of housing, local services and facilities, economic development, natural resources, environment, and hazards, and land use within the jurisdictional boundaries of the land use plan. (2) As set forth in [sections 10 through 17], the land use plan must include, at minimum, a description, map, and analysis of how the jurisdiction will accommodate its projected population over the next 20 years and the expected impacts of the development in the areas of housing, local services and facilities, economic development, natural resources, environment, and hazards. (3) The inventories and descriptions in the plan must be based on up-to-date surveys, maps, diagrams, charts, descriptive material, studies, and reports necessary to explain and supplement the analysis of each section of the land use plan. (4) (a) A jurisdiction shall use demographics provided by: (i) the most recent decennial census or census estimate of the United States census bureau; and (ii) population projections for a 20-year period based on permanent and seasonal population estimates: (A) provided by demographics published by the department of commerce; (B) generated by the local government; or (C) produced by a professional firm specializing in projections. (b) When a population projection is not available, population projections for the jurisdiction must be reflective of the area’s proportional share of the total county population and the total county population growth. REPONSE: The Bozeman Health Subarea Plan incorporates by reference the existing conditions, demographic information, and impacts of growth contained within the Bozeman Community Plan 2020. In Chapter D.5 2024 Bozeman Health Subarea Plan 268 1 and Appendix A and B, the Subarea Plan includes the particularly relevant existing conditions of the Bozeman Health property to provide a specific foundational context for the plan. Current land use, zoning, and public infrastructure information was incorporated from City of Bozeman 2023 GIS data. Details of the existing natural environment and resources specified in the Subarea Plan were derived from the 2015-2023 Highland Glen Nature Preserve Land Management Plan, field observations, data from community partners including Bridger Ski Foundation and Gallatin Valley Land Trust, and City of Bozeman 2023 GIS data. Section 10: Housing.(1) A local governing body shall identify and analyze existing and projected housing needs for the projected population of the jurisdiction and provide regulations that allow for the rehabilitation, improvement, or development of the number of housing units needed, as identified in the land use plan and future land use map, including: (a) a quantification of the jurisdiction’s existing and projected needed housing types, including location, age, condition, and occupancy required to accommodate existing and estimated population projections; (b) an inventory of sites, including zoned, unzoned, vacant, underutilized, and potential redevelopment sites, available to meet the jurisdiction's needed housing types; (c) an analysis of any constraints to housing development, such as zoning, development standards, and infrastructure needs and capacity, and the identification of market- based incentives that may affect or encourage the development of needed housing types; and (d) a detailed description of what actions the jurisdiction may take to accommodate the projected needed housing types identified in subsection (1)(a). (2) The housing section of the land use plan and future land use map may incorporate by reference any information or policies identified in other housing needs assessments adopted by the governing body. (3) If, after performing the analysis required in subsection (1), the local government determines that the total needed housing types may not be met due to lack of resources, development sites, infrastructure capacity, or other documented constraints, the local government shall establish the minimum number of housing units that may be rehabilitated, improved, or developed within the jurisdiction over the 20-year planning period and the actions the local government may take to remove constraints to the development of those units over that period. (4) Progress toward the construction of the housing units identified as needed to meet projected housing needs during the 20-year planning period of the land use plan must be documented at each fifth year review of the land use plan as required in [section 8]. (5) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body. REPONSE: The City of Bozeman will follow the statutory housing assessment and regulation creation requirements set forth in Section 10, subsections 1 through 5. A housing analysis, the Community Housing Needs Assessment, was completed by the City of Bozeman as an “issue plan,” serving as a supplemental document to the Bozeman Community Plan 2020. The Bozeman Health Subarea Plan incorporates by reference the completed housing analysis included in the Bozeman Community Plan 2020 and the Community Housing Needs Assessment issue plan. The Subarea Plan proposes to maintain the extent of housing uses and overall residential densities prescribed by the Community Plan and Future Land Use Map. The Subarea Plan supports and advances the Community Plan Theme 2: A city of unique neighborhoods by promoting “well planned, walkable neighborhoods” and “a diverse supply of quality housing units.” In addition, the Subarea Plan will guide development that will help meet the City of Bozeman’s projected housing demand over the next 20 years. D.62024 Bozeman Health Subarea Plan 269 Section 11: Local services and facilities. (1) The land use plan must: (a) determine the existing and anticipated levels of public safety and emergency services necessary to serve the projected population of the jurisdiction, including law enforcement, fire protection, emergency management system agencies, and local health care organizations; (b) contain an inventory and map of existing fire protection, law enforcement, and emergency service jurisdictional areas and anticipated response times, a description of mutual aid or cooperative service agreements, and the location of hospitals or clinics in the jurisdiction; (c) identify capital and service improvements for fire, law enforcement, emergency services, and health services for the jurisdictional area necessary to meet the projected population; (d) determine the existing capacity, existing deficiencies, planned expansion, and anticipated levels of utility services necessary to serve the projected population in the jurisdiction, including water, wastewater, and storm water systems, solid waste disposal, and other utility services, as identified by the local government; (e) contain an inventory and map of all utility service areas, system networks, and facilities; (f) identify local utility capital and service improvements for the jurisdictional area necessary to meet the projected population; (g) determine the existing capacity, existing deficiencies, planned expansion, and anticipated improvements to the transportation network serving the jurisdictional area necessary to serve the projected population in the jurisdiction; (h) contain an inventory and classification map of all existing and planned roads within the jurisdictional area, including major highways, secondary highways, and local routes, all non- motorized routes, including bike lanes and pedestrian thoroughfares, and all public transit systems and facilities; and (i) identify planned capital and service transportation improvements necessary to serve the projected population. (2) The local government shall: (a) coordinate with school districts within the jurisdiction to determine the existing capacity of, planned expansion of, and anticipated improvements necessary for the local K-12 school system to serve the projected population in the jurisdiction; and (b) request that the local school district provide any inventory and maps of existing K-12 educational facilities within the jurisdictional area and identify any capital and service improvements necessary to meet the projected population. (3) The local government may include an analysis of existing capacity and service levels, planned expansions of, and anticipated improvements necessary to provide other services to the projected population in the jurisdiction. (4) The local government may incorporate by reference any information or policies identified in other relevant local services or facilities assessments adopted by the local governing body, such as a capital improvements plan or an impact fee study. (5) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body. REPONSE: The Bozeman Health Subarea Plan incorporates by reference the local services and facilities analysis of the Bozeman Community Plan 2020. Beyond recognizing the intended future land uses, the Subarea Plan does not project more detailed development patterns or estimate potential densities and services. Specific development scenarios and service demands will be determined in the future by others following the City’s land planning processes and development regulations. Therefore, the Subarea Plan does not explicitly address subsections 11.1.a – 11.1.d or 11.1.f. In Appendix A on page A.8, the Subarea Plan includes an inventory map of existing utilities that is prescribed by subsection 11.1.e. Per subsections 11.1.g and 11.1.i, the Subarea Plan identifies a robust active transportation system and neighborhood street network within D.7 2024 Bozeman Health Subarea Plan 270 its development framework to prioritize the establishment of multimodal connectivity with the creation of future neighborhoods. These proposed networks can be seen in Chapter 3 on pages 32-3 and in Chapter 4 on pages 43-46. In Chapter 3 and Appendix A and B, per subsection 11.1.h, the Subarea Plan includes inventory maps of existing roads by classification (page A.7), the existing bike and pedestrian network (pages B.4-B.6), and planned roads and bike and pedestrian facilities (pages 33-34). The incorporation of future public transit facilities is discussed in Chapter 4 on page 45. Therefore, the Subarea Plan supports the Community Plan Theme 5: A city that prioritizes accessibility and mobility choices by “ensuring multimodal accessibility and safety.” Despite the division of the entire property east of Highland Boulevard by the preservation of Highland Glen, the future transportation, utility, and emergency response service demands will be met by ensuring that the proposed local street network connects efficiently to existing adjacent arterial and collector streets. Section 12: Economic development. (1) The land use plan must: (a) assess existing and potential commercial, industrial, small business, and institutional enterprises in the jurisdiction, including the types of sites and supporting services needed by the enterprises; (b) summarize job composition and trends by industry sector, including existing labor force characteristics and future labor force requirements, for existing and potential enterprises in the jurisdiction; (c) assess the extent to which local characteristics, assets, and resources support or constrain existing and potential enterprises, including access to transportation to market goods and services, and assess historic, cultural, and scenic resources and their relationship to private sector success in the jurisdiction; (d) inventory sites within the jurisdiction, including zoned, unzoned, vacant, underutilized, and potentially redeveloped sites, available to meet the jurisdiction’s economic development needs; (e) assess the adequacy of existing and projected local facilities and services, schools, housing stock, and other land uses necessary to support existing and potential commercial, industrial, and institutional enterprises; and (f) assess the financial feasibility of supporting anticipated economic growth in the jurisdiction. (2) The local government may incorporate by reference any information or policies identified in other relevant economic development assessments. (3) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body. REPONSE: The Bozeman Health Subarea Plan supports the economic development priorities established in the Bozeman Community Plan 2020 and aligns with the Community Plan Theme 6: A city powered by its creative, innovative, and entrepreneurial economy (see Chapter 4). The Subarea Plan proposes a minor reduction in Community Commercial Mixed Use land use adjacent to Highland Boulevard (see table below in Section 14). Nonetheless, the Subarea Plan provides for expansion of a regional jobs and service base by envisioning new medical and commercial development necessary to support Bozeman Health’s continued growth as a regional medical center. As such, the Subarea Plan projects that the current and potential future development on and around the Bozeman Health Deaconess Regional Medical Center will become a distinct but complimentary mixed-use district. The envisioned Bozeman Health District supports and advances the Community Plan Theme 3: A city bolstered by Downtown and complimentary districts. D.82024 Bozeman Health Subarea Plan 271 Section 13: Natural resources, environment, and hazards. (1) The land use plan must: (a) include inventories and maps of natural resources within the jurisdiction, including but not limited to agricultural lands, agricultural water user facilities, minerals, sand and gravel resources, forestry lands, and other natural resources identified by the local government; (b) describe the natural resource characteristics of the jurisdictional area, including a summary of historical natural resource utilization, data on existing utilization, and projected future trends; (c) include an inventory, maps, and description of the natural environment of the jurisdictional area, including a summary of important natural features and the conditions of and real and potential threats to soils, geology, topography, vegetation, surface water, groundwater, aquifers, floodplains, scenic resources, wildlife, wildlife habitat, wildlife corridors, and wildlife nesting sites within the jurisdiction; and (d) include maps of, identify factors related to, and describe natural hazards within the jurisdictional area, including flooding, fire, earthquakes, steep slopes and other known geologic hazards and other natural hazards identified by the jurisdiction, with a summary of past significant events resulting from natural hazards that includes: (i) a description of land use constraints resulting from natural hazards; (ii) a description of the efforts that have been taken within the local jurisdiction to mitigate the impact of natural hazards; and (iii) a description of the role that natural resources and the environment play in the local economy. (2) The local government may incorporate by reference any information or policies identified in other relevant assessments of natural resources, environment, or hazards. (3) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body. REPONSE: The Bozeman Health Subarea Plan incorporates by reference the natural resources, environment, and hazards inventories and assessments of the Bozeman Community Plan 2020. Appendix B of the Bozeman Health Subarea Plan provides summaries of the specific physical environmental conditions of the subject property and includes the 2015-2023 Highland Glen Nature Preserve Land Management Plan. The Land Management Plan describes the natural characteristics of Highland Glen in detail and states how Bozeman Health plans to manage the land and resources of Highland Glen into the future. By designating Highland Glen as parks and open lands and solidifying public access to the area, the Subarea Plan supports the Land Management Plan’s goals “to sustain the land’s ecological health and ecosystem services” and to “provide year-round public recreational opportunities.” Section 14: Land use and future land use map. (1) A land use plan must include a future land use map and a written description of the proposed general distribution, location, and extent of residential, commercial, mixed, industrial, agricultural, recreational, and conservation uses of land and other categories of public and private uses, as determined by the local government. (2) The future land use map must reflect the anticipated and preferred pattern and intensities of development for the jurisdiction over the next 20 years, based on the information, analysis, and public input collected, considered, and relevant to the population projections for and economic development of the jurisdiction and the housing and local services needed to accommodate those projections, while acknowledging and addressing the natural resource, environment, and natural hazards of the jurisdiction. (3) The future land use map may not confer any authority to regulate what is not otherwise specifically authorized in [sections 1 through 38]. (4) The future land use map and the written description must include: D.9 2024 Bozeman Health Subarea Plan 272 (a) a statement of intent describing the jurisdiction’s applicable zoning, subdivision, and other land use regulations; (b) descriptions of existing and future land uses, including: (i) categories of public and private use; (ii) general descriptions of use types and densities of those uses; (iii) general descriptions of population; and (iv) other aspects of the built environment; (c) geographic distribution of future land uses in the jurisdiction, anticipated over a 20-year planning period that specifically demonstrate: (i) adequate land to support the projected population in all land use types in areas where local services can be adequately and cost-effectively provided for that population; (ii) adequate sites to accommodate the type and supply of housing needed for the projected population; and (iii) areas of the jurisdiction that are not generally suitable for development and the reason, based on the constraints identified through the land use plan analysis; (d) a statement acknowledging areas within the jurisdiction known to be subject to covenants, codes, and restrictions that may limit the type, density, or intensity of housing development projected in the future land use map; and (e) areas of or adjacent to the jurisdiction subject to increased growth pressures, higher development densities, or other urban development influences. (5) To the greatest extent possible, local governments shall create compatibility in the land use plans and future land use map in those areas identified in subsection (4)(e). (6) The land use plan may: (a) provide information required by a federal land management agency for the local governing body to establish or maintain coordination or cooperating agency status; and (b) incorporate by reference any information or policies identified in other relevant assessments adopted by the local governing body, such as a pre-disaster mitigation plan or wildfire protection plan. (7) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body. REPONSE: The Bozeman Health Subarea Plan incorporates by reference the land use designations and Future Land Use Map of the Bozeman Community Plan 2020. However, the Bozeman Health Subarea Plan does seek to make an alteration to the future land use designation for the land within Highland Glen by means of City of Bozeman Growth Policy Amendment application. The adoption of the amendment will change Highland Glen’s future land use designation from its current classifications as ‘Urban Neighborhood’ and ‘Community Commercial Mixed Use’ to ‘Parks and Open Lands’. This change would reduce the size of the Community Commercial Mixed Use and Residential Mixed Use designated areas directly east of Highland Boulevard (see the chart below for changes in acreage by future land use type). This land use designation change acknowledges that the best use for the land known as Highland Glen is Parks and Open Lands. Defining Highland Glen as Parks and Open Lands will establish the land as a publicly accessible recreation area, greatly benefitting the entire community of Bozeman. It is important to note that the recently developed Gallatin Valley Sensitive Lands Protection Plan identifies Highland Glen as significant land for ecological connectivity, wildlife habitat, biodiversity, and local water systems. Thus, the proposed future land use changes specifically support the Community Plan Theme 4: A city influenced by our natural environment, parks, and open lands by ensuring “that development is responsive to natural features”. D.102024 Bozeman Health Subarea Plan 273 Future Land Use Designation Current Future Land Use Acreage (East of Highland Blvd) Proposed Future Land Use Acreage (East of Highland Blvd) Urban Neighborhood 333 acres 215 acres Community Commercial Mixed Use 92 acres 64 acres Residential Mixed Use 31 acres 29 acres Parks and Open Lands 0 acres 146 acres Section 15: Area plans. (1) A local governing body may adopt area plans for a portion of the jurisdiction to provide a more localized analysis of all or any part of a land use plan. An area plan may include but is not limited to a neighborhood plan, a corridor plan, or a subarea plan. (2) The adoption, amendment, or update of an area plan must follow the same process as a land use plan provided for in [sections 7 through 17] and may be adopted as an amendment to the land use plan. (3) The area plan must be in substantial compliance with the land use plan. To the extent an area plan is inconsistent with the land use plan, the land use plan controls. REPONSE: The Bozeman Health Subarea Plan will serve as an area plan amendment to the Bozeman Community Plan 2020, replacing the 2005 Bozeman Deaconess Health Services Subarea Plan. The Subarea Plan provides a more localized analysis of existing conditions and an overall development framework for the 500-acre property owned by Bozeman Health adjacent to Highland Boulevard. The adoption of the Subarea Plan as an amendment to the Bozeman Community Plan 2020 will follow the statutory requirements set forth in Sections 7 through 17 of the Montana Land Use Planning Act. Descriptions of the area plan’s conformance to these sections is provided in this appendix. The Bozeman Health Subarea Plan is structured around six themes of the Community Plan which ensures that the amendment is in substantial compliance and thoroughly consistent with Bozeman’s land use plan. Bozeman Community Plan Themes Bozeman Health Subarea Plan Themes A Resilient City A Resilient District A City of Unique Neighborhoods A Unique District A City Bolstered by Downtown and Complementary Districts A Complementary District A City Influenced by Our Natural Environment, Parks, and Open Lands A District Influenced by Natural Environment, Parks, and Open Lands A City that Prioritizes Accessibility and Mobility A District Prioritizing Accessibility and Mobility A City Powered by its creative, innovative, and Entrepreneurial Economy A District Powered by an Innovative and Entrepreneurial Economy A City Engaged in Regional Coordination *Not Applicable* Section 16: Issue plans. (1) A local governing body may adopt issue plans for all or part of a jurisdiction that provide a more detailed or thorough analysis for any component of the land use plan. (2) The adoption, amendment, or update of an issue plan must follow the same process as a land use plan provided for in [sections 7 through 17]. (3) If an issue plan covers the jurisdictional area of the land use plan, the issue plan may serve as the detailed analysis required in the land use plan. REPONSE: The Bozeman Health Subarea Plan incorporates by reference the existing issue plans identified within the Bozeman Community Plan 2020. Similarly, future issue plans adopted D.11 2024 Bozeman Health Subarea Plan 274 by the City will apply to this Subarea Plan. Below is a table of the existing issue plans identified in the Community Plan noting whether the Subarea Plan is ‘Supportive’, ‘Neutral’, or ‘Conflicting.' Existing Issue Plans Subarea Plan Rela- tionship Reasoning Bozeman Creek Enhancement Plan (2012) Neutral -- Bozeman Creek Neighborhood Plan (2005) Neutral -- Cemetery Mas- ter Plan (2017)Neutral -- Climate Action Plan (2020)Supportive ͳ Strong emphasis on robust alter- native transporta - tion network ͳ Preservation of Highland Glen as open space ͳ Promotes com- pact infill develop - ment vs sprawl Community Housing Action Plan (2020) Supportive ͳ Supports mixed-density and workforce hous- ing development Community Transportation Safety Plan (2013) Supportive ͳ Strong emphasis on robust alter- native transporta - tion network Downtown Im- provement Plan (2019) Supportive ͳ Complimentary district that sup- ports the vibrancy of Downtown Downtown Strategic Parking Management Plan (2016) Neutral -- Drought Man- agement Plan (2017) Neutral -- Economic Devel- opment Strategy Update (2016) Supportive ͳ Promotes expan- sion of medical services and addi- tion of supporting businesses ͳ Will lead to job creation Fire and EMS Master Plan (2017) Neutral -- Gallatin County Hazard Mitiga - tion plan and Community Wildfire Protec - tion Plan (2019) Neutral -- Housing Needs Assessment (2019) Supportive ͳ Allows for and supports mixed-density and workforce hous- ing developments Integrated Wa- ter Resources Implementation Plan (2013) Neutral -- Integrated Wa- ter Resources Plan (2013) Neutral -- Midtown Action Plan (2017)Neutral -- Neighborhood Conservation Overlay District (2019) Neutral -- D.122024 Bozeman Health Subarea Plan 275 Parks, Recre- ation, & Active Transportation Plan (2023) Supportive ͳ Establishes High- land Glen as public open space with extensive trails ͳ Strong emphasis on robust alter- native transporta - tion network Stormwater Facilities Plan (2008) Neutral -- Stormwater Management Plan (2019) Supportive ͳ Designating 142- acre Highland Glen as Open Lands rather than Urban Neighbor - hood thus reduc- ing future imper- vious surfaces and runoff Transportation Master Plan (2017) Supportive ͳ Strong emphasis on robust alter- native transporta - tion network ͳ Establishes foun- dation for a con - nected local street network Triangle Com- munity Plan (2020) Neutral -- Urban Forestry Management Plan (2016) Supportive ͳ Preservation of Highland Glen as open space, keep- ing the existing tree canopy intact Wastewater Col- lection Facilities Plan Update (2015) Neutral -- Water Facility Plan Update (2017) Neutral -- Section 17: Implementation. (1) The land use plan and future land use map is not a regulatory document and must include an implementation section that: (a) establishes meaningful and predictable implementation measures for the use and development of land within the jurisdiction based on the contents of the land use plan and future land use map; (b) provides meaningful direction for the content of more detailed land use regulations and future land use maps; and (c) requires identification of those programs, activities, actions, or land use regulations that may be part of the overall strategy of the jurisdiction for implementing the land use plan. (2) The implementation section of the land use plan must include: (a) if the local jurisdiction does not have current zoning regulations, a schedule by which zoning regulations and a zoning map will be adopted in accordance with the deadlines set forth in [section 5]; (b) if the local jurisdiction has current zoning regulations, an analysis of whether any inconsistencies exist between current zoning regulations and the land use plan and future land use map, including a map of the inconsistencies. If inconsistencies exist, the local government shall identify: (i) specific implementation actions necessary to amend the zoning regulations and the zoning map to bring the zoning regulations and zoning map into substantial compliance with the land use plan and future land use map; (ii) a schedule for amending the zoning regulations and zoning map to be in substantial compliance with the land use plan and future land use map, in accordance with the deadlines set forth in [section 5]; (iii) a schedule for adopting a capital improvements program or for amending an existing capital improvements program to be in substantial compliance with the land use plan and future land use map; D.13 2024 Bozeman Health Subarea Plan 276 (iv) a schedule for expanding or replacing public facilities and the anticipated costs and revenue sources proposed to meet those costs, which must be reflected in a jurisdiction’s capital improvement program; (v) if applicable, a schedule for updating the plan for extension of services required in 7-2-4732 to be in substantial compliance with the land use plan; and (vi) a schedule for implementing any other specific actions necessary to achieve the components of the land use plan, including a timeframe or prioritization of each specific public action; and(c) procedures for monitoring and evaluating the local government’s progress toward meeting the implementation schedule. REPONSE: The Bozeman Health Subarea Plan incorporates by reference the overall implementation strategies contained within the Bozeman Community Plan 2020 related to zoning regulations, capital improvement planning, and facility upgrades. The Subarea Plan does propose implementation considerations including high level challenges, constraints, and opportunities in Chapter 5. D.142024 Bozeman Health Subarea Plan 277 EAPPENDIX E: Community Engagement 278 E.2279 Survey 1: Results The Subarea Plan's first survey was released in May, 2022 at the intial two public open houses and online on the project's website. The survey saught public feedback on the Subarea Plan's three land use objectives and six plan themes. Eighty-one surveys were completed during survey window. The survey results are detailed below. Q1. ↓ Highland Glen Bozeman Health envisions preserving and enhancing the natural environment, open space, trails, and heritage of Highland Glen. Do you conceptually support this objective? Q2. ↓ Bozeman Health envisions additional health care services; commercial services that support Bozeman Health and the surrounding neighborhoods; community and workforce housing. Do you conceptually support this objective? Q3. ↓ Bozeman Health envisions neighborhoods with a variety of housing types, shapes, sizes, and intensities. Do you conceptually support this objective? 80 (98.8%) 1 (1.2%) Yes No 56 (70.0%) 24 (30.0%) Yes No 43 (53.8%) 37 (46.3%) Yes No E.3 2024 Bozeman Health Subarea Plan 280 Q4. ↓ A Resilient District: Bozeman Health envisions a resilient district planned to be environmentally, economically, and culturally sustainable. Do you conceptually support this theme? Q5. ↓ A Unique District: Bozeman Health envisions a unique district of distinct, walkable neighborhoods including housing, basic services, and employment opportunities. Do you conceptually support this theme? Q6. ↓ A Complimentary District: Bozeman Health envisions a regional health services district with a diverse mix of medical, commercial, and residential uses. Do you conceptually support this theme? Q7. ↓ A District Influenced by Natural Environment/Parks/Open Lands: Bozeman Health envisions a district influenced by the natural environment and open lands anchored by Highland Glen. Do you conceptually support this theme? 70 (86.4%) 11 (13.6%) Yes No 64 (80.0%) 16 (20.0%) Yes No 47 (61.0%) 30 (39.0%) Yes No 78 (97.5%) 2 (2.5%) Yes No E.42024 Bozeman Health Subarea Plan 281 Q8. ↓ A District Prioritizing Accessibility and Mobility: Bozeman Health envisions a district prioritizing accessibility and mobility focused on active transportation encouraging bicyclists and pedestrians. Do you conceptually support this theme? Q9. ↓ A District Powered by an Innovative and Entrepreneurial Economy: Bozeman Health envisions a district powered by an innovative and entrepreneurial economy with expanded regional health care facilities and services. Do you conceptually support this theme? 46 (59.0%) 32 (41.0%) Yes No78 (96.3%) 3 (3.7%) Yes No E.5 2024 Bozeman Health Subarea Plan 282 This Page Intentionally Left Blank E.62024 Bozeman Health Subarea Plan 283 Survey 2: Results The Subarea Plan's second survey was released in October, 2022 at the second two public open houses and online on the project's website. The survey sought public feedback on the Subarea Plan's five framework elements. Ninety surveys were completed during survey window. The survey results are detailed below. Q1. ↓ FUTURE MEDICAL and COMMERCIAL SERVICES: Land west of and adjacent to Highland Boulevard reserved to accommodate future regional medical center growth. Primary Services—medical offices, wellness clinicsSecondary Services—hotel, restaurants, fitness facility. Do you conceptually support this element? Q2. ↓ HIGHLAND GLEN: Preserve and enhance Highland Glen as a protected open space with public access. Do you conceptually support this element? Q3. ↓ LINEAR PARKS: A series of linear parks lining the outer edges of Highland Glen will provide: Transitional buffer between development and Highland GlenPark; amenities for all ages (playgrounds, climbing boulders, benches, shade); incorporated shared use paths provide accessibility for all abilities. Do you conceptually support this element? 65 (73.0%) 24 (27.0%) Yes No 88 (97.8%) 2 (2.2%) Yes No 80 (89.9%) 9 (10.1%) Yes No E.7 2024 Bozeman Health Subarea Plan 284 Q4. ↓ ACTIVE TRANSPORTATION: A network of non-motorized shared use paths providing year-round pedestrian and bicyclist mobility including tunnels under Highland Boulevard. Do you conceptually support this element? Q5. ↓ COMMUNITY ACTIVITY NODES: Trailhead at southern end of Highland Glen (paved parking lot, year-round restrooms, picnic pavilion, bike repair station, winter warming hut); Homestead at northern end of Highland Glen (restored and activated as a heritage center, community event space, and/ or public garden); Commercial Node (a complimentary neighborhood commercial node adjacent to new Highland Glen Trailhead). Do you conceptually support this element? 81 (90.0%) 9 (10.0%) Yes No 53 (60.2%) 35 (39.8%) Yes No E.82024 Bozeman Health Subarea Plan 285 Draft Plan Public Comment Analysis Q1. What aspects of the Plan do you support? And why? Comments Summary: 1. Support for Plan Elements (19 responses): • Positive feedback on specific plan elements, including open space, shared-use paths, linear parks, pedestrian tunnels, and public transit access. 2. Preservation of Highland Glen, Open Space, and Recreation (16 responses): • Enthusiastic support for preserving Highland Glen and its natural environment. • Emphasis on the importance of green spaces, open lands, and recreational trails. • Appreciation for considerations of ecological effects and the commitment to maintaining the area for future generations. • Support for the overall plan's consideration of environmental and ecological impacts. 3. Community Health and Wellness (6 responses): • Support for public land use as a means of promoting community health and well-being. • Recognition of the partnerships with organizations like GVLT and BSF for the betterment of community health. • Positive feedback on the mental health benefits of open spaces. E.9 2024 Bozeman Health Subarea Plan 286 Q2. What aspects of the Plan do you think could be improved? And how?? Comments Summary: 1. Preservation of Open Space and Wildlife Corridors (13 Responses): • Strong emphasis on preserving the area as open space due to its significance as a natural and recreational space for the community. • Concerns about the impact of development on wildlife corridors and ecosystems. 2. Traffic Safety and Infrastructure (8 Responses): • Concerns about increased traffic and safety issues. • Suggestions to reconsider the location of certain elements to alleviate congestion. 3. Specific Future Development Concerns (7 responses): • Concerns that future land use designations could allow for high-density housing and commercial that would negatively impact adjacent neighborhoods. • Some concerns about inadequate parking and increased congestion. • Calls for the relocation of specific framework elements to more appropriate sites that are conducive to traffic management and safety. 4. Agricultural Heritage and Community Farming (5 Responses): • Suggestions to acknowledge and preserve the area's agricultural heritage. • Emphasis on community farming initiatives, like community gardens or larger-scale agricultural projects. 5. Sustainable Practices (5 Responses): • Recommendations for incorporating sustainable E.102024 Bozeman Health Subarea Plan 287 practices, including water conservation and renewable energy. • Calls for responsible and innovative approaches considering environmental impacts. 6. Affordability and Workforce Housing (4 Responses): • Expresses the need for workforce housing and potential traffic reduction benefits. • Emphasis on long-term affordability and integrating workforce housing into residential areas. 7. Long-Term Planning Considerations (2 responses): • Concerns about planning too far into the future and recommendations to limit the plan's scope. • Emphasis on considering other plans (Envision Gallatin Land Use, Housing Strategy, etc.) and avoiding premature approvals. Plan Update Recommendations Below are five revisions to the final Subarea Plan addressing the common themes that were submitted during the draft plan public comment period. The references include the specific locations (page and section) for each revision. The black text represents original document language while the blue text highlights the revisions added to the final plan. 1. Address workforce housing more clearly a. On page 37, update the “Complete Community” subsection to read: “Future residential neighborhoods would include a full spectrum of housing options ranging from single detached homes to a variety of apartments and workforce housing.” b. On page 47, update the “A Diverse Live-Work District” subsection to read: “The Bozeman Health district would not only be home to the Deaconess Regional Medical Center, other medical offices, and complimentary commercial businesses, but also to residents. A variety of housing options ranging from single detached homes to townhomes to apartments would provide opportunities for employees working in the district to also live there. Specifically, the Highland Agricultural Tract presents a prime location for the development of affordable workforce housing to support those who are employed by the Bozeman Health Deaconess Regional Medical Center. Thoughtfully developing medical, commercial, and residential projects within proximity to one another creates the perfect dynamic to pursue much needed affordable and workforce housing options.” 2. Address the land’s agricultural heritage by providing opportunity for future agriculture a. On page 57, add a paragraph at the end of the “Agriculture” subsection that reads: “Another possible opportunity to carry on the land's agricultural heritage is through the intentional development of "agrihoods." An agrihood is a primarily residential neighborhood designed to revolve around shared community agriculture that is inherently woven throughout the neighborhood. The local production of sustainable food by community members provides a community nexus both physically and socially; fostering a strong sense of relationship to the land, food, and one another. This agriculture-focused development model could be implemented in place of standard urban residential development on one of the existing agricultural tracts.” 3. Address calls for sustainable development opportunities a. On page 55, add a paragraph at the end of the “Public Utilities” subsection that reads: “These challenges could be mitigated by implementing sustainable water and energy systems at scale. Examples of this could be implementing wastewater recycling, renewable solar energy, or geothermal energy systems that would serve the entire neighborhood.” E.11 2024 Bozeman Health Subarea Plan 288 4. Add clear reference to the Gallatin Valley Sensitive Lands Protection Plan a. On page 58, add a paragraph at the end of the “Land Management” subsection the reads: “In addition, the Subarea Plan acknowledges the City-accepted 2023 Gallatin Valley Sensitive Lands Protection Plan. The Subarea Plan supports multiple themes identified by the Sensitive Lands Protection Plan including habitat preservation and maintaining historic agricultural uses. By preserving Highland Glen as a significant open space corridor and continuing agricultural partnerships on the land, the Subarea Plan conserves these important resources.” E.122024 Bozeman Health Subarea Plan 289 Figure 2. Proposed Future Land Use Map Highland BlvdKagy Blvd Bozeman Trail RdHa g g e r t y L n Ellis St 290 291 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:Ordinance 2173, Provisional Adoption, Establishing a Zoning Designation of B-2M, Community Commercial-Mixed District, on Property Located on the Southeast Corner of West Babcock and South 20th Street on 0.421 Acres, the 1920 West Babcock Zone Map Amendment, Application 24024 MEETING DATE:October 8, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally adopt Ordinance 2173. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The owner, Maloney Holdings, LLC, 101 South Main Street, Suite 301, Sioux Falls, SD 57104, submitted application to rezone a property totaling 0.249 acres, plus adjacent right-of-way, from R-O to B-2M. The property is currently vacant after the recent tear down of the previous building on the property. No future development plans were submitted with the application. However, the property owners previously submitted a concept review for a proposed 5-unit residential building (Concept 23-209). The property is not within the NCOD, a historic district, or a city recognized neighborhood. The underlying Future Land Use designation is Community Commercial Mixed-Use. Both the existing R-O and proposed B-2M zoning are implementing districts of the Community Commercial Mixed-Use classification. The properties directly to the south are in the Urban Neighborhood designation. On June 3, 2024, the Community Development Board held a hearing on the application and voted 7:0 to recommend approval to the City Commission. On The Commission voted (4:0) to approve Application 24024 on August 13, 2024, to change the zoning classification on 0.421 acres from R-O, Residential Office, to B-2M, Community Commercial-Mixed District subject to contingencies necessary for final adoption. 292 The property is addressed as 1920 West Babcock and generally located on the southeast corner of West Babcock and South 20th Street. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by the Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 24024 1920 West Babcock Ordinance 2173.pdf 001 - 01 1920 West Babcock Zone Map Amendment.pdf Report compiled on: September 26, 2024 293 Ord 2173 Page 1 of 5 ORDINANCE 2173 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP ON PROPERTY ADDRESSED AT 1920 WEST BABCOCK STREET FROM R-O, RESIDENTIAL OFFICE, TO B-2M, COMMUNITY COMMERCIAL-MIXED DISTRICT, ON 0.421 ACRES, KNOWN AS THE 1920 WEST BABCOCK ZONE MAP AMENDMENT, APPLICATION 24024. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to change the zoning classification of R-0 (Residential Office) to B-2M (Community Commercial-Mixed District) on 0.249 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on June 3, 2024, to receive and review all written and oral testimony on the request for a zone map amendment; and 294 Ordinance No. 2173, 1920 West Babcock Zone Map Amendment Page 2 of 5 WHEREAS, the Bozeman Zoning Commission recommended the Bozeman City Commission that application No. 24024 the 1920 West Babcock Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on August 13, 2024, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning. 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA. 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy. 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, has found that the required criteria are satisfied. 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision. 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the application. 295 Ordinance No. 2173, 1920 West Babcock Zone Map Amendment Page 3 of 5 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the 1920 West Babcock Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as B-2M, Community Commercial-Mixed District: An area of land comprised described as follows: A portion of land being Lot 10, Block 1 of the Kirk Subdivision (Plat F-1), and the adjoining 30 feet of Right-of-Way for West Babcock Street and South 20th Ave., located in Sec. 11, T. 2 S., R. 5 E., City of Bozeman, Gallatin County, Montana, more particularly described as follows: BEGINNING at a calculated position at the Southeast corner of said Lot 10; thence S 89° 46' 01" W along the southern boundary line of said Lot 10 a distance of 144.74 feet to a calculated position at the southwest corner of said Lot 10; thence continuing along said bearing S 89° 46' 01" W a distance of 30 feet to plated centerline of South 20th Avenue (Plat F-1), a calculated position; thence along said centerline N 00° 08' 37" E a distance of 104.49 feet to the intersection with the plated centerline of West Babcock Street (Plat F-1), a calculated position; thence along said West Babcock Street Centerline N 89° 31' 56" E a distance of 174.75 feet to a calculated position; thence leaving said centerline on a bearing of S 00° 08' 35" W a distance of 30 feet to the Northeast corner of said Lot 10, a calculated position; thence along the Eastern boundary line of said Lot 10, S 00° 08' 35" W a distance of 75.21 feet to the Point of Beginning. Containing 18,322 square feet or 0.421 acres, more or less. SUBJECT to all easements of record or apparent from visual inspection of the property. 296 Ordinance No. 2173, 1920 West Babcock Zone Map Amendment Page 4 of 5 Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 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 5 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 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 297 Ordinance No. 2173, 1920 West Babcock Zone Map Amendment Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ___th day of _______________, 2024. ____________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ____ of ________________, 2024. The effective date of this ordinance is _____________, ____, 2024. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 298 299 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5612 Annual Assessment for Business Improvement District (BID) for Fiscal Year 2025 MEETING DATE:October 8, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to approve Commission Resolution No 5612. 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 Title 7 Chapter 12 Part 11 allows for the creation of business improvement districts that will serve a public use, promote the health, safety, prosperity, security, and general welfare of the inhabitants of the district and of the people of this state, be of special benefit to the property within the boundaries of the district, or aid in tourism, promotion, and marketing within the district. The Downtown Bozeman Business Improvement District (BID) has a stated goal of ensuring the long-term preservation and vitality of the city's underlying economic, cultural, social, and environmental assets. The BID was originally founded in 2000, expanded in 2006, renewed in 2010, and renewed again in 2020. BID revenues are derived from an annual assessment based on each property's portion of the district's taxable value. The BID is overseen by a board appointed by the City Commission. BID monies support numerous programs including the summer flower baskets, holiday lighting, graffiti removal, and year-round maintenance employees. As prescribed by Montana Code Annotated 7-12- 1132, the Commission was presented on May 14, 2024, with the Downtown Business Improvement District (BID) work plan and budget which proposed $260,000 in assessments to downtown business owners. On June 25, 2024, the City Commission adopted the FY25 budget, consistent with the work plan and budget presented. Resolution 5612 formally levies and assesses the special assessment upon all real property in the business improvement district to defray the estimated cost and expense to be incurred as outlined in the work plan and budget. UNRESOLVED ISSUES:None 300 ALTERNATIVES:The work plan and budget adopted for the Downtown BID on May 14, 2024 can only be funded by approving this resolution and making the associated assessments. FISCAL EFFECTS:The assessments proposed are consistent with the FY25 adopted budget and the Downtown BID work plan and budget adopted by the Commission on May 14, 2024. The downtown businesses within the business improvement district will be billed based on their assessed taxable value as it relates to the taxable valuation of the whole district. The assessment rate in said business improvement district shall be set to ensure $260,000.00 is billed. This rate for FY 2025 is 0.019970 per taxable valuation. Attachments: Resolution_5612-BID_Assessments_FY25 FINAL.docx Schedule A.pdf Report compiled on: September 12, 2024 301 Version April 2020 RESOLUTION 5612 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2025 UPON ALL REAL PROPERTY IN THE BUSINESS IMPROVEMENT DISTRICT LOCATED IN THE CITY OF BOZEMAN’S DOWNTOWN AREA TO DEFRAY THE ESTIMATED COST AND EXPENSE TO BE INCURRED IN THE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR AS OUTLINED IN THE DISTRICT’S WORK PLAN AND BUDGET. WHEREAS Commission Resolution No.’s 4256, 4263 and 5140 and Ordinance No. 1790 passed as aforesaid are hereby referred to and made a part of this resolution for further particulars in respect to the boundaries of said district the purpose of the district and the duration of the district, and WHEREAS Section 7-12-1132 (4) Montana Code Annotated provides that said special assessments shall be made levied and collected in the same manner as are other special assessments and levies of the City of Bozeman, and WHEREAS pursuant to Section 7-12-1132 (2) Montana Code Annotated the City Commission did on the 14th day of May 2024 receive the work plan and budget submitted, and WHEREAS the work plan and budget provide for parcels to be assessed for that part of the whole cost of the district which its taxable valuation bears to the total taxable valuation of the property of the district pursuant to Section 7-12-1133 (2) c Montana Code Annotated, and WHEREAS to defray the costs of the business improvement district for the coming 302 Version April 2020 assessment year, the Commission must now establish an assessment to be levied for said year. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That to defray the estimated cost and expense of the business improvement district in the City’s downtown area for the fiscal year 2025 there is hereby levied and assessed against the taxable valuation of the several lots pieces and parcels of land benefited by the district within the City of Bozeman as set forth in Schedule A, attached hereto and by this reference made a part hereof which describes each lot or parcel of land with the name of the owner and or owners, if known, and the amount assessed against the same that the several sums set opposite the names of said owners; and the described lots and parcels of land are hereby levied and assessed upon and against said lots and parcels of land for said purpose that the several sums be collected from the respective owners of said lots and parcels of land described in said assessment list and owned by them; that the said sums shall be paid and the collection thereof be made in the manner and in accordance with Ordinance No. 1790 of the City of Bozeman Montana and the laws of the State of Montana governing the collection of a business improvement district assessments; that failure to pay such assessment when the same shall become due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes and assessments; and that the November assessments shall become delinquent at 5:01 p m on November 30, 2024 and the May assessments shall become delinquent at 5:01 pm on May 31, 2025. Section 2 That each lot or parcel of land including the improvements thereon, may be assessed for that part of the whole cost of the district which its taxable valuation bears to the total taxable valuation of the property in the district. The assessment rate in said business improvement district shall be $260,000.00 which is 0.019970 per taxable valuation. 303 Version April 2020 Section 3 That this assessment be levied for the fiscal year 2025(July1, 2024,through June 30, 2025) and be billed in October 2024 as are other City special assessments. Section 4 That the assessments as collected shall be placed in the business improvement district fund and shall be used to defray the costs thereof asprovided by law. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 8th day of October, 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 304 10/01/24 09:45:31 CITY OF BOZEMAN PAGE 1 BID SCHEDULE A FY25 OWNER LEGAL AMOUNT NAME DESCRIPTION ASSESSED A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #6 555.62 A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #7 78.45 A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #8 21.03 A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #11 54.96 A.O. BUTLER LLC MENDENHALL MARKETPLACE CO UNIT R-6 ORIGINAL TOWNSITE LOT 13- 244.75 ABG LLC BRIDGERVIEW CONDO UNIT 1 34.47 ABG LLC BRIDGERVIEW CONDO UNIT 2 47.05 ABG LLC BRIDGERVIEW CONDO UNIT 12 21.11 ABG LLC BRIDGERVIEW CONDO UNIT 13 19.39 ABG LLC BRIDGERVIEW CONDO UNIT 16 50.95 ABG LLC BRIDGERVIEW CONDO UNIT 17 38.54 ABG LLC BRIDGERVIEW CONDO UNIT 18 27.22 ABG LLC BRIDGERVIEW CONDO UNIT 19 27.22 ABG LLC BRIDGERVIEW CONDO UNIT 20 27.22 ABG LLC BRIDGERVIEW CONDO UNIT 21 24.62 ABG LLC BRIDGERVIEW CONDO UNIT 22 26.30 ABG LLC BRIDGERVIEW CONDO UNIT 23 13.62 ABG LLC BRIDGERVIEW CONDO UNIT 24 6.83 ABG LLC BRIDGERVIEW CONDO UNIT 25 21.11 AKM 238 LLC OP LOT 10 BLOCK C, ALL LOTS 11 & 12 BLOCK C 1,623.83 AKM 310 LLC OP LOT 13, W 16' LOT 14 BLOCK C 1,295.34 ALBRO, CARRIE A &CHRISTOP HBP RESIDENTIAL CONDOMINI UNIT 315 TRACYS 2 LOT 1A BLK A 130.33 AMERICAN BANK OF MONTANA CHURCH & MAIN CONDOS UNIT ROUSE 1ST LOTS 10-19 W 1/ LOT 20 BLOCK E 797.07 AMERICAN BANK OF MONTANA CHURCH & MAIN CONDOS UNIT ROUSES 1ST LOTS 10-19 W 1 LOT 20 BLOCK E 1,288.77 ANGEL, GEOFFREY C & CARRI BAXTER CONDO UNIT 3C TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 89.79 ARCHROCK LLC OP E 5' OF LOT 7 & W 27 1 OF LOT 8 BLOCK C 1,259.22 BAIDE REAL ESTATE CO LLC ROUSES 1ST LOTS 1-4 & W 6' LOT 5 BLOCK A BLAC BUILDING CONDOS UNIT 2 320.58 BAIDE REAL ESTATE CO LLC ROUSES 1ST LOTS 1-4 & W 6' LOT 5 BLOCK A BLAC BUILDING CONDOS UNIT 4 172.43 BAR KEEPER LLC OP PORTION LOTS 15-16, A LOTS 17-19 BLOCK D BOZ MULTI LEVEL SHOP COMPLEX 190.16 BAR KEEPER LLC OP PORTION LOTS 15-16 AL LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 170.73 BAXTER MAIN LLC TRACYS 1ST WEST 10' LOT 4 BLOCK B BID ONLY 108.18 BAXTER MAIN LLC BAXTER CONDO UNIT 6E TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 78.31 BAXTER MAIN LLC BAXTER CONDO UNIT BA TRACYS 1ST LOTS 1-4 & E 18' LOT 4 BLOCK B 12.08 BAXTER MAIN LLC BAXTER CONDO UNIT BB TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 3.14 BAXTER MAIN LLC BAXTER CONDO UNIT BC TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 1.48 BAXTER MAIN LLC BAXTER CONDO UNIT BD TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 4.47 BAXTER MAIN LLC BAXTER CONDO UNIT BE TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 1.98 BAXTER MAIN LLC BAXTER CONDO UNIT BF TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 3.02 BAXTER MAIN LLC BAXTER CONDO UNIT BG TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 10.58 BAXTER MAIN LLC BAXTER CONDO UNIT BH TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 1.86 BAXTER MAIN LLC BAXTER CONDO UNIT BJ TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 11.24 BAXTER MAIN LLC BAXTER CONDO UNIT BK TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 2.54 BAXTER MAIN LLC BAXTER CONDO UNIT BL TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 17.16 BAXTER MAIN LLC BAXTER CONDO UNIT BM TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 8.81 BAXTER MAIN LLC BAXTER CONDO UNIT BN TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 45.01 BAXTER MAIN LLC BAXTER CONDO UNIT BP TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 13.52 BAXTER MAIN LLC BAXTER CONDO UNIT BQ TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 1.28 BAXTER MAIN LLC BAXTER CONDO UNIT BR TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 1.26 305 10/01/24 09:45:31 CITY OF BOZEMAN PAGE 2 BID SCHEDULE A FY25 OWNER LEGAL AMOUNT NAME DESCRIPTION ASSESSED BAXTER MAIN LLC BAXTER CONDO UNIT BS TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 9.93 BAXTER MAIN LLC BAXTER CONDO UNIT BT TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 12.46 BAXTER MAIN LLC BAXTER CONDO UNIT BU TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 7.71 BAXTER MAIN LLC BAXTER CONDO UNIT BV TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 6.77 BAXTER MAIN LLC BAXTER CONDO UNIT BW TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 14.64 BAXTER MAIN LLC BAXTER CONDO UNIT 1A TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 176.32 BAXTER MAIN LLC BAXTER CONDO UNIT 1B TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 104.21 BAXTER MAIN LLC BAXTER CONDO UNIT 1C TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 46.69 BAXTER MAIN LLC BAXTER CONDO UNIT 1D TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 96.94 BAXTER MAIN LLC BAXTER CONDO 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TRACYS 2 LOT 1A BLK A 121.18 PENLAND RENTALS LLC ROUSES 1ST E 24' LOT 27, LOT 23 BLOCK F 459.21 PETERSEN HOLDINGS LLC OP SOUTH 80' LOTS 20 & 21 LOTS 22 & 23 LESS 10'X70' NE CORNER OF LOT 22 PLUS 283.93 PETERSEN HOLDINGS LLC OP LOT 24 BLOCK D 140.40 PETERSEN LEGACY LLC OP NORTH 70' OF LOTS 20 & BLOCK D (SERVICE ELECTRIC BLDG) 608.46 PHEASANT FARMS LLC STORYS LOT 1, E25' LOT 2, LESS S 35' BLOCK A 1,859.21 PJ PARTNERS LLC ROUSES 1ST LOTS 1-4 & W 6' LOT 5 BLOCK A BLAC BUILDING CONDOS UNIT 3 191.70 PLANALP, NANCY S TRACYS LOTS 7-10 BLOCK C 1,375.17 PONY CREEK PARTNERS LLC STORYS W 29.5' LOT 9 E 7.5' LOT 10 BLOCK A LONE STAR COMMERCIAL COND 495.12 POWER BUILDING LLC OP LOT 5 & W 5' OF LOT 6 BLOCK A 1,123.83 PROVENANCE PLACE LLC MERIN CONDO STE B OP S1/2 LOTS 35-38 BL 1 189.41 R&B HOLDINGS LLC MENDENHALL MARKETPLACE CO UNIT R-8 169.89 RAD HOLDINGS LLC ROUSES 2ND TRACT 2 LOT 1 4 X 122' NORTH OF LOT 2 BLOCK A 427.12 RAFFETY, LARRY J HBP RESIDENTIAL CONDOMINI UNIT 516 TRACYS 2 LOT 1A BLK A 131.55 REAL ANGELS LLC ROUSES 1ST LOT 1 & E 22' BLOCK F 1,421.60 RENEWAL LLC HBP RESIDENTIAL CONDOMINI UNIT 418 TRACYS 2 LOT 1A BLK A 228.99 RENEWAL LLC HBP RESIDENTIAL CONDOMINI UNIT 521 TRACYS 2 LOT 1A BLK A 656.45 RENSLOW GROUP LLC MERIN CONDO STE A OP S1/2 LOTS 35-38 BL 1 210.77 RIDGE, LLC OP ALL LOTS 4 & 5 W 1/2 O LOT 6 BLOCK H 921.41 RINNERT, MANCY L TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT B 120.79 ROOS, LISA MARIE & PETER TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT A 127.93 RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 404.55 RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 290.68 RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 248.08 311 10/01/24 09:45:31 CITY OF BOZEMAN PAGE 8 BID SCHEDULE A FY25 OWNER LEGAL AMOUNT NAME DESCRIPTION ASSESSED RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 278.64 RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 724.31 RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 1,385.93 RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 604.14 RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 1,205.81 RT404 BABCOCK LLC HARPERS LOTS 19 & 20 WES OF LOT 21 BLOCK A PLAT C-21C 760.08 RUTHERFORD, LADD D & BARB OP W 17 1/2' LOT 15 & E 5 OF LOT 16 BLOCK H 126.70 RWH REALTY LLC OP E 13' OF LOT 6 W 13' L BLOCK B 848.25 RWH REALTY LLC COOPER BLOCK MIXED USE BLDG STE 1A ORIGINAL PLAT BOZEMAN 875.71 SA SORENSON LLC HARPERS LOT 26 BLOCK A EA LOT 25 AND VACATED ALLEY 16' X 140' IN BLOCK A 125.96 SA SORENSON LLC HARPERS EAST 12' LOTS 21, LOT 24 WEST 22' OF LOT 25 BLOCK A FOR THE BOWL 1,161.36 SABOL, RENEE T OP N87.5' LOTS 30 & 31 E8 OF N 90' LOT 32 BLOCK D 329.12 SABOL, RENEE T OP LOT 7A & LOT 8 BLOCK I 627.13 SABOL, RENEE T OP LOTS 9-10 BLOCK I 148.98 SCHRIOCK, STEPHANIE ANN BAXTER CONDO UNIT 3A TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 114.69 SCHULZE, BRIGITTE M OP LOTS 1,2 & W 9' LOT 3 BLOCK F 1,522.05 SEITZ, FRANK C ROUSES 1ST E6' LOT 21, AL LOT 22 W 16'23 BLOCK F 611.83 SELAH GROUP LLC OP 3.45' E.S. LOT 7 & 19' LOT 8 BLOCK E 842.08 SENNETT, ELIZABETH 2012 R TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT G 121.74 SLEEPY EYE LLC ROUSES 1ST LOTS 10-14 BLO OLD CITY HALL 950.50 SNOWY LANDS LLC MENDENHALL MARKETPLACE CO UNIT R-7A ORIGINAL TOWNSITE LOT 13- 158.43 SOPER, CHARLES & HEIDI A OP W 22.5' LOT 16 ALL LOT BLOCK H 213.75 SOPER, CHARLES VERN& HEID OP 90' N ENDS LOTS 18-22 BLOCK H 436.49 SORENSON, SCOTT HARPERS LOT A BLOCK A AME LOTS 1-4 BLOCK A & VACANT ALLEY 214.21 STEIS, CHRISTOPHER JOSEPH HBP RESIDENTIAL CONDOMINI UNIT 312 TRACYS 2 LOT 1A BLK A 178.76 STRAIGHTAWAY BOZEMAN INVE OP BLOCK G LOT 1-A .46 ACRES 16,836.53 SV INVESTMENTS LLC HBP RESIDENTIAL CONDOMINI UNIT 408 TRACYS 2 LOT 1A BLK A 126.40 SWN CREEKSIDE LLC OP LOTS 14-16 BLOCK I 738.61 S2K/MILLER BABCOCK LLC ROUSES 1ST ALL LOT 25 AND E 26 1/2' LOT 26 BLOCK B 246.56 S2K/MILLER BABCOCK LLC ROUSES 1ST LOTS 23-24 BLO 388.04 S2K/MILLER BABCOCK LLC ROUSES 1ST LOTS 21-22 BLO 541.97 S2K/MILLER BABCOCK LLC ROUSES 1ST LOT 19-20 BLOC 547.75 T & ME LLC TRACYS E 27.14' LOT 8, W5 LOT 7 BLOCK B 1,143.16 T & W COWDREY PROPERTIES OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 188.91 T & W COWDREY PROPERTIES OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 6.49 T & W COWDREY PROPERTIES OP PORTIONT LOTS 15-16 LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 402.64 TAC LAND HOLDINGS LLC OP SOUTH 60' LOTS 18-22 BLOCK H 582.82 TBAK LLC HBP RESIDENTIAL CONDOMINI UNIT 507 TRACYS 2 LOT 1A BLK A 299.01 THE BOZEMAN RIALTO LLC STORYS BOZEMAN E 27' LOT 2 5.75' LOT 2, 4 X 5.75' CORNER BLK A LOT 21, 4' N 1,687.91 THE ETHA HOTEL LLC TRACY'S 1ST ADD E 1.25 FT LOT 16, ALL LOTS 17-20 & 24.5 FT OF LOT 21 BLK A 12,244.92 THE IMPERIAL FOUR HUNDRED STORYS W 25' LOT 4, ALL LOTS 5-7 S 18' LOTS 8-9 BLOCK B & N 53' LOTS 12-1 2,739.85 THE IMPERIAL FOUR HUNDRED STORYS N120' LOTS 8-9 BLO 2,018.84 THE JACK STONE TRUST JACOB'S CROSSING RESIDENT UNIT C ROUSE'S 1ST LOTS 6 111.44 THOMPSON, ARTHUR JOHN BAXTER CONDO UNIT 6C TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 90.57 TWO SISTERS HOLDING CO LL OP E 22.19' OF LOT 11 & A LOT 12 BLOCK D 1,823.18 UNGERSMA, RICK & SHANNON HBP RESIDENTIAL CONDOMINI UNIT 410 TRACYS 2 LOT 1A BLK A 490.47 VMD PROPERTIES LLC TRACYS 2 22' W.S. LOT 9, LOT 10 BLOCK B 528.09 WADA, M RICHARD & JACOB'S CROSSING RESIDENT UNIT F ROUSE'S 1ST LOTS 6 199.27 312 10/01/24 09:45:31 CITY OF BOZEMAN PAGE 9 BID SCHEDULE A FY25 OWNER LEGAL AMOUNT NAME DESCRIPTION ASSESSED WALLACE-BABCOCK PROPERTIE WALLACE COMMERCIAL CONDOS UNIT 101 LOT 13A, BLOCK A 290.94 WALLACE-BABCOCK PROPERTIE WALLACE COMMERCIAL CONDOS UNIT 201 LOT 13A BLK A 913.10 WALLACE-BABCOCK PROPERTIE WALLACE COMMERCIAL CONDOS UNIT 301 LOT 13A BLK A 1,030.17 WALLACE-BABCOCK PROPERTIE ROUSES 2ND LOT 13A BLOCK PLAT C-6-F WALLACE COMMERCIAL CONDO 390.19 WALSH, BARNEY & TRACY SED HBP RESIDENTIAL CONDOMINI UNIT 514 TRACYS 2 LOT 1A BLK A 374.84 WAM DEV GROUP LLC ROUSES 1ST ALL LOT 9 TO L BLOCK B 1,250.47 WELLS FARGO BANK TRACYS LOTS 1-5 BLOCK C 3,570.43 WELLS FARGO BANK TRACYS LOTS 15-17, W1/2 L BLOCK C 209.12 WELLS FARGO BANK TRACYS LOTS 11-14 BLOCK C 402.62 WERNER, ROBERT J & PATRIC HBP RESIDENTIAL CONDOMINI UNIT 306 TRACYS 2 LOT 1A BLK A 188.33 WILLIAMS, DALE L & KATHER TRACY BABCOCK CONDOS UNIT LOT 18-22 BLK A STORYS AD & FRACT BLK 'AE' ALDERSON 224.22 WIMPYS PALACE LLC ROUSES 1ST ADD LOT 3A BLK ALL LOT 3 & PORT LOT 2 & 534.69 YELLOW HOUSE LLC ROUSES 1ST ADD LOT 15-16 523.44 YO MAMA ENTERPRISES LLC OP E 5' LOT 4 W 26' LOT 5 BLOCK F BARNETT CONDOS U 221.72 Z & C LLC BRIDGERVIEW CONDO UNIT 3 45.33 Z & C LLC BRIDGERVIEW CONDO UNIT 4 49.15 Z & C LLC BRIDGERVIEW CONDO UNIT 5 19.07 Z & C LLC BRIDGERVIEW CONDO UNIT 6 14.96 Z & C LLC BRIDGERVIEW CONDO UNIT 7 17.59 Z & C LLC BRIDGERVIEW CONDO UNIT 8 15.84 Z & C LLC BRIDGERVIEW CONDO UNIT 9 25.52 Z & C LLC BRIDGERVIEW CONDO UNIT 10 21.11 Z & C LLC BRIDGERVIEW CONDO UNIT 11 21.11 ZELLIGE INVESTMENTS LLC MENDENAHLL MARKETPLACE CO UNIT R-3 ORIGINAL TOWNSITE LOT 13- 212.65 ZOEMAX LLC GUYS 1ST 60'EAST SIDE 1/2 LOT 3, EAST 114'OF 1/2 AC LOT 4 & WEST 26' OF 1/2 A 1,089.24 10 SPEED LLC MENDENHALL MARKETPLACE CO UNIT R-5 ORIGINAL TOWNSITE LOT 13- 190.62 101 ROUSE LLC OP SOUTH 50' LOTS 17-19 BLOCK I 805.93 104 E MAIN LLC OP LOTS 13-22 & 22' S OF 13-22 788.08 104 E MAIN LLC OP LOTS 1-3 & W 28 1/2' O LOT 4 BLOCK B 4,853.27 106 E BABCOCK LLC BLACKS ADDITION LOT 11A B 4,919.51 106 E BABCOCK LLC BLACKS ADDITION TO BOZEMA LOT 12A BLOCK B AMENDED PLAT C-14-H 404.47 115 APCH LL OP LOTS 12-13 E 5 1/2' LOT 14 BLOCK H 572.77 115 APCH LL OP W 22 1/2' LOT 14 & E 1 OF LOT 15 BLOCK H 196.50 129 EAST MAIN LLC OP E 9' LOT 8, W 18.5' OF LOT 9 BLK E 878.37 137 E BABCOCK LLC OP LOTS 11-12 & 22 X 60' LOTS 11-12 BLOCK B 1,143.88 22 S GRAND LLC STORYS N49.5' LOTS 10-11 BLOCK B 534.61 223 EAST MAIN COMMERCIAL OP LOT 7A BLK D- E 16.5' & W 10' LOT 7 PLAT C-1-Q 1,682.60 23 E MAIN STREET HOLDINGS OP W 26' 8" LOT 7 BLOCK F 871.58 234 E MAIN ST LLC OP E 2.5' LOT 8 AND ALL LOT 9 BLOCK C 873.21 27 N TRACY LLC TRACTYS 3.5' EAST SIDE LO 6.5 X 50' SOUTHWEST CORNE LOT 22 BLOCK A 90' NORTH 903.43 28 W MAIN LLC STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #4 468.42 28 W MAIN LLC STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #5 38.12 28 W MAIN LLC STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #9 69.62 29 W MAIN LLC TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT 4 729.16 302 EAST MENDENHALL LLC OP PARCEL A BLOCK D PLAT PARKING LOT 596.28 321 MAIN LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 701.30 321 MAIN LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 17.02 35 NORTH BOZEMAN LLC OP LOTS 12-14 BLOCK E OLD LIBRARY BUILDING 1,120.04 313 10/01/24 09:45:31 CITY OF BOZEMAN PAGE 10 BID SCHEDULE A FY25 OWNER LEGAL AMOUNT NAME DESCRIPTION ASSESSED 35 NORTH BOZEMAN LLC OP LOT 15A PLAT C-1-D BLO 201.31 36 E MAIN LLC OP 25'E S LOT 6, LOT 7 LE S 7 1/2' & LOT 8 BLOCK A 2,381.85 400 MARION INC OP E 1/2 LOT 10 ALL LOT 1 BLOCK A 1,869.07 400 MARION INC OP E1.33' LOT 7 ALL LOT 8 W 9.67' LOT 9 BLOCK F 27 E MAIN CONDOS UNIT D 320.64 400 MARION INC OP E 1.33' LOT 7 ALL LOT W 9.67' LOT 9 BLOCK F 27 E MAIN CONDOS UNIT E 293.10 508 MONTANA LLC HBP RESIDENTIAL CONDOMINI UNIT 508 TRACYS 2 LOT 1A BLK A 126.66 520 EAST BABCOCK LLC ROUSES 2ND TRACT 1 LOT 1 BLOCK A BEING 80 X 86' 548.29 702 LLC 60%-KILKERNEY PRO OP LOT 9A BLOCK B PLAT C-1-G 2,892.79 9 E MAIN LLC OP E 19' LOT 3 & W 23' LOT 4 BLOCK F 1,532.84 FINAL TOTALS TOTAL 260,000.33 * * * E N D O F R E P O R T * * * 314 Memorandum REPORT TO:City Commission FROM:Melissa Hodnett, Finance Director SUBJECT:Resolution 5623, Establishing and Affixing the Number of Mills to be Charged Against the Assessed Valuation of All Taxable Property Situated Within the Corporate Jurisdictional Boundaries of the City for Fiscal Year 2024-2025 (FY25) MEETING DATE:October 8, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to approve Resolution 5623. 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: Annually, the Department of Revenue (DOR) sends certified taxable values to jurisdictions in the State of Montana. Based on these values, the City Commission is required to adopt a resolution setting mill levies for the fiscal year. Typically, City staff proposes mill levies in line with the amount of revenue included in the adopted budget by the second Monday in September (MCA 15-10-305). The certified taxable values received by the City in early August indicated that the taxable values had decreased by approximately 3% since the prior tax year. On August 15, 2024 the City and other jurisdictions within Gallatin County received a letter from the DOR explaining that they had ran out of time to add some newly taxable values to the tax roll this year. The City, in collaboration with Gallatin County, the Bozeman School District, the City of Belgrade, and the Belgrade School District formally responded to the DOR on August 19th, requesting that they work with local jurisdictions to correct certified values prior to tax bills being mailed in October. On August 20th, the DOR met with Bozeman and Belgrade districts and confirmed their willingness to work on recertifying values. A letter from Gallatin County dated August 28, 2024 confirmed the timeline for the updated valuations and mill levy adoptions, giving the City until October 9th, 2024 to adopt this resolution. 315 Resolution 5623 establishes levies in alignment with Commission Resolution 5600 which appropriated funds for the fiscal year ending June 30, 2025. The 2025 Biennial Budget and FY25 Annual Operating Budget, adopted on June 25, 2024, included estimates of mill levies needed to generate the amount of revenue required to pay for budgeted expenditures and to meet reserve requirements. The mill values proposed in Resolution 5623 are expected to generate the same amount of revenue adopted in the budget. UNRESOLVED ISSUES:None. ALTERNATIVES:The mill values proposed in Resolution 5623 are expected to generate the same amount of revenue adopted in the budget. Changes may require budget amendments. FISCAL EFFECTS: By adopting Resolution 5623, the City Commission ensures collections of property tax revenue as adopted in the FY25 Annual Operating budget. The anticipated impact on the median single-family homeowner with a taxable value of $652,100 is $66.11 annually in FY25. The estimated impact is $16.71 dollars higher annually than estimated in the 2025 Biennium Adopted budget, due to the added 1.0 permissive mill for the local government study commission and a decrease in mill value compared to estimated. The City's actual mill value for FY25 is $245,208 after adjustment for the removal of tax increment districts vs a budgeted mill value of $254,401. Attachments: 24.09.27_Certified Values-City of Bozeman-Revised.pdf 24.08.28_Recertification of 2024 Taxable Valuations - Cities Towns and Districts.pdf 24.08.20_Letter to DOR Certified Taxable Values.pdf 24.08.15_ DOR PAD Letter to City of Bozeman Commissioners.pdf 24.10.08-Resolution5623EstablishingMillLevies- Resolution.docx Report compiled on: August 1, 2024 316 1. 2024 2. 2024 3. 2024 4. 2024 5. 2024 6. 2024 7. TIF Districts Total Incremental Value Date I. Value Included in "newly taxable" property II. Total value exclusive of "newly taxable" property Note POLE YARD URD 2,323,716 1,137,056 1,186,660 NORTH PARK URBAN RENEWAL DIST 378,764 244,332 134,432 SOUTH BOZEMAN TECHNOLOGY DIST 98,650 417 98,233 423,054 1,466,804 BOZEMAN MIDTOWN URBAN RENEWAL DIST8,372,933 3,507,723 4,865,210 -$ -$ Special district resolutions must be delivered to the department by the first Thursday after the first Tuesday in September, 09/05/2024, or within 30 calendar days after the date on this form 7-11-1025(8), MCA. The county clerk and recorder must provide mill levies for each taxing jurisdiction to the department by the second Monday in September, 09/9/2024, or within 30 calendar days after the date on this form 15-10- 305(1)(a), MCA. BOZEMAN DOWNTOWN 14,708,876 1,328,695 13,380,181 NORTHEAST URBAN RENEWAL DIST 1,889,858 Preparer Angie D 9/27/2024 1Market value does not include class 1 and class 2 value 2Taxable value is calculated after abatements have been applied 3This value is the taxable value less total incremental value of all tax increment financing districts 4The taxable value of class 1 and class 2 is included in the taxable value totals For Information Purposes Only 2024 taxable value of centrally assessed property having a market value of $1 million or more, which has transferred to a different ownership in compliance with 15-10-202(2), MCA. 21,131,520$ Tax Increment District Name Current Taxable Value2 Base Taxable Value Incremental Value Taxable Value less Incremental Taxable Value3………………………………………………………………………………………………………………….245,207,740$ Taxable Value of Net and Gross Proceeds4 -$ (Class 1 and Class 2)…………………………………………………………………………………………………………………………………………………….. Tax Loss from HB212……..…………………………………………………………………………………………………………….(91,677)$ Total Market Value1………………………………………………………………………………………………………………………………………………………..17,630,717,738$ Total Taxable Value2……………………………………………………………………………………………………………………………………………………………266,339,260$ Taxable Value of Newly Taxable Property………………………………………………………………………………………………………………………………………………………………6,190,874$ Revised 9/27/2024 2024 Certified Taxable Valuation Information (15-10-202, MCA) Gallatin County CITY OF BOZEMAN Certified values are now available online at property.mt.gov/cov MONTANA Form AB-72T Rev. 6-24 317 1. 2024 2. 2024 3. 2024 4. 2024 5. 2024 6. 2024 7. TIF Districts Total Incremental Value Date I. Value Included in "newly taxable" property II. Total value exclusive of "newly taxable" property Note POLE YARD URD 2,323,716 1,137,056 1,186,660 NORTH PARK URBAN RENEWAL DIST 378,764 244,332 134,432 SOUTH BOZEMAN TECHNOLOGY DIST 98,650 417 98,233 423,054 1,466,804 BOZEMAN MIDTOWN URBAN RENEWAL DIST8,372,933 3,507,723 4,865,210 -$ -$ Special district resolutions must be delivered to the department by the first Thursday after the first Tuesday in September, 09/05/2024, or within 30 calendar days after the date on this form 7-11-1025(8), MCA. The county clerk and recorder must provide mill levies for each taxing jurisdiction to the department by the second Monday in September, 09/9/2024, or within 30 calendar days after the date on this form 15-10- 305(1)(a), MCA. BOZEMAN DOWNTOWN 14,708,876 1,328,695 13,380,181 NORTHEAST URBAN RENEWAL DIST 1,889,858 Preparer Angie D 9/27/2024 1Market value does not include class 1 and class 2 value 2Taxable value is calculated after abatements have been applied 3This value is the taxable value less total incremental value of all tax increment financing districts 4The taxable value of class 1 and class 2 is included in the taxable value totals For Information Purposes Only 2024 taxable value of centrally assessed property having a market value of $1 million or more, which has transferred to a different ownership in compliance with 15-10-202(2), MCA. 21,131,520$ Tax Increment District Name Current Taxable Value2 Base Taxable Value Incremental Value Taxable Value less Incremental Taxable Value3………………………………………………………………………………………………………………….245,207,740$ Taxable Value of Net and Gross Proceeds4 -$ (Class 1 and Class 2)…………………………………………………………………………………………………………………………………………………….. Tax Loss from HB212……..…………………………………………………………………………………………………………….(888)$ Total Market Value1………………………………………………………………………………………………………………………………………………………..17,630,717,738$ Total Taxable Value2……………………………………………………………………………………………………………………………………………………………266,339,260$ Taxable Value of Newly Taxable Property………………………………………………………………………………………………………………………………………………………………6,190,874$ Revised 9/27/2024 2024 Certified Taxable Valuation Information (15-10-202, MCA) Gallatin County BOZEMAN (CITY) PLANNING DISTRICT Certified values are now available online at property.mt.gov/cov MONTANA Form AB-72T Rev. 6-24 318 319 August 19, 2024 Paula Gilbert Property Assessment Division Montana Department of Revenue RE: Taxable Value for the 2024 Tax Year Dear Paula, Thank you for your letter dated 8/15/24 explaining the causes behind the decrease in certified taxable value for the 2024 tax year for jurisdictions within Gallatin County. We sincerely appreciate the Department of Revenue’s efforts during a time period where property tax fatigue and angst is elevated statewide. The impact of the failure to fully capture new construction in our certified values will have a significant impact on our jurisdictions taxpayers, property tax revenues, and budgets. If taxes are levied based on these incorrect certified values, existing property owners are likely to pay higher tax bills while newly taxable properties may avoid payments until 2025. Doing so will also cause revenue shortfalls for some jurisdictions, which may result in a lower level of service to the communities. These impacts are not acceptable to our elected officials, administrators, and constituents. We take these tax implications very seriously. While we truly appreciate your work over the last year in developing certified values, we would like to formally request your support and collaboration in an effort to correct our newly taxable values in advance of tax bills being mailed in October. We appreciate your willingness to meet with us and look forward to continued collaboration in working toward the fair treatment of our jurisdictions taxpayers. Sincerely, _______________________________ Chuck Winn, City Manager City of Bozeman _______________________________ Casey Bertram, Superintendent Bozeman School District _______________________________ Jim Doar, County Administrator Gallatin County _______________________________ Neil Cardwell, City Manager City of Belgrade _______________________________ Dede Semerad, Superintendent Belgrade School District Docusign Envelope ID: 055201A0-1C7F-469F-BFE0-E641A897F628 320340 321 322 Resolution No. 5623 Establishing and Affixing the Number of Mills for FY25 April 2020 1 of 4 RESOLUTION 5623 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 2024-2025 (FY25). WHEREAS,after due and proper legal notice, at a regular session of the City Commission on October 8, 2024, the public hearing on the proposed change of ad-valorem tax revenue was held; and WHEREAS,the Montana Department of Revenue issued to the City a revised 2024 Certified Taxable Valuation received on September 27, 2024; and WHEREAS,in accordance with Montana Code Annotated, a resolution must be adopted by the City Commission in order to determine the amount of the City or Town taxes to be levied and assessed on the taxable property situated within the City for the current fiscal year; and WHEREAS,the City Clerk must certify to the County Clerk a copy of such resolution. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, as follows: Section 1 That for the purpose of providing and maintaining basic City services the City Commission of the City of Bozeman, Montana does hereby affix 97.46 mills to be levied for the All-Purpose General Fund for general government purposes as provided by Sections 7-6-4451 and 15-10-420 MCA. Section 2 That the City Commission of the City of Bozeman, Montana does hereby establish and affix a mill levy in the amount of 2.00 mills to provide funds for the City Planning Activity as provided by Sections 7-6-4451 and 15-10-420 MCA. 323 Resolution No. 5623 Establishing and Affixing the Number of Mills for FY25 April 2020 2 of 4 Section 4 That the City Commission of the City of Bozeman, Montana does hereby establish and affix a mill levy in the amount of 10.89 mills to provide for the total City payment of premiums for Health Medical Insurance for City employees in accordance with Title 2 Chapter 18 Part 7 MCA, Section 2 of Chapter 359 Laws 1975, Section 7-32-4117 MCA, and Section 7-3-4130 MCA. Section 5 That for the purpose of providing and maintaining basic City services, the City Commission of the City of Bozeman, Montana does hereby affix 30.00 mills to be levied for the Fire Department Capital & Equipment Replacement, Fire Staffing, and Police Staffing as provided by Section 7-6-4451 MCA. Section 6 That for the purpose of funding the Local Government Study Commission, the City Commission of the City of Bozeman, Montana does hereby affix 1.00 mills to be levied as provided by Section 7-3-1842 MCA. Section 7 In accordance with Section 7-7-4265 MCA, the City Commission of the City of Bozeman, Montana does hereby establish and affix a mill levy in the amount of 4.81 mills to provide for principal and interest payments on outstanding Trails, Open Space and Parks (TOP) General Obligation Bonds, 9.29 mills to provide for principal and interest payments on outstanding Bozeman Public Safety Center (BPSC) General Obligation Bonds, and 2.78 mills to provide for principal and interest payments on outstanding Fire Station #2 Relocation General Obligation Bonds. 324 Resolution No. 5623 Establishing and Affixing the Number of Mills for FY25 April 2020 3 of 4 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 8th day of October, 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 325 Resolution No. 5623 Establishing and Affixing the Number of Mills for FY25 April 2020 4 of 4 CITY OF BOZEMAN Mill Levy Fiscal Year 2024-2025 (FY25) Levy Purpose Number of Mills All Purpose Levy 97.46 City Planning 2.00 Health/Medical Insurance 10.89 Public Safety Staff & Equipment 30.00 Local Government Study Commission 1.00 Bozeman Public Safety Center Bonds 9.29 Parks & Trails GO Bonds 4.81 Fire Station #2 Relocation GO Bonds 2.78 Grand Total Levied 158.23 326 Memorandum REPORT TO:City Commission FROM:Anna Saverud SUBJECT:Ordinance 2172: Ordinance Repealing Chapter 34, Article 9 and Chapter 20, Articles 1 and 2 of the Bozeman Municipal Code, and Establishing Chapter 2, Article 8, Division 2 Prohibiting Camping on Public Property and the Public Right-of-Way and Authorizing the Establishment of a Permit System for Limited Camping on the City Right-Of-Way for Persons Experiencing Homelessness. MEETING DATE:October 8, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Consider the Motion: I move to adopt Ordinance 2172. STRATEGIC PLAN:3.2 Health & Safety Action: Work with our partners to improve education, public awareness, and to coordinate programs concerning emergency services, criminal justice, and important social services. BACKGROUND: On August 6th the City Commission held a work session on urban camping. This work session followed the U.S. Supreme Court’s June 28, 2024 decision in Johnson v. Grants Pass, which overruled the 9th circuit caselaw the City had been beholden to when regulating its right of way and public property. City staff discussed Ordinance 2147 which are the current regulations for urban camping and the provided the Commission with assessments of what has worked well under the ordinance and what problems and impacts persist on the right of way. City staff discussed options with the Commission related to camping on the right-of-way and received direction and considerations for a revised ordinance. A link to the presentation; discussion; and agenda packet including the legal background can be found here. City staff took the Commission feedback from the work session along with direction from the city manager and drafted Ordinance 2172. The intent of Ordinance 2172 is to establish a generally applicable law that prohibits camping on the right of way and on public property, while allowing a limited permit system for persons experiencing homelessness who comply with regulations to camp on the right of way. The ordinance proposes enhanced regulations beyond those currently in code for a permittee. The ordinance 327 also proposes establishing misdemeanor penalties for violations of the general camping prohibition and for violating a permit. Ordinance 2172 recommends the permits be limited to 30 days with renewals determined on a case-by-case basis. Further, the ordinance as proposed, contains a sunset provision that would have the permit program expire by October 1, 2025. The full text of Ordinance 2172 is attached. UNRESOLVED ISSUES:Upstream community solutions to keep persons housed and increase the number of emergency and transitional housing units the region. ALTERNATIVES:Amendments to the proposed ordinance at the discretion of the Commission. Not adopt Ordinance 2172 and leave Ordinance 2147 in place. FISCAL EFFECTS:Unknown, but staff anticipates the new ordinance would result in fewer towing costs and less frequent large scale clean ups involving. For reference, in FY24 towing costs for the city as it relates to urban camping were approximately $59,000. Attachments: Urban Camping Ordinance Final.pdf Report compiled on: September 27, 2024 328 ORDINANCE 2172 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALING CHAPTER 34, ARTICLE 9 AND CHAPTER 20, ARTICLES 1 AND 2 OF THE BOZEMAN MUNICIPAL CODE, AND ESTABLISHING CHAPTER 2, ARTICLE 8, DIVISION 2 PROHIBITING CAMPING ON PUBLIC PROPERTY AND THE PUBLIC RIGHT-OF-WAY AND AUTHORIZING THE ESTABLISHMENT OF A PERMIT SYSTEM FOR LIMITED CAMPING ON CITY RIGHT OF WAY FOR PERSONS EXPERIENCING HOMELESSNESS. WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and Montana law to establish programs and laws to protect public health, safety and welfare of the residents of Bozeman; 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 §7-14-4101, MCA, the City has the authority to prevent the encumbering of streets, sidewalks, alleys or public grounds with obstacles or materials; and WHEREAS, the United States Supreme Court has long recognized that a municipality has the right to regulate the use of city streets to assure the safety and convenience of the people in their use, and further, that governmental authorities have the duty and responsibility to keep their streets open and available for movement (Cox v. Louisiana, 379 U.S. 536 (1965)); and WHEREAS, in 2019, the United States Ninth Circuit Court of Appeals (Ninth Circuit) issued its decision in Martin v. Boise, 920 F.3d 584 (9th Cir. 2019), holding in part that the Cruel and Unusual Punishments Clause of the Eighth Amendment “prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter;” and 329 WHEREAS, in 2022, the Ninth Circuit issued its decision in Johnson v. City of Grants Pass, 50 F.4th 787 (9th Cir. 2022), holding local ordinances violated the Eighth Amendment to the extent the ordinances prohibited individuals from taking minimal measures to keep warm and dry while sleeping (including sleeping in vehicles); and WHEREAS, in 2024, the Supreme Court of the United States reversed and remanded the decision in Johnson v. City of Grants Pass and overruled the decision in Martin v. Boise, 920 F.3d 584 (9th Cir. 2019), holding the enforcement of generally applicable laws regulating camping on public property does not constitute cruel and unusual punishments prohibited by the Eighth Amendment; and WHEREAS, currently approximately 150 recreational vehicles, campers, vans and other vehicles on the public right-of-way are used for residences and related storage of personal property, and the Commission finds this Ordinance necessary to ensure the public rights-of-way intended for the purposes of travel for all residents are unencumbered, that street maintenance including debris removal, street cleaning, and snow removal can occur as needed, that solid waste or other waste does not accumulate impacting the health of residents or negatively impact stormwater systems, and to balance community interests and concerns; and WHEREAS the Commission finds it necessary for the health, safety, and welfare of all residents to prohibit camping on public property and the public rights-of-way subject to limited permitted exceptions. WHEREAS the Commission finds establishing a permit system can provide a lawful place for persons adhering to the rules to reside for a limited period of time while actively taking steps to connect with services or obtain transitional and permanent housing. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the entirety of current Chapter 20, Articles 1 and 2 of the Bozeman Municipal Code are hereby repealed and the division reserved. Section 2 That the entirety of current Chapter 34, Article 9 of the Bozeman Municipal Code is hereby repealed and the division reserved. 330 Section 3 That under Chapter 2, Article 8 of the Bozeman Municipal Code a new Division 2 shall be created and shall be codified as follows: Division 2: Prohibitions on City Property. Sec. 2.08.200. – Definitions Sec. 2.08.210. – Camping Prohibited Sec. 2.08.220. – Permit Required for Camping on Public Right-of-Way Sec. 2.08.230. – Violation and Penalty; Abatement Sec. 2.08.200 – Definitions. A. The following words and phrases, whenever used in division, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. “Camping” or “camp” means to pitch, erect, create, use, or occupy or otherwise inhabit camp facilities. 2. “Camp facility” or “camp facilities” include but are not limited to tents, huts, temporary shelters, structures, vehicles as defined in 36.01.020, recreational vehicles with or without motive power designed for use as temporary living quarters or camping, motor homes, camping trailers, tent trailers, truck campers, camper vans, structures, or any other item used for the purpose of camping. 3. “Public right-of-way” means all real property (including property owned in fee or obtained through easement or dedication) administered by the city and which is used for transportation purposes, including streets, roads, bridges, alleys, sidewalks and boulevards, trails, paths, and other public ways. Sec. 2.08.210 – Camping Prohibited. Camping is prohibited on city owned property, easements granted to the city for any purpose, public rights-of-way regardless of the legal status of the right-of-way, and on property leased by the city. In limited circumstances permits to camp may be approved pursuant to 26.02.050 and this article. Sec. 2.08.220 - Permit Required for Camping on Public Right-of-Way. A. Permits. 331 1. The city manager is authorized to issue and revoke permits to camp on the public right- of-way. The city manager may adopt administrative rules to implement a permit system for persons experiencing homelessness to camp on constructed streets within a right of way. The administrative rules may include, but are not limited to, establishing permit eligibility requirements, location requirements, conditions for permit compliance, and procedures for revoking a permit. The city commission may establish a fee for permits by resolution. 2. A person experiencing homelessness may apply for a permit to camp on a street within a public right-of-way. The granting of a permit to camp establishes a privilege to use the right-of-way for the purpose stated in the permit. 3. Permits may be issued for only the following camp facilities: vehicles as defined in 36.01.020 and recreational vehicles designed for use as temporary living quarters or camping, motor homes, camping trailers, tent trailers, truck campers, and camper vans. 4. The city manager may designate streets open to permitted camping that comply with the place restrictions in this article. The city manager may close public streets that may otherwise be open to permitted camping after posting a 72-hour notice. 5. A permit to camp shall not exceed 30 days. Renewals will be considered on a case-by- case basis. B. In addition to any administratively adopted rules, camping permits are prohibited in the follow locations: 1. Adjacent to or immediately across from any parcel or lot containing a residential dwelling including lots or parcels with multi-household dwellings; 2. Within 100 feet of a public entrance of any commercial business or non-profit organization; 3. Adjacent to or immediately across from the boundary of any public park, or public or private cemetery; 4. Adjacent to or immediately across from any parcel or lot containing any public or private school, including secondary, elementary, or preschool, or any lot or parcel containing a daycare; 5. Any location in violation of any posted parking signs or painted curbs prohibiting parking or otherwise limiting the hours of parking, including signed street closures; 6. Within a bike lane, street median, sidewalk, or public pathway or trail; and 7. Within 50 feet of a waterway, wetland, or other sensitive lands. C. In addition to any administratively adopted rules, permitted campers must comply with the following: 1. All permitted camp facilities that are vehicles or were originally designed to be driven under their own power, must be operational capable of being started and driven under their own power. All permitted camp facilities that were originally designed to be towed must be capable of being towed and the permittee must have the means to tow the camp facility upon demand of the city; 332 2. All camp facilities and their immediate area must be maintained in a clean and orderly manner. A clean and orderly manner includes, but is not limited to, all waste, debris and trash must be in a container and personal items, when not actively being used, must be stored inside a camp facility; 3. No waste, sewage, debris, trash, personal items, or additional vehicles or trailers may be discarded of or stored in the right of way; 4. No fires are permitted within the public right-of-way; and 5. Only generators rated not to exceed 60 decibels are permitted to be operated on the right-of-way. Generators must be stored and located on a paved surface. Fuel must be in containers designed for the fuel stored therein. Sec. 2.08.230 Violation and Penalty; Abatement. A. A violation of 2.08.210 is a misdemeanor punishable by a fine not to exceed $500 or by a term of imprisonment in the county jail not to exceed 10 days, or both. Each day a violation occurs constitutes a separate offense. B. A person who is granted a permit to camp on the right-of-way and fails to comply with any provision 2.08.220 shall be guilty of a misdemeanor punishable by a fine not to exceed $100. Each day a violation occurs constitutes a separate offense. C. Any person, or principal of a company or entity that directly or indirectly rents, sublets, provides, or exchanges for a service, a camp facility to a person to reside on the public right-of-way shall be guilty of a misdemeanor by a fine not to exceed $500 or by a term of imprisonment in the county jail not to exceed 10 days, or both. Each day a violation occurs constitutes a separate offense. D. The city may abate or cause to be abated any unpermitted camp facility, property, or other personal items in the public right-of-way by conspicuously posting a 72-hour notice of abatement. After the 72-hour notice period, any items remaining will be considered abandoned and subject to disposal. No notice is required to abate waste, debris, trash, or abate a condition impeding traffic or when the condition poses an imminent risk to public health or safety. E. The city may abate or cause to be abated any permitted or unpermitted camp facility being used for camping in a location prohibited by 2.08.220 B after posting a notice on or near the camp facility for at least 24 hours prior to removal. No notice is required if the camp facility is impeding traffic or poses an imminent risk to public health or safety. F. The city may seek the costs of abatement including the costs of towing and impoundment be assessed against the owner as restitution in criminal case or as part of a judgement in a civil proceeding. G. This article may be enforced by any city law enforcement officer or code enforcement officer. Determinations regarding abatement or emergency removal without notice shall be made by the director of transportation and engineering or the director of parks and recreation, as appropriate. 333 Section 4 That Chapter 26 Article 2 Section 26.02.030 A of the Bozeman municipal Code be amended as follows: Sec. 26.02.030. Park prohibitions. A. It is unlawful for any person in a park or in or adjacent to a recreational facility to: 1. - 15. … 16. Camp outside of the authorized park hours established pursuant to 26.02.200 without first obtaining a reservation permit pursuant to this article. Camping overnight in a park or in or adjacent to a recreational facility is punishable by 2.08.230; 17. – 27. … Section 5 Sunset. Section 2.08.220 and Sections 2.08.230 B and E shall expire on October 1, 2025. A permit issued and effective prior to October 1, 2025, remains effective for the duration of the permit. In no event will camping be permitted after November 1, 2025. The City Attorney may issue a codification order removing the above from the Bozeman Municipal Code. Section 6 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 7 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. 334 Section 8 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 9 Codification. The provisions of Section 3 shall be codified as appropriate in Chapter 2, Article 8 of the Bozeman Municipal Code. The provision of Section 4 shall be codified as appropriate in Chapter 26 Article 2 of the Bozeman Municipal Code. Section 10 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 8th day of October 2024. ____________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk 335 336 Memorandum REPORT TO:City Commission FROM:Anna Saverud SUBJECT:Resolution 5650: Resolution Establishing the Fee for a Permit to Camp on the Right-of-Way. MEETING DATE:October 8, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to adopt Resolution 5650, establishing the fee for a permit to camp on the right-of-way. STRATEGIC PLAN:3.2 Health & Safety Action: Work with our partners to improve education, public awareness, and to coordinate programs concerning emergency services, criminal justice, and important social services. BACKGROUND:Should the City Commission adopt Ordinance 2172 that provides for the creation of a limited permit system for camping on the right of way and allows the Commission to set a fee for such permit, the Commission will consider Fee Resolution 5650. The recommended fee for a 30 day permit to camp on the right-of-way is $25. This number is based on the rate for a 65 gallon garbage tote which will be provided to campers to help limited the environmental impact. UNRESOLVED ISSUES:None ALTERNATIVES:The Commission may decide to not assess a fee for a permit to camp on the right of way; or reduce or increase the proposed fee. FISCAL EFFECTS:This fee resolution is an attempt to recover some of the cost associated with permitting campers on the right of way. Attachments: RESOLUTION 5650 fee for ROW camping permit.pdf Report compiled on: September 27, 2024 337 Version February 2023 RESOLUTION 5650 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE FEE FOR A PERMIT TO CAMP ON THE RIGHT- OF-WAY PURSUANT TO ORDINANCE 2172. WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and Montana law to establish programs and laws to protect public health, safety and welfare of the residents of Bozeman; and WHEREAS, the City is authorized under Ordinance No. 2172 to issue permits and collect fees for a permit to camp on the public-right-of-way; WHEREAS, pursuant to §7-6-4013 Mont. Code Ann., when the City is authorized to set a fee, the fee must be reasonable and related to the cost of providing the service; WHEREAS, the Commission finds that it is necessary for public health and to protect against negative environmental impacts that each permittee camping on the public right-of-way have a trash receptacle and trash service; and WHEREAS, a city garbage service customer pays $25.70 per month for a 65 gallon tote and service; and WHEREAS, notice of this resolution was published pursuant to state law; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: for the purposes of partial cost recovery, the fee for a permit to camp on the public right-of-way, shall be $25.00. The fee is assessed on as part of the initial issuance of a permit and assessed at each time of renewal. The appropriate authority is hereby authorized and directed to collect this fee for permit services rendered on behalf of the City; and the City Clerk is authorized and directed to attest such signature. This resolution is effective immediately. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of 338 Version February 2023 Bozeman, Montana, at a regular session thereof held on the 8th day of October 2024. ___________________________________ Terence Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 339 August 19, 2024 Paula Gilbert Property Assessment Division Montana Department of Revenue RE: Taxable Value for the 2024 Tax Year Dear Paula, Thank you for your letter dated 8/15/24 explaining the causes behind the decrease in certified taxable value for the 2024 tax year for jurisdictions within Gallatin County. We sincerely appreciate the Department of Revenue’s efforts during a time period where property tax fatigue and angst is elevated statewide. The impact of the failure to fully capture new construction in our certified values will have a significant impact on our jurisdictions taxpayers, property tax revenues, and budgets. If taxes are levied based on these incorrect certified values, existing property owners are likely to pay higher tax bills while newly taxable properties may avoid payments until 2025. Doing so will also cause revenue shortfalls for some jurisdictions, which may result in a lower level of service to the communities. These impacts are not acceptable to our elected officials, administrators, and constituents. We take these tax implications very seriously. While we truly appreciate your work over the last year in developing certified values, we would like to formally request your support and collaboration in an effort to correct our newly taxable values in advance of tax bills being mailed in October. We appreciate your willingness to meet with us and look forward to continued collaboration in working toward the fair treatment of our jurisdictions taxpayers. Sincerely, _______________________________ Chuck Winn, City Manager City of Bozeman _______________________________ Casey Bertram, Superintendent Bozeman School District _______________________________ Jim Doar, County Administrator Gallatin County _______________________________ Neil Cardwell, City Manager City of Belgrade _______________________________ Dede Semerad, Superintendent Belgrade School District Docusign Envelope ID: 055201A0-1C7F-469F-BFE0-E641A897F628 320340 Grant # (issued by City Clerk) Grant Name Grant Project Manager Department Person Responsible for Financial Reporting Person Responsible for Performance Reporting & Close Out *Note: this person is also reseponsible for record retention requirements. Grant Source Federal State Other CDFA # (Federal Only)Fiscal year of award Grant Amount Included in Budget? Match Requirement (%)Budget Account Code Match Amount Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur. Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses? Desctibe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?): Process Phase / Signature Matrix City Clerk Commission Date Notice of Intent Application Award/Contract City Manager City of BozemanGrant Routing Form Department Director (I understand and will carry out the provisions of the grant) Finance Director Grant Routing Form May 2023 Describe the nature of the grant and eligible uses: FY25 Missouri River Drug Task Force Grant Jim Veltkamp/Andy Knight Police Jamie Grabinski Andy Knight -performance/Jamie Grabinski -close out 16.738 2025 81,026.56 Yes 30.00%125-3040-421. $ 34,725.56 Yes No This is a sub-recipient grant agreement with Gallatin County Missouri River Drug Task Force. The grant covers a portion of regular salaries and benefits for two police officers. The grant requires quarterly financial reports and is a cost reimbursement grant. Reports are submitted via email to the MRDTF administrative assistant and the GCSO financial manager. n/a n/a n/a n/a -- n/a n/a n/a n/a -- Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 2024-05 10/08/2024 85341 FACE SHEET 25-G01-2010 CONTRACT NUMBER: SUBRECIPIENT NAME/ADDRESS: City of Bozeman PO BOX 1230 BOZEMAN, MT 59715 TOTAL BUDGET: $231,505.01 BOZEMAN CITY MBCC BUDGET: $115,752.12 BOZEMAN CITY LOCAL MATCH: $34,725.56 BOZEMAN CITY MBCC AWARD: $81,026.56 TOTAL CONTRACT AMOUNT: $115,752.12 SUBRECIPIENT CONTACT INFO: Jim Veltkamp CHIEF OF POLICE 406-582-2000 PROGRAM CONTACT INFO: CPT. Nathan Kamerman 677 LAURA LOUISE LANE BOZEMAN, MT 59718 406-582-2110 FISCAL CONTACT INFO: Drew Ellis 677 LAURA LOUISE LANE BOZEMAN, MT 59718 406-582-2069 CONTRACT START DATE: 07/01/2024 CONTRACT END DATE: 06/30/2025 FUNDING AUTHORITY: MONTANA BOARD OF CRIME CONTROL - US DEPARTMENT OF JUSTICE - FEDERAL FUNDING CFDA NUMBERS(s): 16.738 CFDA TITLE(S): EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PURPOSE: Provide local and tribal governments with U.S. Department of Justice, Bureau of Justice Assistance funds to interdict gang and drugs through the multi-jurisdictional efforts of law enforcement and prosecution. MBCC Grant Award 23-G01-1345. EXHIBITS (specify): Exhibits A, B, C, & D MBCC Special Conditions This Contract contains all of the terms and conditions agreed upon by the parties and all documents attached or incorporated by reference, include Basic Interagency Agreement or its successor. No other understandings or representations, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Contract and have authority to enter into this Contract. CONTRACTOR BOARD OF COUNTY COMMISSIONERS Chuck Winn, City Manager Date Zach Brown, Chairman Date Rev. 10/16 Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 9/18/2024 86342 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 EXHIBIT "A" GENERAL TERMS AND CONDITIONS In consideration of the covenants, conditions, performances, and provisions hereinafter contained, the parties hereto agree as follows: Definitions: The words and phrases listed below, as used in the Contract, shall have the following definitions: • "Contract" means this Contract and the Contractor Contract on General Terms and Conditions and any Exhibits and other documents attached or incorporated by reference. • "CFR" means Code of Federal Regulations. All references in this Contract to CFR chapters or sections shall include any successor, amended, or replacement regulation. The CFR may be accessed at http://www.gpoaccess.gov/cfr/index.html. • "Debarment" means an action taken by a federal official to exclude a person or business entity from participating in transactions involving certain federal funds. • General Terms and Conditions" means the contractual provisions contained within this Contract, which govern the contractual relationship between the County and the Contractor, under this Contract. • "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. • "Principals," which includes officers, members of the Board of Directors, owner(s), or other person(s) with management or supervisory responsibilities relating to the transaction. • "MCA" means the Montana Code Annotated. All references in this Contract to MCA chapters or sections shall include any successor, amended, or replacement statute. • "Subcontract" means a separate contract between the Contractor and an individual or entity ("Subcontractor") to perform all or a portion of the duties and obligations that the Contractor shall perform pursuant to this Contract. • "USCA" means United States Code Annotated. All references to USCA chapters or sections in this Contract shall include any successor, amended, or replacement statute. The USCA may be accessed at http://www.gpoaccess.gov/uscode/index.html. Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 87343 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 1. Amendment: This Contract, or any term or condition, may only be modified in writing and signed by both parties. Only personnel authorized to bind each of the parties shall sign an amendment. 2. Assignment: Except as otherwise provided herein, the Contractor shall not assign rights or obligations derived from this Contract to a third party without the prior, written consent of the County and the written assumption of all of the Contractor's obligations in this Contract by the third party. 3. Billing Limitations: Contractor shall maintain a written record of expenses and submit quarterly invoices detailing expenses for reimbursement to: Gallatin County Sheriff’s Office, 615 South 16th Avenue, Bozeman, MT 59715. The County shall pay the Contractor within 45 days after receiving an invoice and proper supporting documentation. All billings must be received no later than 7 days after the close of the quarter/contract to be considered for payment. The decision to approve or deny payment of claims for services submitted after more than 60 days shall rest solely with the County and the County’s decision shall be final and not capable of right to appeal. 4. Circulars "COMPLIANCE MATRIX": The following Compliance Matrix identifies the OMB Circulars that contain the requirements, which govern expenditure of federal funds. These requirements apply to the primary recipient of federal funds, and then follow the funds to the subrecipients. The federal Circulars, which provide the applicable administrative requirements, cost principles and audit requirements, are identified by subrecipient organization type. COMPLIANCE MATRIX Federal Uniform Guidance Title 2 CFR Subpart F ENTITY TYPE ADMINISTRATIVE REQUIREMENTS COST PRINCIPLES AUDIT REQUIREMENTS State, Local and Indian Tribal Governments & Governmental 2 CFR part 200 2 CFR Part 200 2 CFR Part 200 F 5. Compliance with Applicable Law: At all times during the term of this Contract, the Contractor and the County shall comply with all applicable federal, state, and local laws, regulations, and rules, including, but not limited to, non-discrimination laws and regulations. Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 88344 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 6. Confidentiality: The parties shall use Personal Information and other confidential information gained by reason of this Contract only for the purpose of this Contract. The County and the Contractor shall not disclose, transfer, or sell any such information to any other party or in the case of Personal Information, except as provided by law or with the prior written consent of the person to whom the Personal Information pertains. The parties shall maintain the confidentiality of all Personal Information and other confidential information gained by reason of this Contract and shall return or certify the destruction of such information if requested in writing by the party to this Contract that provided the information 7. Debarment Certification: The Contractor, by signature to this Contract, certifies the Contractor, its Principles and any Subcontractors are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (debarred). The Contractor also agrees to include the above language notification requirement in any and all Subcontracts into which it enters. The Contractor shall immediately notify the County if, during the term of this Contract, the Contractor, its Principles or Subcontractors becomes debarred. The County may immediately terminate this Contract by providing the Contractor written notice if the Contractor becomes debarred during the term of this Contract. 8. Disputes: A Dispute Board shall determine Disputes between the parties in the following manner: Each party shall appoint one member to the Dispute Board. The members appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Contract terms, and applicable statutes and rules and make a determination. This process shall constitute the final administrative remedy available to the parties. Each party reserves the right to litigate issues and matters in court de novo. 9. Documentation for Reimbursement Requests: At the Contractor's first request for reimbursement, the Gallatin County Sheriff’s Office will require detailed back-up documentation for all expenditures. On subsequent invoices, the monthly activity report and a printout from the Contractor's accounting system listing the expenditures charged against the contract will be acceptable. All back-up documentation must be available to the County and all other auditors, upon request. Reimbursement of expenditures for staff time spent on more than one source will require timesheets reflecting hours charged to the contract. 10. Entire Contract: This Contract, including all documents attached to or incorporated by reference; contain all the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind the parties. 11. Governing Law, Venue, and Jurisdiction: This Agreement shall be governed by the laws of the State of Montana. Any action to enforce this Agreement shall be brought in the District Court of the Eighteenth Judicial District, Gallatin County, Montana. Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 89345 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 12. Independent Status: For purposes of this Contract, the Contractor acknowledges that the Contractor is not an officer, employee, or agent of the County. The Contractor shall not hold out itself or any of its employees as, nor claim status as, an officer, employee, or agent of the County. The Contractor shall not claim for itself or its employees any rights, privileges, or benefits, which would accrue to an employee of the County. The Contractor shall indemnify and hold harmless the County from all obligations to pay or withhold federal or state taxes or contributions on behalf of the Contractor or the Contractor's employees. a. The parties agree that, for the purposes of this Contract, the Contractor is an independent contractor and neither the Contractor nor any employee of the Contractor is an employee of the County. Neither the Contractor nor any employee of the Contractor is entitled to any benefits that Gallatin County provides its employees. The Contractor is solely responsible for payment of any statutory workers compensation or employer's liability insurance as required by state law. 13. Inspection: Either party may request reasonable access to the other party's records and place of business for the limited purpose of monitoring, auditing, and evaluating the other party's compliance with this Contract and applicable laws and regulations. During the term of this Contract and for one year following termination or expiration of this Contract, upon receiving reasonable written notice, the parties shall provide the other party with access to its place of business and to its records, which are relevant to its compliance with this Contract, and applicable laws and regulations. This provision shall not be construed to give either party access to the other party's records and place of business for any other purpose. Nothing herein shall be construed to authorize either party to possess or copy records of the other party. 14. Insurance: The CONTRACTOR certifies that it shall carry comprehensive general liability insurance in the amount no less than $1,500,000.00 for each occurrence; Automobile Liability in the amount of $1,500,000.00 combined single limit; Professional Liability or Errors and Omissions coverage in the amount of $1,500,000.00. All insurance policies shall be primary and noncontributory and shall name Gallatin COUNTY as additional insured. Such certificate shall require no less than 15 days notice of cancellation to COUNTY. CONTRACTOR shall put COUNTY on immediate notice of any changes or cancellation in coverage. CONTRACTOR shall require all consultants, and subcontractors to meet the same insurance coverage. During the term of the contract, the Contractor shall maintain in force, at its expense, insurance as noted below. There shall be no cancellation, material change, reduction in limits or intent not to renew the insurance coverage(s) without 30 days written notice from the contractor or its insurer(s) to the participating agencies. Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 90346 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 15. Condition Precedent Delivery of Documents: Certificate of Insurance/Workers Compensation/Independent Contractor Status: As a condition precedent to this agreement binding the parties, on or before execution of this agreement CONTRACTOR shall deliver to the COUNTY original or certified copies of the Certificate of Insurance, Certificate of Workers Compensation Coverage, Independent Contractors License, and any other documents required. CONTRACTOR shall cooperate in good faith and shall deliver, upon request, such other and further documents as may be reasonably required to determine CONTRACTOR’s strict compliance with the required insurance, Workers Compensation coverage and independent CONTRACTOR status and the terms and conditions of this agreement. 16. Maintenance of Records: During the term of this Contract and per state law for seven years following termination or expiration of this Contract, both parties shall maintain records sufficient to: a. Document performance of all acts required by law, regulation, or this Contract; b. Demonstrate accounting procedures, practices, and records that sufficiently and properly document the Contractor's invoices to the County and all expenditures made by the Contractor to perform as required by this Contract. c. For the same period, the Contractor shall maintain records sufficient to substantiate the Contractor's statement of its organization's structure, tax status, capabilities, and performance. 17. Nondiscrimination: The Contractor agrees that it shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, sexual orientation, age, marital status, political affiliation or belief, or the presence of any sensory, mental or physical handicap pursuant to the Americans with Disabilities Act (42 USC 12101 et seq.) In the event the Contractor violates this provision, the County may terminate this Contract immediately and bar the Contractor from performing any services for the County in the future. 18. Order of Precedence: In the event of an inconsistency in this Contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence, in the following order, to: a. Applicable Federal and State of Montana statutes and regulations; Special Terms and Conditions of this Contract; This Contract. 19. Ownership of Material: Copyright in all material created by the Contractor and paid for by the County shall be the property of the State of Montana. Both County and Contractor may use these materials and permit others to use them, for any purpose consistent with their respective missions as part of the State of Montana. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the Contractor uses to Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 91347 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 perform this Agreement but is not created for or paid for by the County is owned by the Contractor or such other party as determined by Copyright Law and/or Contractor's internal policies. Contractor hereby grants the County a perpetual license to use this material for County internal purposes at no charge to the County, provided that such license shall be limited to the extent which the Contactor has a right to grant such a license. 20. Responsibility: Each party to this Contract shall be responsible for the negligence of its officers, employees, and agents in the performance of this Contract to the extent allowed by law. No party to this Contract shall be responsible for the acts and/or omissions of entities or individuals not party to this Contract. The County and the Contractor shall cooperate in the defense of tort lawsuits, when possible. Both parties agree and understand that this provision may not be feasible in all circumstances. The County and the Contractor agree to notify the attorneys of record in any tort lawsuit where both are parties if either the County or the Contractor enters into settlement negotiations. It is understood that the notice shall occur prior to any negotiations, or as soon as possible, and the notice may be either written or oral. 21. Severability: The provisions of this Contract are severable. If any court holds any provision of this Contract, including any provision of any document incorporated by reference, invalid, that invalidity shall not affect the other provisions this Contract. 22. Subcontracting: The Contractor may not subcontract the services to be provided under this Contract, unless requested and approved in writing by the Board of County Commissioners for Gallatin County or their assigns or unless otherwise specified in this Contract. If the County, the Contractor, and a subcontractor of the Contractor are found by a jury or trier of fact to be jointly and severally liable for personal injury damages arising from any act or omission from the contract, then the County shall be responsible for its proportionate share, and the Contractor shall be responsible for its proportionate share. Should the subcontractor be unable to satisfy its joint and several liability, the County and the Contractor shall share in the subcontractor's unsatisfied proportionate share in direct proportion to the respective percentage of their fault as found by the jury or trier of fact, to the extent allowed by law. Nothing in this term shall be construed as creating a right or remedy of any kind or nature in any person or party other than the County and the Contractor. This term shall not apply in the event of a settlement by either the County or the Contractor. 23. Subrecipients: a. General: If the Contractor is a subrecipient of federal awards as defined by the Code of Federal Regulations, 2 CFR Part 200, and this Contract, the Contractor shall: i. Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass- Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 92348 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 through entity; ii. Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; iii. Prepare appropriate financial statements, including a Schedule of Expenditures of Federal Awards; iv. Incorporate 2 CFR Part 200 audit requirements into all agreements between the Contractor and its Subcontractors who are subrecipients; v. Comply with any future amendments to 2 CFR Part 200 and any successor or replacement Circular or regulation; vi. Comply with the applicable requirements of applicable Circulars defined under Circulars "Compliance Matrix" found in item 5 of the General Terms and Conditions and any future amendments to them, and any successor or replacement Circulars or regulations; and vii. Comply with the Omnibus Crime Control and Safe Streets Act of 1968; Title VI of the Civil Rights Act of 1964; Victims of Crime Act (42 U.S.C.§ 10604(e)); Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5673(b)); Section 504 of the Rehabilitation Act of 1973; Title II of the Americans with Disabilities Act of 1990; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; The Department of Justice Nondiscrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G, and 28 CFR Part 35 and Part 39; Executive Order 13279 (equal protection of the law for faith-based and community organizations; and 28 C.F.R. Part 37 ((U.S. Department of Justice Regulations — Equal Treatment for Faith Based Organizations). (See www.oin.usdoi.gov/ocr for additional information and access to the aforementioned Federal laws and regulations.) 1. Single Audit Act Compliance: If the Contractor is a subrecipient and expends $750,000 or more in federal awards from all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: a. Submit to the County contact person, listed on the first page of this Contract, the data collection form and reporting package specified in 2 CFR Part 200, reports required by Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 93349 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor; i. Follow-up and develop corrective action for all audit findings; in accordance with 2 CFR Part 200, and prepare a "Summary Schedule of Prior Audit Findings." 24. Overpayments: If it is determined by the County, or during the course of the required audit, that the Contractor has been paid unallowable costs under this Contract, the County may require the Contractor to reimburse the County in accordance with appropriate applicable Circulars defined under Circulars "Compliance Matrix" found in item 5 of the General Terms and Conditions. 25. Survivability: The terms and conditions contained in this Contract, which by their sense and context, are intended to survive the expiration of this particular Contract shall survive. Surviving terms include, but are not limited to: Confidentiality, Disputes, Inspection, Maintenance of Records, Ownership of Material, Responsibility, Termination for Default, Termination Procedure, and Title to Property. 26. Termination Due to Change in Funding: If the funds upon which the County relied to establish this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the County may terminate this Contract by providing at least five business days written notice to the Contractor. The termination shall be effective on the date specified in the notice of termination. 27. Termination: Either party may terminate this Agreement by providing thirty (30) calendar days written notice sent by certified mail to the addresses listed on Page 1. If the Contractor fails to comply with the terms and conditions of this Agreement, the County may pursue such remedies as are legally available, including, but not limited to, the immediate termination of this Agreement. If this Agreement is terminated for any reason, County shall pay only for performance rendered or costs incurred in accordance with the terms of this Agreement and prior to the effective date of termination. 28. Title to Property: Title to all property purchased or furnished by the County for use by the Contractor during the term of this Contract shall remain with the County. Title to all property purchased or furnished by the Contractor for which the Contractor is entitled to reimbursement by the County under this Contract shall pass to and vest in the County. The Contractor shall take reasonable steps to protect and maintain all the County property in its possession against loss or damage and shall return the County property to the County upon Contract termination or expiration, reasonable wear and tear excepted. 29. Treatment of Client Property: Unless otherwise provided in this Contract, the Contractor shall ensure that any adult client receiving services from the Contractor under this Contract has unrestricted access to the client's personal property. The Contractor shall not interfere Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 94350 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 with any adult client's ownership, possession, or use of the client's property. The Contractor shall provide clients under age 18 with reasonable access to their personal property that is appropriate to the client's age, development, and needs. Upon termination or completion of this Contract, the Contractor shall promptly release to the client and/or the client's guardian or custodian all of the client's personal property. This section does not prohibit the Contractor from implementing such lawful and reasonable policies, procedures and practices as the Contractor deems necessary for safe, appropriate, and effective service delivery (for example, appropriately restricting clients' access to, or possession or use of, lawful or unlawful weapons and drugs). 30. Waiver: Waiver of any breach or default on any occasion shall not be deemed a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Contract unless amended as set forth in Section 2, Amendment. Only the Board of County Commissioners for Gallatin County has the authority to waive any term or condition of this Contract on behalf of the County. 31. Notices: Any demand, request or notice which either party desires or may be required to make or deliver to the other shall be in writing and shall be deemed delivered when personally delivered, or when delivered by private courier service (such as Federal Express), or three days after being deposited in the United States mail, in registered or certified format, return receipt requested, addressed as follows: Contractor: Chuck Winn- City Manager City of Bozeman 121 North Rouse Bozeman, MT 59715 County: Zach Brown County Commissioner 311 West Main Street, Room 306 Bozeman, MT 59715 Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 95351 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 EXHIBIT “B” SPECIAL TERMS AND CONDITIONS 1. Acknowledgement of Federal Funding: The contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Agreement, shall contain the following statement: "This project was supported by Grant No. 23-G01-1345 awarded by the Montana Board of Crime Control (MBCC) through the office of Justice Programs, US Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the US Department of Justice.” 2. Agreement Management: The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement, The Representative for Gallatin County and their contact information are identified on the Face Sheet of this Agreement. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Agreement. 3. Compensation: Gallatin County shall pay an amount not to exceed that specified in MBCC Award box of this Agreement's Face Sheet for the performance of all things necessary for or incidental to the performance of work as set forth in the Statement of Work. Contractor's compensation for services rendered shall be based on the following rates or in accordance with the following terms: 4. Billing Procedures And Payment: a. Gallatin County will pay the Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the County, not more often than quarterly. b. Invoices shall describe and document, to County’s satisfaction, a description of the work performed the progress of the project, and fees. The invoice shall include the Agreement reference number specified on the upper-right corner of each page of this Agreement. c. Payment shall be considered timely if made by County within forty-five (45) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. d. Gallatin County may, in its sole discretion, terminate the Agreement or withhold payments claimed by the Contractor for services rendered if the Contractor fails to Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 96352 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 satisfactorily comply with any term or condition of this Agreement. e. No payment in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by Gallatin County. f. The Contractor shall not bill the County for services performed under this Agreement, and the County shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. g. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization. h. Gallatin County is responsible for the oversight and monitoring of your subgrant award in accordance with all applicable statues, regulations, and guidelines. As a subrecipient, you are required to direct questions concerning your subgrant or requests for changes to Gallatin County. Do not contact the MBCC or the federal grantor. 5. Insurance: The Contractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect Gallatin County should there be any claims, suits, actions, costs, damages, or expenses arising from any loss or negligent or intentional act or omission of the Contractor or Subcontractor, or agents of either, while performing under the terms of this Agreement. The insurance required shall be issued by an insurance company authorized to do business within the state of Montana. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the Gallatin County, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Contractor shall instruct the insurers to give Gallatin County thirty (30) calendar days advance notice of any insurance cancellation, non-renewal, or modification. The Contractor shall submit to the County within fifteen (15) calendar days of the Agreement start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Agreement, the Contractor shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. a. The Contractor shall provide insurance coverage that shall be maintained in full force and effect during the term of this Agreement, as follows: i. Commercial General Liability Insurance Policy: Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Agreement activity but no less than $1,500,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. ii. Automobile Liability: In the event that performance pursuant to this Agreement Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 97353 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 involves the use of vehicles owned or operated by the Contractor or its Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,500,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. iii. Professional Liability, Errors, and Omissions Insurance: The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum limits of no less than $1,500,000 per occurrence to cover all activities by the Contractor and licensed staff employed or under contract to the Contractor. Gallatin County, its agents, officers, and employees shall be named as additional insured under this policy. b. Fidelity Insurance: Every officer, director, employee, or agent who is authorized to act on behalf of the Contractor for the purpose of receiving or depositing funds into program accounts, or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: i. The amount of fidelity coverage secured pursuant to this Agreement shall be $100,000 or the highest of planned reimbursement for the Agreement period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name Gallatin County as beneficiary. ii. Subcontractors that receive $10,000 or more per year in funding through this Agreement shall secure fidelity insurance as noted above. Fidelity insurance secured by Subcontractors pursuant to this paragraph shall name the Contractor as beneficiary. iii. The Contractor shall provide, at Gallatin County’s request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that Gallatin County will be provided thirty (30) days advance written notice of cancellation. c. Additional Provisions: Above insurance policy shall include the following provisions: i. Additional Insured. The state of Montana, Gallatin County, its elected and appointed officials, agents, and employees shall be named as an additional insured on all general liability, excess, umbrella, and property insurance policies. All insurance provided in compliance with this Agreement shall be primary as to any other insurance or self- insurance programs afforded to or maintained by the State. ii. Identification. The policy must reference Gallatin County’s Grant Agreement number and the Montana Board of Crime Control Agency name. iii. Insurance Carrier Rating. All insurance and bonds should be issued by companies admitted to do business within the state of Montana and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports. Any exception shall Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 98354 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 be reviewed and approved by Gallatin County’s Risk Manager, or the Risk Manager for the State of Montana, before the Agreement is accepted or work may begin. iv. Excess Coverage. By requiring insurance herein, Gallatin County does not represent that coverage and limits will be adequate to protect the Contractor and such coverage and limits shall not limit the Contractor's liability under the indemnities and reimbursements granted to the County in this Agreement. 6. Local Government Contractors that Participate in a Self-Insurance Program: Self-Insured/Liability Pool or Self-Insured Risk Management Program — with prior approval from Gallatin County, the Contractor may provide the coverage above under a self- insured/liability pool or self-insured risk management program. In order to obtain permission from Gallatin County, the Contractor shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: (1) Governmental Accounting Standards Board (GASB), (2) Financial Accounting Standards Board (FASB), and (3) the Montana State Auditor's annual instructions for financial reporting. Contractor's participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Montana, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. Contractors shall provide annually to Gallatin County a summary of coverages and a letter of self insurance, evidencing continued coverage under the Contractor's self- insured/liability pool or self-insured risk management program. Such annual summary of coverage and letter of self insurance will be provided on the anniversary of the start date of this Agreement. 7. Federal Non-Discrimination Requirements: The Contractor will comply with any applicable federal non-discrimination requirements, which may include: • the Omnibus Crime Control Act and Safe Streets Act of 1968 (42 U.S.C. § 3789d); • the Victims of Crime Act (42 U.S.C. § 10604(e)); • the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); • the Civil Rights Act of 1964 (42 U.S.C. § 2000(d)); • the Rehabilitation Act of 1973 (29 U.S.C. § 794); • the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34); • the Education Amendments of 1972 (20 U.S.C. §§ 1681,1683,1685-86); • the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); • 28 C.F.R. Part 42 (U.S. Department of Justice Regulations – Non-discrimination, Equal Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 99355 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 Employment Opportunity, Policies and Procedures); • Executive Order 13279 (equal protection of the law for faith-based and community organizations); and • 28 C.F.R. Part 37 (U.S. Department of Justice Regulations — Equal Treatment for Faith- Based Organizations). • The Contractor shall further comply with Federal law prohibiting grant recipients from retaliating against individuals taking action or participating in action to secure rights protected by federal law. • The Contractor is required to ensure compliance with this requirement by any Subcontractor receiving funding from a grant supported with U.S. Department of Justice funds. a. Notification of Findings or Discrimination or Non-Compliance: In the event a state or federal court or a state or federal administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, age, disability, or sex against the Contractor receiving grant funds, the Contractor will forward a copy of the finding to the U.S. Department of Justice, Office of Justice Programs, Office of Civil Rights (OCR) and Gallatin County. The Contractor shall include a statement clearly stating whether or not the finding is related to any grant activity supported with a grant in which U.S. Department of Justice Funds are involved, and identify all open grants utilizing U.S. Department of Justice funding, by Contract number and program title. b. Equal Employment Opportunity Program (EEOP): The Contractor will determine whether it is required to formulate an Equal Employment Opportunity Program (EEOP), in accordance with 28 C.F.R. 42.301 et.seq. If the Contractor is not required to formulate an EEOP, it will submit a certificate form to the U.S. Department of Justice, Office of Justice Programs, Office of Civil Rights (OCR), and Gallatin County indicating that it is not required to develop an EEOP. If the applicant is required to develop an EEOP, but not required to submit the EEOP to the OCR, the applicant will submit a certification to the OCR and Sheriff certifying that it has an EEOP on file which meets the applicable requirements. If the Contractor is awarded a grant of $500,000 or more, and has 50 or more employees, it will submit a copy of its EEOP to the OCR and Gallatin County. Non-profit organizations, federally recognized Indian Tribes, and medical and educational institutions are exempt from the EEOP requirement, but are required to submit a certification form to the OCR to claim the exemption. A copy of the certification form will also be submitted to Gallatin County. Information about civil rights obligations of grantees can be found at http://www.oip.usdoj.gov/about/ocrieeopcomply.htm. Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 100356 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 c. Limited English Proficiency: To ensure compliance with the Omnibus Crime Control and Safe Streets Act of 1968 and Title VI of the Civil Rights Act of 1964, grant recipients must take reasonable steps to ensure that Persons with Limited English Proficiency have meaningful access to services and legal protections. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. Assistance in understanding grant recipient's obligations under the law may be found in the Department of Justice's Guidance to Federal Financial Assistance Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficiency Persons (LEP Guidance), which can be found at 67 Fed. Reg. 41455 (June 18, 2002). Additional assistance regarding LEP obligations and information may be found at www.lep.gov. 8. Crime Data Reporting: The agencies named within the inter-agency MOU submitted with the application shall report accurate and timely crime data, including all drug task force crime data in accordance with the Montana Board of Crime Controls’ Crime Reporting Policy (S-02) 9. Order of Precedence: In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order: • Applicable Federal and State of Montana statutes and regulations • Exhibit A – General Terms and Conditions • Exhibit B – Special Terms and Conditions • Exhibit C – Scope of Work • Exhibit D – Budget Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 101357 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 EXHIBIT "C" SCOPE OF WORK The purpose of the Byrne Justice Assistance Grant (JAG) Gang-Drug Task Force Program is to reduce the availability, use, and trafficking of illegal drugs, guns, and the profit of criminal gang and drug organizations by working cooperatively to identify, interdict, dismantle, and prosecute targeted gang and drug-trafficking organizations. JAG Task Forces work across local, state, and federal jurisdictions to dismantle or disrupt mid-to upper-level criminal organizations to make communities safer and healthier by reducing drug availability and organized crime. The contractor will implement the JAG Gang-Drug Task Force Program as specified in the Gallatin County Missouri River Drug Task Force FY 2023 award for Byrne JAG Gang-Drug Task Force Program funding, and in compliance with the Assurances and Certifications made in conjunction with that award. Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 102358 M R D T F – B o z e m a n P o l i c e D e p a r t m e nt 0 7 / 0 1 / 2 0 24-0 6 / 3 0 / 2 0 2 5 EXHIBIT “D” BUDGET AGENCY CONTRACT SERVICES TOTAL BUDGET MBCC BUDGET MBCC MATCH LOCAL MATCH Wages & Benefits $231,505.01 $115,752.12 $ 81,026.56 $ 34,725.56 Overtime $ 0 $ 0 $ 0 $ 0 Total $ 231,505.01 $ 115,752.15 $ 81,026.56 $ 34,725.56 The Justice Assistance Grant funds provided through this grant are from the normal congressional appropriations for the US Department of Justice, and are not from appropriations made under authority of the American Recovery and Reinvestment Act of 2009. Please submit quarterly bills within the month following service delivery with back-up documentation to: Gallatin County Sheriff’s Office 677 LAURA LOUISE LANE BOZEMAN, MT 59718 c/o Drew Ellis * BUDGET LINE ITEM ADJUSTMENTS: The Contractor may request that the budget be adjusted up to 5% of the total annual contract amount between line items of cost based on written request from the contractor and written approval from the County. Adjustments must be within existing line items in the contract for items already deemed necessary to the project. Docusign Envelope ID: CDEF88CB-61C5-43CC-8F38-AB2115D542B5 103359 Grant Instructions and Grant Routing Form To ensure appropriate use, consistency and tracking of grants use this set of general instructions and Grant Routing Form are provided. All grants regardless of amount are required to be approved by The City of Bozeman Commission prior to receiving the grant award. Step One: Giving Notice of Intent to Apply Give notice of your intent to apply for the grant by submitting the Grant Routing Form. Submit the form via DocuSign* to the appropriate supervisor (typically department Director) and the Finance Director. Save a copy of the submittal. The grant tracking number field can be left blank until the grant is awarded. Per Administrative Order 2014-01 the City Manager and City Commission are required to be notified within 30 days of all grant applications exceeding $20,000. Step Two: Obtain Grant Tracking Number for Awarded Grants Once a grant is awarded, contact the City Clerk’s office at 406-582-2030 to request a grant tracking number. The official grant acceptance is contingent on City Commission approval. Step Three: Re-Route for Final Signatures Insert the grant tracking number on the Grant Routing Form and reroute the form via *DocuSign for signatures. Step Four: Commission Approval Work with Division Director, City Manager, and the City Clerk to get the awarded grant prepared for City Commission approval. If you need assistance in reviewing the grant terms, contact the City Attorney’s Office to request a review of the grant terms before placing the item on the Consent agenda. All agreements require City Commission authorization regardless of dollar amount. Agreements will be retained by the City Clerks’ Office. *Each Division has staff assigned with DocuSign access. Using a single DocuSign “envelope” will allow the same tracking form to move through the steps of the process and the signature matrix. Reach out to the City Clerk’s Office for initial assistance sending your envelope. Grant Not Awarded: If your application is NOT awarded, the application materials must be retained by the applying department in accordance with Records Retention Schedule 8. Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 43360 Grant # (issued by City Clerk) Grant Name Grant Project Manager Department Person Responsible for Financial Reporting Person Responsible for Performance Reporting & Close Out *Note: this person is also reseponsible for record retention requirements. Grant Source Federal State Other CDFA # (Federal Only)Fiscal year of award Grant Amount Included in Budget? Match Requirement (%)Budget Account Code Match Amount Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur. Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses? Desctibe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?): Process Phase / Signature Matrix City Clerk Commission Date Notice of Intent Application Award/Contract City Manager City of BozemanGrant Routing Form Department Director (I understand and will carry out the provisions of the grant) Finance Director Grant Routing Form May 2023 Describe the nature of the grant and eligible uses: Branch Out Bozeman: Tree Canopy Mapping Tools Alex Nordquest Parks & Rec (Forestry Div) Alex Nordquest Alex Nordquest FY24 9968.00 Yes 300.00%112-7710-454-20-99 $ 66,300.00 No No This grant is available through MT Dept of Natural Resources, Urban & Community Forestry to fund development of Urban Forestry Programs. Our application seeks funding to develop tree canopy mapping tools for our volunteer/community engagement initiative, Branch Out Bozeman. Eligibile uses include the direct purchase of tools & equipment, and contracted services. The 3:1 match requirement is readily covered by staff hours from Forestry & GIS, as well as allocated Forestry Budget to develop Branch Out Bozeman. There will be a one-time followup report, submitted online, at the conclusion of the 24 month project period (tentatively starting May 2024). Receipts will be copied for contracted services and staff hours dedicated to this project will be recorded on a grant match form. No grant routing form completed No grant routing form completed No grant routing form completed No form completed No grant routing form completed No grant routing form completed No grant routing form completed No form completed Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 10/08/2024 44361 FY24 DNRC Forestry Subaward Page 1 of 13 Subaward Agreement Number: UCF-24-106 Maximum Award Amount Available: $ 9,968.00 Source of Funds: Federal Award Federal Assistance Listing Number: 10.664, Cooperative Forestry Assistance Federal Award Identification: USDA USFS Grant # 23-DG-11010000-040 Consolidated Forestry Programs Grant Urban & Community Forestry, Forest Stewardship, Forest Health, State and Volunteer Fire Capacity and Landscape Scale Restoration; executed on 8/24/2023, from the United States Department of Agriculture (USDA) – Forest Service (USFS) Federal Authority: Cooperative Forestry Assistance Act of 1978, Public Law 95-313, as amended DNRC Funding Pass-Through Org: 5114624 Fund: 03164 Subclass: 555YY Expiration: See Section 2.1, Period of Performance Approvals Drafter Program Fiscal Legal JF JK LP MP SUBRECIPIENT Name: City of Bozeman Federal Tax ID #: 81-6001238 UEI: EEAPKALAEM35 Address: 121 N Rouse Avenue City, State, Zip+4: Missoula, MT 59715-3740 This Subaward Agreement, hereinafter referred to as “Subaward”, is accepted by City of Bozeman, hereinafter referred to as the “Subrecipient”, according to the following terms and conditions. The purpose of this Subaward is to establish mutually agreeable terms and conditions, specifications, and requirements to grant funds to the Subrecipient. SUBAWARD AGREEMENT between CITY OF BOZEMAN and the MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 45362 FY24 DNRC Forestry Subaward Page 2 of 13 SECTION 1. PROGRAM PROVISIONS This Subaward is offered by the Urban and Community Forestry Program of the Montana Department of Natural Resources and Conservation, Forestry and Trust Lands Division, hereinafter referred to as “DNRC”. This Subaward, awarded and administered by the DNRC using grant funds awarded by the USFS, is consistent with the policies, procedures, objectives, and intent of the listed Federal Authority and of the Urban and Community Forestry (UCF) Program Development grant program. SECTION 2. PROJECT TERMS Project Name: Branch Out Bozeman: Tree Canopy Map Coaching 2.1 PERIOD OF PERFORMANCE. This Subaward is effective on the Start Date. Subrecipient shall have until the Termination Date to complete the project and work described in the Project Scope. Start Date: Date of Last Signature Termination Date: July 31, 2025 2.2 AGREEMENT EXTENSION. This Subaward may, upon mutual written agreement between the parties, be extended. The DNRC may allow an extension for completion upon request and showing of good cause by the Subrecipient. Good cause is defined as external factors preventing the Subrecipient from completing the work, including, but not limited to, pandemic, inadequate staff, construction, hazard trees or other barriers on project site(s), and extensive and prolonged inoperable weather conditions. A request for extension should be submitted in writing no less than thirty (30) days prior to the Termination Date if an extension is to be considered by the DNRC. Any extension will require mutual written agreement between the Subrecipient and the DNRC in the form of an Amendment as provided for below in Section 4.7, Assignment and Amendment. 2.3 PROJECT SCOPE. (a.) Supporting Documents/attachments. The Approved Project Proposal for this Subaward to the Subrecipient is attached hereto as Appendix B and the Application Addendum, attached hereto as Appendix C, both of which are incorporated herein by reference, describe the projects and activities to be performed upon municipal lands by Subrecipient in or near, the City of Bozeman, Montana, and the required dates of completion. In the event content in Appendix B, the approved project proposal, or Appendix C, the addendum, differs from or is in conflict with terms presented elsewhere in the Subaward, the Subaward text takes precedence. (b.) The Subrecipient must use the proceeds provided pursuant to this Subaward to perform allowable activities identified in the Approved Project Proposal. The goals of this program are: continuing the mapping of Bozeman's tree canopy; identifying trees and planting spaces in priority areas; developing a website and canopy mapping tools for DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 46363 FY24 DNRC Forestry Subaward Page 3 of 13 public and staff utilization; and community outreach. The new mapping tools will help prioritize new tree planting areas based on water quality, tree equity, and urban heat island effect. The key outcomes of the project are: technical coaching for the City of Bozeman’s GIS staff so they may maintain, update, and integrate the information into existing city canopy mapping tools; creating a website with mapping tools for the community and staff utilization. 2.4 PROJECT BUDGET. The Subaward budget period runs concurrently with the Period of Performance. Subaward funds are allocated to the following budget categories: Project Funding Summary: Direct Costs Subrecipient salary/wages/benefits $0 Operating Expenses $0 Payments to Landowners (Beneficiaries) $0 Contracted Services $9,968 Subtotal – Direct Costs $9,968 Indirect Costs (waived) $0 Total Subaward Amount $9,968 Match Required (3:1) $3,323 Total Project Funding: $13,291 Total payment for all purposes under this Subaward shall not exceed Nine Thousand Nine Hundred Sixty-Eight and no/100 Dollars ($9,968.00). This Subaward requires a match of 3:1. For every $3 of federal funds issued under this Subaward, the Subrecipient or its project partners must provide $1 in non-federal funds. No federal funds may be used to satisfy the match requirement of this Subaward. Match will be met in the categories of QP Subrecipient salary/wages/benefits the form of cash contribution or in-kind services related to the project. Claimed match must be sufficiently documented to show compliance with federal requirements and to demonstrate how it supports the Subaward project. The DNRC will determine whether match documentation submitted is adequate and may require additional documentation before approval. The Subrecipient may transfer up to ten percent (10%) of the Total Subaward Amount between Direct Costs budget categories as needed to complete the project. The Subrecipient must notify the DNRC of such transfers. Transfers between budget categories in excess of ten percent (10%) of the Subaward amount must be requested by the Subrecipient, approved by the DNRC, and documented in an amendment to the Subaward. The indirect cost rate is shown above, expressed as a percentage of indirect costs to direct costs. Unless the rate has been formalized in a Negotiated Indirect Cost Rate Agreement (NICRA) between the Subrecipient and its cognizant federal agency, the rate shown above is hereby approved by the DNRC for the term of this Subaward and may not be changed except via written amendment. DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 47364 FY24 DNRC Forestry Subaward Page 4 of 13 When procuring goods or services with Subaward funds, the Subrecipient must follow applicable procurement procedures, found in 2 CFR 200 §§ 200.317 – 200.327 of the Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards. 2.5 DISBURSEMENTS. Subrecipient shall submit claims for disbursement of Subaward funds using the “Request for Disbursement of DNRC Grant Funds / Financial Status Report” (Request) form, attached hereto as Appendix D and incorporated herein by reference. Documentation of reimbursable costs incurred and paid must be submitted with the request. Documentation may include, but is not limited to, itemized receipts, vendor invoices, inspection certificates, transaction ledgers or other financial reports that clearly show expenditures, payroll records, copies of checks, bank statements, and other forms of proof of payment. The DNRC will determine whether documentation submitted adequately supports the disbursement request and may require additional documentation before approving payment. Reimbursement of Subrecipient’s expenditures will only be made for expenses included in the Approved Project Proposal, Appendix B, and the Addendum to the Project Proposal, Appendix C, that are clearly and accurately supported by the Subrecipient's records. The Subrecipient may request an advance on available funds. In order to be eligible to receive an advance payment, Subrecipient must maintain written procedures that minimize the time elapsing between the transfer of funds and their disbursement. The timing and amount of advance payments must be as close as is administratively feasible to the actual disbursements of funds by Subrecipient. The request for an advance of funds must indicate how Subrecipient intends to spend the funds. After advanced funds are disbursed by Subrecipient (i.e., anticipated expenses are actually paid), Subrecipient must submit documentation to DNRC within 30 days demonstrating proof of payment, identical to that required for reimbursements above. If Subrecipient receives an advance payment, and Subrecipient subsequently requests a reimbursement payment, Subrecipient must clearly demonstrate how the advanced funds were spent before DNRC will approve Subrecipient’s request for reimbursement of additional expenses. Any funds advanced, but not spent, or whose expenditure is not adequately documented, must be returned to the DNRC upon demand. Subrecipient should seek timely reimbursement of claimed costs incurred under this Subaward. A minimum of one Request must be submitted annually to the DNRC. The annual period begins on the Subaward effective date. In the event no reimbursable costs are incurred in an annual period, a Request for zero dollars ($0.00) listing current Subaward balances should be submitted to the DNRC. Request for final disbursement of Subaward funds is due no later than 30 days following the Subaward termination date. The DNRC may withhold up to ten percent (10%) of the total authorized Subaward amount until both the project tasks (outlined in Section 2.3 and Appendix B) and the Final Report (required by Section 2.6) are completed by the Subrecipient and approved by the DNRC. 2.6 REPORTS. Subrecipient shall immediately notify the DNRC of developments that significantly impact the activities supported under this Subaward. Notification must be given in the case of problems, delays, or adverse conditions that materially impair the ability of the Subrecipient to meet the objectives of the Subaward. The notification must include a statement on action taken or contemplated, and any assistance needed to resolve the situation including requests for scope and/or timeline modifications as provided for below in Section 4.7, Assignment and Amendment. DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 48365 FY24 DNRC Forestry Subaward Page 5 of 13 Semiannual progress reports for the periods ending each June and December must be submitted to the DNRC during the period of performance of this Subaward. Reports will provide status information for each project implementation objective. Project status information will include, at a minimum, the percentage completed, costs incurred, and projected completion date. The Subrecipient shall report on total project costs, including Subaward-funded costs Semiannual reports must be submitted to the DNRC by the last day of the next month following the close of the reporting period. The first reporting period closes December 31, 2024, and the report is due on or before January 31, 2025. The DNRC will review reports for completeness and accuracy and will notify the Subrecipient if changes are necessary. No claims for disbursements will be honored by the DNRC until complete, accurate semiannual reports have been submitted by the Subrecipient. A worksheet for semiannual report content development is attached hereto as Appendix E and incorporated herein by reference. A Final Report that details the project status, results, accomplishments, and financial status will be submitted to the DNRC by the Subrecipient for approval upon project completion. Final reports are due no later than 30 days following the Subaward termination date. Final disbursement of Subaward funds is contingent upon DNRC’s receipt and approval of the following documents: 1) Final Request for Disbursement, 2) DNRC Regional Urban Forester Project Inspection Form, and 3) Final Report. 2.7 METHOD OF SUBMISSION. Entry in the Submittable Grant Management System (GMS) is the required method to submit: all claims for disbursement of Subaward funds as described in Section 2.5 Disbursements; and all reports as described in Section 2.6 Reports. The DNRC will provide links to forms within the GMS to complete these processes during the Period of Performance. The DNRC is not responsible for the receipt and processing of reports or disbursement requests submitted via an alternative method. If the required method of submission changes during the Period of Performance of the Subaward, the DNRC will provide thirty (30) days’ notice in writing. SECTION 3. INSURANCE TERMS 3.1 WORKER'S COMPENSATION. The Subrecipient, its employees and contractors, are not covered by the DNRC’s Workers' Compensation Insurance. The Subrecipient is responsible for making sure that it and its employees are covered by Workers’ Compensation Insurance and that its contractors are in compliance with the coverage provisions of the Workers’ Compensation Act. 3.2 INDEMNITY AND LIABILITY (HOLD HARMLESS / INDEMNIFICATION). Subrecipient agrees to be financially responsible for any audit exception or other financial loss to the DNRC and the State of Montana which occurs due to the negligence, intentional acts, or failure by Subrecipient and/or its agents, employees, subcontractors, or representatives to comply with the terms of this Subaward. Subrecipient hereby agrees to defend, indemnify, and hold harmless the DNRC and the State of Montana and its agents from and against any and all claims, demands, or DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 49366 FY24 DNRC Forestry Subaward Page 6 of 13 actions for damages to property or injury to persons or other damage to persons or entities arising out of, or resulting from the performance of this Subaward or the results of this Subaward, provided such damage to property or injury to persons is due to the negligent act or omission, recklessness, or intentional misconduct of Subrecipient or any of its employees and agents. This Subaward is not intended to relieve a liable party of financial or legal responsibility. 3.3 INSURANCE REQUIREMENTS. General Requirements. The Subrecipient shall maintain for the duration of this Subaward, at its cost and expense, liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Subrecipient, agents, employees, representatives, assigns, or subcontractors. This insurance shall cover such claims as may be caused by any negligent act or omission of the Subrecipient or its officers, agents, representatives, assigns or subcontractors. Specific Requirements for General Liability. The Subrecipient shall purchase and maintain occurrence coverage with minimum combined single limits for bodily injury, personal injury, and property damage of $1,000,000 per occurrence and $2,000,000 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. SECTION 4. DNRC GENERAL TERMS AND CONDITIONS 4.1 DNRC's ROLE. The DNRC will monitor project expenditures for payment eligibility. The DNRC assumes no responsibility for the Subrecipient's obligation to faithfully perform the tasks and activities required by this Subaward. The DNRC assumes no responsibility for verifying the right of the Subrecipient to conduct project activities on properties included in the Subaward project. The Subrecipient is responsible for obtaining all appropriate permissions to conduct activities. In the event content in the approved project proposal differs from or conflicts with terms presented elsewhere in the Subaward, the Subaward text takes precedence. The Subrecipient may contact the DNRC's Program Representative, identified in Section 6. Principal Contacts and Authorizations, for guidance related to administration of the terms of this Subaward. The Subrecipient may contact the Technical Specialist if one is listed in Section 6. Principal Contacts and Authorizations, for assistance with project execution. The roles and responsibilities of the technical specialist include but are not limited to, providing technical assistance to the Subrecipient to achieve intended outcomes of the project; conducting reviews of project plans, activities, and accomplishments upon request of the Subrecipient or as often as deemed necessary by the DNRC; and assisting the Subrecipient in complying with Montana’s Forest Practices Laws and voluntary Best Management Practices in the course of carrying out project activities. If no Technical Specialist is listed, the Subrecipient may contact the Program Representative to provide these services. 4.2. AVAILABILITY OF SUBAWARD FUNDS. The Subrecipient acknowledges and understands that Subaward funds become available based on federal awards to the DNRC. DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 50367 FY24 DNRC Forestry Subaward Page 7 of 13 Costs incurred by the Subrecipient or any beneficiary prior to this Subaward are not eligible for reimbursement but may be counted as match funds upon prior written approval by the DNRC. The commitment by the DNRC to expend money is contingent upon the DNRC receiving funds under the federal award. No liability shall accrue to the DNRC or its officials in the event such funds are not appropriated or issued as authorized in the federal award. The DNRC may, at its sole discretion, issue a temporary stop-work order, reduce the scope of project activities, or terminate this Subaward if appropriated funding is reduced or unavailable for any reason. The DNRC will provide the Subrecipient at least 10 days’ notice for a stop-work order and at least 30 days’ notice if a reduction in scope or termination is determined to be necessary due to the unavailability of funds. Until the DNRC notifies the Subrecipient that obligated funds are unavailable, the DNRC will continue to comply with the terms of this Subaward, including the disbursement of funds for eligible expenses incurred by the Subrecipient up to the specified date and time provided in a written notice. 4.3 RECORDS AND AUDITS. The Subrecipient must maintain appropriate and adequate records showing complete entries of all receipts, disbursements, and other transactions relating to this Subaward for three (3) years after the later of either the final Subaward payment or the termination of this Subaward. The DNRC, the Montana Legislative Audit Division, or the Montana Legislative Fiscal Division may, at any reasonable time, audit all records, reports, and other documents that the Subrecipient maintains under or during the course of this Subaward to ensure compliance with all terms and conditions of the Subaward. During the period of performance and extending after this Subaward is terminated and closed, the DNRC reserves the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit or other review. 4.4 PROJECT MONITORING AND ACCESS FOR INSPECTION AND MONITORING. The DNRC or its agents may monitor and inspect all phases and aspects of the Subrecipient’s performance to determine compliance with this Subaward, including but not limited to the adequacy of records and accounts, project progress and accomplishments, and adherence to any project specifications. The Subrecipient shall accommodate requests for the DNRC access to sites and records with due consideration for safety, private property rights, and convenience of everyone involved. Inadequate accommodation of requests, as determined by the DNRC, may be viewed as a failure to comply as outlined in Section 4.9. 4.5 EMPLOYMENT STATUS. The DNRC is not an owner or general contractor for the project. The DNRC does not control the work activities or worksite of the Subrecipient or any contractors that might be engaged by the Subrecipient for completion of the project. The Subrecipient is independent from and is not an employee, officer, or agent of the DNRC. The Subrecipient shall ensure that all its employees complete the I-9 form to certify they are eligible for lawful employment under the Immigration and Nationality Act (8 U.S.C. 1324(a)). The Subrecipient shall comply with regulations regarding certification and retention of the completed forms. 4.6 COPYRIGHTING AND GOVERNMENT RIGHT TO USE. The Subrecipient is granted sole and exclusive right to copyright any publications developed with funding provided under this subaward. The State of Montana and the USFS reserve a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the work for government purposes. This provision includes any right of copyright to which the DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 51368 FY24 DNRC Forestry Subaward Page 8 of 13 Subrecipient purchases ownership with any federal contributions. No original text or graphics produced by the State of Montana or the USFS shall be copyrighted. 4.7 ASSIGNMENT AND AMENDMENT. The Subrecipient may not assign or transfer any portion of this Subaward without the DNRC’s express written consent. Amendments will be in writing, signed by both parties, and attached as an integral component of this Subaward. This Subaward may be terminated by the mutual written consent of both parties. If this Subaward is terminated, the Subrecipient may not submit claims for reimbursement for costs incurred beyond the mutually agreed to termination date. 4.8 COMPLIANCE WITH APPLICABLE STATE AND LOCAL LAWS. All work performed under this Subaward must fully comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to, the Montana Human Rights Act. Any subletting or subcontracting by the Subrecipient subjects subcontractors to the same provision. In accordance with 49-3-207, MCA, the Subrecipient agrees that the hiring of persons to perform this Subaward will be made on the basis of merit and qualifications and without discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin of the persons performing this Subaward. It shall be the Subrecipient's responsibility to obtain all permits, licenses, or authorizations that might be required from government authorities for completion of the project. Procurement of labor, services, supplies, materials and equipment shall be conducted according to applicable federal, state, and local statutes. The DNRC’s signature on this Subaward does not guarantee the approval or issuance of any permits, licenses, or any other form of authorization to take action for which the Subrecipient must apply with the DNRC or any other government entity and submit to the DNRC to fulfill the terms of this Subaward. 4.9 FAILURE TO COMPLY. If the Subrecipient fails to comply with the terms and conditions of this Subaward, the DNRC may terminate this Subaward and/or refuse additional disbursements of subaward funds and/or take legal action to recover disbursed subaward funds. Such termination will become a consideration in the DNRC’s evaluation of future applications for subawards. 4.10 MONTANA LAW AND VENUE. Any action or judicial proceeding for enforcement of the terms of this Subaward shall be instituted only in the courts of Montana and shall be governed by the laws of Montana. Venue shall be in the First Judicial District, Lewis and Clark County, Montana. SECTION 5. FEDERAL FUNDING SOURCE TERMS AND CONDITIONS 5.1 COMPLIANCE WITH APPLICABLE LAWS. (a.)The Subrecipient must comply with the requirements of the Federal Office of Management and Budget (OMB) guidance in subparts A through F of 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards, as adopted and supplemented by the USDA in 2 CFR Part 400. These regulations are available online at the following website: www.ecfr.gov. This includes applicable procurement procedures covered in 2 CFR 200 §§ 200.317 – 200.326. (b.) The Subrecipient certifies that it will abide by all certifications and assurances set forth in USDA Form AD-1048, “Certification Regarding Debarment, Suspension, Ineligibility & Voluntary Exclusion Lower Tier Covered Transactions,” this form having been signed, attached hereto as Appendix A, and incorporated herein by reference. Per the terms of the federal award, the DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 52369 FY24 DNRC Forestry Subaward Page 9 of 13 Subrecipient shall also require all second-tier subrecipients and contractors who will be paid with Subaward funds to sign form AD-1048, and the Subrecipient shall keep completed forms on file. (c.) All work performed under this Subaward must fully comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to, 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. Any subletting or subcontracting by the Subrecipient subjects subcontractors to the same provision. Procurement of labor, services, supplies, materials and equipment shall be conducted according to applicable federal, state, and local statutes. (d.) If the amount of this Subaward is in excess of $100,000, the Subrecipient will comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (e.) If the Subaward includes funds for Contracted expenses, the Subrecipient must comply with the requirements of Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards of 2 CFR Part 200. Items of note include: Equal Employment Opportunity; Clean Air Act; Davis-Bacon Act; Contract Work Hours and Safety Standards Act; Rights to Inventions; Debarment and Suspension; Byrd Anti-Lobbying Amendment; Prohibition On Certain Telecommunications And Video Surveillance Services Or Equipment; and Domestic Preferences for Procurements. (f.) PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. The Subrecipient is responsible for compliance with the prohibition on certain telecommunications and video surveillance services or equipment identified in 2 CFR 200.216. See Public Law 115-232, Section 889 for additional information. In accordance with 2 CFR 200.216, the Subrecipient is prohibited from obligating or expending loan or grant funds for covered telecommunications equipment or services to: (1) procure or obtain, extend or renew a contract to procure or obtain; (2) enter into a contract (or extend or renew a contract) to procure; or (3) obtain the equipment, services or systems. (g.) PROHIBITION AGAINST CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS. The Subrecipient may not require its employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department, an agency authorized to receive such information, the federal Office of Inspector General, or the DNRC. Due to this these requirements, prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph one of subsection (g.) of this award provision are no longer in effect. (h.) WHISTLEBLOWER NOTICE. Per 41 U.S.Code § 4712, it is illegal an employee of the Subrecipient to be discharged, demoted, or otherwise discriminated against for making a protected whistleblower disclosure. In this context, these categories of individuals are whistleblowers who disclose information that the individual reasonably believes is evidence of one of the following: gross mismanagement of a Federal contract or grant; a gross waste of Federal funds; an abuse of authority relating to a Federal contract or grant; a substantial and DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 53370 FY24 DNRC Forestry Subaward Page 10 of 13 specific danger to public health or safety; or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. See 41 U.S.Code § 4712, regarding the disclosure requirements, procedure, remedial actions and remedies. (i.) TRAFFICKING IN PERSONS. The Subrecipient under this award and the Subrecipient’s employees may not: (1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; (2) Procure a commercial sex act during the period of time that the award is in effect; or (3) Use forced labor in performance of the award or subawards under the award. The Subrecipient must inform the DNRC immediately of any information received from any source alleging a violation of a prohibition listed here. (j.) NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR AUDIOVISUAL MATERIAL. The Subrecipient shall include the following statement, in full, in any printed audiovisual material, or electronic media for public distribution developed or printed with any Federal funding. “In accordance with Federal law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, and reprisal or retaliation for prior civil rights activity. (Not all prohibited bases apply to all programs.) Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, and American Sign Language) should contact the responsible State or local Agency that administers the program or USDA’s TARGET Center at (202) 720- 2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. To file a program discrimination complaint, a complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form, which can be obtained online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by: (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, D.C. 20250-9410; o (2) Fax: (833) 256-1665 or (202) 690-7442; or (3) Email: program.intake@usda.gov.” If the material is too small to permit the full statement to be included, the material must at minimum, include the following statement, in print size no smaller than the text: “This institution is an equal opportunity provider.” 5.2 AGENCY RECOGNITION REQUIREMENTS. (a.) Use of Agency Insignia. The Subrecipient shall request in writing permission from the USFS Northern Region and receive written permission from the USFS before using the USFS insignia on any published media, such as a webpage, printed publication, or audiovisual production. The Subrecipient shall request in DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 54371 FY24 DNRC Forestry Subaward Page 11 of 13 writing and receive written permission from the DNRC before using the DNRC insignia on any published media, such as a webpage, printed publication, or audiovisual production. (b.) Public Notices. The Subrecipient is encouraged to give public notice of the receipt of this Subaward of federal grant funds and, from time to time, to announce progress and accomplishments. Press releases or other public notices should include and all notices of funding opportunities or solicitation for project participants must include a statement substantially as follows: “The funding for this project is derived in full [or in part] from a federal award of the U.S. Forest Service, Department of Agriculture, subawarded by the Montana Department of Natural Resources and Conservation, Forestry Division.” (c.) Acknowledgment in Publications, Audiovisuals, and Electronic Media. The Subrecipient shall acknowledge USFS and DNRC support as appropriate in any publications, audiovisuals, and electronic media developed as a result of this subaward of USFS grant funds. Follow direction in USDA Supplemental 2 CFR 415.2. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 55372 FY24 DNRC Forestry Subaward Page 12 of 13 SECTION 6. PRINCIPAL CONTACTS AND AUTHORIZATIONS 6.1 PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this Subaward. All correspondence or requests for information and assistance shall be submitted to the appropriate listed individual. DNRC Program Representative Subrecipient Representative, Project Manager and Administrative & Fiscal Name: Jamie Kirby Title: Urban Forestry Program Manager Address: 2705 Spurgin Road City, State, Zip: Missoula, MT 59804 Telephone: 406-542-4288 Email: jamiekirby@mt.gov Name: Alex Nordquest Title: Forestry Division Manager Address: 121 N Rouse Avenue City, State, Zip: Helena, MT 59715-3740 Telephone: 406-582-3225 Email: anordquest@bozeman.net DNRC Technical Specialist Name: Hannah Payne Title: Urban Service Forester Address: 2705 Spurgin Road City, State, Zip: Missoula, MT 59804 Telephone: 406-542-4326 Email: Hannah.Payne@mt.gov DNRC Administrative & Fiscal Name: Lorie Palm Title: Grants and Agreements Specialist Address: 2705 Spurgin Road City, State, Zip: Missoula, MT 59804 Telephone: 406-542-4205 Email: lpalm@mt.gov DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 56373 FY24 DNRC Forestry Subaward Page 13 of 13 6.2 AUTHORIZATION. This Subaward consists of pages 1 – 13, plus the following appendices: • Appendix A [Form AD-1048] • Appendix B [Approved Project Proposal] • Appendix C [Addendum to the Project Proposal] • Appendix D [Request for Disbursement Form]. • Appendix E [Semiannual Report Worksheet] The Subrecipient hereby accepts this Subaward according to the above terms and conditions. Through signature, each party certifies that the individuals listed in this Subaward as representatives of the parties are authorized to act in their respective areas for matters related to this Subaward. In witness whereof, the parties hereto execute this Subaward. ___________________________ By: ___________________________________________ Date Subrecipient Authorized Representative ___________________________________________ Printed Name ___________________________ By: ___________________________________________ Date DNRC Authorized Representative ___________________________________________ Printed Name Remainder of page for SUBRECIPIENT USE ONLY: Additional Signatures as Required The DNRC does not require additional signatures and takes no role in evaluation of any inclusion or omission. DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979 Alex Nordquest 6/27/2024 Jamie Kirby 6/27/2024 Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 9/18/2024 57374 AD-1048 OMB No. 0505-0027 Expiration Date: 09/30/2025 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 CFR §§ 180.300, 180.335, Participants' responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal and civil fraud privacy, and other statutes may be applicable to the information provided. (Read instructions on page two before completing certification.) A.The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals ispresently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participationin this transaction by any Federal department or agency; B.Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S) SIGNATURE DATE In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. Appendix A DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979 Forestry Division ManagerAlex Nordquest 6/27/2024 UCF-24-106City of Bozeman Forestry Division Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 58375 Form AD-1048 Page 2 of 2 Instructions for Certification (1)By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 inaccordance with these instructions. (2)The certification in this clause is a material representation of fact upon which reliance was placed when this transaction wasentered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originatedmay pursue available remedies, including suspension or debarment. (3)The prospective lower tier participant must provide immediate written notice to the person(s) to which this proposal is submittedif at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (4)The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person, ""primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings setout in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 CFR Parts 180 and 417. You may contact the Department or agency to which this proposal is being submitted for assistance in obtaining a copy of thoseregulations. (5)The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be enteredinto, it may not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agencywith which this transaction originated. (6)The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "CertificationRegarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (7)A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that thecertification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the General Services Administration’s System for AwardManagement Exclusions database. (8)Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith thecertification required by this clause. The knowledge and information of a participant is not required to exceed that which isnormally possessed by a prudent person in the ordinary course of business dealings. (9)Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded fromparticipation in this transaction, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Appendix A DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 59376 Montana DNRC Grants Powered by Submittable Title City of Bozeman by Alex Nordquest in Forestry - UCF PD/IRA FY24 Grant [2024] anordquest@bozeman.net 02/16/2024 id. 45591671 Original Submission 02/16/2024 Score n/a 1. Organization Information 1.1. Organization Name City of Bozeman 1.2. Has the organization received any DNRC Forestry grants or subawards previously? Yes 2. Applicant Information The person completing this application. By default, of Submittable, the person submitting this application will be the point of contact for future communications such as reports and requests for reimbursement for the life of this grant. You may collaborate with others to complete the application and future forms, but you will be responsible for the final submission of them. HERE are the instructions for collaborating with others for this application. 2.1. Your name Alex Nordquest 2.2. Your Phone +14065823225 2.3. Your Email anordquest@bozeman.net 2.4. Provide a Secondary Contact for the project. Mitch Overton 2.5. Secondary Contact Phone +14065823222 2.6. Secondary Contact Email moverton@bozeman.net 3. Project Elements 3.1. Project Name Branch Out Bozeman: Tree Canopy Map Coaching Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 60377 3.2. Project Location Throughout City of Bozeman 3.3. Map of Project Location City_of_Bozeman_-_Citywide_Canopy_Assessment.pdf City_of_Bozeman_Growth_Boundary.pdf All applicants must upload a PDF from the Montana Urban and Community Forestry Grant Tool that shows the location of the project. 3.4. Is the proposed project located entirely in a disadvantaged area? No 3.5. Have you contacted your DNRC Service Forester? Yes 3.5.2. Foresters Name Hannah Payne 4. Project Description 4.1. Project Description - Provide 2-3 pargraphs that summarize your project. The City of Bozeman's Forestry Division began partnering with local nonprofit Gallatin Watershed Council on tree planting projects in 2021. This quickly developed into annual volunteer events and the creation of Branch Out Bozeman: Urban Forest Network (B.O.B.). In an effort to provide a healthy and resilient urban forest for all community members, B.O.B. seeks to increase Bozeman’s tree canopy to its full potential, and to develop tools that guide the community to strategically plant trees in priority areas. After receiving grant-funded technical assistance and tree canopy assessment, B.O.B. is now poised to develop a dedicated website, branding, and mapping tools to help realize the initiative’s goals. To focus on our website development, we're seeking grant funds for technical coaching of the City's GIS Division. Our GIS staff have committed to assisting with B.O.B., but they require outside help to build and maintain compelling visuals and canopy mapping tools. The previously mentioned tree canopy assessment was provided by Green Infrastructure Center; they've offered to train City staff on their methods and how to best integrate their data with existing City GIS tools. We're also seeking funding to increase Gallatin Watershed Council capacity for future planting projects and community outreach. Utilizing grant funds for this effort would allow a constrained Forestry Division budget to pursue website and branding needs. 5. Existing Program Resources 5.1. Do you have a tree inventory? Yes Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 61378 MT 85 US 191;MT 84 US 191 I 90 I 90 I 90;US 191 MontanaStateUniversity Bozeman Montana UCF Grant Application Montana State Library, Map data © OpenStreetMap contributors, Microsoft, Facebook, Inc. and its affiliates, Esri Community Maps contributors, Map 2/5/2024, 10:11:51 AM 0 1.5 30.75 mi 0 3 61.5 km 1:160,654 Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 62379 5.1.1. How does your tree inventory tie to the project? Our tree inventory is an essential tool for park and boulevard tree data. We maintain an active record of over 26,000 trees, noting new tree planting, various types of pruning, and tree removals. The inventory helps reveal park and boulevard spaces that are lacking trees, which are critical areas to display on Branch Out Bozeman map layers. It does not, however, account for trees in the private landscape. 5.1.2. Upload your Tree Inventory BozemanTreeInventory_20240205.xlsx 5.2. Do you have an urban forest management plan? Yes 5.2.1. How does your urban forest management plan tie into the project? Our Urban Forestry Management Plan was created in 2016. One of the main subjects is Community Engagement - "Establishing a vibrant relationship between the community and the Forestry Division is an essential element in this plan and a key component to the plan's success.". Having the Green Infrastructure Center help our GIS team with mapping tools will create important visuals for public interaction, easily displaying the highest priority areas in the city for tree planting. The public can view the map and explore areas in need near their homes and businesses, creating an interactive educational tool. 5.2.2. Upload your Urban Forest Management Plan. City_of_Bozeman_Urban_Forest_Management_Plan.pdf 5.2.3. Is the community the organization is representing a Tree City USA? Yes 6. Federal & State Program Goals 6.1. How does your project align with the state and federal program goals? Choose all that apply. 1. Advance public education and understanding for the social, economic, environmental and aesthetic values of trees, forests and related resources in communities. 2. Climate change mitigation and adaptation. 3. Expand opportunities, resources and access for underserved and at-risk populations and communities. 4. Advance tree inventory and assessment information. 5. Promote urban forestry planning and tree management plans including broadening community engagement. 6. Develop and encourage the profession of urban forestry through technology transfer, education and training. 7. Increase the biodiversity, health and resilience of trees in urban and community forests through best maintenance and management practices. Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 63380 6.1.1. Explain how the project advances public education and understanding for the social, economic, environmental and aesthetic value of trees, forests and related resources in communities. The Branch Out Bozeman initiative doesn't just focus on tree planting events; we envision a website containing educational content for the community. Coaching from the Green Infrastructure Center would help us create effective visuals; Gallatin Watershed Council will provide texts for explaining the benefits of trees. A fully developed B.O.B. website will be a one-stop shop for public education for Bozeman's urban forest. 6.1.2. Explain how the project advances climate change mitigation and adaptation. From the beginning, B.O.B. has been focused on identifying tree planting sites to address three main concerns: water quality, tree equity, and urban heat island effect. We're trying to find areas where new trees will maximize the benefits provided for climate change concerns. The Green Infrastructure Center has extensive experience modeling and mapping trees as units of green infrastructure to address climate change. In particular, we are lacking the capability to map how trees reduce the urban heat island effect; GIC's training would be very beneficial for this metric. 6.1.3. Explain how the project expands opportunities, resources and access for underserved and at- risk populations and communities. While the B.O.B. effort looks at tree planting city-wide, we have a particular focus on tree equity. Several of our completed projects were chosen due to an obvious lack of tree canopy - these parks and boulevards also happen to be around rental apartments, not owner-occupied homes. Most of the Forestry Division's existing programs rely on interactions from property owners, and we need better ways to engage all residents. GIC's technical services would help us prioritize planting areas based on rent vs. owned, census block districts, and income levels to ensure we're planting trees equitably. 6.1.4. Explain how the project advances tree inventory and assessment information. While our existing tree inventory is quite effective, we only track city- maintained park & boulevard trees. We don't account for the private property trees that contribute to our overall urban forest and canopy cover. The GIC team could offer the tools to blend their canopy data with our existing Forestry inventory and GIS Land Classification data to create a comprehensive, year-over-year measure of Bozeman's urban forest canopy. While the Forestry Division doesn't work directly on private property, the Gallatin Watershed Council can provide outreach and education for those areas. 6.1.5. Explain how the project promotes urban forestry planning and tree management plans, including broadening community engagement. We have accomplished many of the main goals from our 2016 Urban Forest Management Plan, but our community engagement has been lacking. Our plan recommends we "Establish a healthy and vibrant relationship between the community and Bozeman's Forestry Division", and this goal is only possible with community partners like the Gallatin Watershed Council. Creating a professional website for Branch Out Bozeman will provide a central hub for us to increase public education and volunteer opportunities. Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 64381 6.1.6. Explain how the project develops and encourages the profession of urban forestry through technology transfer, education and training. The Branch Out Bozeman initiative has been a collaborative effort from day one. The Forestry Division recognizes its limited resources for a growing city, and that we exponentially increase our capacity by working with other city departments, community volunteers, and nonprofit partners. By working with GIC and GWC, we're collaborating with outside experts to produce the best outcome. Funding this project would allow us to set a new standard for Bozeman's urban forestry operations and how we interact with our residents and represent our industry. 6.1.7. Explain how the project increases the biodiversity, health and resilience of trees in urban and community forests through best maintenance and management practices. Our preliminary canopy assessment with GIC exposed many areas lacking tree canopy, showing potential for planting a new generation of trees with greater species diversity. From our existing tree inventory, we know that our park & boulevard trees are predominantly Ash and Maple species, which we're actively trying to reduce. This project would provide us with a platform to gain more insight on private property trees in our urban forest and educate our community on species diversity and proper tree care. 7. Project Personnel 7.1. List the Project Personnel I would like to use the provided table for my project personnel information. 7.1.1. Provided Project Personnel Table Project Personnell List.xlsx Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 65382 Name Title/Qualification Project Role Level of Involvement Alex Nordquest Forestry Division Manager, City of Bozeman Project Lead High involvement Lilly McLane Watershed Restoration Director, Gallatin Watershed Council Project Lead High involvement Gail Jorgenson GIS Program Manager, City of Bozeman GIS Mapping Design & Maintenance Frequent involvement Matt Lee Director of Forest Conservation, Green Infrastructure Center GIS Training/Coaching Initial involvement ____________ Appendix B Project Personnel Table DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 66383 7.2. Supplemental Information - Project Personnel Narrative. If desired, use this space to explain or expand on the Personnel information. Alex Nordquest - Alex has been working directly with the Gallatin Watershed Council to develop Branch Out Bozeman. He would be heavily involved in this project, working to ensure communication with all partners to determine the right metrics to obtain from the Green Infrastructure Center's canopy assessment of Bozeman. Once these data are obtained by our GIS Division, Alex would provide direction & feedback on designing mapping tools for Branch Out Bozeman's website. Alex is also heavily involved in assisting GWC in selecting future planting sites for volunteer events. Lilly McLane - Lilly has been the lead contact for the Gallatin Watershed Council's involvement with Branch Out Bozeman. She would also be heavily involved in communication during GIC's visit, and providing feedback on designing the mapping tools. Once mapping tools are designed and integrated into the Branch Out Bozeman website, Lilly would be responsible for additional website design, branding, and writing of educational content. Lilly is also the lead for selecting planting sites and coordinating with volunteers. Gail Jorgenson - Gail provides a wealth of experience for mapping & data maintenance across all City departments. She's particularly supportive of Branch Out Bozeman, working with her supervisor to ensure the GIS Division will provide ongoing technical support. Gail would work directly with GIC to interpret their canopy data and integrate it with our existing urban forestry tools. Gail would then be responsible for developing new mapping tools that prioritize tree planting areas based on water quality, tree equity, and urban heat island effect. Matt Lee - Matt's services would be utilized for coaching sessions to interpret GIC's canopy assessment of Bozeman's urban forest. Our GIS Division will merge these data with our existing urban forest tools to create map tools for the Branch Out Bozeman website. 8. Leveraging Local Support and Outreach 8.1. List local groups and people supporting the project with in-kind contributions and volunteering time. I would like to use the provided table for my Leveraging Local Support and Outreach information. 8.1.1. Provided table for Leveraging Local Support and Outreach. Leveraging Support List.xlsx Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 67384 Partner Organization Name Activities/Effort Gallatin Watershed Council Project Lead, Website Design, Public Education Material, Volunteer Management ____ Volunteers Activities/Efforts ____ Appendix B Leveraging Local Outreach and Support DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 68385 8.2. Supplemental Information - Leveraging Support Narrative. If desired, use this space to explain or expand on the Leveraging Support List. This project is specifically focused on technical support from Green Infrastructure Center and increasing capacity for Gallatin Watershed Council. Once completed this project would allow us to engage the general public, businesses, and other local partners for ongoing volunteer projects and fundraising. 9. Project Work Plan and Schedule 9.1. Outline the Project Work Plan and Schedule I would like to use the provided table for my Project Work Plan and Schedule. 9.1.1. Provided Table for Work Plan and Schedule TableTemplate.xlsx 9.2. Supplemental Information - Project Work Plan and Schedule Narrative. If desired, use this space to explain or expand on the Project Plan and Schedule. The initial work focus would be scheduling Green Infrastructure's coaching sessions. This would involve collaboration with all parties (GIC, GIS, Forestry, GWC). From there, we would develop the mapping tools/visuals and start using the tools to select planting sites and engage volunteers. 9.3. Does your project include tree planting? No 9.4. Does your project include a tree planting cost-share program? No 10. Project Monitoring and Effectiveness Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 69386 Task Start Date End Date Schedule GIC Coaching Session(s)March 2024 May 2024 Partner Discussions on Data Fields March 2024 May 2024 BOB Mapping Tools Development May 2024 July 2024 Integrate Mapping Tools into Bob Website July 2024 Ongoing Event Planning - Identify Planting Locations Ongoing Ongoing ___ Appendix B Work Plan and Schedule DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 70387 10.1. Describe how your project will meet the needs and benefit your community at large. Outline long-term results, outputs and deliverables. Receiving direct training sessions from the Green Infrastructure Center will allow us to make the best use of their data and our own existing tools. This will all be developed into map layers and visuals on a public website for Branch Out Bozeman, very much emphasized on public involvement. Residents will be able to view tree canopy data for public and private trees alike, and areas in need of planting will be displayed. Year-over-year data on the website will show canopy gained from each volunteer planting event, as well as canopy lost due to construction projects across the city. This ongoing monitoring will provide an accurate measure of our efforts and help guide continued volunteer planting events in the most impactful areas of the city. Upcoming volunteer planting events will be announced and scheduled through the website; new trees will be added to the Forestry's tree inventory system. During annual monitoring, Forestry staff will note tree condition and health. Trees that do not survive will be reflected on both the inventory and canopy tools so we can maintain a high level of accuracy. 10.2. Describe any potential challenges that could impact the project. Staffing changes from any of our core partners (GWC, the city's Forestry/GIS teams) could disrupt project progress. The Green Infrastructure Center is willing to provide us with a defined set of deliverables from their training sessions, and their processes would be recorded to ensure ongoing institutional knowledge for the project. Once training sessions have concluded, senior staff from both the City and Gallatin Watershed Council will monitor website integration of GIC components and record internal processes to ensure continuity of all systems in the event of staff turnover. 11. Budget Check "More Information" to learn about direct and indirect costs. More Information Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 71388 Direct costs are those that are directly and only related to a project. For example: the hours that the organizations forester spends on a particular project, similarly the miles that are driven by the forester to the project location. If a mailing is part of the project, the cost of printing, envelopes and stamps are considered direct costs. Indirect costs are those that are not directly and only related to a specific project but are spread across the entire organization or several projects. Examples are: rent for the office, the electric bill for the organization. Salary/wages/benefits can be assessed to indirect costs as well, such as an accountant who handles the accounting for the entire organization and does not track how their hours are spent. Indirect costs are not itemized but are instead paid at a percentage of the Total Grant/Award Amount. Organizations can negotiate a rate with the federal government if they are directly awarded federal funds. This is called a Negotiated Indirect Cost Rate Agreement (NICRA.) Organizations with a NICRA are eligible to request their full percentage rate for any award that comes from federal funds. They can request a smaller rate, but never more than the NICRA. Organizations without a NICRA are eligible to request Indirect Costs at the de minimis rate of 10%. You can request less than 10% but unless you have a NICRA, you cannot request more than 10%. 11.1. Are you requesting indirect costs for this project? No Budget Table Instructions Urban and Community Program Development- Match Required 1. Download the Project Budget Table Worksheet. 2. Save the budge table worksheet to your local drive. 3. Complete your budget. Use only numbers in the columns. For example, do not use "/hour" or "per hour", it will cause the formulas to fail. 4. Upload completed budget table worksheet below. Rows and columns of the budget table worksheet should tabulate for you. However, please review your math and totals. All match expenditures (both cash and in-kind contributions) must be substantiated with documentation to be applied to the 3:1 match requirement. Federal funds may NOT be used as match. (No federal cash, donated and/or in-kind contributions.) 11.2. Upload Completed Project Budget Table USE_FY24_UCF_Budget_Tempalate_Match_1.xlsx 11.3. Total Funds Requested. 28548.57 11.4. Total Funds Pledged to Match. 90000.0 12. Supporting Documentation 12.1. Supplemental Information - Upload any supporting documentation you would like included in the application. City_GIS_Forestry_Dashboard.png Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 72389 GIC_-_Overall_Tree_Canopy.png GIC_-_Parks_Stats.png GIC_-_Urban_Heat_Equity_Stats.png GIC_Natural_Waterways_Stats.png GWC_Costs_-_Grant_Support.pdf City_of_Bozeman_Canopy_Coach_quote_Final.docx 13. Certification and Authorization to Sign 13.1. Certification and Authority to Sign Yes, I am authorized to sign this application on behalf of the organization I represent. 13.1.1. Federal Funding Certification Statement Alex Nordquest Appendix BDocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 73390 Provide Organization Personnel Expenses by Position (Salaries/Wages/ Benefits) Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Match Provided (Cash/ In-Kind) Alex Nordquest (City Forestry)500 $ 50.00 $ 25,000.00 $ 25,000.00 Lilly McLane (GWC) $ 12,220.00 $ 12,220.00 $ 12,220.00 Gail Jorgenson (City GIS)400 $ 50.00 $ 20,000.00 $ 20,000.00 $ - $ - $ - $ - TOTALS -> $ 57,220.00 $ 12,220.00 $ 45,000.00 Operating Expenditures (Travel, Supplies, Rentals, Etc.) Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Match Provided (Cash/ In-Kind) Promotional Materials $ 100.00 $ 100.00 $ 100.00 Hand Tools $ 500.00 $ 500.00 $ 500.00 Safety Equipment $ 500.00 $ 500.00 $ 500.00 Allocated Forestry Budget (by year)3 $15,000 $ 45,000.00 $45,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTALS -> $ 46,100.00 $ 1,100.00 $ 45,000.00 Contracted Professional Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Match Provided (Cash/ In-Kind) Matt Lee (GIC)1 $ 15,228.57 $ 15,228.57 $ 15,228.57 $ - $ - $ - $ - $ - $ - TOTALS -> $ 15,228.57 $ 15,228.57 $ - Total for Direct Cost Categories TOTALS -> $ 28,548.57 Indirect Costs Rate (%)Indirect Funds Requested Add Indirect Cost Rate Here-> $ - $ 28,548.57 $ 90,000.00 Total Project Cost $ 118,548.57 Total Match Provided Total Funds Requested from DNRC (Direct TOTAL -> Cost Breakdown (must equal Total Cost for each line Appendix B Budget S u p er s e d e d, s e e Appendi x C f or B u d g et DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 74391 The following documents for UCF-24-106_Bozeman are on file at DNRC: City of Bozeman Growth Boundary Bozeman Tree Inventory Bozeman Urban Forestry Management Plan City GIS Forestry Dashboard GIC Overall Tree Canopy GIC Parts Stats GIC Urban Hear Equity Starts GIC Natural Waterways States GWC Costs – Grant Support City of Bozeman Canopy Coach Quote Appendix B DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 75392 Provide Organization Name -> Personnel Expenses by Position (Salaries/Wages/Benefits) Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Match Provided (Cash/ In-Kind) Alex Nordquest (City Forestry)142 $ 50.00 $ 7,100.00 $ 7,100.00 Lilly McLane (GWC)142 $ 50.00 $ 7,100.00 $ 7,100.00 Gail Jorgenson (City GIS)142 $ 50.00 $ 7,100.00 $ 7,100.00 $ - $ - $ - $ - TOTALS -> $ 21,300.00 $ 21,300.00 Operating Expenditures (Travel, Supplies, Rentals, Etc.)Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Match Provided (Cash/ In-Kind) Allocated Forestry Budget (by year)3 $15,000 $ 45,000.00 $45,000.00 $ - $ - $ - TOTALS -> $ 45,000.00 $ - $ 45,000.00 Contracted Professional Services Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Match Provided (Cash/ In-Kind) GIC Coaching Sessions 1 $9,968.18 $ 9,968.18 $ 9,968.18 $ - TOTALS -> $ 9,968.18 $ 9,968.18 $ - Total for Direct Cost Categories Funds Requested TOTALS -> $ 9,968.18 Indirect Costs Rate (%)Indirect Funds Requested Add Indirect Cost Rate Here-> $ - $ 9,968.18 $ 66,300.00 Total Project Cost $ 76,268.18 Total Match Provided Total Funds Requested from DNRC (Direct + Indirect) TOTAL -> Cost Breakdown (must equal Total Cost for each line item) Appendix C $3,323 $3,323 $13,291 DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 76393 Revised 5/2024 Request for Disbursement of Grant/Subaward Funds DNRC Financial Report Organization Name: Agreement #: ☐Request for Reimbursement or ☐Request for Advance Total Award Amount: $ Funds Previously Requested: $ Period Covered by this Request – From Date: To Date: Award Share – REQUEST this Period DNRC validates category spending with each request. Overspending a category budget may delay payment. Employee Time: salary/wages/benefits $ Operating Expenses $ Payments to Landowners (Beneficiaries) $ Contracted Services (incl. Contractor Time) $ Subtotal – Direct Costs $ Indirect Costs $ Total Request Amount $ Recipient Share – MATCH this Period ☐No Match Required Employee Time: salary/wages/benefits $ Operating Expenses $ Landowner Contributions $ Contracted Services (incl. Contractor Time) $ Other (explain in Remarks section below) $ Total Match Amount $ Program Income Earned: $ Award Balance after this Request: $ Remarks: Authorized Certifying Official: I certify to the best of my knowledge and belief that the information provided herein is true, complete, and accurate. I am aware that the provision of false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative consequences including, but not limited to violations of U.S. Code Title 18, Sections 2, 1001, 1343 and Title 31, Sections 3729-3730 and 3801-3812. Name: Title: Email: Signature: Date: Appendix D DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 77394 Upload volunteer time tracking data Workforce Development accomplished during this reporting period: Were trainings offered? Y/N How many people participated? How many jobs or equivalent FTE were created or maintained because of this project? Please share any media coverage, social media posts, and any stories, videos, or photos. Narrative space for stories, URL’s, and links. Upload space for photos and videos Appendix E UCF PD/IRA Semiannual Report Worksheet The intent of this worksheet is to provide a preview of information that will be required on the report. Do not submit this worksheet as a report. Reports must be submitted on the Submittable platform. Your Name, Organization Name Agreement # UCF-XX-XXX Reporting Period: __January 1 - June 30, __July 1 - December 31 Year Project Status: Estimated percentage of project complete. Are you experiencing any delays or issues that are affecting the implementation of the project? If yes, explain issue and remedies. Deliverables and metrics accomplished during this reporting period: Where did project work take place? List all locations where project work took place with an address, park name, or area description. Be prepared to provide data for the following if part of your project: How many total trees were planted at all project locations? Was species diversity increased? Y/N If yes, how? How many total trees were pruned or removed? Was the wood utilized in some way, mulch etc.? Y/N If yes, describe use. How many volunteer hours were worked? DocuSign Envelope ID: F995D860-D941-4B25-80C9-D559A6944979Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 78395 Certificate Of Completion Envelope Id: F995D860D9414B2580C9D559A6944979 Status: Completed Subject: DNRC Agreement #UCF-24-106_Bozeman.pdf Source Envelope: Document Pages: 34 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Janis Fontaine AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 1539 11th Avenue Helena, MT 59601 janis.fontaine@mt.gov IP Address: 161.7.39.7 Record Tracking Status: Original 6/25/2024 12:28:16 PM Holder: Janis Fontaine janis.fontaine@mt.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Montana Dept of Natural Resources & Conservation Location: DocuSign Signer Events Signature Timestamp Alex Nordquest anordquest@bozeman.net Forestry Division Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 6/25/2024 12:31:16 PM Viewed: 6/27/2024 1:32:14 PM Signed: 6/27/2024 1:43:07 PM Electronic Record and Signature Disclosure: Accepted: 6/27/2024 1:32:14 PM ID: 11d9dd22-b457-42aa-8521-6005a59590ca Jamie Kirby jamiekirby@mt.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 161.7.39.7 Sent: 6/27/2024 1:43:09 PM Viewed: 6/27/2024 3:10:45 PM Signed: 6/27/2024 3:10:59 PM Electronic Record and Signature Disclosure: Accepted: 6/27/2024 3:10:45 PM ID: fd4dd977-2771-49ff-b5f4-81f19c42a1ba 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 DNR HQT FSO AP dnrhqtfsoap@mt.gov Security Level: Email, Account Authentication (None) Sent: 6/27/2024 3:11:00 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 79396 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/25/2024 12:31:16 PM Certified Delivered Security Checked 6/27/2024 3:10:45 PM Signing Complete Security Checked 6/27/2024 3:10:59 PM Completed Security Checked 6/27/2024 3:11:00 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 80397 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Montana Dept of Natural Resources & Conservation (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 system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. 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 the signing session and, if you elect to create a DocuSign account, you may access the documents 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. Further, 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 Electronic Record and Signature Disclosure created on: 11/13/2020 9:32:35 PM Parties agreed to: Alex Nordquest, Jamie Kirby Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 81398 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. 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By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify Montana Dept of Natural Resources & Conservation as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Montana Dept of Natural Resources & Conservation during the course of your relationship with Montana Dept of Natural Resources & Conservation. Docusign Envelope ID: 02582D3D-1D46-4D82-B2EC-773FE3E3D339 83400 Grant Instructions and Grant Routing Form To ensure appropriate use, consistency and tracking of grants use this set of general instructions and Grant Routing Form are provided. All grants regardless of amount are required to be approved by The City of Bozeman Commission prior to receiving the grant award. Step One: Giving Notice of Intent to Apply Give notice of your intent to apply for the grant by submitting the Grant Routing Form. Submit the form via DocuSign* to the appropriate supervisor (typically department Director) and the Finance Director. Save a copy of the submittal. The grant tracking number field can be left blank until the grant is awarded. Per Administrative Order 2014-01 the City Manager and City Commission are required to be notified within 30 days of all grant applications exceeding $20,000. Step Two: Obtain Grant Tracking Number for Awarded Grants Once a grant is awarded, contact the City Clerk’s office at 406-582-2030 to request a grant tracking number. The official grant acceptance is contingent on City Commission approval. Step Three: Re-Route for Final Signatures Insert the grant tracking number on the Grant Routing Form and reroute the form via *DocuSign for signatures. Step Four: Commission Approval Work with Division Director, City Manager, and the City Clerk to get the awarded grant prepared for City Commission approval. If you need assistance in reviewing the grant terms, contact the City Attorney’s Office to request a review of the grant terms before placing the item on the Consent agenda. All agreements require City Commission authorization regardless of dollar amount. Agreements will be retained by the City Clerks’ Office. *Each Division has staff assigned with DocuSign access. Using a single DocuSign “envelope” will allow the same tracking form to move through the steps of the process and the signature matrix. Reach out to the City Clerk’s Office for initial assistance sending your envelope. Grant Not Awarded: If your application is NOT awarded, the application materials must be retained by the applying department in accordance with Records Retention Schedule 8. DocuSign Envelope ID: 0EA6E5ED-6D5D-4F9E-A337-412BB0F2379BDocusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 6401 Grant # (issued by City Clerk) Grant Name Grant Project Manager Department Person Responsible for Financial Reporting Person Responsible for Performance Reporting & Close Out *Note: this person is also reseponsible for record retention requirements. Grant Source Federal State Other CDFA # (Federal Only)Fiscal year of award Grant Amount Included in Budget? Match Requirement (%)Budget Account Code Match Amount Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur. Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses? Desctibe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?): Process Phase / Signature Matrix City Clerk Commission Date Notice of Intent Application Award/Contract City Manager City of BozemanGrant Routing Form Department Director (I understand and will carry out the provisions of the grant) Finance Director Grant Routing Form May 2023 Describe the nature of the grant and eligible uses: Branch Out Bozeman: Volunteer Planting Projects Alex Nordquest Parks & Rec (Forestry Div) Alex Nordquest Alex Nordquest FY24 25220 Yes 0.00%112-7710-454-20-99 $ 0.00 No No This grant is available through MT Dept of Natural Resources, Urban & Community Forestry to distribute Inflation Reduction Act funding for Urban Forestry Programs. Our application seeks funding to purchase trees for our volunteer/community engagement initiative, Branch Out Bozeman. Grant funds would also provide support for our main nonprofit partner, Gallatin Watershed Council. Eligibile uses include the direct purchase of tools & supplies, and contracted services. The no match requirement means we'd simply track receipts on purchases of trees and associated supplies. There will be a one-time followup report, submitted online, at the conclusion of the 24 month project period (tentatively starting May 2024). Receipts will be copied for purchased items and entered on the final report. DocuSign Envelope ID: 0EA6E5ED-6D5D-4F9E-A337-412BB0F2379B 2024-04 Grant Awarded waiting on clerks for grant number n/an/an/an/aNo routing form for application Yes 20,000 10.727 Federal pass through State DNRC X Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 10/8/2024 7402 FY24 DNRC Forestry Subaward Page 1 of 13 Subaward Agreement Number: UCF-24-306 Maximum Award Amount Available: $ 20,000.00 Source of Funds: Federal Award Federal Assistance Listing Number: 10.727, Inflation Reduction Act Urban & Community Forestry Program Federal Award Identification: USDA USFS Grant # 23-DG-11010000-031 Inflation Reduction Act-Urban & Community Forestry State Allocations; executed on 7/27/2023, from the United States Department of Agriculture (USDA) – Forest Service (USFS) Federal Authority: Cooperative Forestry Assistance Act, P.L. 95-313 as amended,16 USC 2105 and Public Law 117-169, Subtitle D, Section 23003(a) DNRC Funding Pass-Through Org: 5114823 Fund: 03160 Subclass: 555YT Expiration: See Section 2.1, Period of Performance Approvals Drafter Program Fiscal Legal JF JK LP MP SUBRECIPIENT Name: City of Bozeman Federal Tax ID #: 81-6001238 UEI: EEAPKALAEM35 Address: 121 N Rouse Avenue City, State, Zip+4: Bozeman, MT 59715-3740 This Subaward Agreement, hereinafter referred to as “Subaward”, is accepted by City of Bozeman, hereinafter referred to as the “Subrecipient”, according to the following terms and conditions. The purpose of this Subaward is to establish mutually agreeable terms and conditions, specifications, and requirements to grant funds to the Subrecipient. SUBAWARD AGREEMENT between CITY OF BOZEMAN and the MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 8403 FY24 DNRC Forestry Subaward Page 2 of 13 SECTION 1. PROGRAM PROVISIONS This Subaward is offered by the Urban and Community Forestry Program of the Montana Department of Natural Resources and Conservation, Forestry and Trust Lands Division, hereinafter referred to as “DNRC”. This Subaward, awarded and administered by the DNRC using grant funds awarded by the USFS, is consistent with the policies, procedures, objectives, and intent of the listed Federal Authority and of the Urban and Community Forestry (UCF) Inflation Reduction Act grant program. The federal program has location requirements for project activities. Projects must take place entirely within disadvantaged communities as identified in the Climate and Economic Justice Screen Tool (CEJST) or the EPA Environmental Justice and Screening Mapping Tool (EJScreen), as shown in the Montanan Urban and Community Forestry Grant Tool. Projects must benefit communities through eligible UCF program activities such as, but not limited to, urban wood utilization, urban food forests, extreme heat mitigation and workforce development. SECTION 2. PROJECT TERMS Project Name: Branch Out Bozeman Volunteer Planting and Tree Voucher Project 2.1 PERIOD OF PERFORMANCE. This Subaward is effective on the Start Date. Subrecipient shall have until the Termination Date to complete the project and work described in the Project Scope. Start Date: Date of Last Signature Termination Date: July 31, 2025 2.2 AGREEMENT EXTENSION. This Subaward may, upon mutual written agreement between the parties, be extended. The DNRC may allow an extension for completion upon request and showing of good cause by the Subrecipient. Good cause is defined as external factors preventing the Subrecipient from completing the work, including, but not limited to, pandemic, inadequate staff, construction, hazard trees or other barriers on project site(s), and extensive and prolonged inoperable weather conditions. A request for extension should be submitted in writing no less than thirty (30) days prior to the Termination Date if an extension is to be considered by the DNRC. Any extension will require mutual written agreement between the Subrecipient and the DNRC in the form of an Amendment as provided for below in Section 4.7, Assignment and Amendment. 2.3 PROJECT SCOPE. (a.) Supporting Documents/attachments. The Approved Project Proposal for this Subaward to the Subrecipient is attached hereto as Appendix B and the Application Addendum, attached hereto as Appendix C, both of which are incorporated herein by reference, describe the projects and activities to be performed upon municipal lands by Subrecipient in or near, the City of Bozeman, Montana, and the required dates of completion. In the event content in Appendix B, the approved project proposal, or Appendix C, the addendum, DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 9404 FY24 DNRC Forestry Subaward Page 3 of 13 differs from or is in conflict with terms presented elsewhere in the Subaward, the Subaward text takes precedence. Additionally, the Subrecipient must fulfill the terms specified in Appendix D, Additional Requirements to Proposal, which is attached hereto and incorporated herein by reference. (b.) The Subrecipient must use the proceeds provided pursuant to this Subaward to perform allowable activities identified in the Approved Project Proposal. The goals for this project are: increase Bozeman’s tree canopy; develop tools that guide the community to strategically plant trees in priority areas; increase planting efforts by purchasing trees for volunteers to plant in public parks and boulevards; launch a tree voucher program which will focus on disadvantaged neighborhoods and provide information on desired species, planting techniques, watering, and other stewardship items. The key outcomes of this project are: planting approximately 40 trees in parks and boulevards and provided up to 50 tree vouchers for $100 off the purchase of a tree to landowners in disadvantaged areas. 2.4 PROJECT BUDGET. The Subaward budget period runs concurrently with the Period of Performance. Subaward funds are allocated to the following budget categories: Project Funding Summary: Direct Costs Subrecipient salary/wages/benefits $3,220 Operating Expenses $11,000 Payments to Landowners (Beneficiaries) $0 Contracted Services $5,780 Subtotal – Direct Costs $20,000 Indirect Costs (waived) $0 Total Subaward Amount $20,000 Match Required None) $0 Total Project Funding: $20,000 Total payment for all purposes under this Subaward shall not exceed Twenty Thousand and no/100 Dollars ($20,000.00). No match is required. The Subrecipient may transfer up to ten percent (10%) of the Total Subaward Amount between Direct Costs budget categories as needed to complete the project. The Subrecipient must notify the DNRC of such transfers. Transfers between budget categories in excess of ten percent (10%) of the Subaward amount must be requested by the Subrecipient, approved by the DNRC, and documented in an amendment to the Subaward. The indirect cost rate is shown above, expressed as a percentage of indirect costs to direct costs. Unless the rate has been formalized in a Negotiated Indirect Cost Rate Agreement (NICRA) between the Subrecipient and its cognizant federal agency, the rate shown above is DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 10405 FY24 DNRC Forestry Subaward Page 4 of 13 hereby approved by the DNRC for the term of this Subaward and may not be changed except via written amendment. When procuring goods or services with Subaward funds, the Subrecipient must follow applicable procurement procedures, found in 2 CFR 200 §§ 200.317 – 200.327 of the Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards. 2.5 DISBURSEMENTS. Subrecipient shall submit claims for disbursement of Subaward funds using the “Request for Disbursement of DNRC Grant Funds / Financial Status Report” (Request) form, attached hereto as Appendix E and incorporated herein by reference. Documentation of reimbursable costs incurred and paid must be submitted with the request. Documentation may include, but is not limited to, itemized receipts, vendor invoices, inspection certificates, transaction ledgers or other financial reports that clearly show expenditures, payroll records, copies of checks, bank statements, and other forms of proof of payment. The DNRC will determine whether documentation submitted adequately supports the disbursement request and may require additional documentation before approving payment. Reimbursement of Subrecipient’s expenditures will only be made for expenses included in the Approved Project Proposal, Appendix B and the Addendum to the Project Proposal, Appendix C, that are clearly and accurately supported by the Subrecipient's records. The Subrecipient may request an advance on available funds. In order to be eligible to receive an advance payment, Subrecipient must maintain written procedures that minimize the time elapsing between the transfer of funds and their disbursement. The timing and amount of advance payments must be as close as is administratively feasible to the actual disbursements of funds by Subrecipient. The request for an advance of funds must indicate how Subrecipient intends to spend the funds. After advanced funds are disbursed by Subrecipient (i.e., anticipated expenses are actually paid), Subrecipient must submit documentation to DNRC within 30 days demonstrating proof of payment, identical to that required for reimbursements above. If Subrecipient receives an advance payment, and Subrecipient subsequently requests a reimbursement payment, Subrecipient must clearly demonstrate how the advanced funds were spent before DNRC will approve Subrecipient’s request for reimbursement of additional expenses. Any funds advanced, but not spent, or whose expenditure is not adequately documented, must be returned to the DNRC upon demand. Subrecipient should seek timely reimbursement of claimed costs incurred under this Subaward. A minimum of one Request must be submitted annually to the DNRC. The annual period begins on the Subaward effective date. In the event no reimbursable costs are incurred in an annual period, a Request for zero dollars ($0.00) listing current Subaward balances should be submitted to the DNRC. Request for final disbursement of Subaward funds is due no later than 30 days following the Subaward termination date. The DNRC may withhold up to ten percent (10%) of the total authorized Subaward amount until both the project tasks (outlined in Section 2.3 and Appendix B) and the Final Report (required by Section 2.6) are completed by the Subrecipient and approved by the DNRC. 2.6 REPORTS. Subrecipient shall immediately notify the DNRC of developments that significantly impact the activities supported under this Subaward. Notification must be given in the case of problems, delays, or adverse conditions that materially impair the ability of the Subrecipient to meet the objectives of the Subaward. The notification must include a statement on action taken or contemplated, and any assistance needed to resolve the situation including DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 11406 FY24 DNRC Forestry Subaward Page 5 of 13 requests for scope and/or timeline modifications as provided for below in Section 4.7, Assignment and Amendment. Biannual progress reports for the periods ending each June and December must be submitted to the DNRC during the period of performance of this Subaward. Reports will provide status information for each project implementation objective. Project status information will include, at a minimum, the percentage completed, costs incurred, and projected completion date. The Subrecipient shall report on total project costs, including Subaward-funded costs Biannual reports must be submitted to the DNRC by the last day of the next month following the close of the reporting period. The first reporting period closes December 31, 2024, and the report is due on or before January 31, 2025. The DNRC will review reports for completeness and accuracy and will notify the Subrecipient if changes are necessary. No claims for disbursements will be honored by the DNRC until complete, accurate biannual reports have been submitted by the Subrecipient. A worksheet for biannual report content development is attached hereto as Appendix F and incorporated herein by reference. A Final Report that details the project status, results, accomplishments, and financial status will be submitted to the DNRC by the Subrecipient for approval upon project completion. Final reports are due no later than 30 days following the Subaward termination date. Final disbursement of Subaward funds is contingent upon DNRC’s receipt and approval of the following documents: 1) Final Request for Disbursement, 2) DNRC Regional Urban Forester Project Inspection Form, and 3) Final Report. 2.7 METHOD OF SUBMISSION. Entry in the Submittable Grant Management System (GMS) is the required method to submit: all claims for disbursement of Subaward funds as described in Section 2.5 Disbursements; and all reports as described in Section 2.6 Reports. The DNRC will provide links to forms within the GMS to complete these processes during the Period of Performance. The DNRC is not responsible for the receipt and processing of reports or disbursement requests submitted via an alternative method. If the required method of submission changes during the Period of Performance of the Subaward, the DNRC will provide thirty (30) days’ notice in writing. SECTION 3. INSURANCE TERMS 3.1 WORKER'S COMPENSATION. The Subrecipient, its employees and contractors, are not covered by the DNRC’s Workers' Compensation Insurance. The Subrecipient is responsible for making sure that it and its employees are covered by Workers’ Compensation Insurance and that its contractors are in compliance with the coverage provisions of the Workers’ Compensation Act. 3.2 INDEMNITY AND LIABILITY (HOLD HARMLESS / INDEMNIFICATION). Subrecipient agrees to be financially responsible for any audit exception or other financial loss to the DNRC and the State of Montana which occurs due to the negligence, intentional acts, or failure by Subrecipient and/or its agents, employees, subcontractors, or representatives to comply with the terms of this Subaward. DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 12407 FY24 DNRC Forestry Subaward Page 6 of 13 Subrecipient hereby agrees to defend, indemnify, and hold harmless the DNRC and the State of Montana and its agents from and against any and all claims, demands, or actions for damages to property or injury to persons or other damage to persons or entities arising out of, or resulting from the performance of this Subaward or the results of this Subaward, provided such damage to property or injury to persons is due to the negligent act or omission, recklessness, or intentional misconduct of Subrecipient or any of its employees and agents. This Subaward is not intended to relieve a liable party of financial or legal responsibility. 3.3 INSURANCE REQUIREMENTS. General Requirements. The Subrecipient shall maintain for the duration of this Subaward, at its cost and expense, liability insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Subrecipient, agents, employees, representatives, assigns, or subcontractors. This insurance shall cover such claims as may be caused by any negligent act or omission of the Subrecipient or its officers, agents, representatives, assigns or subcontractors. Specific Requirements for General Liability. The Subrecipient shall purchase and maintain occurrence coverage with minimum combined single limits for bodily injury, personal injury, and property damage of $1,000,000 per occurrence and $2,000,000 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. SECTION 4. DNRC GENERAL TERMS AND CONDITIONS 4.1 DNRC's ROLE. The DNRC will monitor project expenditures for payment eligibility. The DNRC assumes no responsibility for the Subrecipient's obligation to faithfully perform the tasks and activities required by this Subaward. The DNRC assumes no responsibility for verifying the right of the Subrecipient to conduct project activities on properties included in the Subaward project. The Subrecipient is responsible for obtaining all appropriate permissions to conduct activities. In the event content in the approved project proposal differs from or conflicts with terms presented elsewhere in the Subaward, the Subaward text takes precedence. The Subrecipient may contact the DNRC's Program Representative, identified in Section 6. Principal Contacts and Authorizations, for guidance related to administration of the terms of this Subaward. The Subrecipient may contact the Technical Specialist if one is listed in Section 6. Principal Contacts and Authorizations, for assistance with project execution. The roles and responsibilities of the technical specialist include but are not limited to, providing technical assistance to the Subrecipient to achieve intended outcomes of the project; conducting reviews of project plans, activities, and accomplishments upon request of the Subrecipient or as often as deemed necessary by the DNRC; and assisting the Subrecipient in complying with Montana’s Forest Practices Laws and voluntary Best Management Practices in the course of carrying out project activities. If no Technical Specialist is listed, the Subrecipient may contact the Program Representative to provide these services. DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 13408 FY24 DNRC Forestry Subaward Page 7 of 13 4.2. AVAILABILITY OF SUBAWARD FUNDS. The Subrecipient acknowledges and understands that Subaward funds become available based on federal awards to the DNRC. Costs incurred by the Subrecipient or any beneficiary prior to this Subaward are not eligible for reimbursement but may be counted as match funds upon prior written approval by the DNRC. The commitment by the DNRC to expend money is contingent upon the DNRC receiving funds under the federal award. No liability shall accrue to the DNRC or its officials in the event such funds are not appropriated or issued as authorized in the federal award. The DNRC may, at its sole discretion, issue a temporary stop-work order, reduce the scope of project activities, or terminate this Subaward if appropriated funding is reduced or unavailable for any reason. The DNRC will provide the Subrecipient at least 10 days’ notice for a stop-work order and at least 30 days’ notice if a reduction in scope or termination is determined to be necessary due to the unavailability of funds. Until the DNRC notifies the Subrecipient that obligated funds are unavailable, the DNRC will continue to comply with the terms of this Subaward, including the disbursement of funds for eligible expenses incurred by the Subrecipient up to the specified date and time provided in a written notice. 4.3 RECORDS AND AUDITS. The Subrecipient must maintain appropriate and adequate records showing complete entries of all receipts, disbursements, and other transactions relating to this Subaward for three (3) years after the later of either the final Subaward payment or the termination of this Subaward. The DNRC, the Montana Legislative Audit Division, or the Montana Legislative Fiscal Division may, at any reasonable time, audit all records, reports, and other documents that the Subrecipient maintains under or during the course of this Subaward to ensure compliance with all terms and conditions of the Subaward. During the period of performance and extending after this Subaward is terminated and closed, the DNRC reserves the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit or other review. 4.4 PROJECT MONITORING AND ACCESS FOR INSPECTION AND MONITORING. The DNRC or its agents may monitor and inspect all phases and aspects of the Subrecipient’s performance to determine compliance with this Subaward, including but not limited to the adequacy of records and accounts, project progress and accomplishments, and adherence to any project specifications. The Subrecipient shall accommodate requests for the DNRC access to sites and records with due consideration for safety, private property rights, and convenience of everyone involved. Inadequate accommodation of requests, as determined by the DNRC, may be viewed as a failure to comply as outlined in Section 4.9. 4.5 EMPLOYMENT STATUS. The DNRC is not an owner or general contractor for the project. The DNRC does not control the work activities or worksite of the Subrecipient or any contractors that might be engaged by the Subrecipient for completion of the project. The Subrecipient is independent from and is not an employee, officer, or agent of the DNRC. The Subrecipient shall ensure that all its employees complete the I-9 form to certify they are eligible for lawful employment under the Immigration and Nationality Act (8 U.S.C. 1324(a)). The Subrecipient shall comply with regulations regarding certification and retention of the completed forms. 4.6 COPYRIGHTING AND GOVERNMENT RIGHT TO USE. The Subrecipient is granted sole and exclusive right to copyright any publications developed with funding provided under this subaward. The State of Montana and the USFS reserve a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the work for government purposes. This provision includes any right of copyright to which the DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 14409 FY24 DNRC Forestry Subaward Page 8 of 13 Subrecipient purchases ownership with any federal contributions. No original text or graphics produced by the State of Montana or the USFS shall be copyrighted. 4.7 ASSIGNMENT AND AMENDMENT. The Subrecipient may not assign or transfer any portion of this Subaward without the DNRC’s express written consent. Amendments will be in writing, signed by both parties, and attached as an integral component of this Subaward. This Subaward may be terminated by the mutual written consent of both parties. If this Subaward is terminated, the Subrecipient may not submit claims for reimbursement for costs incurred beyond the mutually agreed to termination date. 4.8 COMPLIANCE WITH APPLICABLE STATE AND LOCAL LAWS. All work performed under this Subaward must fully comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to, the Montana Human Rights Act. Any subletting or subcontracting by the Subrecipient subjects subcontractors to the same provision. In accordance with 49-3-207, MCA, the Subrecipient agrees that the hiring of persons to perform this Subaward will be made on the basis of merit and qualifications and without discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin of the persons performing this Subaward. It shall be the Subrecipient's responsibility to obtain all permits, licenses, or authorizations that might be required from government authorities for completion of the project. Procurement of labor, services, supplies, materials and equipment shall be conducted according to applicable federal, state, and local statutes. The DNRC’s signature on this Subaward does not guarantee the approval or issuance of any permits, licenses, or any other form of authorization to take action for which the Subrecipient must apply with the DNRC or any other government entity and submit to the DNRC to fulfill the terms of this Subaward. 4.9 FAILURE TO COMPLY. If the Subrecipient fails to comply with the terms and conditions of this Subaward, the DNRC may terminate this Subaward and/or refuse additional disbursements of subaward funds and/or take legal action to recover disbursed subaward funds. Such termination will become a consideration in the DNRC’s evaluation of future applications for subawards. 4.10 MONTANA LAW AND VENUE. Any action or judicial proceeding for enforcement of the terms of this Subaward shall be instituted only in the courts of Montana and shall be governed by the laws of Montana. Venue shall be in the First Judicial District, Lewis and Clark County, Montana. SECTION 5. FEDERAL FUNDING SOURCE TERMS AND CONDITIONS 5.1 COMPLIANCE WITH APPLICABLE LAWS. (a.)The Subrecipient must comply with the requirements of the Federal Office of Management and Budget (OMB) guidance in subparts A through F of 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards, as adopted and supplemented by the USDA in 2 CFR Part 400. These regulations are available online at the following website: www.ecfr.gov. This includes applicable procurement procedures covered in 2 CFR 200 §§ 200.317 – 200.326. (b.) The Subrecipient certifies that it will abide by all certifications and assurances set forth in USDA Form AD-1048, “Certification Regarding Debarment, Suspension, Ineligibility & Voluntary Exclusion Lower Tier Covered Transactions,” this form having been signed, attached hereto as Appendix A, and incorporated herein by reference. Per the terms of the federal award, the Subrecipient shall also require all second-tier subrecipients and contractors who will be paid DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 15410 FY24 DNRC Forestry Subaward Page 9 of 13 with Subaward funds to sign form AD-1048, and the Subrecipient shall keep completed forms on file. (c.) All work performed under this Subaward must fully comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to, 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. Any subletting or subcontracting by the Subrecipient subjects subcontractors to the same provision. Procurement of labor, services, supplies, materials and equipment shall be conducted according to applicable federal, state, and local statutes. (d.) If the amount of this Subaward is in excess of $100,000, the Subrecipient will comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (e.) If the Subaward includes funds for Contracted expenses, the Subrecipient must comply with the requirements of Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards of 2 CFR Part 200. Items of note include: Equal Employment Opportunity; Clean Air Act; Davis-Bacon Act; Contract Work Hours and Safety Standards Act; Rights to Inventions; Debarment and Suspension; Byrd Anti-Lobbying Amendment; Prohibition On Certain Telecommunications And Video Surveillance Services Or Equipment; and Domestic Preferences for Procurements. (f.) PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. The Subrecipient is responsible for compliance with the prohibition on certain telecommunications and video surveillance services or equipment identified in 2 CFR 200.216. See Public Law 115-232, Section 889 for additional information. In accordance with 2 CFR 200.216, the Subrecipient is prohibited from obligating or expending loan or grant funds for covered telecommunications equipment or services to: (1) procure or obtain, extend or renew a contract to procure or obtain; (2) enter into a contract (or extend or renew a contract) to procure; or (3) obtain the equipment, services or systems. (g.) PROHIBITION AGAINST CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS. The Subrecipient may not require its employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department, an agency authorized to receive such information, the federal Office of Inspector General, or the DNRC. Due to this these requirements, prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph one of subsection (g.) of this award provision are no longer in effect. (h.) WHISTLEBLOWER NOTICE. Per 41 U.S.Code § 4712, it is illegal an employee of the Subrecipient to be discharged, demoted, or otherwise discriminated against for making a protected whistleblower disclosure. In this context, these categories of individuals are whistleblowers who disclose information that the individual reasonably believes is evidence of one of the following: gross mismanagement of a Federal contract or grant; a gross waste of Federal funds; an abuse of authority relating to a Federal contract or grant; a substantial and DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 16411 FY24 DNRC Forestry Subaward Page 10 of 13 specific danger to public health or safety; or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. See 41 U.S.Code § 4712, regarding the disclosure requirements, procedure, remedial actions and remedies. (i.) TRAFFICKING IN PERSONS. The Subrecipient under this award and the Subrecipient’s employees may not: (1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; (2) Procure a commercial sex act during the period of time that the award is in effect; or (3) Use forced labor in performance of the award or subawards under the award. The Subrecipient must inform the DNRC immediately of any information received from any source alleging a violation of a prohibition listed here. (j.) NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR AUDIOVISUAL MATERIAL. The Subrecipient shall include the following statement, in full, in any printed audiovisual material, or electronic media for public distribution developed or printed with any Federal funding. “In accordance with Federal law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, and reprisal or retaliation for prior civil rights activity. (Not all prohibited bases apply to all programs.) Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, and American Sign Language) should contact the responsible State or local Agency that administers the program or USDA’s TARGET Center at (202) 720- 2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. To file a program discrimination complaint, a complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form, which can be obtained online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by: (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, D.C. 20250-9410; o (2) Fax: (833) 256-1665 or (202) 690-7442; or (3) Email: program.intake@usda.gov.” If the material is too small to permit the full statement to be included, the material must at minimum, include the following statement, in print size no smaller than the text: “This institution is an equal opportunity provider.” 5.2 AGENCY RECOGNITION REQUIREMENTS. (a.) Use of Agency Insignia. The Subrecipient shall request in writing permission from the USFS Northern Region and receive written permission from the USFS before using the USFS insignia on any published media, such as a webpage, printed publication, or audiovisual production. The Subrecipient shall request in DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 17412 FY24 DNRC Forestry Subaward Page 11 of 13 writing and receive written permission from the DNRC before using the DNRC insignia on any published media, such as a webpage, printed publication, or audiovisual production. (b.) Public Notices. The Subrecipient is encouraged to give public notice of the receipt of this Subaward of federal grant funds and, from time to time, to announce progress and accomplishments. Press releases or other public notices should include and all notices of funding opportunities or solicitation for project participants must include a statement substantially as follows: “The funding for this project is derived in full [or in part] from a federal award of the U.S. Forest Service, Department of Agriculture, subawarded by the Montana Department of Natural Resources and Conservation, Forestry Division.” (c.) Acknowledgment in Publications, Audiovisuals, and Electronic Media. The Subrecipient shall acknowledge USFS and DNRC support as appropriate in any publications, audiovisuals, and electronic media developed as a result of this subaward of USFS grant funds. Follow direction in USDA Supplemental 2 CFR 415.2. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 18413 FY24 DNRC Forestry Subaward Page 12 of 13 SECTION 6. PRINCIPAL CONTACTS AND AUTHORIZATIONS 6.1 PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this Subaward. All correspondence or requests for information and assistance shall be submitted to the appropriate listed individual. DNRC Program Representative Subrecipient Representative, Project Manager and Administrative and Fiscal Name: Jamie Kirby Title: Urban Forestry Program Manager Address: 2705 Spurgin Road City, State, Zip: Missoula, MT 59804 Telephone: 406-542-4288 Email: jamiekirby@mt.gov Name: Alex Nordquest Title: Forestry Division Manager Address: 121 N Rouse Avenue City, State, Zip: Bozeman, MT 59715 Telephone: 406-582-3225 Email: anordquest@bozeman.net DNRC Technical Specialist Name: Hannah Payne Title: Urban Service Forester Address: 2705 Spurgin Road City, State, Zip: Missoula, MT 59804 Telephone: 406-542-4326 Email: Hannah.Payne@mt.gov DNRC Administrative & Fiscal Name: Lorie Palm Title: Grants and Agreements Specialist Address: 2705 Spurgin Road City, State, Zip: Missoula, MT 59804 Telephone: 406-542-4205 Email: lpalm@mt.gov DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 19414 FY24 DNRC Forestry Subaward Page 13 of 13 6.2 AUTHORIZATION. This Subaward consists of pages 1 – 13, plus the following appendices: • Appendix A [Form AD-1048] • Appendix B [Approved Project Proposal] • Appendix C [Addendum to the Project Proposal] • Appendix D [Additional Requirements to Proposal] • Appendix E [Request for Disbursement Form]. • Appendix F [Biannual Report Worksheet] The Subrecipient hereby accepts this Subaward according to the above terms and conditions. Through signature, each party certifies that the individuals listed in this Subaward as representatives of the parties are authorized to act in their respective areas for matters related to this Subaward. In witness whereof, the parties hereto execute this Subaward. ___________________________ By: ___________________________________________ Date Subrecipient Authorized Representative ___________________________________________ Printed Name ___________________________ By: ___________________________________________ Date DNRC Authorized Representative ___________________________________________ Printed Name Remainder of page for SUBRECIPIENT USE ONLY: Additional Signatures as Required The DNRC does not require additional signatures and takes no role in evaluation of any inclusion or omission. DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203 Alex Nordquest 6/6/2024 Jamie Kirby 6/7/2024 Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 9/18/2024 Chuck Winn 20415 AD-1048 OMB No. 0505-0027 Expiration Date: 09/30/2025 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 CFR §§ 180.300, 180.335, Participants' responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal and civil fraud privacy, and other statutes may be applicable to the information provided. (Read instructions on page two before completing certification.) A.The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals ispresently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participationin this transaction by any Federal department or agency; B.Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S) SIGNATURE DATE In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. Appendix A City of Bozeman UCF-24-306 DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203 6/6/2024 Alex Nordquest Forestry Division Manager Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 21416 Form AD-1048 Page 2 of 2 Instructions for Certification (1)By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 inaccordance with these instructions. (2)The certification in this clause is a material representation of fact upon which reliance was placed when this transaction wasentered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originatedmay pursue available remedies, including suspension or debarment. (3)The prospective lower tier participant must provide immediate written notice to the person(s) to which this proposal is submittedif at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (4)The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person, ""primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings setout in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 CFR Parts 180 and 417. You may contact the Department or agency to which this proposal is being submitted for assistance in obtaining a copy of thoseregulations. (5)The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be enteredinto, it may not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agencywith which this transaction originated. (6)The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "CertificationRegarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (7)A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that thecertification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the General Services Administration’s System for AwardManagement Exclusions database. (8)Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith thecertification required by this clause. The knowledge and information of a participant is not required to exceed that which isnormally possessed by a prudent person in the ordinary course of business dealings. (9)Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded fromparticipation in this transaction, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Appendix A DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 22417 Montana DNRC Grants Powered by Submittable Title City of Bozeman Forestry Division by Alex Nordquest in Forestry - UCF PD/IRA FY24 Grant [2024] anordquest@bozeman.net 02/16/2024 id. 45593992 Forestry - UCF Budget Changes [2024]04/04/2024 Score n/a Upload a revised copy of your Excel budget below to reflect the change in available funding for your project. If you need a fresh copy of the budget table, you can download it here. Upload a revised copy of your budget to reflect the change in funding. IRA_Budget_Match_Final_Revised_Amount.xlsx Revised Total Funding Requested 20000.0 Please explain any major changes to the work you plan to accomplish. Reducing the number of tree vouchers will have minimal impacts on our project. We'll still be able to trial a new form of public outreach, just with a reduced quantity. If the program is successful, we can scale up the voucher program with other funding sources. Original Submission 02/16/2024 Score n/a 1. Organization Information 1.1. Organization Name City of Bozeman Forestry Division 1.2. Has the organization received any DNRC Forestry grants or subawards previously? Yes Appendix B THIS SECTION LEFT BLANK INTENTIONALLY DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 23418 2. Applicant Information The person completing this application. By default, of Submittable, the person submitting this application will be the point of contact for future communications such as reports and requests for reimbursement for the life of this grant. You may collaborate with others to complete the application and future forms, but you will be responsible for the final submission of them. HERE are the instructions for collaborating with others for this application. 2.1. Your name Alex Nordquest 2.2. Your Phone +14065823225 2.3. Your Email anordquest@bozeman.net 2.4. Provide a Secondary Contact for the project. Mitch Overton 2.5. Secondary Contact Phone +14065823222 2.6. Secondary Contact Email moverton@bozeman.net 3. Project Elements 3.1. Project Name Branch Out Bozeman: Volunteer Planting Sites and Voucher Program 3.2. Project Location Throughout City of Bozeman CEJST and EJ Map Layers 3.3. Map of Project Location Potential_Planting_Areas.pdf All applicants must upload a PDF from the Montana Urban and Community Forestry Grant Tool that shows the location of the project. 3.4. Is the proposed project located entirely in a disadvantaged area? Yes 3.5. Have you contacted your DNRC Service Forester? Yes 3.5.2. Foresters Name Hannah Payne 4. Project Description Appendix BDocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 24419 Cottonwood RoadCottonwoodRoadBronken Park 306 309 309 West Kagy B oulevard East Baxter Lane South19th AvenueSouth 19th AvenueKagy BoulevardNorth 19th Avenue East M ain Street West Main Street Huffine Lane MT 86 MT 86 I 90 Business I 90 Business I 90 Business;US191;MT 84 US 191;MT 84 I 90 I 90 MontanaStateUniversity Bozeman I 90;US 191 Bozeman Beacon1721 m DrinkingHorse Mountain1683 m Montana UCF Grant Application Montana State Library, Map data © OpenStreetMap contributors, Microsoft, Facebook, Inc. and its affiliates, Esri Community Maps contributors, Map 2/16/2024, 9:42:05 AM 0 0.7 1.40.35 mi 0 1 20.5 km 1:57,835 Appendix BDocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 25420 4.1. Project Description - Provide 2-3 pargraphs that summarize your project. The City of Bozeman's Forestry Division began partnering with local nonprofit Gallatin Watershed Council on tree planting projects in 2021. This quickly developed into annual volunteer events and the creation of Branch Out Bozeman: Urban Forest Network (B.O.B.). In an effort to provide a healthy and resilient urban forest for all community members, B.O.B. seeks to increase Bozeman’s tree canopy to its full potential, and to develop tools that guide the community to strategically plant trees in priority areas. Until these tools are fully realized, we’re relying on existing means to select planting sites. This includes collaboration with other city departments, recommendations from the city’s Urban Parks & Forestry Board, and anecdotal observations of parks & boulevards lacking tree canopy. To increase our planting efforts, we’re seeking grant funds for the purchase of trees and the launch of a tree voucher program. The Forestry Division’s budget and staffing are already quite constrained – additional trees could be delivered directly to sites and planted by volunteers, greatly minimizing Forestry involvement. For private property landscapes, our tree voucher program would engage low income neighborhoods. Residents would purchase trees at a reduced cost from local vendors and the program would provide information on desired species, planting techniques, watering, and other stewardship items. 5. Existing Program Resources 5.1. Do you have a tree inventory? Yes 5.1.1. How does your tree inventory tie to the project? Our volunteer plantings would take place in city parks and boulevards, so all trees would be immediately added to the citywide inventory system. We maintain an active record of over 26,000 trees, noting new tree planting, various types of pruning, and tree removals. Trees planted on private property through the voucher program would not be included, but can be accounted for in future canopy assessments. 5.1.2. Upload your Tree Inventory BozemanTreeInventory_20240205.xlsx 5.2. Do you have an urban forest management plan? Yes 5.2.1. How does your urban forest management plan tie into the project? Our management plan specifically focuses on Community Engagement and increasing Species Diversity. We can address both items through this project. We couldn’t conduct additional plantings without volunteers, and the voucher offers incentives for residents to plant trees at their homes. For both programs, we can focus on tree species that are most impactful for increasing our species diversity. 5.2.2. Upload your Urban Forest Management Plan. Bozeman_Urban_Forestry_Man.pdf Appendix BDocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 26421 5.2.3. Is the community the organization is representing a Tree City USA? Yes 6. Federal & State Program Goals 6.1. How does your project align with the state and federal program goals? Choose all that apply. 1. Advance public education and understanding for the social, economic, environmental and aesthetic values of trees, forests and related resources in communities. 2. Climate change mitigation and adaptation. 3. Expand opportunities, resources and access for underserved and at-risk populations and communities. 4. Advance tree inventory and assessment information. 5. Promote urban forestry planning and tree management plans including broadening community engagement. 6. Develop and encourage the profession of urban forestry through technology transfer, education and training. 7. Increase the biodiversity, health and resilience of trees in urban and community forests through best maintenance and management practices. 6.1.1. Explain how the project advances public education and understanding for the social, economic, environmental and aesthetic value of trees, forests and related resources in communities. Every time we have a volunteer planting, it’s a chance to engage our residents. We use the opportunity to explain key benefits provided by new trees – shade for playgrounds, grass, and buildings; a variety of species for a resilient landscape, improved stormwater and erosion effects, and beautification. The voucher program would include educational materials explaining the benefits of trees. Particular focus would be given to planting orientation, explaining that trees to the southern and western edge of the property are crucial for blocking intense summer sun, reducing cooling demands on housing that often lacks air conditioning. 6.1.2. Explain how the project advances climate change mitigation and adaptation. From the beginning, Branch Out Bozeman has been focused on identifying tree planting sites to address three main concerns: water quality, tree equity, and urban heat island effect. We're trying to find areas where new trees will maximize the benefits provided for climate change concerns. Volunteer planting sites will be selected based on these criteria and the voucher program will be focused on residents living in areas most affected by these same climate change concerns. 6.1.3. Explain how the project expands opportunities, resources and access for underserved and at- risk populations and communities. This grant project would be fully within Bozeman’s CEJST and EJ disadvantaged areas. We’d be hosting volunteer events that are free and open to the public, while the voucher offers educational resources and incentives to purchase trees that may otherwise be cost prohibitive for those on restricted budgets. The vouchers would offer $100 off the price of a tree, with minimum standards on size and species to maximize the efficacy of new plantings. Appendix BDocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 27422 6.1.4. Explain how the project advances tree inventory and assessment information. The Forestry Division adds all new volunteer plantings to our citywide inventory. Every volunteer event is an opportunity to explain this powerful management tool, and volunteers feel empowered that they’ve personally contributed to the urban forest. The inventory is displayed on the City’s website, allowing for residents to navigate the map and learn more about trees near their homes and parks. While trees planted in the voucher program won’t be included in the inventory, Gallatin Watershed Council will track vouchers redeemed and contact residents for planting site details. 6.1.5. Explain how the project promotes urban forestry planning and tree management plans, including broadening community engagement. We have accomplished many of the main goals from our 2016 Urban Forest Management Plan, but our community engagement has been lacking. Our plan recommends we "Establish a healthy and vibrant relationship between the community and Bozeman's Forestry Division", and this goal is only possible with community partners like the Gallatin Watershed Council. Grant funding would allow us to vastly increase our volunteer efforts and provide a new form of outreach & education through the voucher program. 6.1.6. Explain how the project develops and encourages the profession of urban forestry through technology transfer, education and training. The public education aspect of this project would greatly advance Bozeman’s urban forest program. The Forestry Division focuses heavily on its routine responsibilities (pruning, removals, storm response) and has limited capacity for other ways to engage residents. Volunteer events are an excellent way to personally interact with the community and teach people about the benefits of trees. The voucher program could reinforce these teachings on the private landscape and ensure that participating vendors are providing consistent information. 6.1.7. Explain how the project increases the biodiversity, health and resilience of trees in urban and community forests through best maintenance and management practices. While this project would focus on planting, there would be a heavy emphasis on other details for tree health. The importance of watering, mulch, trunk guards and staking would all be included in discussion and materials. Species diversity would be a focal point as well, with both volunteer events and the voucher program limited to the most impactful species for increasing biodiversity. 7. Project Personnel 7.1. List the Project Personnel I would like to use the provided table for my project personnel information. 7.1.1. Provided Project Personnel Table Project Personnell List.xlsx Appendix BDocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 28423 Name Title/Qualification Project Role Level of Involvement Alex Nordquest Forestry Division Manager, City of Bozeman Project Lead High involvement Wynn Krauss Forestry Division Foreman, City of Bozeman Project Assistant Moderate involvement Amy Hansen Forestry Division Arborist Project Assistant Occasional involvement Jesse Silva Forestry Division Arborist Project Assistant Occasional involvement Luke Gladis Forestry Division Arborist Project Assistant Occasional involvement Lilly McLane Watershed Restoration Director, Gallatin Watershed Council Project Lead High involvement Tess Parker Community Engagement Manager, Gallatin Watershed Council Project Lead High involvement ____________ Appendix B Project Personnel Table DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 29424 7.2. Supplemental Information - Project Personnel Narrative. If desired, use this space to explain or expand on the Personnel information. Alex Nordquest - Alex would be heavily involved with this project, working directly with GWC staff to select planting sites within the CEJST and EJ map areas of Bozeman. This would include both park spaces and street boulevards that are lacking tree canopy. He would also contribute to the development of educational materials for the voucher program. Forestry Staff - Wynn, Amy, Jesse, and Luke would contribute when it's time to purchase and/or deliver trees on volunteer days. This would be minimized to simply dropping off trees and planting supplies, as most volunteer plantings will be led by GWC staff off-hours. Lilly McLane - Lilly would be heavily involved, directly assisting in the selection of planting sites and leading creation of the voucher program. Tess Parker - Tess is the GWC's lead for volunteer events of all kinds. She's participated in several Forestry events and has the expert knowledge necessary to lead volunteers through the details of a successful tree planting. 8. Leveraging Local Support and Outreach 8.1. List local groups and people supporting the project with in-kind contributions and volunteering time. I would like to use the provided table for my Leveraging Local Support and Outreach information. 8.1.1. Provided table for Leveraging Local Support and Outreach. Leveraging Support List.xlsx 8.2. Supplemental Information - Leveraging Support Narrative. If desired, use this space to explain or expand on the Leveraging Support List. The local support list includes several potential partners. We don't currently have planting sites finalized for the duration of this grant project, but all partners listed have participated in previous events with either their time or donations. Further local support could include other business and community groups looking for volunteer opportunities. 9. Project Work Plan and Schedule 9.1. Outline the Project Work Plan and Schedule I would like to use the provided table for my Project Work Plan and Schedule. 9.1.1. Provided Table for Work Plan and Schedule TableTemplate.xlsx Appendix BDocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 30425 Partner Organization Name Activities/Effort Oboz Shoes Donations, Staff Volunteer Hours Bozeman Co-Op Grocery Donations NorthWestern Energy Donations, Staff Volunteer Hours ____ Volunteers Activities/Efforts Public Volunteers Tree Planting, Watering Local Eagle Scouts Groups Tree Planting, Watering ____ Appendix B Leveraging Local Outreach and Support DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 31426 Task Start Date End Date Select sites for 2024 Summer Planting March 2024 April 2024 Purchase and reserve trees March 2024 April 2024 Conduct 2024 Volunteer Events May 2024 July 2024 Volunteer Weekly Watering May 2024 September 2024 Draft Voucher Program Materials March 2024 April 2024 Print and Distribute Vouchers April 2024 July 2024 ___ Appendix B Work Plan and Schedule DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 32427 9.2. Supplemental Information - Project Work Plan and Schedule Narrative. If desired, use this space to explain or expand on the Project Plan and Schedule. Volunteer planting sites would be selected for 2024, with the process repeated for 2025. Gallatin Watershed Council staff will provide outreach and advertising to announce events and conduct volunteer signups and waivers. Once vouchers are distributed, GWC staff would track redeemed vouchers and provide follow-up with residents. This would include information on the location of trees planted and resident commitments to watering and other key maintenance items for healthy trees. 9.3. Does your project include tree planting? Yes 9.3.1. Upload your 3-year tree establishment plan. Branch_Out_Bozeman_-_3_Year_Tree_Establishment_Plan.docx 9.4. Does your project include a tree planting cost-share program? Yes 10. Project Monitoring and Effectiveness 10.1. Describe how your project will meet the needs of and specifically benefit the disadvantaged community and population where the project is located. Outline long-term results, outputs and deliverables. This project would provide direct benefit to the community within Bozeman's CEJST and EJ mapped areas. We're specifically targeting parks and boulevards within this area for our volunteer projects, and the voucher program will only be available to residents within the mapped area. All volunteer plantings will be added to our tree inventory system and added to a map layer on the Branch Out Bozeman website. Annual maintenance and tree inspections would be conducted by Forestry staff. We'd also track each voucher redeemed for the private landscape and display the number of voucher trees for each year. These map layers on the website would develop into a year-over-year recording of the project's success. 10.2. Describe any potential challenges that could impact the project. Any staff turnover (from either the Forestry Division or Gallatin Watershed Council) would impact this project. However, the central goals and methods of the effort would be recorded by both parties in redundant forms. Another challenge could be volunteer commitment. Failure of volunteers to actually attend their scheduled events, or in fewer numbers than promised, would make completion of planting events more difficult. Inclement weather may lead to rescheduling of events and complicate the limited window for successful planting given Bozeman's hot and dry summers. For the voucher program, we have no idea how much interest we'll generate. The initial launch of 100 vouchers may be excessive, or nowhere near enough to meet demand. We can trial the program through 2024 and reassess, making refinements for 2025 and beyond. 11. Budget Appendix BDocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 33428 Check "More Information" to learn about direct and indirect costs. 11.1. Are you requesting indirect costs for this project? No Budget Table Instructions IRA Funds- No Match Required 1. Download the Project Budget Table Worksheet. 2. Save the budget table worksheet to your local drive. 3. Complete your budget. Use only numbers in the columns. For example, do not use "/hour" or "per hour", it will cause the formulas to fail. 4. Upload completed budget table worksheet below. Rows and columns of the budget table worksheet should tabulate for you. However, please review your math and totals. 11.2. Upload Completed Project Budget Table USE_FY24_UCF_Budget_Template_Match_IRA.xlsx 11.3. Total Funds Requested. 25220.0 12. Supporting Documentation 12.1. Supplemental Information - Upload any supporting documentation you would like included in the application. GIC_-_Parks_Stats.png GIC_-_Streets_Stats.png GIC_-_Citywide_Canopy_Percentage_and_Acreage.png GWC_Costs_-_Planting_and_Voucher_Program.pdf 13. Certification and Authorization to Sign 13.1. Certification and Authority to Sign Yes, I am authorized to sign this application on behalf of the organization I represent. 13.1.1. Federal Funding Certification Statement Alex Nordquest Appendix BDocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 34429 Provide Organization Name -> Cost Breakdown (must equal Total Cost for Personnel Expenses by Position (Salaries/Wages/Benefits) Quantity Hourly Rate or Piece Rate Total Cost Funds Requested -$ -$ -$ -$ Lilly McLane (Gallatin Watershed)1,800.00$ -$ 1,800.00$ Tess Parker (Gallatin Watershed)1,420.00$ -$ 1,420.00$ TOTALS ->-$ 3,220.00$ Operating Expenditures (Travel, Supplies, Rentals, Etc.)Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Large Canopy Trees 20 300.00$ 6,000.00$ 6,000.00$ Small or Medium sized Trees 20 250.00$ 5,000.00$ 5,000.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTALS ->11,000.00$ 11,000.00$ Contracted Professional Services Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Tree Vouchers 100 100.00$ 10,000.00$ 10,000.00$ Printing & Distribution of Vouchers 1,000.00$ 1,000.00$ 1,000.00$ -$ -$ -$ -$ -$ TOTALS ->11,000.00$ 11,000.00$ Total for Direct Cost Categories Funds Requested TOTALS ->25,220.00$ Indirect Costs Rate (%)Indirect Funds Requested Add Indirect Cost Rate Here-> -$ 25,220.00$ Total Project Cost 25,220.00 Total Funds Requested from DNRC (Direct + Indirect) TOTAL -> Appendix B Budget Su p e r s e d e d, S e e Appendix C f o r B u d g et DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 35430 The following documents for UCF-24-306_Bozeman are on file at DNRC: Bozeman Tree Inventory Bozeman Urban Forestry Management Plan Branch Out Bozeman 3-year tree Establishment Plan GIC Parks Map GIC Streets Map GIC Citywide Percentage ad Acreage Map GWC Costs Planting and Voucher Program Appendix B DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 36431 Provide Organization Name -> Cost Breakdown (must equal Total Cost for each Personnel Expenses by Position (Salaries/Wages/Benefits) Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Alex Nordquest (City Forestry)120 50.00$ 6,000.00$ Wynn Krauss (City Forestry)40 30.00$ 1,200.00$ Amy Hansen (City Forestry)20 27.00$ 540.00$ Jesse Silva (City Forestry)20 26.00$ 520.00$ Luke Gladis (City Forestry)20 25.00$ 500.00$ Lilly McLane (Gallatin Watershed)1,800.00$ -$ 1,800.00$ Tess Parker (Gallatin Watershed)1,420.00$ -$ 1,420.00$ TOTALS ->8,760.00$ 3,220.00$ Operating Expenditures (Travel, Supplies, Rentals, Etc.)Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Large Canopy Trees 20 300.00$ 6,000.00$ 6,000.00$ Small or Medium sized Trees 20 250.00$ 5,000.00$ 5,000.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTALS ->11,000.00$ 11,000.00$ Contracted Professional Services Quantity Hourly Rate or Piece Rate Total Cost Funds Requested Tree Vouchers 50 100.00$ 5,000.00$ 5,000.00$ Printing & Distribution of Vouchers 780.00$ -$ 780.00$ -$ -$ -$ -$ -$ TOTALS ->5,000.00$ 5,780.00$ Total for Direct Cost Categories Funds Requested TOTALS ->20,000.00$ Indirect Costs Rate (%)Indirect Funds Requested Add Indirect Cost Rate Here-> -$ 20,000.00$ Total Project Cost 20,000.00 Total Match Provided Total Funds Requested from DNRC (Direct + Indirect) TOTAL -> Appendix C DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 37432 Additional Requirements to Proposal In addition to the specifications provided in Appendix A, the following must be completed: 1)Tree planting specifications - Part (A) 2)Final Work Inspection Form -Part (B) Part (A) – Tree Planting All tree planting projects must follow the Best Management Practices for Tree Planting, a special companion publication to the ANSI A300 Part 6: Tree, Shrub, and Other Woody Plant Maintenance – Standard Practices (Transplanting). This booklet covers bare root, containerized, and balled and burlap tree stock. Specifications are summarized here: Time of Year - The ideal time to plant a tree is when it is in a dormant condition, either in early spring before bud-break, or in the fall, after leaves have dropped. Weather conditions at these times are generally cool, allowing plants to establish new roots before the onset of harsh temperatures. Location – Visualize the tree in 20 years. Consider site restrictions (available growing space, soil, pavement, overhead/underground utilities, etc.) Call local utility services at least 2 days prior to digging to locate underground utilities. (Usually 811 or 1-800-424-5555 in MT) Tree selection –Carefully inspect trees and only purchase those that have a strong stem and no physical damage. Avoid trees with circling roots, severe pruning cuts, dead bark or signs of insects and disease. Site preparation – Dig a hole three times as wide as the root ball, but not deeper. Amending soil is not necessary unless planting in disturbed sites or poor soil quality. Break up compacted soil on sides of the hole, and leave bottom firm. Tree preparation – 1) Identify root flare - part of the trunk where the roots spread out at the base of the tree. Root flare should be visible after the tree has been planted. You may have to remove some soil from the top of the root ball to find the flare. 2) Cut away strings and burlap or plastic from around the trunk. If tree is container grown, carefully remove container. Tree placement – Lift tree into planting space by the root ball, not the trunk. Ensure tree is at proper depth and never plant too deep. Trunk flare and top of root ball should be at grade. Balance tree upright at center of planting space. Pull back burlap as much as possible without removing soil from the root ball. Fill with soil – Fill the hole while watering, periodically pausing to gently tamp base, ensuring the tree is firmly settling in the planting space. Finish filling soil just below the trunk flare. Mulch – Apply 2 inches of organic material i.e. wood chips or similar composted material. Leave bare soil around the trunk. Remove any tags, wrap, flagging, etc. from the tree. Such items were only meant as protection during transportation and installation. Only stake if necessary - Trees will establish more quickly and develop stronger trunk and root systems if they are not staked at the time of planting. However, protective staking may be required on sites where equipment, animal damage, vandalism or windy conditions are concerns. Use a wide, flexible tying material to avoid injuring trunk and allow the Diagram courtesy of San Antonio Parks and Recreation Appendix D DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 38433 tree to move or sway. Remove staking and ties after one year. Establishment – Do not fertilize at planting time. Water regularly throughout the first growing season (about once a week unless significant rainfall is received), but do not overwater. Keep lawn mowers and string trimmers away from tree to avoid wounding bark. Only prune dead or injured branches at time of planting. Long term care & protection – Have a 3-year annual inspection program to replace mulch, provide small tree training (light pruning cuts), and check for signs of stress, insects, disease, or vandalism. Keep trunk area free and clear of weeds and other competing vegetation. Put a fence around tree if site is a feeding ground for rabbits, deer, or other wildlife. Part (B) – Project Inspection Form Once the Subaward Project is complete, the Subrecipient must contact the DNRC regional urban forester to schedule a final project inspection. The inspection will verify that all required work has been completed and performed in accordance with state and program specifications. The Project Inspection Form must be completed by the DNRC regional urban forester or duly designated DNRC representative. Upon completion and submittal of the Project Inspection Form, a final payment of subaward agreement funds, including any funds that may have been withheld from earlier payment requests, is made to the Subrecipient. If the project is not inspected and approved by the DNRC regional urban forester, or deficiencies are found during inspection and not corrected, funds may be withheld from the Subrecipient. Appendix D DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 39434 Revised 5/2024 Request for Disbursement of Grant/Subaward Funds DNRC Financial Report Organization Name: Agreement #: ☐Request for Reimbursement or ☐Request for Advance Total Award Amount: $ Funds Previously Requested: $ Period Covered by this Request – From Date: To Date: Award Share – REQUEST this Period DNRC validates category spending with each request. Overspending a category budget may delay payment. Employee Time: salary/wages/benefits $ Operating Expenses $ Payments to Landowners (Beneficiaries) $ Contracted Services (incl. Contractor Time) $ Subtotal – Direct Costs $ Indirect Costs $ Total Request Amount $ Recipient Share – MATCH this Period ☐No Match Required Employee Time: salary/wages/benefits $ Operating Expenses $ Landowner Contributions $ Contracted Services (incl. Contractor Time) $ Other (explain in Remarks section below) $ Total Match Amount $ Program Income Earned: $ Award Balance after this Request: $ Remarks: Authorized Certifying Official: I certify to the best of my knowledge and belief that the information provided herein is true, complete, and accurate. I am aware that the provision of false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative consequences including, but not limited to violations of U.S. Code Title 18, Sections 2, 1001, 1343 and Title 31, Sections 3729-3730 and 3801-3812. Name: Title: Email: Signature: Date: Appendix E DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 40435 Upload volunteer time tracking data Workforce Development accomplished during this reporting period: Were trainings offered? Y/N How many people participated? How many jobs or equivalent FTE were created or maintained because of this project? Please share any media coverage, social media posts, and any stories, videos, or photos. Narrative space for stories, URL’s, and links. Upload space for photos and videos Appendix F UCF PD/IRA Biannual Report Worksheet The intent of this worksheet is to provide a preview of information that will be required on the report. Do not submit this worksheet as a report. Reports must be submitted on the Submittable platform. Your Name, Organization Name Agreement # UCF-XX-XXX Reporting Period: __January 1 - June 30, __July 1 - December 31 Year Project Status: Estimated percentage of project complete. Are you experiencing any delays or issues that are affecting the implementation of the project? If yes, explain issue and remedies. Deliverables and metrics accomplished during this reporting period: Where did project work take place? List all locations where project work took place with an address, park name, or area description. Be prepared to provide data for the following if part of your project: How many total trees were planted at all project locations? Was species diversity increased? Y/N If yes, how? How many total trees were pruned or removed? Was the wood utilized in some way, mulch etc.? Y/N If yes, describe use. How many volunteer hours were worked? DocuSign Envelope ID: A4024EE0-A562-4617-833D-B63827C72203Docusign Envelope ID: 22A62B54-4254-4DD6-8A92-D87DBA535155 41436