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REQUEST FOR PROPOSALS (RFP)
LEGAL SERVICES FOR TELECOMMUNICATIONS INCLUDING
UPDATING ORDINANCES, PERMITTING OF NEW
FACILITIES, AND LICENSING USE OF CITY FACILITIES
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
November 2024
NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from individual
attorneys or law firms knowledgeable of federal and state telecommunications law for assistance
in: generally advising the City of Bozeman on telecommunications law, reviewing and
recommending revisions to Bozeman Municipal Code Sec. 38.370 – Wireless Facilities, advising
and recommending practices related to permitting of wireless facilities and licensing of city
facilities for locating wireless facilities, and advising on related and programmatic and/or policy
work. In addition to the above, the City has also identified three specific areas for which it is
seeking proposals:
a. Evaluating the City’s wireless and telecommunication facility code, including but not
limited to ensuring the City is properly regulating the location, placement,
dimensions, and design of wireless and telecommunication facilities, to ensure its
code complies with federal and state law;
b. Ensuring the City’s application and permitting process for encroachments in the
right of way complies with federal and state law, and with best practices; and
c. Assisting the City in developing model terms for when the City is approached to
lease space on and in city facilities for telecommunication and/or wireless purposes,
or for use when the City is renegotiating existing leases and licenses, including but
not limited to conduit leases.
Copies of the Request for Proposals are available on the City’s website.
All proposals must be provided as a single, searchable PDF document file and be submitted
digitally as an email attachment to the RFP Recipient email address below. Respondents are
advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be
allowed per response. The subject line of the transmittal email shall clearly identify the RFP title,
company name and due date/time. File sizes greater than 25MB in size may be upon special
arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the
file upload is completed, and that the Recipient is separately notified via email of same, prior to
the given deadline.
Deliver RFPs via email to the City Clerk by Thursday, December 19, 2024 at 5pm MDT. It is the
sole responsibility of the proposing party to ensure that proposals are received prior to the closing
time as late submittals will not be accepted and will be returned unopened.
The email address for submission is: procurement@bozeman.net
NON-DISCRIMINATION AND EQUAL PAY
The City of Bozeman is an Equal Opportunity Employer.
Discrimination in the performance of any agreement awarded under this RFP on the basis of race,
color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual
orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring
and treatment of the awarded entity’s employees and to all subcontracts.
As such, each entity submitting under this notice shall include a provision wherein the submitting
entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion,
creed, sex, age, marital status, national origin, or because of actual or perceived sexual
orientation, gender identity or disability and which also recognizes the eventual contract will
contain a provision prohibiting discrimination as described above and that this prohibition on
discrimination shall apply to the hiring and treatment of the submitting entity’s employees and
to all subcontracts.
In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under
this RFP and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104,
MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the
State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best
practices publication and has read the material.
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk (406) 582-2321, procurement@bozeman.net.
Questions relating to the RFP should be directed to: Jennifer Giuttari, Assistant City Attorney,
(406) 582-2309, jgiuttari@bozeman.net.
DATED at Bozeman, Montana, this November 21, 2024.
Mike Maas
City Clerk
City of Bozeman
For publication on:
Saturday, November 23, 2024
Saturday, December 7, 2024
I. INTRODUCTION
The City of Bozeman (City), is seeking proposals from individual attorneys or law firms (RFP
Respondent) to provide expert consultation and advice on creating a revised wireless facilities/
telecommunications ordinance. The City is also seeking legal services to advise the City on its
general telecommunications permitting process and best practices in licensing use of City
facilities for placement of telecommunication facilities. The current version of the City’s
wireless facilities code can be found at Bozeman Municipal Code Sec. 38.370 – Wireless
Facilities.
The primary deliverable of this project is: (i) a fully drafted ordinance that staff can present to
the Bozeman City Commission for adoption related to land use regulation of
telecommunication facilities; and (ii) recommendations on the City current and future licensing
of City facilities for placement of telecommunication facilities. The City anticipates this will
require the selected RFP Respondent to conduct a thorough evaluation of the City’s wireless
facility code provisions and any other related local code sections to ensure City is in compliance
with federal, state, and local laws, administrative rulings, and case law. After conducting a
review and analysis of the City’s wireless facility code provisions, and as further detailed in
Section III – Scope of Service, the selected RFP Respondent has discretion to determine if
additional deliverables may be appropriate including, but not limited to, drafting a findings
report, and creating advisory documents and policies to assist staff in implementing the new
code.
The City intends to enter into a contract with a RFP Respondent who can execute the Scope of
Services as detailed in Section III of this RFP.
This RFP shall not commit the City to enter into an agreement, to pay any expenses incurred in
preparation of any response to this request, or to procure or contract for any supplies, goods or
services. The City reserves the right to accept or reject all responses received as a result of this
RFP if it is in the City’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFP, all RFP Respondents agree to be bound by the laws of the State of
Montana and of the City, including, but not limited to, applicable wage rates, payments, gross
receipts taxes, building codes, equal opportunity employment practices, safety, non-
discrimination, etc.
II. PROJECT BACKGROUND AND DESCRIPTION
The City began regulating telecommunication towers in 1998 when it adopted its first body of
local law governing telecommunications in the Bozeman Municipal Code. In adopting these
local laws, the City understands that it has a duty to protect the public health, safety, and
welfare. The City further understands that this duty must be considered when it regulates the
placement, construction, and modification of wireless facilities. The City also understands that
its local government authority to do so is governed by the Telecommunications Act of 1996. As
a result, through this RFP, the City seeks an RFP Respondent who specializes in wireless and
telecommunications law so the City can ensure that it provides and issues clear and consistent
regulations and standards for wireless and telecommunication facilities. The City understands
that, in consideration of the selected RFP Respondent’s direction and advice, this may include a
comprehensive re-writing of its telecommunication and wireless facilities code. The intention of
this code overhaul is to include in the revised code any changes under federal and state laws,
FCC rulings, and case law updates.
As part of its desire to ensure its wireless facilities code is current with federal and state laws,
the City seeks advice and counsel on topics including, but not limited to:
a. Evaluating the City’s wireless and telecommunication facility code, including but not
limited to ensuring the City is properly regulating the location, placement,
dimensions, and design of wireless and telecommunication facilities, to ensure its
code complies with federal and state law;
b. Ensuring the City’s application and permitting process for encroachments in the
right of way complies with federal and state law, and with best practices; and
c. Assisting the City in developing model terms for when the City is approached to
lease space on and in city facilities for telecommunication and/or wireless purposes,
or for use when the City is renegotiating existing leases and licenses, including but
not limited to conduit leases.
III. SCOPE OF SERVICES
The selected RFP Respondent will act as a project manager on drafting an update to the City’s
existing wireless and telecommunication facilities code. To execute this project, the selected
RFP Respondent will have experience with telecommunication and wireless law and is expected
to be familiar with all applicable and relevant federal, state, and local laws, administrative
rulings, and case law. The selected RFP Respondent will also have knowledge about a local
government’s regulatory authority under the Telecommunications Act of 1996, as well as a local
government’s authority to adopt zoning regulations.
As the project manager, the selected RFP Respondent will be responsible for the following
work:
a. Lead and manage the project, including identifying a lead project manager who
will serve as the direct contact for the City;
b. Complete a comprehensive review of the City’s current wireless facilities code in
BMC Sec. 38.370 as well as other related code sections;
c. Organize and attend meetings, as needed, with the City, and other identified
interested parties when conducting its review and research of the City’s wireless
facilities code;
d. Prepare a findings report detailing its research, analysis, and recommendations;
e. Draft revisions to existing code;
f. Finalize revisions to existing code;
g. Attend any organizational meetings, including but not limited to the Community
Development Board and City Commission meetings;
h. Draft supporting materials which may include, but is not limited to, applications,
licenses, review procedures, advisory and guidance documents, and policy
documents.
Upon selection, the City and the selected RFP Respondent may choose to amend or modify the
above-listed work. The primary final project deliverable will be a finalized ordinance to be
presented to the Bozeman City Commission. After the selected RFP Respondent completes its
research and analysis, but prior to finalizing the code revisions, it may, if appropriate, propose
additional deliverables in its recommendations, such as drafting supporting documents as listed
above in III.a. If selected RFP Respondent recommends additional deliverables, City has full and
final discretion in determining if such deliverables are a necessary part of the Scope of Work for
this project. Final project delivery is required no later than June 30, 2025.
IV. PROPOSAL REQUIREMENTS
Firms interested in providing the services described above are requested to submit the following
information. Responses to each item should appear in the same order as in this RFP and should
identify the item to which the responses applies.
1. Cover Page. Include the identity of the project manager.
2. Table of Contents.
3. Executive Summary. A brief overview of the proposal.
4. Individual/Firm Profile. Education and experience background and qualifications, and
years of experience working in the field of wireless and telecommunications law.
5. Scope of Project. Details about how it intends to meet the Scope of Services as well as
any suggestions for additional work to be included in the Scope of Services.
6. Related Experience with Projects Similar to the Scope of Services. Detail any other
similar projects completed for a governmental entity.
7. Proposed Project Timeline. Detailed schedule of how the project will be run.
8. Present and Projected Workloads.
9. Price Proposal. A breakdown of all costs involved.
10. Affirmation of Nondiscrimination (see Attachment A).
Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of firms.
V. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
EVENT DATE/TIME
Publication dates of RFP Saturday, November 23, 2024
Saturday, December 7, 2024
Deadline for receipt of proposals Thursday, December 19, 2024
Evaluation of proposals Friday, January 10, 2025
Interviews (if necessary) and Selection of
consultants
TBD
With the exception of the advertising dates and advertised due date, the City reserves the right
to modify the above timeline.
Deliver RFPs via email to the City Clerk (procurement@bozeman.net) by Friday, December 19,
2024 at 5:00pm MST. It is the sole responsibility of the proposing party to ensure that
proposals are received prior to the closing time as late submittals will not be accepted and will
be returned unopened. All proposals must be provided as a single, searchable PDF document
file and be submitted digitally as an email attachment to the RFP Recipient email address
procurement@bozeman.net. Respondents are advised that Recipient’s email attachment size
limit is 25MB and that only one PDF file will be allowed per response. The subject line of the
transmittal email shall clearly identify the RFP title, company name and due date/time. File
sizes greater than 25MB in size may be uploaded upon special arrangement of the Recipient;
however, it is the respondent’s sole responsibility to ensure the file upload is completed, and
that the Recipient is separately notified via email of same, prior to the given deadline.
VI. AMENDMENTS TO SOLICITATION
Any interpretation or correction of this request will be published on the City’s webpage. The
deadline for questions related to this document is Thursday, December 12, 2024 at 5pm MDT.
VII. CONTACT INFORMATION
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk, (406) 582-2321, procurement@bozeman.net
Questions relating to scope of services should be directed to: Jennifer Giuttari, Assistant City
Attorney, jgiuttari@bozeman.net, 406-582-2309.
VIII. SELECTION PROCEDURE
A review committee will evaluate all responses to the RFP that meet the submittal requirements
and deadline. Submittals that do not meet the requirement or deadline will not be considered.
The review committee will rank the proposals and may arrange interviews with the finalist(s) prior
to selection. Selection may be made directly based on the written RFP submission.
If interviews occur, the selection of finalists to be interviewed will be made by a selection
committee representing the City of Bozeman. The selection of interview candidates will be based
on an evaluation of the written responses to the RFPs.
All submitted proposals must be complete and contain the information required as stated in the
"Request for Proposals.”
IX. SELECTION CRITERIA
Proposals will be evaluated based on the following criteria:
1. [5 points] Executive Summary.
2. [40 points] Qualifications and Cost.
3. [50 points] Scope of Project
4. [5 points] Related Experience with Projects Similar to this Scope of Services.
X. FORM OF AGREEMENT
The selected RFP Respondent will be required to enter into a contract with the City, in a form
agreed upon by the Parties, and subject to City Commission approval.
XI. CITY RESERVATION OF RIGHTS / LIABILITY WAIVER
All proposals submitted in response to this RFP become the property of the City and public
records and, as such, may be subject to public review.
A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS
UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER
WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT
ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE.
A. This RFP may be canceled or any or all responses may be rejected in whole or in part, as
specified herein, when it is in the best interests of the City. If the City cancels or revises
this RFP, all Respondents who submitted will be notified using email.
B. The City reserves the right to accept or reject any and all proposals; to add or delete
items and/or quantities; to amend the RFP; to waive any minor irregularities,
informalities, or failure to conform to the RFP; to extend the deadline for submitting
proposals; to postpone award for up to 60 days; to award one or more contracts, by
item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards
or phases are determined by the City to be in the public interest.
C. The City of Bozeman reserves the right to reject the proposal of any person/firm who
previously failed to perform properly to the satisfaction of the City of Bozeman, or
complete on time agreements of similar nature, or to reject the proposal of any
person/firm who is not in a position to perform such an agreement satisfactorily as
determined by the City of Bozeman.
D. The City of Bozeman reserves the right to determine the best qualified RFP Respondent
and negotiate a final scope of service and cost, negotiate a contract with another RFP
Respondent if an agreement cannot be reached with the first selected RFP Respondent,
or reject all proposals.
E. The agreement between the City of Bozeman and the selected RFP Respondent will
include the selected RFP Respondent’s scope of service and work schedule as part of the
agreement.
F. This RFP does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by firms in responding to this request for proposals or
request for interviews, additional data, or other information with respect to the
selection process, prior to the issuance of an agreement, contract or purchase order.
The RFP Respondent, by submitting a response to this RFP, waives all right to protest
or seek any legal remedies whatsoever regarding any aspect of this RFP.
G. The City reserves the right to cancel, in part or in its entirety, this RFP including, but not
limited to: selection procedures, submittal date, and submittal requirements. If the City
cancels or revises this RFP, all RFP Respondents who submitted proposals will be
notified using email.
H. Projects under any contract are subject to the availability of funds.
XII. NONDISCRIMINATION AND EQUAL PAY POLICY
The City requires each entity submitting under this notice shall affirm, on a separate form
provided, that it will not discriminate on the basis of race, color, religion, creed, sex, age,
marital status, national origin, or because of actual or perceived sexual orientation, sexual
preference, gender identity, or disability in fulfillment of a contract entered into for the
services identified herein and that this prohibition on discrimination shall apply to the hiring
and treatment of the submitting entity’s employees and to all subcontracts it enters into in
the fulfillment of the services identified herein. Failure to comply with this requirement shall
be cause for the submittal to be deemed nonresponsive.
The City also requires each entity submitting under this notice shall affirm it will abide by the
above and that it has visited the State of Montana Equal Pay for Equal Work “best practices”
website, or equivalent “best practices publication and has read the material.
XIII. MISCELLANEOUS
A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or
agent of the City shall affect or modify any term of this solicitation. Oral communications
or any written/email communication between any person and City officer, employee or
agent shall not be considered binding.
B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent
agreement, or any other contract entered into as a result of this solicitation, shall
constitute, create, give rise to or otherwise be recognized as a partnership or formal
business organization of any kind between or among the respondent and the City.
C. Employment Restriction and Indemnity. No person who is an owner, officer,
employee, contractor, or consultant of a respondent shall be an officer or employee of
the City. No rights of the City’s retirement or personnel rules accrue to a respondent,
its officers, employees, contractors, or consultants. Respondents shall have the
responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s
compensation and occupational disease compensation, insurance, unemployment
compensation other benefits and taxes and premiums appurtenant thereto concerning
its officers, employees, contractors, and consultants. Each Respondent shall save and
hold the City harmless with respect to any and all claims for payment, compensation,
salary, wages, bonuses, retirement, withholdings, worker’s compensation and
occupational disease compensation, insurance, unemployment compensation other
benefits and taxes and premiums in any way related to each respondent’s officers,
employees, contractors and consultants.
D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons
with sensory impairments. For further information please contact the City’s ADA
Coordinator, David Arnado, at 406-582-3232.
E. Procurement. When discrepancies occur between words and figures in this solicitation,
the words shall govern. No responsibility shall attach to a City employee for the
premature opening of an RFP not properly addressed and identified in accordance with
these documents.
F. Governing Law. This solicitation and any disputes arising hereunder or under any future
agreement shall be governed and construed and enforced in accordance with the laws
of the State of Montana, without reference to principles of choice or conflicts of laws.
XIV. ATTACHMENTS
The following exhibits are incorporated in this RFP:
Appendix A: Non-Discrimination Affirmation
END OF RFP
Appendix A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(name of entity submitting) hereby affirms it will
not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer’s employees and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act), and it will abide by the above and that it has visited the State of Montana Equal
Pay for Equal Work “best practices” website, or equivalent “best practices publication and has
read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter