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HomeMy WebLinkAbout01-28-25 City Commission Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence or Mindfulness C. Changes to the Agenda D. Public Service Announcements E. FYI F. Commission Disclosures G. Consent G.1 Accounts Payable Claims Review and Approval (Edwards) G.2 Authorize the City Manager to Sign a Grant Agreement with One Valley Community THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, January 28, 2025 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 Foundation for Investment in the Regional Housing Coalition(Munfrada) G.3 Authorize the City Manager to Approve the Assistance to Firefighters Grant Application for PPE and Quick Response Vehicle Outfitting.(Waldo) G.4 Authorize the City Manager to Approve the Application Submission to MT Department of Natural Resources (DNRC) for Branch Out Bozeman: Volunteer Planting Sites and Voucher Program -Round Two.(Nordquest) G.5 Authorize the City Manager to Approve the Submission of a Grant Application to MT Department of Natural Resources for an Urban and Community Forestry Grant for the City of Bozeman's Urban Forest Management Plan(Nordquest) G.6 Authorize City Manager to Approve the Bureau of Justice Edward Byrne Memorial Justice Assistance Grant Award(McNeil) G.7 Authorize the City Manager to Sign a Professional Services Agreement with Weston Solutions for Environmental Services on the 2025 Transportation Alternatives Bike/Ped Project and Pathway Preservation Project(Gamradt) G.8 Authorize the City Manager to sign a Professional Services Agreement with Jacobs for Engineering Services to Study the Phosphorous Removal Process in Place at the Water Reclamation Facility(Kercher) G.9 Authorize the City Manager to Sign an Agreement with the Montana Department of Transportation (MDT) for Utilities Relocates Associated with MDT Work on North 7th Avenue(Kohtz) G.10 Authorize the City Manager to Execute an Agreement with the Montana Department of Transportation (MDT) for Utilities Relocates Associated with MDT Work on North 7th Avenue(Kohtz) G.11 Authorize the City Manager to Sign a Professional Services Agreement with Advanced Engineering and Environmental Services, LLC (AE2S) for Integrated Water Resource Plan Phase 1 Services(Kohtz) G.12 Authorize City Manager to Sign Professional Services Agreements for Facilities Contractors Term Contracts(Miller) G.13 Authorize the City Manager to Sign an Amendment 1 to Professional Service Agreement with Pioneer Technical Services for Geotechnical Investigation at Bozeman Sports Park(Jadin) G.14 Authorize City Manager to Sign a Second Amendment to the Professional Services Agreement with Human Resource Development Council IX(Munfrada) G.15 Authorize the City Manager to Sign a Task Order 008 with Sanbell for Design Services for a North 7th Avenue Pedestrian Crossing(DiTommaso) G.16 Adopt a Resolution to Authorize Change Order Two for Highland Construction for Glen Lake 2 Rotary Park Parking Lot(Jadin) H. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission I. Special Presentation I.1 Snow Plowing Odd-Even Parking Pilot Program (Ross) J. Action Items J.1 Ordinance 2025-### to Repeal and Replace Division 38.380 of the Bozeman Municipal Code in Support of Affordable Housing Production(Montana/Fine) K. FYI / Discussion L. Adjournment This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name, and 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. Consider the Motion: Having reviewed and considered the staff report, draft ordinance, public comment, Economic Vitality Board and Planning Commission recommendations, and all information presented, I hereby adopt the findings presented in the staff report for application 24529 and move to approve the proposed Affordable Housing Ordinance 2025, as reflected in the staff report. City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, David Arnado, at 406.582.3232. 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:January 28, 2025 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 January 29th, 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:Renata Munfrada, Community Housing Program Coordinator David Fine, Urban Renewal and Housing Program Manager Brit Fontenot, Director of Economic Development SUBJECT:Authorize the City Manager to Sign a Grant Agreement with One Valley Community Foundation for Investment in the Regional Housing Coalition MEETING DATE:January 28, 2025 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to Sign a Grant Agreement with One Valley Community Foundation for Investment in the Regional Housing Coalition STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:One Valley Community Foundation is the convener of the Regional Housing Coalition (RHC), a cross-sector group of diverse partners and resources that creates solutions to address the most pressing housing related needs in Gallatin County. RHC member include elected officials and public sector leaders, nonprofit affordable housing developers, homeless service providers, banks, realtors, employers, and more. The RHC is working to create housing solutions for some of our most at-risk populations. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:$50,000 in grant funding will be made available from the Community Housing division budget. Attachments: RHC Grant Agreement FY2025.pdf City of Bozeman Grant Request.pdf Report compiled on: December 3, 2024 5 FY 2025 One Valley Community Foundation Grant Agreement – Regional Housing Coalition GRANT AGREEMENT One Valley Community Foundation Regional Housing Coalition THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and between the City of Bozeman, Montana, a self-governing municipal corporation located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as GRANTOR and One Valley Community Foundation, a non-profit organization located at 865 Technology Boulevard, Suite B, Bozeman, Montana 59718 as GRANTEES. WHEREAS, on October 17, 2005, the Bozeman City Commission adopted Resolution No. 3866 establishing policies for the granting of funds from the City of Bozeman to a requesting entity; and WHEREAS, One Valley Community Foundation submitted a proposal to the City Commission for a grant of $50,000 to support the Regional Housing Coalition (the “Project”) that would benefit from the City funding; and WHEREAS, the City Commission may make grants of money for public purposes pursuant to Sect. 7-1-4124(9), MCA; and WHEREAS, the City Commission determines the granting of funds under this Agreement is for a public purpose benefitting the community with a regional cross-sector group of diverse partners and resources that creates solutions to address the most pressing housing-related needs in Gallatin County; and WHEREAS, on January 28, 2025, the Commission appropriated $50,000 for the Project. THE PARTIES AGREE: 1. The Grant. The City will grant and release to GRANTEE a sum of up to fifty thousand dollars ($50,000) from its Community Housing Fund (the “Grant”) pursuant to the payment terms in Section 3. 2. Use of Grant Funds. Grant funds in the amount of fifty thousand dollars ($50,000) will be used by GRANTEE for the sole purpose of providing funding to the Regional Housing Coalition, as described in the proposal submitted by Grantee to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. 3. Payment of Grant Funds a. Grantee may request the Grant funds during the fiscal year ending June 30, 2025, as needed by providing proof of expenses paid. Acceptable forms of proof of 6 FY 2025 One Valley Community Foundation Grant Agreement – Regional Housing Coalition payment shall be as determined in the sole discretion of the City’s Director of Finance. b. Any funds from the Grant not awarded during the fiscal year ending June 30, 2025, will remain in the City’s Community Housing Fund and will be available for other appropriation. c. The City will have no obligation to pay any Grant funds unless at the time of the request for payment (i) all of GRANTEE’s representations as set forth in Section 4 are true and correct, and (ii) GRANTEE is not in breach of any term of this Agreement. If any of the above conditions are not satisfied in sole the determination of the City, the City shall have no obligation to make payment and the City’s determination to refrain from paying, or its inability to pay, any of the Grant funds shall not be or result in a default of this Agreement. 4. Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect Grantee’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations 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 for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project. 5. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE, GRANTEE will provide to the City a formal written report that includes, at a minimum, the proof of expenses paid. GRANTEE agrees to develop and/or provide such other documentation as requested by the City demonstrating GRANTEE’s compliance with the requirements of this Agreement. GRANTEE must 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 monies provided to GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. GRANTEE will retain such records for seven years after receipt of final payment 7 FY 2025 One Valley Community Foundation Grant Agreement – Regional Housing Coalition under this Agreement unless permission to destroy them is granted by the City. GRANTEE shall not issue any statements, releases, or information for public dissemination without prior approval of the City. 6. Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with the Project. 7. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors are 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. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 8. Default and Termination. a. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 9. Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE 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 GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first 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 ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 8 FY 2025 One Valley Community Foundation Grant Agreement – Regional Housing Coalition 10. Representatives a. City’s Representative. The City’s Representative for the purpose of this Agreement shall Melissa Hodnett, Finance Director, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, GRANTEE may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this Agreement shall be Mark Bond or such other individual as GRANTEE shall designate in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication shall be directed to GRANTEE’s Representative; provided, however, that in exigent circumstances when GRANTEE’s Representative is not available, City may direct its direction or communication to other designated GRANTEE personnel or agents. 11. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify, and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third-party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. 9 FY 2025 One Valley Community Foundation Grant Agreement – Regional Housing Coalition In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. GRANTEE also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’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 GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and GRANTEE 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 The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 10 FY 2025 One Valley Community Foundation Grant Agreement – Regional Housing Coalition 12. Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by Grantee of persons performing this Grant Agreement shall be on the basis of merit and qualifications. GRANTEE will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GRANTEE 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. GRANTEE 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). GRANTEE 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. GRANTEE shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 13. Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City are subject to the open meeting requirements of Montana law, including those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To ensure compliance, GRANTEE will provide agendas for meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s office no later than 72 working hours prior to meeting for notice on the City’s official posting board and any other sites deemed reasonable by the Clerk’s office. In addition, meeting minutes will be kept by GRANTEE and provided to the City Clerk’s office no later than 90 days after the meeting. These minutes shall be posted and made available to the public by the City Clerk’s office except for those minutes taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk’s office but shall be handled in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. 11 FY 2025 One Valley Community Foundation Grant Agreement – Regional Housing Coalition GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney-client relationship between GRANTEE and the City. 14. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 15. Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 16. 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. 17. No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 18. No Third-Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 19. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties 12 FY 2025 One Valley Community Foundation Grant Agreement – Regional Housing Coalition agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 20. 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. 21. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 22. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 23. 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 have executed this instrument the day and year indicated below. _______________________ Date: __________ Chuck Winn, Acting City Manager City of Bozeman _______________________ Date: __________ Print name and Title: ___________________________ Bridget Wilkinson, Executive Director Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman 13 City of Bozeman RHC Grant Request | 1Initiative of One Valley Community Foundation RHC Grant Request City of Bozeman ENTITY NAME One Valley Community Foundation DOLLAR AMOUNT REQUESTED $50,000 ENTITY’S PHYSICAL ADDRESS 865 Technology Bvld, Suite B Bozeman, Montana 59718 NUMBER OF YEARS OF OPERATION AS A NON-PROFIT ORGANIZATION 26 Years LINK TO MOST RECENT ANNUAL FINANCIAL REPORT 2023 Annual Report (www.onevalley.org/2023-annual-report) DESCRIPTION OF THE FUNDING REQUEST IN RELATION TO COMMISSION PRIORITIES AND/OR CITIZEN BENEFIT One Valley Community Foundation is the convener of the Regional Housing Coalition (RHC): a cross-sector group of diverse partners and resources that creates solutions to address the most pressing housing-related needs in Gallatin County. RHC members include elected officials and public sector leaders, nonprofit affordable housing developers, homeless service providers, banks, realtors, employers, and more. The RHC is working to create housing solutions for some of our most at-risk populations. The City is a key partner in this work. After running the workgroup that produced the findings for the City exploring the potential creation of a public housing authority, the RHC has gone on to partner with City staff and elected officials around several of the Commission’s priorities. The RHC’s Unhoused to Housed Initiative is convening the City of Bozeman with every entity that interfaces with our unhoused populations to develop a single regional strategy, eliminate siloes, and conduct a needs assessment that will inform where resources should be directed. This Initiative has been prioritized as a crucial component of our regional response by City staff, the heads of our region’s homeless service providers, and the RHC membership at large. The RHC Permanent Affordability Workgroup is bringing City staff together with the region’s key affordable housing stakeholders to determine how to develop deed-restricted housing faster and more efficiently. This work is essential to identifying ways to expand future affordable housing development. The RHC Communications Workgroup is working in partnership with a communications and marketing firm to develop a comms plan that will ensure that all RHC member organizations can deploy coordinated messaging around housing so that the public can gain a more informed understanding of the work being done to address the current housing shortage as well as the factors impacting affordability. Between the quarterly RHC meetings and multiple workgroups, One Valley and the RHC are providing many valuable connections and services to the City. This funding request will help ensure that this work continues. 14 City of Bozeman RHC Grant Request | 2Initiative of One Valley Community Foundation OTHER ENTITIES FUNDING HAS BEEN REQUESTED FROM AND OTHER PARTNERS ASSISTING WITH FUNDING ENTITY (LIST UP TO THREE) Name #1 - HRDC IX Amount $ - $10,000/year Name #2 - Bozeman Health Amount $ - $20,000 Name #3 - Gallatin Association of Realtors Amount $ - $20,000 CONTACT INFORMATION FOR ENTITY Full Name - Mark Bond Phone - (406) 570-7397 Email Address - mark@onevalley.org Confirm Email Address - mark@onevalley.org 15 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Grants Coordinator Steven Thime, Fire Training Officer Josh Waldo, Fire Chief SUBJECT:Authorize the City Manager to Approve the Assistance to Firefighters Grant Application for PPE and Quick Response Vehicle Outfitting. MEETING DATE:January 28, 2025 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to Approve the Assistance to Firefighters Grant Application for PPE and Quick Response Vehicle Outfitting. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:In September 2024, Bozeman Fire Department received a SAFER (Staffing for Adequate Fire and Emergency Response) grant funding. This application for an Assistance to Firefighters grant supplements the SAFER grant efforts by requesting funding for Personal Protective Equipment (PPE) for the upcoming new Fire Department recruits and by outfitting a Quick Response Vehicle. The City of Bozeman's Strategic Plan supports high quality public safety programs and emergency preparedness. The City's emergency preparedness efforts align well with FEMA's community preparedness objectives in its notice of funding opportunity. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:Contact Kaitlin and Jamie prior to finalizing any agenda items related to grants. Attachments: Assistance to Firefighters Grant Routing form_.pdf FEMAGO -FY25 AFG_Submitted_.pdf Report compiled on: January 6, 2025 16 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: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 17579 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: FEMA Assistance to Firefighters Grant 2025 Jamie Grabinski Fire Jamie Grabinski Fire personnel 97.044 2025 547,354.55 No 10.00%010-3120-422- $ 54,735.45 Yes Yes The purpose of the Assistance to Firefighters grant is to enhance the safety of firefighters and therefore the public with respect to fire and fire-related hazards. The program provides direct financial assistance to fire departments for training and equipment. The scope of our project and grant request is to outfit the twelve (12) new SAFER firefighters that we will be onboarding soon and also equip a Quick Response Vehicle with the necessary medical equipment. The programmatic and financial grant reporting will be completed via FEMAgo.gov portal. If awarded an AF grant, there will be an onboarding process. n/a n/a n/a n/a n/a 01/14/2025 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 18580 System for Award Management (SAM.gov) profile Please identify your organization to be associated with this application. All organization information in this section will come from the System for Award Management (SAM) profile for that organization. CITY OF BOZEMAN Information current from SAM.gov as of:11/04/2024 UEI-EFT:EEAPKALAEM35 DUNS (includes DUNS+4):083705293 Employer Identification Number (EIN):816001238 Organization legal name:CITY OF BOZEMAN Organization (doing business as) name: Mailing address:121 N ROUSE AVE BOZEMAN, MT 59715-3740 Physical address:121 N ROUSE AVE BOZEMAN, MT 59715-3740 Is your organization delinquent on any federal debt?N SAM.gov registration status:Active as of 10/14/2024 We have reviewed our bank account information on our SAM.gov profile to ensure it is up to date Applicant information Please provide the following additional information about the applicant. Applicant name Bozeman Fire Department Main address of location impacted by this grant Main address 1 300 East Oak Street Main address 2 121 N. Rouse Ave. City Bozeman State/territory MT Zip code 59715 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#1/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 19556 Zip extension 1230 In what county/parish is your organization physically located? If you have more than one station, in what county/parish is your main station located? Gallatin County, MT Applicant characteristics The Assistance to Firefighters Grants Program's objective is to provide funding directly to fire departments and nonaffiliated EMS organizations or a State Fire Training Academy for the purpose of protecting the health and safety of the public and first responder personnel against fire and fire-related hazards. Please review the Notice of Funding Opportunity Announcement (NOFO) for information on available program areas and for more information on the evaluation process and conditions of award. Please provide the following additional information about the applicant. Applicant type:Fire Department/Fire District Is this grant application a regional request? A regional request provides a direct regional and/or local benefit beyond your organization. You may apply for a regional request on behalf of your organization and any number of other participating eligible organizations within your region. No What kind of organization do you represent?All Paid/Career How many active firefighters does your department have who perform firefighting duties? 45 How many of your active firefighters are trained to the level of Firefighter I or equivalent? 45 How many of your active firefighters are trained to the level of Firefighter II or equivalent? 45 Are you requesting training funds in this application to bring 100% of your firefighters into compliance with NFPA 1001? No Which of the following standards does your organization meet regarding physicals? If physicals are not required then do not select any option. (optional) Meets NFPA or 1582 standard Meets NTSB or DOT standard Meets State/Local standard 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#2/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 20557 How many members in your department are trained to the level of EMR or EMT, Advanced EMT or Paramedic? 45 Does your department have a Community Paramedic program? No How many stations are operated by your department?3 Does your organization protect critical infrastructure of the state? Yes Please describe the critical infrastructure protected below. In our First Due Response area, we provide protection to many critical infrastructures. For example, in Bozeman School District 7, there are 13 public K-12 schools plus 3 private K-12 schools that are dispersed over a five-mile radius. In addition to our K-12 schools, we provide fire protection and EMS response to Montana State University and Gallatin College which collectively have an enrollment of approximately 17,000 students annually. Located on the Montana State University campus is the Brick Breeden Fieldhouse and the Bobcat Stadium which are two venues that host sporting events, concerts, large scale trainings, political events, and other public gatherings. The Bozeman Fire Department (BFD) also provides protection to two large healthcare facilities -Bozeman Health and Billings Clinic plus smaller health facilities such as Community Health Partners which is a federally qualified health center. The Bozeman Fire Department also protects the Regional Water/Wastewater Treatment plants, which interfaces with the Custer Gallatin National Forest, for the City of Bozeman. And in terms of chemical and manufacturing facilities, BFD provides protection for Exxon and Phillips 66 bulk storage and distribution facility. These facilities are within a couple of miles of BFD’s fire station 1, but there are two major transportation facilities located between BFD and facilities. These two major transportation facilities include Interstate 90 and several at grade Burlington Northern Railroad crossings. BFD also provides fire and EMS response to both transportation facilities. BFD participates in mutual aid assistance with other career departments as well as volunteer departments. This mutual aid agreement also 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#3/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 21558 includes wildland response in addition to the critical infrastructure listed here. Finally, according to the Census Bureau’s Population Estimates program, the City of Bozeman’s population increased from 2010 to 2020 by 69% (U.S. Census Bureau QuickFacts: Bozeman city, Montana). One of the largest industries in the City for major critical infrastructure is the construction industry. There is much new construction for BFD to protect. Do you currently report to the National Fire Incident Reporting System (NFIRS)? You will be required to report to NFIRS for the entire period of the grant. Yes Please enter your FDIN/FDID.06001 Do you offer live fire training?Yes What is the total number of live fire training exercises conducted per year on average? 4 Operating budget What is your organizations operating budget (e.g., personnel, maintenance of apparatus, equipment, facilities, utility costs, purchasing expendable items, etc.) dedicated to expenditures for day-to-day activities for the current (at time of application) fiscal year, as well as the previous two fiscal years? Current fiscal year:2025 What percentage of the declared operating budget is dedicated to personnel costs (salary, benefits, 88 Fiscal Year Operating budget 2025 $9,016,600.00 2024 $8,110,800.00 2023 $6,964,407.00 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#4/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 22559 overtime costs, etc.)? Does your department have any rainy day reserves, emergency funds, or capital outlay? Yes What is the total amount currently set aside?0.00 Describe the planned purpose of this fund.BFD has a capital equipment fund which is supported by a dedicated property tax levy. The purpose of this capital fund is to cover the cost of vehicle replacements, other apparatus, and large purchases such as radios, SCBAs, and PPE. With the cost overrun for Fire Station #2, inflation, and increased demand for services, this fund is in a deficit. In November 2024, the City levied for a new bond for recruitment and Fire Station #4. It was denied by voters and this fund is still in deficit. Describe your financial need and how consistent it is with the intent of the AFG Program. Include details The City of Bozeman Fire Department is a municipal fire department serving just over What percentage of the declared operating budget is derived from the following 2025 2024 2023 Taxes 90 100 100 Bond issues 0 0 0 EMS billing 0 0 0 Grants 9 0 0 Donations 0 0 0 Fund drives 0 0 0 Fee for service 1 0 0 Other 0 0 0 Totals 100 %100 %100 % 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#5/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 23560 describing your organization's financial distress such as summarizing budget constraints, unsuccessful attempts to secure other funding, and proving the financial distress is out of your control. twenty-one square miles with a permanent resident population of approximately 57,305 people. On average, the daily population increases by approximately 21,000 people coming into the city for work or personal business. The Fire Department’s operational budget is funded by the City General Fund primarily through local property taxes, state shared taxes, and service billing and grants for the fiscal year 2025 budget. There is no sales tax in the State of Montana. Typically for major capital improvement or operational budget constraints, the City relies on voter approval for a construction bond or mill levy. The Bozeman FD has experienced several budget constraints this year. Two challenges for Bozeman FD are recruitment and affordable housing. Most of the budget is spent on personnel and fringe benefits. Per the collective bargaining agreement for the current fiscal year, the fire department’s current base wage increased by 6.5%, the health insurance cost increased by 5.77%, and basic life insurance increased by 20%. The City of Bozeman FD has equitable salaries and benefits compared to peer communities, but the availability and cost of housing is significantly more challenging in Bozeman. Often housing expenses are more than the suggested 30% of income which makes recruitment difficult. Another financial setback that Bozeman and consequently the Fire Department experienced this year is diminished revenue from newly taxable property. Local governments are limited by MT State law to increasing property tax revenue by half the rate of inflation for the previous three years, plus new growth. Essentially this means that new growth in Bozeman is funding the maintenance of our current operations, over time resulting in a reduction in overall level of service. And due to the rapid growth in Bozeman, Gallatin County, and many cities in MT, the Montana Department of Revenue is struggling to keep up with adding new property onto tax rolls. Meaning newly taxable value is not being added to the Cities property tax revenue equation, resulting in lower overall revenues than we included in the 2025 Biennium budget. While cost of living, labor expenses and the demand for public safety services remain high, the ability to recoup property tax revenue 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#6/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 24561 was much less than expected. This budget shortfall has affected the Fire Department’s operational abilities. In addition to the tax revenue constraints, the capital project completed in September 2024 created a large deficit for the Fire Department. Located on Montana State University campus, Bozeman voters approved a $6.73 million general obligation bond in 2021 for the new fire station. Unfortunately, during that time, on the heels of Covid, the market was quite volatile for infrastructure projects, and it was over $14 million for the new fire station, which has strained the General Fund overall. Committed to public safety though, Bozeman approached voters again on the November 2024 ballot for a second general obligation bond to build a new fire station #4. Fire station #4 was estimated at $18 million dollars and planned to be strategically constructed on the West side of the City where much of the new growth is occurring. Also, it would have added 25 firefighters, staff positions, PPE and supplies. Unfortunately, the bond measure was not approved. The Bozeman FD received a SAFER grant in October 2024 which will help with staffing concerns. However, the overall financial challenge is increased demand for services, exponential residential and business growth in Gallatin County juxtaposed with resident tax fatigue, challenging housing prices, and steady inflation rates affecting the cost of living. Without AFG, the Bozeman FD will require additional discretionary General Fund dollars to purchase critical PPE and equipment, resulting in a need to freeze positions in the General Fund for Fire and other departments. In cases of demonstrated economic hardship, and upon the request of the grant applicant, the FEMA Administrator may grant an Economic Hardship Waiver. Is it your organization's intent to apply for an Economic Hardship Waiver? No Other funding sources This fiscal year, are you receiving Federal funding from any other grant program for the same purpose for which you are applying for this grant? No 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#7/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 25562 This fiscal year, are you receiving Federal funding from any other grant program regardless of purpose? Yes Please provide an explanation for other funding sources in the space provided below. We received a FEMA SAFER grant in October 2024. Applicant and community trends Please provide the following additional information about the applicant. How many vehicles does your organization have in each of the type or class of vehicle listed below? You must include vehicles that are leased or on long-term loan as well as any vehicles that have been ordered or otherwise currently under contract for purchase or lease by your organization but not yet in your possession. Injuries and fatalities 2023 2022 2021 What is the total number of fire-related civilian fatalities in your jurisdiction over the last three calendar years? 0 0 0 What is the total number of fire-related civilian injuries in your jurisdiction over the last three calendar years? 0 0 0 What is the total number of line of duty member fatalities in your jurisdiction over the last three calendar years? 0 0 0 What is the total number of line of duty member injuries in your jurisdiction over the last three calendar years? 9 15 10 What is the total number of members with self-inflicted fatalities over the last three years? 0 0 0 Seated riding positions The number of seated riding positions must be equal or greater than the total number of frontline and reserve apparatus. If there are zero frontline and zero reserve apparatus, the number of seated riding positions must be zero..  Type or class of vehicles Number of frontline apparatus Number of reserve apparatus Number of seated riding positions Engines or pumpers (pumping capacity of 750 gallons per minute (GPM) or greater and water capacity of 300 gallons or more): pumper, pumper/tanker, rescue/pumper, foam pumper, CAFS pumper, type I, type II engine urban interface. 2 2 16 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#8/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 26563 How many ALS Response vehicles are in your fleet?3 Is your department facing a new risk, expanding service to a new area, or experiencing an increased call volume? Yes Please explain how your department is facing a new risk, expanding service to a new area, or experiencing an increased call volume. The Bozeman Fire Department (BFD) has operated with three fire stations, housing a Battalion, two engines, and a truck since 2009. The City continues to experience significant population growth and development. In calendar year 2024, the City of Bozeman has annexed 165 acres with four more developments pending approval. With this annexation and additional developments, the service area has expanded to the west and southwest sides of the City increasing our response time. As part of the 2022- 2024 BFD Strategic Plan, the department is implementing a Quick Response Vehicle to meet operational needs of the increased response time. Type or class of vehicles Number of frontline apparatus Number of reserve apparatus Number of seated riding positions Ambulances for transport and/or emergency response.2 0 4 Tankers or tenders (water capacity of 1,000 gallons or more).0 0 0 Aerial apparatus: aerial ladder truck, telescoping, articulating, ladder towers, platform, tiller ladder truck, quint. 1 0 4 Brush/quick attack (pumping capacity of less than 750 GPM and water carrying capacity of at least 300 gallons): brush truck, patrol unit (pickup w/ skid unit), quick attack unit, mini-pumper, type III engine, type IV engine, type V engine, type VI engine, type VII engine. 2 0 6 Rescue vehicles: rescue squad, rescue (light, medium, heavy), technical rescue vehicle, hazardous materials unit. 1 0 4 Additional vehicles: EMS chase vehicle, air/light unit, rehab units, bomb unit, technical support (command, operational support/supply), hose tender, salvage truck, ARFF (aircraft rescue firefighting), command/mobile communications vehicle. 1 0 2 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#9/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 27564 Community description Please provide the following additional information about the community your organization serves. Type of jurisdiction served City What type of community does your organization serve? Suburban What is the square mileage of your first due response zone/jurisdiction served? 21 What percentage of your primary response area is protected by hydrants? 95 What percentage of your primary response area is for the following: Percentage (must sum to 100%) Agriculture, wildland, open space, or undeveloped properties 5 Commercial and industrial purposes 25 Residential purposes 70 Total 100 What is the permanent resident population of your first due response zone/jurisdiction served? 57305 Do you have a seasonal increase in population?Yes What is your seasonal increase in population (number of people)? 2000000 Please describe your organization and/or community that you serve. Geographically, Bozeman Fire Department is located in south central Montana, adjacent to the Missouri River Headwaters valley with mountains surrounding the area. The Bridger Mountain range is to the northeast, Hyalite Canyon to the South, and Gallatin Canyon to the Southwest, collectively all are in the Custer Gallatin National Forest. The Bozeman Fire Department is located along U.S. Interstate 90 which is heavily traveled daily. Lastly, this area of Gallatin County is home to the Yellowstone International Airport which is the busiest airport (bozemanairport.com) in the State bringing many travelers to the area. 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#10/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 28565 Bozeman is the fourth largest city in Montana and is the county seat for Gallatin County. Bozeman is a continuously growing community. In the 2023 census (Montana Cities by Population (2024)), Bozeman’s population was 57,305. Since 2020, Bozeman has experienced a four percent increase in population on average each year. During 2018- 2020, Bozeman was deemed the fastest growing micropolitan statistical area in the U.S. In addition to the permanent resident population, approximately 21,000 people commute into the City for work or personal business daily. Bozeman is also home to Montana State University which has an annual student population of approximately 17,000 students per year (Fall Headcount Enrollment History - University Data & Analytics | Montana State University). And finally, Bozeman is a recreation hub offering world class hunting, fishing, skiing, hiking, biking, camping and outdoor recreation, and the recreational opportunities bring many visitors to the City weekly. The Bozeman Fire Department, organized in 1884, currently has three stations. Fire Station #1 is located just northeast of the downtown city center; Fire Station #2 is located on Montana State University campus; and, Fire Station #3 is centrally located. The Department employs 45 line personnel that provide structural and wildland firefighting capabilities, EMS, hazardous materials response, technical rescue, unmanned aerial systems, public education, and fire prevention. The FD has 9 response apparatus. Within the City’s boundaries, Interstate 90 separates sections of the City to the north from the south. Also, U.S. Route 191 runs east to west through the center of Downtown Bozeman which many semi-trucks travel daily presenting unsafe situations near pedestrians. Within 15 miles of fire station #1, there is the Bridger Bowl Ski area which brings many visitors to the area, sometimes during hazardous weather conditions. And approximately nine miles away, there is the Bozeman Yellowstone International Airport where the fire department provides mutual aid to Central Valley Fire District. With the SAFER grant awarded in October 2024, the Bozeman Fire Department is on target to recruit twelve new line firefighters by March 2028. This addition will 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#11/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 29566 greatly help with the City’s largest challenge - growth. As the City continues to annex new area further west for extensive development and construction (https://www.foxbusiness.com/real- estate/bozeman-montana-home-booming-real- estate-market), the Department is challenged with increased service demands and increased response time. Call volume Summary 2023 2022 2021 Fire - NFIRS Series 100 69 89 103 Overpressure Rupture, Explosion, Overheat (No Fire) - NFIRS Series 200 6 6 3 Rescue & Emergency Medical Service Incident - NFIRS Series 300 2283 2714 2716 Hazardous Condition (No Fire) - NFIRS Series 400 361 272 213 Service Call - NFIRS Series 500 331 282 311 Good Intent Call - NFIRS Series 600 554 621 452 False Alarm & Falls Call - NFIRS Series 700 577 670 541 Severe Weather & Natural Disaster - NFIRS Series 800 0 7 1 Special Incident Type - NFIRS Series 900 8 7 7 Total 4189 4668 4347 Fire How many responses per year per category?2023 2022 2021 "Structure Fire" (Of the NFIRS Series 100 calls, NFIRS Codes 111-120)35 50 58 "Vehicle Fire" (Of the NFIRS Series 100 calls, NFIRS Codes 130-138)10 11 8 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#12/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 30567 How many responses per year per category?2023 2022 2021 "Vegetation Fire" (Of the NFIRS Series 100 calls, NFIRS Codes 140-143)7 13 18 Total 52 74 84 Total acreage per year 2023 2022 2021 Total acreage of all vegetation fires 2 2 3 Rescue and emergency medical service incidents How many responses per year per category?2023 2022 2021 "Motor Vehicle Accidents" (Of the NFIRS Series 300 calls, NFIRS Codes 322- 324) 307 334 411 "Extrications from Vehicles" (Of the NFIRS Series 300 calls, NFIRS Code 352) 2 9 6 "Rescues" (Of the NFIRS Series 300 calls, NFIRS Code 300, 351, 353-381)28 21 18 EMS-BLS Response Calls 0 0 0 EMS-ALS Response Calls 1939 2350 2281 EMS-BLS Scheduled Transports 0 0 0 EMS-ALS Scheduled Transports 0 0 0 Community Paramedic Response Calls 0 0 0 Total 2276 2714 2716 Mutual and automatic aid How many responses per year per category?2023 2022 2021 Amount of times the organization received Mutual Aid 0 0 0 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#13/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 31568 How many responses per year per category?2023 2022 2021 Amount of times the organization received Automatic Aid 5 8 5 Amount of times the organization provided Mutual Aid 0 0 0 Amount of times the organization provided Automatic Aid 12 17 24 Of the Mutual and Automatic Aid responses, amount that were structure fires 17 39 51 Total 34 64 80 Grant request details Are you requesting a Micro Grant? A Micro Grant is limited to $75,000 in federal resources. No Grand total: $602,090.00 Program area: Operations and safety Activity: Personal Protective Equipment (PPE)$215,440.00 Activity: Equipment $386,650.00   Grant request summary The table below summarizes the number of items and total cost within each activity you have requested funding for. This table will update as you change the items within your grant request details. Grant request summary 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#14/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 32569 Is your proposed project limited to one or more of the following activities : Planning and development of policies or processes. Management, administrative, or personnel actions. Classroom-based training. Acquisition of mobile and portable equipment (not involving installation) on or in a building. Yes  Activity Number of items Total cost Personal Protective Equipment (PPE) 12 $215,440.00 Equipment 10 $386,650.00 Total 22 $602,090.00 Budget summary Budget summary Object class categories Total Personnel $0.00 Fringe benefits $0.00 Travel $0.00 Equipment $471,000.00 Supplies $131,090.00 Contractual $0.00 Construction $0.00 Other $0.00 Total direct charges $602,090.00 Indirect charges $0.00 TOTAL $602,090.00 Non-federal resources Applicant $54,735.45 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#15/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 33570 Object class categories Total State $0.00 Other sources $0.00 Remarks Total Federal and Non-federal resources Federal resources $547,354.55 Non-federal resources $54,735.45 TOTAL $602,090.00 Program income $0.00 Contact information Did any individual or organization assist with the development, preparation, or review of the application to include drafting or writing the narrative and budget, whether that person, entity, or agent is compensated or not and whether the assistance took place prior to submitting the application? Yes Application participants Please add all individuals or organizations who assisted with the application. Include all individuals or organizations who assisted with the development, preparation, or review of the application to include drafting or writing the narrative and budget, whether that person, entity, or agent is compensated or not and whether the assistance took place prior to submitting the application or not. Jamie Grabinski jgrabinski@bozeman.ne Primary phone 4065822364 Work Mailing address 121 N. Rouse Ave. Bozeman MT 59715 1230 Fax 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#16/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 34571 Secondary point of contact Please provide a secondary point of contact for this grant. The Authorized Organization Representative (AOR) who submits the application will be identified as the primary point of contact for the grant. Please provide one secondary point of contact for this grant below. The secondary contact can be members of the fire department or organizations applying for the grant that will see the grant through completion, are familiar with the grant application, and have the authority to make decisions on and to act upon this grant application. The secondary point of contact can also be an individual who assisted with the development, preparation, or review of the application. MR Steven Thime Training Officer sthime@bozeman.net Primary phone 4065822354 Work Additional phones 4065703920 Mobile Fax Assurance and certifications SF-424B: Assurances - Non-Construction Programs OMB Number: 4040-0007 Expiration Date: 02/28/2025 Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal OMB number: 4040-0007, Expiration date: 02/28/2025 View burden statement 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#17/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 35572 gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a- 7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#18/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 36573 amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. Certifications regarding lobbying OMB Number: 4040-0013 Expiration Date: 02/28/2025 Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#19/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 37574 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SF-LLL: Disclosure of Lobbying Activities OMB Number: 4040-0013 Expiration Date: 02/28/2025 Complete only if the applicant is required to do so by 44 C.F.R. part 18. Generally disclosure is required when applying for a grant of more than $100,000 and if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Further, the recipient shall file a disclosure form at the end of each calendar quarter in which there occurs any event described in 44 C.F.R. § 18.110(c) that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the applicant. The applicant is not currently required to submit the SF-LLL. 1. Type of federal action:grant 2. Status of federal action:bid/offer/application 3. Report type:initial filing 4. Name and address of reporting entity:Prime OMB number: 4040-0013, Expiration date: 02/28/2025 View burden statement 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#20/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 38575 Name City of Bozeman Fire Department Street 1 300 East Oak Street Street 2 121 N. Rouse Ave. City Bozeman State MT Zip 59715 Zip Ext 1230 Congressional district, if known:MT-01 6. Federal department/agency:Homeland Secuirty 7. Federal program name/description:Assistance to Firefighters Grant Program CFDA number, if applicable:97.044 8. Federal action number, if known: 9. Award amount, if known:$0.00 10a. Name and address of lobbying registrant: Prefix First name n/a Middle name Last name n/a Suffix Street 1 n/a Street 2 City n/a State MT Zip 59715 Zip Ext 10b. Individual performing services: (including address if different from No. 10a) Prefix First name n/a Middle name 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#21/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 39576 Last name n/a Suffix Street 1 Street 2 City State Zip Zip Ext 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Notice of funding opportunity I certify that the applicant organization has consulted the appropriate Notice of Funding Opportunity and that all requested activities are programmatically allowable, technically feasible, and can be completed within the award's Period of Performance (POP). Accuracy of application I certify that I represent the organization applying for this grant and have reviewed and confirmed the accuracy of all application information submitted. Regardless of intent, the submission of information that is false or misleading may result in actions by FEMA that include, but are not limited to: the submitted application not being considered for award, enforcement actions taken against an existing award pending investigation or review, or referral to the DHS Office of Inspector General. Authorized Organizational Representative for the grant By signing this application, I certify that I understand that inputting my password below signifies that I am the identified Authorized Organization Representative for this grant. Further, I understand that this electronic signature shall bind the organization as if the application were physically signed and filed. Authorization to submit application on behalf of applicant organization 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#22/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 40577 By signing this application, I certify that I am either an employee or official of the applicant organization and am authorized to submit this application on behalf of my organization; or, if I am not an employee or official of the applicant organization, I certify that the applicant organization is aware I am submitting this application on its behalf, that I have written authorization from the applicant organization to submit this application on their behalf, and that I have provided contact information for an employee or official of the applicant organization in addition to my contact information. 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#23/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 41578 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Grants Coordinator Alex Nordquest, Forestry Division Manager SUBJECT:Authorize the City Manager to Approve the Application Submission to MT Department of Natural Resources (DNRC) for Branch Out Bozeman: Volunteer Planting Sites and Voucher Program -Round Two. MEETING DATE:January 28, 2025 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to Approve the Application Submission to MT Department of Natural Resources (DNRC) for Branch Out Bozeman: Volunteer Planting Sites and Voucher Program -Round Two. STRATEGIC PLAN:6.6 Habitat: Work with partner organizations to identify at-risk, environmentally sensitive parcels contribute to water quality, wildlife corridors, and wildlife habitat. BACKGROUND:The City of Bozeman is eligible to apply to the MT Department of Natural Resources Inflation Reduction Act grant program. The City of Bozeman's strategic plan objective 6.6 Habitat to work with partner organizations to identify at-risk, environmentally sensitive parcels contribute to water quality, wildlife corridors, and wildlife habitat aligns well with the goals of this federal funding opportunity. Through the Branch Out Bozeman program, the Forestry Division will partner with the Gallatin Watershed Council and private landowners via vouchers to plant more trees, contribute to the urban forest, and reduce the urban heat island effect. This opportunity requests a second round of funding for the voucher program that is underway. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:Contact Kaitlin and Jamie prior to finalizing any agenda items related to grants. Attachments: Complete_with_Docusign_FY25_DNRC_IRA_Grant_a.pdf Report compiled on: January 6, 2025 42 43 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: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 44546 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: MT DNRC Urban & Community Forestry Inflation Reduction Act Grant Alex Nordquest Parks & Rec (Forestry Div) Alex Nordquest/Jamie Grabinski Alex Nordquest 10.727 FY2025 $20,000 No 0.00%112-7710-454-20-99 Yes No Available through the MT Department of Natural Resources, Urban and Community Forestry, this grant application request is for a second round of funding to purchase trees and offer a voucher program for our community engagement inititative, Branch Out Bozeman. The vouchers will reimburse tree planting on eligible private property. Eligible uses of funds include the purchase of trees and vouchers. Grant reporting and requests for reimbursement is completed via an online portal Submittable. n/a n/a n/a n/a n/a 1/14/2025 Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 45547 Montana DNRC Grants Powered by Submittable Title City of Bozeman Forestry Division by Alex Nordquest in Forestry - UCF IRA FY25 anordquest@bozeman.net 01/02/2025 id. 49223484 Original Submission 01/02/2025 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? No 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. Jamie Grabinski 2.5. Secondary Contact Phone +14065822364 2.6. Secondary Contact Email jgrabinski@BOZEMAN.NET 3. Project Elements 3.1. Project Name Branch Out Bozeman: Volunteer Planting Sites and Voucher Program - Round Two Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 46548 3.2. Project Location Throughout City of Bozeman CEJST and EJ Map Layers 3.3. Map of Project Location IRA_Round_Two_Bozeman_Tree_Planting_within_Disadvantaged_Map.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 3.5.1. Foresters Name Elias Davis 4. Project Description 4.1. Project Description - Provide 2-3 pargraphs that summarize your project. The City of Bozeman's Forestry Division received funding in the initial IRA grant program to support tree planting projects. This effort is ongoing and focuses on both volunteer planting sites and a voucher to discount planting on private property. Planting more trees and educating the community are major goals of our partnership with local nonprofit Gallatin Watershed Council, which we're calling Branch Out Bozeman: Urban Forest Network. We're seeking additional grant funding to strengthen this program. A second round of planting and vouchers would allow us to reach more residents in disadvantaged areas. We've identified several public parks & boulevards for planting projects, and more residents could take advantage of the voucher system to assist with the cost of planting trees on their own property. 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? We'd record any tree planting within city parks and boulevards on our inventory system. We maintain an active record of over 27,000 trees, noting new planting, various types of pruning, and 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_20241223.xlsx 5.2. Do you have an urban forest management plan? Yes Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 47549 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 species diversity. 5.2.2. Upload your Urban Forest Management Plan. Bozeman_Urban_Forestry_Management_Plan.pdf 5.2.3. Is the project located in a Tree City USA community? 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 volunteer planting is a chance to engage our community. We use the opportunity to explain key benefits provided by new trees - shade for playgrounds, grass, and buildings; biodiversity for a resilient landscape, improved stormwater and erosion effects, and beautification. The voucher program includes educational materials explaining the benefits of trees. Particular focus is given to planting orientation - 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. All efforts through Branch Out Bozeman are focused on 3 main environmental goals: improving water quality, addressing tree equity, and reducing the urban heat island effect. This project will target areas where new trees will maximize their impacts for climate change concerns. Volunteer planting sites will be selected based on these criteria and the voucher program will focus on residents living in areas most vulnerable to climate change. Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 48550 6.1.3. Explain how the project expands opportunities, resources and access for underserved and at- risk populations and communities. The 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. 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've 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. Further grant funding would allow us to continue volunteer efforts and our new voucher program. 6.1.6. Explain how the project develops and encourages the profession of urban forestry through technology transfer, education and training. 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 the benefits of trees. Continuing the voucher program would increase our impact on the private landscape and ensure that participating vendors are sharing our messaging. 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 tree planting is always focused on increasing species diversity, but it's also a chance to emphasize other details for tree health. The importance of watering, mulch, trunk guards, and staking are all included in discussion & materials. Both of these programs allow us to explain our current overreliance on Ash and Maples and the importance of alternative species for our urban environment. An important aspect to educate the public on is the necessity of introduced, non-native species that are perfectly suitable for the Bozeman area. 7. Project Personnel 7.1. List the Project Personnel I would like to use the provided table for my project personnel information. Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 49551 7.1.1. Provided Project Personnel Table Project Personnell List.xlsx 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 disadvantaged map. This would include both park spaces and street boulevards lacking tree canopy. He would also contribute to any revisions of the previous grants' voucher design & implementation. Forestry Staff - Wynn, Amy, Jesse, and Luke would contribute when it's time to purchase/deliver trees on volunteer days. They've also provided valuable input on potential sites within the disadvantaged map layers. Staff involvement with planting events would be minimized to simply dropping off trees and supplies, as most volunteer events with be led by GWC 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 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 lists includes several potential partners. Our planting sites aren't finalized for this project yet, but all partners listed have participated in previous events with either time or donations. Further local support could expand with increased awareness and outreach. 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 Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 50552 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 2025, with the process repeated for 2026 and possibly 2027 (May-June) if needed. Gallatin Watershed Council staff will provide outreach and advertising to announce events and conduct volunteer signups and waivers. Once vouchers are distributed (likely summer of 2026 for this grant), 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 benefits 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 and reflected on map layers for the Branch Out Bozeman website. Annual maintenance and tree inspections would be conducted by Forestry staff. We'd also track all redeemed vouchers and display metrics on those plantings (distribution, species, etc.). These map layers would be open to the public on the Branch Out Bozeman website, developing into year-over-year measurements 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 & methods of the effort would be recorded by both parties to ensure continuity. 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 don't know how much demand to expect. Another round of 50 vouchers through this grant may not be enough to satisfy interest. 11. Budget Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 51553 Check "More Information" to learn about direct and indirect costs. More Information 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 Direct costs. 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 15%. You can request less than 15% but unless you have a NICRA, you cannot request more than 15%. 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 City_of_Bozeman_-_UCF_IRA_FY25_-_Budget_Table.xlsx 11.3. Total Funds Requested. 20000 12. Supporting Documentation 12.1. Supplemental Information - Upload any supporting documentation you would like included in the application. Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 52554 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 Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 53555 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Grants Coordinator Alex Nordquest, Forestry Division Manager SUBJECT:Authorize the City Manager to Approve the Submission of a Grant Application to MT Department of Natural Resources for an Urban and Community Forestry Grant for the City of Bozeman's Urban Forest Management Plan MEETING DATE:January 28, 2025 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to Approve the Submission of a Grant Application to MT Department of Natural Resources for an Urban and Community Forestry Grant for the City of Bozeman's Urban Forest Management Plan. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:The City of Bozeman is eligible to apply to the MT Department of Natural Resources Urban and Community Forestry Program Development grant program. The City of Bozeman's strategic plan objective 6.5 to support the maintenance and expansion of an interconnected system of parks, trails, and open spaces aligns well with the goals of this state funding opportunity. In 2016, the City of Bozeman Parks and Recreation Department completed its first ever Urban Forest Management Plan (UFMP). This comprehensive planning document was the first concerted effort for Bozeman's urban forest long-term planning which included creating and hiring a city forester, completing a City-wide tree inventory, and preparing for the Emerald Ash Borer. Now nearly ten years later and having accomplished many of the goals of the first plan, this funding opportunity will supplement the Forestry Division's 2026-2029 capital improvement plan item to update Urban Forest Management Plan. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:Contact Kaitlin and Jamie prior to finalizing any agenda items related to grants. 54 Attachments: Complete_with_Docusign_FY2025_DNRC_PD_Grant_.pdf Report compiled on: January 6, 2025 55 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: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 56535 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: MT Department of Natural Resources Urban & Community Forestry Program Development Grant application Alex Nordquest Parks and Rec (forestry division) Alex Nordquest/Jamie Grabinski Alex Nordquest 10.664 FY2025 20,000 No 33.33%112-7710-454-20-99 $ 6,667.00 Yes No Available through the MT Department of Natural Resources, this grant opportunity provides funding for program development. Forestry is applying for funding to update the Urban Forest Master plan identified in the 2026-2030 capital improvement plan. Grant reporting and reimbursements are completed via the online portal Submittable. n/a n/a n/a n/a n/a 1/14/2025 Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 57536 Montana DNRC Grants Powered by Submittable Title City Of Bozeman Forestry Division by Alex Nordquest in Forestry - UCF Program Development (PD) FY25 anordquest@bozeman.net 01/03/2025 id. 49231929 Original Submission 01/03/2025 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 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 all final submissions. 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. Jamie Grabinski 2.5. Secondary Contact Phone +14065822364 2.6. Secondary Contact Email jgrabinski@BOZEMAN.NET 3. Project Elements 3.1. Project Name 2026: Bozeman's 2nd Urban Forest Management Plan Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 58537 3.2. Project Location City of Bozeman, City-wide 3.3. Have you contacted your DNRC Service Forester? Yes 3.3.1. Foresters Name Elias Davis 4. Project Description 4.1. Project Description - Provide 2-3 pargraphs that summarize your project. In 2016, Bozeman completed its first ever Urban Forest Management Plan (UFMP). This comprehensive document marked our first concerted effort towards long-term planning for Bozeman's urban forest; key recommendations included creating & hiring a city forester position, completing a city-wide tree inventory, and preparing for the Emerald Ash Borer. Now nearly 10 years later, we've accomplished many of the plan's goals and it's time for an update. There are various metrics and performance measures to modernize, we've developed a nonprofit partnership for community engagement, and we're seeking ways to address a growing public concern over urban trees as Bozeman continues to develop rapidly. A new UFMP would build off the momentum of the 2016 version and provide fresh perspective. We're seeking grant funds to cover a portion of the cost for contracted services to develop the UFMP. The ideal candidate would have experience developing UFMP's across the country, with a keen focus on fast-growing urban areas and strategies to minimize tree loss and wildlife impacts. A major outcome of the project would be to offer recommendations on diversifying our community outreach and public engagement. This project is a critical part of our Department's goals, City Commission priorities, and Budget Planning. 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 tree inventory system is a powerful tool for our entire operation, and our proudest accomplishment from the 2016 UFMP. In 2017, I was hired as Bozeman's first City Forester and inherited an incomplete tree inventory. We spent 2018 hiring contractors to record trees in the remaining street boulevards and city parks to achieve 100% completion. We also adopted new software from our GIS Division which allowed us to update trees live as we complete work. All planting, pruning, and removals are now recorded live to keep the system accurate and constantly updated. 5.1.2. Upload your Tree Inventory BozemanTreeInventory_20241223.xlsx 5.2. Do you have an urban forest management plan? Yes Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 59538 5.2.1. How does your urban forest management plan tie into the project? Our main objective is to update the current UFMP. It'll be ten years old in 2026, so funding development in 2025 would be ideal timing to present a finished product to City Commission and the general public. Undertaking this effort without grant funding would place significant strain on the Forestry Division's budget. 5.2.2. Upload your Urban Forest Management Plan. Bozeman_Urban_Forestry_Management_Plan.pdf 5.3. Is the project located in a Tree City USA community? 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. A new UFMP would build upon the current version, which provides a variety of educational talking points and visuals for the public. The current version explains our over-reliance on Green Ash and the concerns of monocultures, provides graphs for age & species diversity, and describes the variety of environmental & health benefits urban trees provide. The 2026 UFMP would need to provide updated figures for all of these items, as we've made steady progress reducing our Ash population and trialing new species to increase our tree diversity. 6.1.2. Explain how the project advances climate change mitigation and adaptation. We know from our current UFMP and tree inventory data that Ash and Maple make up almost half of our urban forest - we are extremely vulnerable to losing these trees to pest, disease, or weather issues. A new UFMP will analyze the progress we've made reducing our Ash population and replanting with diversity; and offer new strategies to further bolster our urban forest to a changing climate. Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 60539 6.1.3. Explain how the project expands opportunities, resources and access for underserved and at- risk populations and communities. We have steadily increased our community engagement over the years through social media, volunteer opportunities, and printed media. But there is still much room for improvement across the city. Many residents are still unaware of our services and the shared maintenance responsibilities between property owners and the Forestry Division; Rental properties have mostly empty boulevards due to a lack of communication among tenants, landlords, and the city; School properties lack boulevard trees due to overzealous safety concerns. A new UFMP will offer innovative strategies to address these problem areas. 6.1.4. Explain how the project advances tree inventory and assessment information. In 2018 we overhauled our tree inventory system. We mapped all remaining areas of town and each Forestry staff member received an iPhone for live editing of tree data - we now track all of our work accurately. This effort drastically improved the quality of our inventory system and constantly guides our workflow. The system is not perfect, however, and we'd greatly benefit from the outside perspective of a consultant to squeeze every possible insight from this data. Year-over-year trends, for example, are not automated from our data system and have to be done manually. 6.1.5. Explain how the project promotes urban forestry planning and tree management plans, including broadening community engagement. Community engagement is one aspect of our 2016 UFMP that has room for improvement. We have minimal involvement with our K-12 School system and only a few projects with the local university. We do have a partnership with a local nonprofit for volunteer planting efforts, but resources are limited for both parties. As our main planning and management tool, a modern UFMP will help address community engagement by referencing successful programs across the country and offering solutions catered to Bozeman's unique challenges. 6.1.6. Explain how the project develops and encourages the profession of urban forestry through technology transfer, education and training. I'm proud to say that our Forestry Division operates with a high degree of excellence. Our staff members are motivated, professional, and knowledgeable; they value their work and are proud to represent Bozeman. This is largely due to our inventory system, which provides visual progress of their work and involves everyone in the management process. Innovative approaches like this are the result of achieving goals within a well-planned Urban Forest Management Plan, which can be shared with other communities as a publicly available resource. 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 2016 UFMP has outdated metrics on the profile of our urban forest. For example, estimates of the overall park & boulevard population were 21,000 - we currently have 27,000. A pie chart showed Ash trees at 47% of the population - it's currently 24%. Several paragraphs describing ecosystem benefits are again estimates, and would benefit from accurate data reflecting Bozeman's urban forest today. Keeping these metrics current provides us with better performance measures and goals as an operation. 7. Project Personnel 7.1. List the Project Personnel I would like to use the provided table for my project personnel information. Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 61540 7.1.1. Provided Project Personnel Table Project Personnell List.xlsx 7.2. Supplemental Information - Project Personnel Narrative. If desired, use this space to explain or expand on the Personnel information. Community input would be a major component in creating a new management plan. This would be a key deliverable of the consultant: to host in-person and/or virtual sessions to gather public input. In addition to relevant staff members, The Mayor and a City Commission liaison would be attending each public session. The Bozeman City Commission greatly values this process, as public concern over trees lost to development has been a consistent theme over the last few years. Alex Nordquest - Alex would be heavily involved with this project, developing the RFQ language to select a contractor. He would also attend these public sessions and work directly with the consultant at all levels of the project. Mitch Overton - the Director of the Parks & Rec Department would attend public sessions and offer high-level expertise to guide the project in alignment with the City's overarching Strategic Plan. He would also be responsible for relaying communication between City Commission and the Mayor for participation in this process. Forestry Division staff - The Forestry team would provide occasional input based on their expertise as the field crews maintaining the urban forest. They do the work day in and day out and have the most interaction with the public, caring for trees in every neighborhood. This intimate connection to the urban forest means they'll offer valuable suggestions. Jamie Grabinski - The city's Grants Coordinator will assist with any technical aspects of fulfilling the grant. This includes initiating our internal routing forms for city management, assisting with reporting, and tracking expenses with our Finance Department. 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. Local support is not anticipated to produce the actual UFMP. Community involvement will be a major component of the plan, but not for the purposes of this grant application. Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 62541 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. Working on a new management plan is a major goal of the Forestry Division's work 2025-2026 work plan. A spring timeline to draft and publish a request for qualifications (RFQ) for potential contractors is ideal for starting this process. The ideal candidate would then be ready to work quickly, hosting community outreach sessions in the summer months to understand our community's concerns with the urban forest. Feedback from these sessions would then be compiled with any internal meetings, City Commission concerns, and discussion from our Urban Parks & Advisory Board. A final product would be developed from all these sources, as well as the contractor's expertise, in the final months of 2025. The Forestry Division would then present the finished document in early 2026 to City Commission, relevant city departments, and the general public. The final UFMP would be publicly available as a permanent fixture on the Forestry Division's website. If the chosen contractor is unable to complete the entire UFMP within the 12 month grant agreement, we would itemize the community outreach portion for grant funding. This is the most important aspect and easy to complete early on in the process. We anticipate total costs of the UFMP to exceed the grant amount requested and remaining costs are accounted for in the Forestry Division budget. 9.3. Does your project include tree planting? No 10. Project Monitoring and Effectiveness Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 63542 10.1. Describe how your project will meet the needs and benefit your community at large. Outline long-term results, outputs and deliverables. Urban trees are increasingly recognized around the globe for their benefits - the latest news, trends, and technology should be considered for addressing Bozeman's local concerns. A new management plan would integrate feedback from the public, city staff, and management to form a comprehensive set of tools & guidelines for the future of our urban forest. Bozeman has several current struggles with its urban forest. While we're reducing our Ash population, Green Ash still remains the predominant mature canopy species throughout our neighborhoods. Replanting with appropriate diversity is challenging with limited availability of desired varieties. Conserving water is a top priority in the community, but trees require water for establishment and healthy maintenance. Residents desire native trees, yet few are suitable for boulevard planting. Residents are also voicing concerns about trees lost to development to the City Commission. We need a new management plan to offer guidance on these issues to maintain the high standard of care & service that the Forestry Division is known for. 10.2. Describe any potential challenges that could impact the project. Timing is the main concern for this project. The writing of the RFQ would need to be complete in spring of 2025 and that's in the midst of several other seasonal priorities for the Forestry Division. If awarded grant funds, we'd need to coordinate quickly with the chosen contractor for development of the management plan. If the contractor isn't able to start the project in July, we may run into delays given the 12 month period for the grant award. However, those concerns would be mitigated by focusing solely on the community outreach sessions. The contractor should readily be able to schedule and conduct all these sessions within the 12 month period for the grant, and the city's Forestry Division will fund the remainder of the UFMP with its allocated budget. 11. Budget Check "More Information" to learn about direct and indirect costs. More Information Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 64543 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 Direct costs. 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 15%. You can request less than 15% but unless you have a NICRA, you cannot request more than 15%. 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 Bozeman_-_UCF_PD_FY25_-_Budget_Template_Match.xlsx 11.3. Total Funds Requested. 20000 11.4. Total Funds Pledged to Match. 74510 12. Supporting Documentation Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 65544 12.1. Supplemental Information - Upload any supporting documentation you would like included in the application. 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 Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 66545 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Grants Coordinator Dana McNeil, Police Captain SUBJECT:Authorize City Manager to Approve the Bureau of Justice Edward Byrne Memorial Justice Assistance Grant Award MEETING DATE:January 28, 2025 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize City Manager to Approve the Bureau of Justice Edward Byrne Memorial Justice Assistance Grant Award. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The City of Bozeman is eligible to receive a grant allocation from the Department of Justice Edward Byrne Memorial Justice Assistance Grant program for $20,617. This funding supports the City's strategic plan 3.1 objective to update Public Safety Technology Systems. With this funding, the Bozeman Police Department will continue to update and enhance the computer forensics lab. By investing in the lab, the City will bolster the effectiveness of criminal investigations. There is no project match required and all funds will be used for the direct benefit of Public Safety Technology enhancement. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:Total expenditures are expected to be $20,617. Expenditures will be made in the Police Department Fund and may require a future budget amendment. Attachments: Award_Package_FAW-186957.pdf FY25 BJA Grant Routing form_Signed_Updated.pdf Report compiled on: January 6, 2025 67 Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Name and Address of Recipient: CITY OF BOZEMAN 121 N ROUSE AVE City, State and Zip:BOZEMAN, MT 59715 Recipient UEI:EEAPKALAEM35 Project Title: Advancements in the 2025 Bozeman Police Department Computer Forensics Lab Award Number: 15PBJA-24-GG-04644-JAGX Solicitation Title: BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Federal Award Amount: $20,617.00 Federal Award Date: 12/5/24 Awarding Agency: Office of Justice Programs Bureau of Justice Assistance Funding Instrument Type:Grant Opportunity Category: O Assistance Listing: 16.738 - Edward Byrne Memorial Justice Assistance Grant Program Project Period Start Date: 10/1/23 Project Period End Date: 9/30/25 Budget Period Start Date: 10/1/23 Budget Period End Date: 9/30/25 Project Description: The City of Bozeman will use JAG funds to continue updating, enhancing, and then maintaining our Computer Forensics Lab. By investing in the Lab, the city aims to bolster the effectiveness of criminal investigations, elevate our service quality, and optimize overall workflow. Page: 1 of 22 68 Award Letter December 5, 2024 Dear Jamie Grabinski, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by CITY OF BOZEMAN for an award under the funding opportunity entitled 2024 BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is $20,617. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process. Congratulations, and we look forward to working with you. Brent J. Cohen Acting Assistant Attorney General Office for Civil Rights Notice for All Recipients The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) enforces federal civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW). Several civil rights laws, including Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance (recipients) to give assurances that they will comply with those laws. Taken together, these and other civil rights laws prohibit recipients from discriminating in the provision of services and employment because of race, color, national origin, religion, disability, and sex or from discriminating in the provision of services on the bases of age. Some recipients of DOJ financial assistance have additional obligations to comply with other applicable nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of religion in addition to race, color, national origin, and sex. Recipients may also have related requirements regarding the development and implementation of equal employment opportunity programs. Page: 2 of 22 69 OCR provides technical assistance, training, and other resources to help recipients comply with civil rights obligations. Further, OCR administratively enforces civil rights laws and nondiscrimination provisions by investigating DOJ recipients that are the subject of discrimination complaints. In addition, OCR conducts compliance reviews of DOJ recipients based on regulatory criteria. These investigations and compliance reviews permit OCR to evaluate whether DOJ recipients are providing services to the public and engaging in employment practices in a nondiscriminatory manner. For more information about OCR, your civil rights and nondiscrimination responsibilities, how to notify your employees or beneficiaries of their civil rights protections and responsibilities and how to file a complaint, as well as technical assistance, training, and other resources, please visit www.ojp.gov/program/civil-rights-office/outreach. If you would like OCR to assist you in fulfilling your civil rights or nondiscrimination responsibilities, please contact us at askOCR@o jp.usdoj.gov or www.ojp.gov/program/civil-rights-office/about#ocr-contacts. Memorandum Regarding NEPA NEPA Letter Type OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party.? Accordingly,?prior to obligating?funds for any of the specified activities, the grantee must first determine if any of the specified activities will be?funded by the grant. ? The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c.? A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d.? Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. NEPA Coordinator First Name Orbin Middle Name no value Last Name Terry Page: 3 of 22 70 Award Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Recipient Information Recipient Name CITY OF BOZEMAN UEI EEAPKALAEM35 Street 1 121 N ROUSE AVE Street 2 City BOZEMAN State/U.S. Territory Montana Zip/Postal Code 59715 Country United States County/Parish no value Province no value Award Details Federal Award Date 12/5/24 Award Type Initial Award Number 15PBJA-24-GG-04644-JAGX Supplement Number 00 Federal Award Amount $20,617.00 Funding Instrument Type Grant Assistance Listing Number Assistance Listings Program Title 16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority Pub. L. No. 90-351, Title I, Part E, subpart 1 (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a). [ ] I have read and understand the information presented in this section of the Federal Award Instrument. Project Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Page: 4 of 22 71 Information, Financial Information, and Award Conditions. Solicitation Title 2024 BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Application Number GRANT14265236 Awarding Agency OJP Program Office BJA Grant Manager Dara Schulman Phone Number 202-598-7427 E-mail Address Dara.Schulman@usdoj.gov Project Title Advancements in the 2025 Bozeman Police Department Computer Forensics Lab Performance Period Start Date 10/01/2023 Performance Period End Date 09/30/2025 Budget Period Start Date 10/01/2023 Budget Period End Date 09/30/2025 Project Description The City of Bozeman will use JAG funds to continue updating, enhancing, and then maintaining our Computer Forensics Lab. By investing in the Lab, the city aims to bolster the effectiveness of criminal investigations, elevate our service quality, and optimize overall workflow. [ ] I have read and understand the information presented in this section of the Federal Award Instrument. Financial Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. [ ] I have read and understand the information presented in this section of the Federal Award Instrument. Award Conditions This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Condition 1 Meaningful access requirement for individuals with limited English proficiency The recipient, and any subrecipient at any tier, must take reasonable steps to ensure that individuals with limited English proficiency (LEP) have meaningful access to their programs and activities to comply with Title VI of the Civil Rights Act of 1964 (Title VI), which prohibits discrimination on the basis of national origin, including discrimination against individuals with LEP. Such steps may require providing language assistance services, such as interpretation or translation services. The Department of Justice guidance on compliance with this requirement may be found at Page: 5 of 22 72 "Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons" (67 Fed. Reg. 41455-41472) (https:// www.federalregister.gov/d/02-15207) and is incorporated by reference here. Condition 2 Compliance with general appropriations-law restrictions on the use of federal funds (FY 2024) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY24AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Condition 3 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38. Among other things, 28 C.F.R. Part 38 states that recipients may not use direct Federal financial assistance from the Department to support or engage in any explicitly religious activities except when consistent with the Establishment Clause of the First Amendment and any other applicable requirements. An organization receiving Federal financial assistance also may not, in providing services funded by the Department of Justice, or in their outreach activities related to such services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. In addition, Part 38 states that a faith-based organization that participates a Department of Justice funded program retains its independence from the Government and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law. Recipients and subrecipients that provide social services under this award must give written notice to beneficiaries and prospective beneficiaries prior to the provision of services (if practicable) which shall include language substantially similar to the language in 28 CFR Part 38, Appendix C, sections (1) through (4). A sample written notice may be found at https://www.ojp.gov/program/civil-rights-office/partnerships-faith-based-and-other-neighborhood-organizations. In certain instances, a faith-based or religious organization may be able to take religion into account when making hiring decisions, provided it satisfies certain requirements. For more information, please see https://www.ojp.gov/ funding/explore/legaloverview2024/civilrightsrequirements. Condition 4 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all Page: 6 of 22 73 assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. Condition 5 Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. Condition 6 Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this award from OJP. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. Condition 7 Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the Page: 7 of 22 74 OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. Condition 8 Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. Condition 9 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). Condition 10 Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. Condition 11 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. Condition 12 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. Among other items, 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. § 42.505(f) contain notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements. Condition 13 Page: 8 of 22 75 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. Condition 14 Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. Condition 15 Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. Page: 9 of 22 76 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E- VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. Condition 16 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. Condition 17 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. Condition 18 Restrictions and certifications regarding non-disclosure agreements and related matters Page: 10 of 22 77 No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. Condition 19 OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees. Condition 20 Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider Page: 11 of 22 78 a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. Condition 21 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding. Condition 22 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2021, will satisfy this condition. In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2021, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. Condition 23 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. Condition 24 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) Page: 12 of 22 79 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. Condition 25 Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. Condition 26 Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. Condition 27 Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first- tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Condition 28 Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards Consistent with Executive Order 14074, “Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety,” OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient (“subgrantee”) at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the “controlled equipment” list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition: Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and Page: 13 of 22 80 are incorporated by reference here. Condition 29 Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Condition 30 All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/ funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. Condition 31 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Among other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements. Condition 32 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. Condition 33 Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient’s Entity Administrator must make changes to contact information through DIAMD. Page: 14 of 22 81 Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/ training-entity-management. Condition 34 FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Condition 35 Body-worn cameras, policies and procedures In accepting this award, the recipient agrees not to use award funds for purchases of body-worn cameras or related expenses for any agency unless that agency has policies and procedures in place that reinforce appropriate agency Use of Force policies and training and address technology usage, evidence acquisition, data storage and retention, as well as privacy issues, accountability and discipline. Condition 36 Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/ topics/equipment-and-technology/body-armor. In addition, if recipient uses funds under this award to purchase body armor, the recipient is strongly encouraged to have a "mandatory wear" policy in effect. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. Condition 37 The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). Condition 38 Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides Page: 15 of 22 82 guidance on allowable printing and publication activities. Condition 39 Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. Condition 40 Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. Condition 41 The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. Condition 42 Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. Condition 43 Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. Condition 44 The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS. Condition 45 Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. Condition 46 Page: 16 of 22 83 Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. Condition 47 Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. Condition 48 In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment’s protection against unreasonable searches and seizures and the First Amendment’s freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request. Condition 49 Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. Condition 50 Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). Condition 51 Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Page: 17 of 22 84 Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. Condition 52 Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. Condition 53 All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website: https:// bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage (https://bjapmt.ojp.gov/help/jagdocs.html). Failure to submit required JAG reports by Page: 18 of 22 85 established deadlines may result in the freezing of grant funds and future High Risk designation. Condition 54 Required data on law enforcement agency training Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. Condition 55 Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2022 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2022), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum- - (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at- risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. Condition 56 If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual). Condition 57 Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/1204386/ download), and must collect and report the metrics identified in Section IX of that document to BJA. Condition 58 Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records". Page: 19 of 22 86 In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. Condition 59 Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. Condition 60 Extreme risk protection programs funded by JAG must include, at a minimum: pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program. Condition 61 Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. Condition 62 Exceptions regarding Prohibited and Controlled Equipment under OJP awards Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding "Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards," the requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs” and the requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs” do not apply to this award. Condition 63 Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. Condition 64 Initial period of performance; requests for extension. The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial period of performance of the award is two years. The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total of two Page: 20 of 22 87 additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this award. Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJA. [ ] I have read and understand the information presented in this section of the Federal Award Instrument. Award Acceptance Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant. B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant. C. Accept this award on behalf of the applicant. D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise. Agency Approval Title of Approving Official Acting Assistant Attorney General Name of Approving Official Brent J. Cohen Signed Date And Time 12/1/24 4:57 PM Authorized Representative [ ] no value Entity Acceptance Title of Authorized Entity Official no value Signed Date And Time no value Page: 21 of 22 88 Page: 22 of 22 89 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: A85EDB63-ECB5-4B0B-BE91-D5E3EC2ECC78 90533 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: Edward Bryne Memorial Justice Assistance Grant (JAG) Program -Local Solicitation Jamie Grabinski Police Department Jamie Grabinski Dana McNeil 16.738 2025 20,617.00 No 0.00%010-3010-421 Yes No The Edward Bryne JAG program provides financial assistance to local jursidictions to purchase eligible supplies and small equipment for operations. The grant amounts are pre-determined by the grant agency based upon population. The City of BZN PD plans to use the funds to continue to update and enhance the computer forensics lab which will bolster the effectiveness of criminal investigations. The financial reporting for this grant is completed in JustGrants portal. The programmatic reporting is completed in the performance measurement platform. And, the payments are completed via ASAP drawdown system. n/a n/a n/a n/a - n/a n/a n/a n/a - 1/14/2025 Docusign Envelope ID: A85EDB63-ECB5-4B0B-BE91-D5E3EC2ECC78 91534 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Weston Solutions for Environmental Services on the 2025 Transportation Alternatives Bike/Ped Project and Pathway Preservation Project MEETING DATE:January 28, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve and Authorize the City Manager to Sign a Professional Services Agreement with Weston Solutions for Environmental Services on the 2025 Transportation Alternatives Bike/Ped Project and Pathway Preservation Project STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:In 2024 the City of Bozeman was awarded two Transportation Alternatives Grants. The first included shared use pathway preservation on sections of asphalt pathway on West Oak Street, North 19th Avenue, and Huffine Lane and the second included construction of new shared use pathways on sections of North 19th Avenue, Flanders Mill Road, and East Valley Center Road. The City's Engineering Department is performing a majority of the engineering design work internally; however, the grants require an extensive environmental engineering analysis which will be handled through a consultant. The City advertised a request for proposals for environmental engineering services beginning on September 28, 2024. Five proposals were received from qualified engineering firms and Weston Solutions was selected as the most qualified firm to perform the work. The City evaluated Weston's scope and fee proposal and found it to be commensurate with the work involved. The attached professional services agreement will allow the City to complete the environmental work necessary to complete these two important projects and improve the City's pedestrian and bicycle infrastructure. UNRESOLVED ISSUES:None ALTERNATIVES:As Suggested by the Commission 92 FISCAL EFFECTS:The total cost of the professional services is $49,391.89. Funding has been appropriated in the FY25 and FY26 Budget under project STR20, STR155, and A&C007 and paid for from a combination of funding from two Transportation Alternatives Grants (86.58%) and the remainder from the Street Maintenance Fund and Arterial and Collector Fund (13.42%). Attachments: Professional Services Agreement with Weston Solutions for Transportation Alternatives.pdf Weston Solutions Scope and Fee for Transportation Alternatives.pdf Report compiled on: January 3, 2025 93 1 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 Weston Solutions , (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: Environmental document preparation and wetland delineation to assist with the design of two transportation alternatives grant projects to install shared used pathways in the following locations: on the west side of Valley Center Road from Catron Street to the existing pathway connection approximately 200 linear feet south of Catamount Street, on the west side of North 19th Avenue from Rawhide Ridge to Baxter Lane, and on the east side of Flanders Mill Road from Durston Road to Auger Lane and to preserve existing pathways on Huffine Lane, Oak Street, and North 19th Avenue. 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. 94 1 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 Mindy McCarthy . 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 Mindy McCarthy . 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. 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 Kellen Gamradt. 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: 4.2 PRELIMINARY DESIGN PHASE After receipt of written authorization to proceed with the Preliminary Design Phase, ENGINEER shall: 4.2.1. In consultation with OWNER determine general scope, extent and character of the Project. 4.2.2. ENGINEER shall then prepare a Preliminary Design Report, preliminary plans and specifications and a written description for the Project. 4.2.3. Preliminary Design Report: Specific items to be addressed in the design report will include, but not be limited to: 4.2.3.1. Summary of construction requirements with appropriate drawings for each task included in the project. 4.2.3.2. Plans for providing water and sewer services for affected properties during construction. 95 2 4.2.3.3. Summary geotechnical report for specific tasks, if needed. 4.2.3.4. Special design considerations for Project tasks with conditions not covered in standard construction methods or specifications. 4.2.3.5. A traffic control plan for each project task, if necessary. 4.2.4. Design and Construction Survey: The ENGINEER shall conduct a design field survey of the project areas, as necessary, for locating existing utilities (such as gas, power, telephone, TV cables, water and sewer lines, irrigation facilities, fences, and approach driveways), existing right-of-way and easements, and making measured drawings of or investigating conditions of existing facilities. The ENGINEER shall provide suitable horizontal and vertical reference control points for the construction phase. 4.2.5. Permits and Rights-of-Way: The ENGINEER shall obtain approved permits, licenses, and/or easement agreements from private landowners and any other agencies or entities requiring similar approvals prior to bidding. These approvals will be coordinated with the OWNER and will be made on easement and permit documents approved by the OWNER. Information and easement descriptions provided in the Basic Engineering Services will be based on data available from design surveys and courthouse records. 4.2.6. Geotechnical Explorations and Analysis: The ENGINEER shall conduct such geotechnical explorations and analysis as necessary for project design and bidding. A geotechnical report will be prepared with recommendations relating to conditions pertinent to the design and construction of the Project. Subsurface information will be obtained by reviewing any existing geotechnical data available and using additional backhoe test pits and soil borings as necessary. The ENGINEER shall furnish copies of a geotechnical report as requested to OWNER for use by OWNER and Contractors, and review the results of the report with Contractors in a pre-bid meeting. The report is to be prepared for design purposes; ENGINEER will not be responsible if it is used by others for other purposes. 4.2.7. Preliminary Plans and Specifications. Prepare preliminary construction plans and specifications with information which addresses the special features of each project task. 4.2.8. Based on the information contained in the preliminary design documents, ENGINEER will submit a revised opinion of probable Total Project Costs to the OWNER. 4.2.9. ENGINEER shall prepare and furnish complete paper and electronic copies of preliminary bidding documents and design report as requested to OWNER and at the same time furnish copies as directed by OWNER to agencies and/or parties having regulatory responsibilities or direct financial participation in any part of the Project; provide any technical criteria, written descriptions and design data necessary for securing permits or approval from authorities having jurisdiction to review and approve the design, and assist owner in securing such approvals; and review documents in person with OWNER and review authorities, and, if necessary, conduct a plan-in-hand site review. All changes agreed to between ENGINEER and OWNER will be noted in a memorandum from the ENGINEER to the OWNER and incorporated into the final plans and specifications. 4.2.10. ENGINEER shall draft an environmental document (Act. 116) for submittal to the Montana Department of Transportation for each Transportation alternatives project. Each project shall include the following additional environmental activities:  Environmental Engineering Existing Conditions Report (Act. 111)  Cultural Resources Management Plan (Act. 177)  Request Environmental Information (Act. 178)  Haz Mat, Water Quality, and Initial Site Assessment (Act. 181)  Biological Resources Report and Preliminary Biological Assessment (Act. 182) 4.2.11. ENGINEER shall draft a wetlands determination document for the work locations on Catron Street and North 19th Avenue. 96 3 The Preliminary Design Phase will be completed and submitted within 60 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.3 FINAL DESIGN PHASE After written authorization to proceed with the 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, documents 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 constructionfor submittal to the Montana Department of Transportation. 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 two copies and an electronic copy of the environmental Contract Documents (including design drawings, specifications and contracts). The Final Phase will be complete and submitted within 60 calendar days following the start of the 2025 growing season. 4.3.5. ENGINEER shall respond to any review comments from the Montana Department of Transportation and the OWNER. ENGINEER is responsible for delivering an approved environmental document and wetland determination for each Transportation alternative project. 4.7. CONSTRUCTION TESTING The inspection services shall include material testing and verification of contract compliance with job site requirements, plans and specifications. The ENGINEER shall provide and maintain detailed documentation of the following material testing: 1) Concrete strength, air content and slump 2) Embankment, trench backfill, and gravel and pavement densities 3) Aggregate gradations 4) Plant mix strength, flow and asphalt content 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. 97 4 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. 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 $ 29,725.49 for the Bike/Ped Pathways portion of the services and a total lump sum in the amount of __$18,666.40 for the Pathway Preservation portion of the 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: $ 24,195.95 (50% of design fee) until the Preliminary Plans and Specifications have been submitted to the OWNER and review authorities. 98 5 $ 48,391.89 (100% 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. 6.1.5 Cost shall include: (1) Direct Costs. Direct Costs shall be in conformance with 48 CFR Part 31, and the AASHTO Uniform Audit & Accounting Guide, and may include the cost of Subconsultants. The Consultant certifies that any projected salary rate increases included in the Proposal are based reasonably on the Consultant’s usual and customary practices. Prior written approval of the OWNER is required for overtime compensation. (2) Indirect Costs, applicable to Consultant and Subconsultants. Generally, after the execution of this agreement, the OWNER will give Notice to the Consultant of the Indirect Cost (IDC) rates that will be applied to this Agreement. Such notice is incorporated herein by this reference. The IDC rate and supporting documentation must be calculated and submitted in accordance with 23 CFR § 172 using the cost principles of 48 CFR Part 31. The Consultant will establish the IDC rate based on the Consultant's Accounting Period. In no event will the IDC rate cause an increase or decrease in the Total Compensation. In no event will the IDC rate cause an increase or decrease in the Fixed Fee. The Consultant must keep on file with the OWNER an accepted Certification of Indirect Costs. For purposes of compensation, the rights and obligations of the Consultant set forth in this Section shall apply to the Subconsultant. Each Subconsultant shall submit to the irrevocable commitment option specified by the Consultant. (a) An Indirect Cost Rate is required, except when total compensation is less than or equal to Fifty Thousand Dollars ($50,000); and Consultant/Subconsultant does not have a current, OWNER-accepted indirect cost rate or cognizant audit; or Subconsultant is providing vendor-type services or contract labor and does not have a current, OWNER-accepted indirect cost rate or cognizant audit. (b) An unaudited indirect cost rate is acceptable when the Total Compensation is less than or equal to Two Hundred Fifty Thousand Dollars ($250,000); and a Risk Assessment determines an unaudited indirect cost rate is acceptable. (c) An audited indirect cost rate is required when The Total Compensation is more than Two Hundred Fifty Thousand Dollars ($250,000); or a Risk Assessment determines that an audited indirect cost rate is required. (d) In unique cases, Negotiated or Provisional Indirect Cost Rates may be used, as described in MDT’s Consultant Services Manual, if all parties agree. (e) Due date. (i) Due date (Audited). If an audited indirect cost rate is required, within thirty (30) days of the date of an independent auditor’s report setting the consultant’s audited overhead rate, the new bona fide audited IDC rate must be submitted to the OWNER as part of the Risk Assessment Package. (ii) Due date (Unaudited). If an unaudited indirect cost rate is required, within thirty (30) days of its calculation, a bona fide IDC rate must be submitted to the OWNER as part of the Risk Assessment Package. 99 6 (iii) At the OWNER’s sole discretion, the Consultant shall pay the OWNER liquidated damages at the rate of One Hundred Dollars ($100.00) per day for each day after the Due Date. (f) Effective date. (i) The IDC rate expires one (1) year after the end of the Accounting Period. (ii) Before the end of the Grace Period, defined as six (6) months following the expiration of the IDC rate, the Consultant shall submit a new IDC rate. (iii) An IDC rate submitted within the Grace Period is effective as of the first day of the month following the month of the OWNER’s letter of acceptance; except, an IDC rate not accepted by the OWNER by the end of the Grace Period is retroactive to the end of the Grace Period. (iv) A bona fide IDC rate received after the expiration of the Grace Period is retroactive to the date it is received by the OWNER. (v) In the event the OWNER, in its sole discretion, determines that the submitted IDC rate is not bona fide, the rate will be effective on the date accepted and will not be retroactive. (vi) Failure by the Consultant to provide an IDC rate, as required herein, may result in a One Hundred Percent (100%) forfeiture of the IDC rate portion for services rendered after the Grace Period. (g) The Consultant shall commit, irrevocably for the duration of this Agreement, to one of two options: (i) Consultant’s IDC rate will remain fixed through the term of this Agreement. In the event of any extension of the term of this Agreement, then the Consultant shall provide its new rate; or if a new rate is unavailable, then a new rate will be negotiated by the parties. (ii) Following the same procedure as for the original submission, the Consultant’s IDC rate will be submitted annually, within the Grace Period. (h) The Consultant may request exceptions to the requirements of this section on a case-by-case basis, and the OWNER will consider these exceptions. Any exceptions, if approved, must be in writing and must comply with all applicable laws, regulations, policies, and procedures. 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 4.7, 5.1, and 5.2 including: Construction Testing and additional services, shall be compensated in accordance with the following: 6.2.1 The OWNER shall pay for Additional Services and Construction Phase Services an amount not to exceed 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 1.4959 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 100 7 the estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor Cost times a factor of 1.4959 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. 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 $ 48,391.89 which includes $ 3,848.62 for consultants employed by the Engineer and $ 1,045.70 for all other reimbursable expenses. The estimated reimbursable expenses are identified in Weston’s Cost Estimate (attached). 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. 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: Principals $ /hour Project Manager $ 50.85 /hour Senior Engineer $ 57.87 /hour Senior Scientist $ 54.42 /hour Junior Scientist $ 37.33 /hour Associate Scientist $ 26.99 /hour GIS Analyst $ 41.08 /hour Financial Analyst $ 42.91 /hour 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 101 8 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. 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. 102 9 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. 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. 103 10 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. 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 104 11 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. 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: 105 12 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 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 106 13 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. 107 14 In witness Whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA ENGINEER BY: BY: (City Manager) (President) DATE: DATE: ATTEST: BY: (City Clerk) 108 Weston Solutions, Inc. 805 N. Last Chance Gulch Helena, MT 59601 406-646-2401 WestonSolutions.com December 16, 2024 Kellen Gamradt, PE City of Bozeman 121 N Rouse Ave Bozeman, MT 59715 Re: Bike/Ped Paths - Bozeman Project Number: TA 412-1(3)1 UPN: 10453000 Environmental Document Preparation and Wetland Delineation Dear Kellen: Weston Solutions, Inc. (WESTON) is pleased to present this scope of services for the Bike/Ped Paths – Bozeman project in Bozeman, Montana. This project involves the construction of new shared use pathways in three locations in Bozeman: on the west side of Valley Center Road from Catron Street to the existing pathway connection approximately 200 linear feet south of Catamount Street, on the west side of North 19th Avenue from Rawhide Ridge to Baxter Lane, and on the east side of Flanders Mill Road from Durston Road to Auger Lane. This scope of services has been prepared using the Montana Department of Transportation’s (MDT) consultant design activities descriptions, modified to fit the size and scope of the project. Activity 100 Interactive Project Evaluation This task is for project management activities. WESTON assumes production of 7 monthly invoices and progress reports. Activity 178 Request for Environmental Information This task is to prepare information request letters to assess and forecast related environmental impacts. WESTON assumes all environmental information will be readily available on-line and that written requests for environmental information will be unnecessary. Activity 181 Hazardous Materials/Substances and Water Quality - ISA This task involves completion of MDT’s ‘Initial Site Assessment’ (ISA) form number MDT-ENV-003. WESTON assumes the following to complete this activity: • The ISA will consist of an online hazard contamination check only. No field verification is anticipated. • A preliminary site investigation will not be required. • A traffic noise analysis will not be required. • Additional detailed analyses will not be required. • The June 2023 version of ISA checklist MDT-ENV-003 will be used. • No re-evaluation effort is scoped. • The draft and final form will be provided electronically only in Adobe pdf format. • MDT review of draft deliverable will be completed within 2 weeks of submittal. 109 Kellen Gamradt, PE City of Bozeman - 2 - December 16, 2024 Activity 182 Biological Resource Report/Preliminary Biological Assessment (BRR/BA) This task involves evaluation and assessment of baseline conditions and potential project effects on aquatic and biological resources. Aquatic resources include wetlands, streams, and other regulated resources. Biological resources include candidate, proposed, threatened, and endangered species; state species of concern; general aquatic and terrestrial species; wildlife accommodation needs and opportunities; eagles, migratory birds, and sage grouse; vegetation and noxious weeds. WESTON will review information from the Montana Natural Heritage Program database, Montana Fisheries Information System, and U.S. Fish & Wildlife Service (USFWS) to determine the potential occurrence of threatened and endangered species within the project corridor. A preliminary determination of effect for candidate, proposed, threatened, and endangered species and designated critical habitat will be included in the assessment. Recommendations to reduce and/or eliminate adverse impacts will be briefly described. WESTON assumes one (1) field trip to the site to evaluate baseline conditions and to delineate aquatic resources. WESTON will conduct a wetland and waterbody assessment and delineation within 100 feet of the project limits to evaluate if potential wetlands and/or other “Waters of the United States” are present within the survey area and to identify the approximate boundaries of such features. In addition, WESTON field personnel will collect data on vegetative communities, tree species and locations, invasive species, and potential nesting habitat during the field survey. This data will be used to evaluate potential effects to biological resources within the study area. WESTON will utilize personnel trained and experienced in wetlands identification and related report preparation to perform the following: • Review desktop data prior to conducting the field survey, including U.S. Geological Survey 7.5-minute topographic quadrangle maps; USFWS National Wetlands Inventory (NWI) maps; aerial photographs (current and historical); U.S. Department of Agriculture Natural Resources Conservation Service County Soil Surveys; and Federal Emergency Management Agency Flood Hazard Maps. Review of these documents will assist in the planning and execution of the field survey and will be documented in the report. • Upon authorization, City of Bozeman will provide WESTON survey area boundaries that accurately depict the survey area including project area access. City of Bozeman will provide written rights-of-entry for identified properties. • WESTON will have safe and timely access to the survey property. WESTON will only survey areas with explicit permission for WESTON access. • Complete an Occupational Safety and Health Administration (OSHA)-compliant Health and Safety Plan prior to field work. • It is assumed wetlands identified on site are limited in their extent and complexity so that they can be completely surveyed over a two-day period for the two sites on North 19th Avenue and East Valley Center Road. • WESTON will complete the wetland delineation during the late Spring 2025. • Conduct a wetland survey using the methodology contained in the 2010 U.S. Army Corps of Engineers’ (USACE) Wetland Delineation Manual, the Western Mountains Regional Supplement (Version 2.0) and the guidance presented in the MDT Wetlands Delineation Process document. The survey will evaluate soils, vegetation, and hydrology with respect to the federal methodology. The appropriate revised USACE Wetland Determination Data Forms will be used to record sample points for presence or absence of hydrophytic vegetation, hydric soil, and wetland hydrology. 110 Kellen Gamradt, PE City of Bozeman - 3 - December 16, 2024 • Identify the wetland type/classification following hydrogeomorphic (HGM) and Cowardin classification systems and categorize wetlands according to MDT’s Montana Wetland Assessment Method (MWAM). Complete the MWAM forms. • Gather applicable data for each wetland or waterbody feature, including ordinary high-water mark, bank height, bank slope, streamflow, direction and type, water appearance, stream substrate, aquatic habitats, and channel conditions and disturbances. Observations will be recorded on data sheets. • The findings and conclusions presented will be based solely on visual observations of the project area and interpretation of information provided or reasonably available to WESTON and will include the likely jurisdictional status of identified features. The official jurisdictional determination of features discussed in the report can only be made by the USACE, Omaha District. • Utilize a global positioning system (GPS) device with sub-meter accuracy to record (survey) potential wetland or waterbody features with paired data points collected for each feature, and wetland polygons collected along the actual wetland limits. • The City of Bozeman will incorporate collected GPS data into design files and provide to MDT. Geospatial data for the site, aquatic resource boundaries, wetland delineation, and data point locations will be provided in an Esri Shapefile format compatible with a Geographic Information System (GIS) system. Each Shapefile is provided in the site's appropriate coordinate system and datum and attributes describing each feature. • The BRR/BA will be documented using the ‘short form’ format provided by MDT dated June 8, 2022. • No re-evaluation effort is scoped. • The draft and final BRR/BA will be provided electronically only in Microsoft Word and Adobe pdf format. • MDT review of the draft deliverable will be completed within 2 weeks of submittal. Activity 177 Cultural Resources Management Plan This task is to conduct a cultural resource inventory of the project’s area of potential environmental impact to identify cultural material, features, or sites. WESTON will subcontract Ethnoscience (ES) to complete this task. ES will perform an inventory to determine whether historic properties exist, evaluate significance of identified sites, and prepare a Draft Cultural Resource Inventory Report in accordance with the latest edition of MDT Cultural Resource Manual. ES will request files and obtain appropriate records from the Montana State Historic Preservation Office (SHPO) to determine if previous sites are located within the project area. In addition, Ethnoscience will examine General Land Office, aerial/satellite images of the project area, and if available, LiDAR images to assist in the identification of site leads. Ethnoscience will also examine cadastral notes to determine if there are buildings present that are now 50 years or older in age. All sites over 45 years of age, except fence lines, stock dams, and field clearing piles, as well as unnamed roads and ditches will be documented. WESTON assumes the following to complete this activity: • No re-evaluation effort is scoped. • No special cultural resource permits are necessary. • City of Bozeman will provide written rights-of-entry for identified properties. • The inventory corridor will be 100 feet wide in most places and conducted with a single pedestrian transect. • The survey area includes about 0.60 miles of pedestrian survey. 111 Kellen Gamradt, PE City of Bozeman - 4 - December 16, 2024 • No testing will be conducted to determine NRHP eligibility of archaeological sites. No artifacts will be collected. • The area must be free of snow at the time of the inventory and the roads must be dry and passable. Snow and rain, and wildfire restrictions can delay the fieldwork. • The draft and final report will be provided electronically only in Microsoft Word and Adobe pdf format. • MDT review of the draft deliverable will be completed within 2 weeks of submittal. Activity 111 Environmental Engineering Existing Conditions Report This task involves analysis and documentation of potential impacts to low income and/or minority populations; environmental justice; economics; social conditions; induced growth; visual quality/aesthetics; prime farmland and/or farmland of statewide importance; historical resources, park and recreational lands, and wildlife and waterfowl refuges that may be protected by Section 4(f) of the United States Department of Transportation Act of 1966; properties acquired and/or improved with Land and Water Conservation Funds (i.e. Section 6(f) properties); surface water resources; drinking water sources; stormwater management facilities; Municipal Separate Stormwater Sewer System (MS4) requirements; Clean Water Act permitting; and Underground Injection Control program requirements. WESTON assumes the following to complete this activity: • The Environmental Engineering Existing Conditions report will be signed by the document’s author(s) and the Professional Engineer responsible for environmental engineering activities. • There are no rivers designated as Wild and Scenic within the study area. This resource will not be evaluated. • This project is located within a Municipal Separate Storm Sewer System (MS4), so Low impact development (LID) features will be evaluated. • The site visit will be conducted in conjunction with Activity 182. • Section 4(f) documentation (i.e., de minimis, programmatic, full) is not anticipated for this project. • No re-evaluation effort is scoped. • The draft and final report will be provided electronically only in Microsoft Word and Adobe pdf format. • MDT review of the draft deliverable will be completed within 2 weeks of submittal. Activity 116 Preliminary Environmental Document or Categorical Exclusion/Section 4(f) Evaluation This task involves completion of MDT’s ‘Categorical Exclusion’ documentation form number MDT-ENV-020. WESTON assumes the following to complete this activity: • Section 4(f) documentation (i.e., de minimis, programmatic, full) is not anticipated for this project. • The September 2024 version of categorical exclusion checklist MDT-ENV-020 will be used. • The project will continue to qualify as a categorical exclusion. • No re-evaluation effort is scoped. • The draft and final report will be provided electronically only in Adobe pdf format. • MDT review of the draft deliverable will be completed within 2 weeks of submittal. The total cost for this work is a lump sum of $29,725.49. Please don’t hesitate to contact me if you have any questions or would like to discuss this proposal in more detail. We look forward to working with you on this project. 112 Kellen Gamradt, PE City of Bozeman - 5 - December 16, 2024 Regards, Weston Solutions, Inc. Mindy McCarthy Project Manager cc: Moriah Thunstrom, PE Andy Wanta 113 DATE: Activity Tasks Total Hours Project Manager Senior Engineer Senior Scientist Junior Scientist Associate Scientist GIS Analyst Financial Analyst 100 INTERACTIVE PROJECT EVAL. Project Initiation, Invoicing, Progress Report 22 12 10 100 Project Management/Procurement 16 12 4 100 SUBTOTAL (HOURS)38 24 0 0 0 0 0 14 111 ENVIRONMENTAL ENGINEERING ANALYSES REPORT 111 Low Income/Minority Populations 1 1 Environmental Justice Evaluation 1 1 Social Impacts 1 1 Induced Growth 1 1 Visual Quality/Aesthetics 1 1 Prime Farmland/Statewide Importance 1 1 Section 4(f)4 4 Section 6(f)1 1 Surface Water Resources 1 1 Drinking Water Resources 1 1 Stormwater Management Faclities 1 1 Clean Water Act Permitting 1 1 Underground Injection Control 0.5 0.5 MS4/LID 0.5 0.5 Figures 4 4 111 Draft Engineering Analyses Report 9 1 8 111 Final Engineering Analyses Report 3 1 2 QA/QC of Deliverables 3 3 111 SUBTOTAL (HOURS)35 2 7 0 0 22 4 0 116 PRELIMINARY ENVIRONMENTAL DOCUMENT ORCATEGORICAL EXCLUSION/SECTION 4(f) EVALUATION 116 Preliminary Categorical Exclusion 8 8 116 Draft Categorical Exclusion 4.0 1 1 2 116 Final Categorical Exclusion 3.0 1 1 1 116 SUBTOTAL (HOURS)15 2 2 0 11 0 0 0 178 Request Environmental Information 178 Written Requests 0 QA/QC of Deliverables 0 178 SUBTOTAL (HOURS)0 0 0 0 0 0 0 0 181 Hazardous Materials/Substances and Water Quality ISA 181 Environmental Database Review 6 6 181 Draft ISA checklist or report 3.0 1 2 181 Final ISA checklist or report 1.5 0.5 1 QA/QC of Deliverables 2 2 181 SUBTOTAL (HOURS)12.5 1.5 2 0 0 9 0 0 182 Biological Resource Report/Biological Assessment 182 Desktop Review/Field Prep 4 4 Health and Safety Plan 3 1 2 Travel/Field Review/Wetland Delineation 45 24 20.5 Aquatic Resources 4 4 T&E Species - Endangered Species Act 4 2 2 Montana Species of Concern 3 2 1 General Aquatic Species 0.5 0.5 General Terrestrial Species 1 1 Wildlife Accommodation Needs and Opportunities 0.5 0.5 Bald and Golden Eagle Protection Act 1 1 Migratory Bird Treaty Act 0.5 0.5 Sage Grouse 0.5 0.5 Vegetation and Noxious Weeds 1 1 Wetland Delineation Data Forms 4 4 Montana Wetland Assessment Method Forms 4 4 Photo Log 4 4 Figures 8 8 182 Draft BRR/BA 25 1 4 20 182 Final BRR/BA 6 1 1 4 QA/QC of Deliverables 6 2 4 182 SUBTOTAL (HOURS)124.5 2 3 13 78 20.5 8 0 SURVEY PHTOTAL SURVEY PHASE HOURS 225 31.5 14 13 89 51.5 12 14 DESIGN PHATOTAL DESIGN PHASE HOURS 0 0 0 0 0 0 0 0 R/W PHASE TOTAL RIGHT OF WAY PHASE HOURS 0 0 0 0 0 0 0 0 Total Project Total Project Hours 225 31.5 14 13 89 51.5 12 14 PROJECT: Bike/Peds Path - BozemanUPN: 10420000 Estimate Prepared By: Weston Solutions, Inc.1/6/2025 Page 1 of 2 114 DATE: Hours % of total Rate Extension 32 14%50.85 1,601.78 Senior Engineer - Thunstrom 14 6%57.87 810.18 Senior Scientist - Korsmo 13 6%54.42 707.46 Junior Scientist - Wanta 89 40%37.33 3,322.37 Associate Scientist - Powell 52 23%26.99 1,389.99 12 5%41.08 492.96 14 6%42.91 600.74 225 LABOR SUBTOTAL $8,925.47 1.4959 OVERHEAD SUBTOTAL $13,351.61 TOTAL LABOR/OVERHEAD $22,277.08 0.00 Hours Per Hour 0.00Title commitments Parcels Per Parcel 0.00Vehicle Rental/Gas Days 2 Per Day $79 158.54 Miles Per Mile GSA 0.00 Airline Trips Trips Per Trip 0.00 Days 2 Per Day $176 GSA 352.00 Days 4 Per Day $60 GSA 240.00 Days Per Day 0.00 Days 2 Per Day $88.00 176.00 TOTAL DIRECT NONLABOR $926.54 Drilling Contractor Soils/Geotechnical Survey/Report/Testing Cultural Resource Studies/Report 3,848.62 Noise Study Traffic Study/Report Biological Resources Studies/Report Surveys Subsurface Utility Engineering Hazardous Materials (Initial Site Assessment) Landscaping Plans Electrical/Lighting Signalization etc Aerial Photography/Mapping Other TOTAL OUTSIDE SERVICES AND SUBCONTRACTS $3,848.62 Total Labor/ Overhead 22,277.08 Total Direct NonLabor 926.54 Total Outside Services & Subcontracts 3,848.62Profit (12% of Total Labor Costs)2,673.25 TOTAL ESTIMATED COST $29,725.49 Airport Parking iPad/GPS GENERAL OVERHEAD @ Computer Mileage Lodging Meals DIRECT NONLABOR Miscellaneous (Blueline PROJECT: Bike/Peds Path - Bozeman UPN: 10420000 Estimate Prepared By: Weston Solutions, Inc. GIS Analyst - Beckley COST SUMMARY 1/6/2025 RECAPITULATION TOTAL HOURS Project Manager - McCarthy Financial Analyst - Lewis OUTSIDE SERVICES AND SUBCONTRACTS Page 2 of 2 115 Weston Solutions, Inc. 805 N. Last Chance Gulch Helena, MT 59601 406-646-2401 WestonSolutions.com January 2, 2025 Kellen Gamradt, PE City of Bozeman 121 N Rouse Ave Bozeman, MT 59715 Re: Path Preservation II - Bozeman Project Number: TA 50-2(105)87 UPN: 10450000 Environmental Document Preparation Dear Kellen: Weston Solutions, Inc. (WESTON) is pleased to present this scope of services for the Path Preservation II – Bozeman project in Bozeman, Montana. This project involves asphalt pathway preservation on existing shared use pathways adjacent to Oak Street, North 19th Avenue, and Huffine Lane. This scope of services has been prepared using the Montana Department of Transportation’s (MDT) consultant design activities descriptions, modified to fit the size and scope of the project. Activity 100 Interactive Project Evaluation This task is for project management activities. WESTON assumes production of 7 monthly invoices and progress reports. Activity 178 Request for Environmental Information This task is to prepare information request letters to assess and forecast related environmental impacts. WESTON assumes all environmental information will be readily available on-line and that written requests for environmental information will be unnecessary. Activity 181 Hazardous Materials/Substances and Water Quality - ISA This task involves completion of MDT’s ‘Initial Site Assessment’ (ISA) form number MDT-ENV-003. WESTON assumes the following to complete this activity: • The ISA will consist of an online hazard contamination check only. No field verification is anticipated. • A preliminary site investigation will not be required. • A traffic noise analysis will not be required. • Additional detailed analyses will not be required. • The June 2023 version of ISA checklist MDT-ENV-003 will be used. • No re-evaluation effort is scoped. • The draft and final form will be provided electronically only in Adobe pdf format. • MDT review of draft deliverable will be completed within 2 weeks of submittal. 116 Kellen Gamradt, PE City of Bozeman - 2 - January 2, 2025 Activity 182 Biological Resource Report/Preliminary Biological Assessment (BRR/BA) This task involves evaluation and assessment of baseline conditions and potential project effects on aquatic and biological resources. Aquatic resources include wetlands, streams, and other regulated resources. Biological resources include candidate, proposed, threatened, and endangered species; state species of concern; general aquatic and terrestrial species; wildlife accommodation needs and opportunities; eagles, migratory birds, and sage grouse; vegetation and noxious weeds. WESTON will review information from the Montana Natural Heritage Program database, Montana Fisheries Information System, and U.S. Fish & Wildlife Service (USFWS) to determine the potential occurrence of threatened and endangered species within the project corridor. A preliminary determination of effect for candidate, proposed, threatened, and endangered species and designated critical habitat will be included in the assessment. Recommendations to reduce and/or eliminate adverse impacts will be briefly described. WESTON assumes one (1) field trip to the site to evaluate baseline conditions and to confirm no wetlands are present within the project limits. WESTON field personnel will collect data on vegetative communities, tree species and locations, invasive species, and potential nesting habitat during the field survey. This data will be used to evaluate potential effects to biological resources within the study area. WESTON assumes the following to complete this activity: • Review desktop data prior to conducting the field survey, including U.S. Geological Survey 7.5-minute topographic quadrangle maps; USFWS National Wetlands Inventory (NWI) maps; aerial photographs (current and historical); U.S. Department of Agriculture Natural Resources Conservation Service County Soil Surveys; and Federal Emergency Management Agency Flood Hazard Maps. Review of these documents will assist in the planning and execution of the field survey and will be documented in the report. • Upon authorization, City of Bozeman will provide WESTON survey area boundaries that accurately depict the survey area including project area access. City of Bozeman will provide written rights-of-entry for identified properties. • WESTON will complete an Occupational Safety and Health Administration (OSHA)-compliant Health and Safety Plan prior to field work. • WESTON will have safe and timely access to the survey property. WESTON will only survey areas with explicit permission for WESTON access. • The BRR/BA will be documented using the ‘short form’ format provided by MDT dated June 8, 2022. • No re-evaluation effort is scoped. • The draft and final BRR/BA will be provided electronically only in Microsoft Word and Adobe pdf format. • MDT review of the draft deliverable will be completed within 2 weeks of submittal. Activity 177 Cultural Resources Management Plan This task is to conduct a cultural resource inventory of the project’s area of potential environmental impact to identify cultural material, features, or sites. Because this is a path preservation project on existing paths, no cultural resources survey is required for this project (per email from Ben Schendel, dated January 2, 2025.) Activity 111 Environmental Engineering Existing Conditions Report This task involves analysis and documentation of potential impacts to low income and/or minority populations; environmental justice; economics; social conditions; induced growth; visual quality/aesthetics; prime farmland 117 Kellen Gamradt, PE City of Bozeman - 3 - January 2, 2025 and/or farmland of statewide importance; historical resources, park and recreational lands, and wildlife and waterfowl refuges that may be protected by Section 4(f) of the United States Department of Transportation Act of 1966; properties acquired and/or improved with Land and Water Conservation Funds (i.e. Section 6(f) properties); surface water resources; drinking water sources; stormwater management facilities; Municipal Separate Stormwater Sewer System (MS4) requirements; Clean Water Act permitting; and Underground Injection Control program requirements. WESTON assumes the following to complete this activity: • The Environmental Engineering Existing Conditions report will be signed by the document’s author(s) and the Professional Engineer responsible for environmental engineering activities. • There are no rivers designated as Wild and Scenic within the study area. This resource will not be evaluated. • Low impact development features will not be evaluated since this project is not considered new development or redevelopment. • The site visit will be conducted in conjunction with Activity 182. • Section 4(f) documentation (i.e., de minimis, programmatic, full) is not anticipated for this project. • No re-evaluation effort is scoped. • The draft and final report will be provided electronically only in Microsoft Word and Adobe pdf format. • MDT review of the draft deliverable will be completed within 2 weeks of submittal. Activity 116 Preliminary Environmental Document or Categorical Exclusion/Section 4(f) Evaluation This task involves completion of MDT’s ‘Categorical Exclusion’ documentation form number MDT-ENV-020. WESTON assumes the following to complete this activity: • Section 4(f) documentation (i.e., de minimis, programmatic, full) is not anticipated for this project. • The September 2024 version of categorical exclusion checklist MDT-ENV-020 will be used. • The project will continue to qualify as a categorical exclusion. • No re-evaluation effort is scoped. • The draft and final report will be provided electronically only in Adobe pdf format. • MDT review of the draft deliverable will be completed within 2 weeks of submittal. The total cost for this work is $18,666.40. Please don’t hesitate to contact me if you have any questions or would like to discuss this proposal in more detail. We look forward to working with you on this project. Regards, Weston Solutions, Inc. Mindy McCarthy Project Manager cc: Moriah Thunstrom, PE Andy Wanta 118 DATE: Activity Tasks Total Hours Project Manager Senior Engineer Senior Scientist Junior Scientist Associate Scientist GIS Analyst Financial Analyst 100 INTERACTIVE PROJECT EVAL. Project Initiation, Invoicing, Progress Report 22 12 10 100 Project Management/Procurement 12 12 100 SUBTOTAL (HOURS)34 24 0 0 0 0 0 10 111 ENVIRONMENTAL ENGINEERING ANALYSES REPORT 111 Low Income/Minority Populations 1 1 Environmental Justice Evaluation 1 1 Social Impacts 1 1 Induced Growth 1 1 Visual Quality/Aesthetics 1 1 Prime Farmland/Statewide Importance 1 1 Section 4(f)4 4 Section 6(f)1 1 Surface Water Resources 1 1 Drinking Water Resources 1 1 Stormwater Management Faclities 1 1 Clean Water Act Permitting 1 1 Underground Injection Control 0.5 0.5 Figures 4 4 111 Draft Engineering Analyses Report 9 1 8 111 Final Engineering Analyses Report 3 1 2 QA/QC of Deliverables 3 3 111 SUBTOTAL (HOURS)34.5 2 7 0 0 21.5 4 0 116 PRELIMINARY ENVIRONMENTAL DOCUMENT OR CATEGORICAL EXCLUSION/SECTION 4(f) EVALUATION 116 Preliminary Categorical Exclusion 8 8 116 Draft Categorical Exclusion 4.0 1 1 2 116 Final Categorical Exclusion 3.0 1 1 1 116 SUBTOTAL (HOURS)15 2 2 0 0 11 0 0 181 Hazardous Materials/Substances and Water Quality ISA 181 Environmental Database Review 6 6 181 Draft ISA checklist or report 3.0 1 2 181 Final ISA checklist or report 1.5 0.5 1 QA/QC of Deliverables 2 2 181 SUBTOTAL (HOURS)12.5 1.5 2 0 0 9 0 0 182 Biological Resource Report/Biological Assessment 182 Desktop Review/Field Prep 4 4 Health and Safety Plan 3 1 2 Travel/Field Review 8 8 Aquatic Resources 2 2 T&E Species - Endangered Species Act 4 2 2 Montana Species of Concern 3 2 1 General Aquatic Species 0.5 0.5 General Terrestrial Species 1 1 Wildlife Accommodation Needs and Opportunities 0.5 0.5 Bald and Golden Eagle Protection Act 1 1 Migratory Bird Treaty Act 1.0 1 Sage Grouse 0.5 0.5 Vegetation and Noxious Weeds 1 1 Photo Log 3 3 Figures 6 6 182 Draft BRR/BA 21 1 4 16 182 Final BRR/BA 6 1 1 4 QA/QC of Deliverables 2 2 182 SUBTOTAL (HOURS)67.5 2 3 9 47.5 0 6 0 SURVEY PHTOTAL SURVEY PHASE HOURS 163.5 31.5 14 9 47.5 41.5 10 10 DESIGN PHATOTAL DESIGN PHASE HOURS 0 0 0 0 0 0 0 0 R/W PHASE TOTAL RIGHT OF WAY PHASE HOURS 0 0 0 0 0 0 0 0 Total Project Total Project Hours 163.5 31.5 14 9 47.5 41.5 10 10 PROJECT: Path Preservation II - BozemanUPN: 10420000 Estimate Prepared By: Weston Solutions, Inc.1/6/2025 Page 1 of 2 119 DATE: Hours % of total Rate Extension 32 19%50.85 1,601.78 Senior Engineer - Thunstrom 14 9%57.87 810.18 Senior Scientist - Korsmo 9 6%54.42 489.78 Junior Scientist - Wanta 48 29%37.33 1,773.18 Associate Scientist - Powell 42 25%26.99 1,120.09 10 6%41.08 410.80 10 6%42.91 429.10 164 LABOR SUBTOTAL $6,634.90 1.4959 OVERHEAD SUBTOTAL $9,925.14 TOTAL LABOR/OVERHEAD $16,560.03 0.00 Hours Per Hour 0.00Title commitments Parcels Per Parcel 0.00Vehicle Rental/Gas Days 1 Per Day $100 100.16 Miles Per Mile $0.70 GSA 0.00 Airline Trips Trips Per Trip 0.00 Days Per Day GSA 0.00 Days 1 Per Day $19 GSA 19.00 Days Per Day 0.00 Days Per Day 0.00 TOTAL DIRECT NONLABOR $119.16 Drilling Contractor Soils/Geotechnical Survey/Report/Testing Cultural Resource Studies/Report Noise Study Traffic Study/Report Biological Resources Studies/Report Surveys Subsurface Utility Engineering Hazardous Materials (Initial Site Assessment) Landscaping Plans Electrical/Lighting Signalization etc Aerial Photography/Mapping Other TOTAL OUTSIDE SERVICES AND SUBCONTRACTS $0.00 Total Labor/ Overhead 16,560.03 Total Direct NonLabor 119.16 Total Outside Services & Subcontracts 0.00 Profit (12% of Total Labor Costs)1,987.20 TOTAL ESTIMATED COST $18,666.40 RECAPITULATION TOTAL HOURS Project Manager - McCarthy Financial Analyst - Lewis OUTSIDE SERVICES AND SUBCONTRACTS PROJECT: Path Preservation II - Bozeman UPN: 10420000 Estimate Prepared By: Weston Solutions, Inc. GIS Analyst - Beckley COST SUMMARY 1/6/2025 Airport Parking iPad GENERAL OVERHEAD @ Computer Mileage Lodging Meals DIRECT NONLABOR Miscellaneous (Blueline Page 2 of 2 120 Memorandum REPORT TO:City Commission FROM:Jon Kercher, Water Reclamation Facility Superintendent Shawn Kohtz, Utilities Director SUBJECT:Authorize the City Manager to sign a Professional Services Agreement with Jacobs for Engineering Services to Study the Phosphorous Removal Process in Place at the Water Reclamation Facility MEETING DATE:January 28, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve and authorize the City Manager to sign a Professional Services Agreement with Jacobs for engineering services to study the phosphorous removal process in place at the Water Reclamation Facility. STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. BACKGROUND:Secondary treatment at the Water Reclamation Facility (WRF) utilizes enhanced biological phosphorus removal, which results in high concentrations of phosphate in the part of the WRF that processes solids. To address phosphate concerns, the WRF adds a 60% magnesium hydroxide slurry into the treatment process to sequester released phosphate as struvite. The struvite is retained in the solids and is ultimately disposed at the Logan landfill. The plant has been dosing magnesium since 2017, coinciding with treatment process upgrades at the WRF. The cost of this magnesium addition has increased steadily over the last five years, and an evaluation of current performance, as well as future needs is warranted if the City is to continue maintaining current performance in a cost-effective way. This study will help us determine the most cost-effective strategy for managing phosphorus in the solids while maintaining WRF performance. UNRESOLVED ISSUES:None ALTERNATIVES:As Suggested by the Commission FISCAL EFFECTS:The total cost for these professional services is $49,995. Funding has been 121 allocated in the FY25 Small Works budget for the Water Reclamation Facility. Attachments: Bozeman Phosphorus Short Form PSA Engineering_Final Jacobs Executed 1.10.25.pdf Report compiled on: January 10, 2025 122 Professional Services Agreement – Engineering FY2020-2021 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2020 (“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 Jacobs Engineering Group Inc. with a mailing address of 1301 West Summit Street, Livingston, MT 59047, hereinafter referred to as “Consultant.” The City and Consultant may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Consultant to perform for City services described in the Scope of Services attached hereto as “Exhibit A” and by this reference made a part hereof for the Project: Digester Phosphate Evaluation. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate upon satisfactory completion of the agreed Scope of Services, which may be amended from time to time by the mutual agreement of the Parties pursuant to terms of this agreement, as determined by the City. 3. Scope of Services: Consultant will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. Consultant may, at its own risk, use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, Sub- consultants, manufacturers, suppliers, and publishers of technical standards. 4. Payment for Scope of Services: City agrees to pay Consultant for the completion of the Scope of Services on a time and materials basis to not exceed $49,995 The Consultant’s billing rates in $/hr for its employee classes and a detailed breakdown of personnel hours directly assigned to each task of the Scope of Services is provided herewith as part of Exhibit A. 123 Professional Services Agreement – Engineering FY2020-2021 Page 2 of 11 5. Reimbursable Expenses: As defined in section 8 of this Agreement, for completion of the Scope of Services and approved Additional Services, reimbursable expenses shall be paid to the Consultant by the City in the actual amount of the costs incurred up to an amount not to exceed $2,300. The estimated reimbursable expenses are provided herewith as part of Exhibit A 6. Additional Services: If the City requests Consultant to perform any Additional Services not otherwise provided for in this Agreement, City shall so instruct the Consultant in writing, and the Consultant shall perform, or direct its Sub-consultants to perform, such services necessary to complete the Additional Services requested. The City and Consultant shall mutually agree upon a basis of payment for the Additional Services requested prior to the Consultant proceeding with such Additional Services. 7. Times of Payments: The Consultant may submit monthly statements for the Scope of Services and approved Additional Services rendered and for Reimbursable Expenses incurred. The statements shall be based upon Consultant’s estimate of the proportion of the total Scope of Services actually completed for each task at the time of billing. The City shall issue payment for all approved invoices within 60 days of receipt. 8. Meaning of Terms: a. Additional Services: Additional Services means services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by the City where changes are due to causes beyond the Consultant’s control. Additional Services can also mean providing other services not otherwise provided for in the Agreement that are substantially similar to and generally consistent with the nature of services contained in the Scope of Services. b. Agreement: As used herein the term “this Agreement” refers to the contents of this document and its Attachments and Exhibits attached hereto and referred to as if they were part of one and the same document. c. Direct Labor Costs: Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all of the Consultant’s personnel engaged directly on the Scope of Services but does not included indirect payroll related costs or fringe benefits. d. Reimbursable Expenses: Reimbursable expenses mean the actual expenses incurred by the Consultant or its Sub-consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized technology or software subscription charges; reproduction of reports, technical memoranda, drawings, renderings and similar Project-related items. e. Sub-consultants: Sub-consultants means any independent professional associates working on the Project that are not directly employed by the Consultant and have 124 Professional Services Agreement – Engineering FY2020-2021 Page 3 of 11 rather been hired by the Consultant to serve a particular role or offer a particular service for the Project. 9. Consultant’s Representations: To induce City to enter into this Agreement, Consultant makes the following representations: a. Consultant has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Consultant represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 10. Independent Contractor Status/Labor Relations: The parties agree that Consultant is an independent Contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Consultant is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Consultant is not authorized to represent the City or otherwise bind the City in any dealings between Consultant and any third parties. Consultant shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Consultant shall maintain workers’ compensation coverage for all members and employees of Consultant’s business, except for those members who are exempted by law. 11. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Consultant agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to 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 125 Professional Services Agreement – Engineering FY2020-2021 Page 4 of 11 that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Consultant; or (ii) any negligent, reckless, or intentional misconduct of any of the Consultant’s agents. For the professional services rendered, to the fullest extent permitted by law, Consultant agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Consultant or Consultant’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee which would otherwise exist as to such indemnitee(s). Consultant’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Consultant to assert its right to defense or indemnification under this Agreement or under the Consultant’s applicable insurance policies required below the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Consultant was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Consultant also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Consultant shall at Consultant’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Consultant in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Consultant in this Section. 126 Professional Services Agreement – Engineering FY2020-2021 Page 5 of 11 The insurance listed below, excluding the commercial general liability and automobile liability, 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 and which is acceptable to the City. Consultant’s commercial general liability and automobile liability coverage will respond to third party claims that are caused by Consultant. Consultant shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City of Bozeman shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Consultant commencing work. Consultant shall notify City within two (2) business days of Consultant’s receipt of notice that any required insurance coverage will be terminated or Consultant’s decision to terminate any required insurance coverage for any reason. 12. Termination for Consultant’s Fault: a. If Consultant refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to Consultant’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 12, Consultant shall be entitled to payment only for those services Consultant actually rendered. c. Any termination provided for by this Section 12 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 12, Consultant shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 127 Professional Services Agreement – Engineering FY2020-2021 Page 6 of 11 13. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Consultant (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Consultant. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Consultant shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Consultant shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 13, Consultant is entitled to payment only for those services Consultant actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 13(c) is the sole compensation due to Consultant for its performance of this Agreement. Consultant shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 14. Limitation on Consultant’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Consultant under this Agreement, Consultant’s damages shall be limited to contract damages and Consultant hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Consultant wants to assert a claim for damages of any kind or nature, Consultant shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the Consultant becoming aware of the facts and circumstances giving rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all rights to assert such claim. 15. Representatives and Notices: 128 Professional Services Agreement – Engineering FY2020-2021 Page 7 of 11 a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Jon Kercher or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Consultant may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Consultant’s Representative: The Consultant’s Representative for the purpose of this Agreement shall be Jodie Binger, PE or such other individual as Consultant shall designate in writing. Whenever direction to or communication with Consultant is required by this Agreement, such direction or communication shall be directed to Consultant’s Representative; provided, however, that in exigent circumstances when Consultant’s Representative is not available, City may direct its direction or communication to other designated Consultant personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 16. Permits: Consultant shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 17. Laws and Regulations: Consultant shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 18. Nondiscrimination and Equal Pay: The Consultant agrees that all hiring by Consultant of persons performing this Agreement shall be on the basis of merit and qualifications. The Consultant will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The 129 Professional Services Agreement – Engineering FY2020-2021 Page 8 of 11 Consultant will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Consultant shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Consultant represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Consultant must report to the City any violations of the Montana Equal Pay Act that Consultant has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Consultant shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 19. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Consultant shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Consultant acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Consultant shall be obligated to furnish such proof. The Consultant shall be responsible for instructing and training the Consultant's employees and agents in proper and specified work methods and procedures. The Consultant shall provide continuous inspection and supervision of the work performed. The Consultant is responsible for instructing its employees and agents in safe work practices. 20. Modification and Assignability: This Agreement may not be enlarged, modified, amended or altered except by written agreement signed by both parties hereto. The Consultant may not subcontract or assign Consultant’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any Sub-consultant or assignee will be bound by all of the terms and conditions of this Agreement. 21. Reports/Accountability/Public Information: Consultant agrees to develop and/or provide documentation as requested by the City demonstrating Consultant’s compliance with 130 Professional Services Agreement – Engineering FY2020-2021 Page 9 of 11 the requirements of this Agreement. Consultant shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Consultant pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Consultant shall not issue any statements, releases or information for public dissemination without prior approval of the City. 22. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 23. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 24. Taxes: Consultant is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 25. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 26. Survival: Consultant’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 27. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 28. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 131 Professional Services Agreement – Engineering FY2020-2021 Page 10 of 11 29. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 30. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 31. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 32. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 33. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 34. Standard of Care: In providing services under this Agreement, Consultant will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the Consultant shall, at the City’s request, re- perform the service at its own expense. Consultant shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The City’s rights herein are in addition to any other remedies the City may have under the law 35. Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all monies due Consultant under this Agreement, Consultant’s work products produced under this Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or modification of the work products will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants. 36. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 132 Professional Services Agreement – Engineering FY2020-2021 Page 11 of 11 In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA CONSULTANT BY: Chuck Winn, Acting City Manager BY: Court Harris, Vice President DATE: DATE: ATTEST: BY: Mike Maas, City Clerk APPROVED AS TO FORM: BY: Greg Sullivan, City Attorney January 10, 2025 133 Memorandum Jacobs Engineering Group Inc. 1 Digester Phosphate Evaluation Scope of Work Date: November 22, 2024 712 N D Street Livingston, MT 59047 United States T +1.406.823.0705 www.jacobs.com Project name: Digester Phosphate Evaluation Scope of Work Project no: W9Y29902 Attention: Jon Kercher Company: City of Bozeman Project Understanding The City of Bozeman (City) Water Reclamation Facility (WRF) utilizes anaerobic digestion to process sludge from the primary and secondary treatment processes. The anaerobic digestion approach involves three digesters operating in series, where the first two digesters process primary sludge (PS) with a retention time exceeding 30 days. The third digester incorporates thickened waste activated sludge (TWAS) into already digested thickened primary sludge (TPS), adding an additional retention time of approximately 15 days. The City is in the process of expanding their digestion process to add an additional digester in the second stage. Secondary treatment at the WRF utilizes enhanced biological phosphorus removal (EBPR), which can result in high concentrations of phosphate (PO4) in the digesters and likely manifest as uncontrolled struvite formation within the digestion and dewatering process. To address nuisance struvite and PO4 recycle load concerns, the City adds a 60% magnesium hydroxide (Mg(OH)₂) slurry into the recycle line of the third digester to sequester released PO4 as struvite (MgNH4PO4•6H2O). The formed struvite is retained in the sludge and exits with the WRF’s biosolids. The Mg(OH)2 also provides supplemental alkalinity which may contribute to digester stability. The plant has been dosing Mg(OH)₂ since 2017, coinciding with the transition to EBPR. This strategy has been successful at maintaining reduced PO4 return loads to the secondary process and limiting detrimental struvite formation. Given the onset of Mg(OH)2 dosing coincides with implementation of EBPR, data on the natural PO4 concentrations that would be observed without Mg(OH)2 dosing is not available. This has limited the City’s ability to quantify how much struvite is being created and what potential remains for struvite formation downstream of the digester. Despite sequestering released PO4 with Mg(OH)2, the City continues to have struvite formation within the screw presses, and they are manual cleaned with hydrochloric acid and a pressure washer on a weekly basis. Additionally, the digesters have not been taken out of service since implementation of EBPR, and it is unknown if the intentionally formed struvite is accumulating within the digester or ancillary processes. Scope of Work Objective: This evaluation aims to assess the existing Mg(OH)₂ approach to provide a more thorough understanding of dosing requirements and identify improvements that could be considered for the process. Major outcomes of the evaluation are expected to be as follows: 134 Memorandum Jacobs Engineering Group Inc. 2 1) Determination of the recommended Mg(OH)₂ dosing to maintain biological phosphorus removal performance and protect the digestion/dewatering process components from struvite formation. 2) 2) Evaluation of alternative injection points that may ease operations. 3) 3) Quantification of the operational cost of the current Mg(OH)₂ approach to allow for more accurate benchmarking to alternative struvite/PO4 management approaches. Scope Components: The scope of services proposed are listed below and described in detail in the task descriptions: • Task 1 – Project Management • Task 2 – Technical Work • Task 3 – Documentation Task 1 – Project Management Project management will be conducted by Jacobs and will include coordination with the City, internal Jacobs schedule management, progress reporting and invoicing, and project administration. Task 1 Deliverables • Progress Report and Monthly Invoicing, delivered electronically to the City via email. Task 1 Assumptions • Project management is estimated as 2 hours per month. • Project management level of effort is based on the assumed project duration of 6 months. Task 2 – Technical Work Task 2 work includes three subtasks as follows: Task 2.a – Field Testing Jacobs will draft a sampling plan in coordination with the City to obtain sample data on the current facility operation. The final sampling plan will be based on existing facility testing capabilities and utilizing an outside lab as needed. The sampling test plan will be delivered to the City as a PDF via email. A draft sampling plan to assist the City in estimating sampling costs (to be conducted by the City) will be based on the following: o Goal: Provide supplemental information to facilitate PO4 mass balances across the digester, provide supplemental data for evaluation, and enhance scope objectives. o Existing Process Enhanced Sampling 1. Screw Press Liquor: Analyze PO4-P, NH₃-N, Mg²⁺, Ca²⁺, K⁺, (optionally Fe2+, Al3+, Na+), pH, conductivity, and alkalinity 2-3 times a week for 4 weeks. 2. Digester #2 Effluent: Analyze PO4-P, NH₃-N, Mg²⁺, Ca²⁺, K⁺, (optionally Fe2+, Al3+, Na+, VFA) and pH with the same frequency as above. 135 Memorandum Jacobs Engineering Group Inc. 3 3. Digester #3 Effluent: Analyze for the same parameters as the Screw Press Liquor to assess struvite precipitation across the screw press (by mass balance). 4. Plant Influent: Analyze COD, VFA, soluble Mg/Ca, and total Mg/Ca/Fe/Al. Task 2.b – Assess Mg(OH)2 requirements Work under this subtask will be to complete benchtop studies (to be conducted by Jacobs with the assistance of the City). Task 2.b will commence following the completion of Task 2.a. o Goal: When used in conjunction with data collected from Existing Process Enhanced Sampling, a benchtop study can be used to help quantify the amount of PO4 that is being released in the digester and sequestered as struvite. 1. Task #1: WAS Phosphorus Release Testing (conducted by Jacobs and the City): 1. Conduct two 48-hour anaerobic phosphate release tests using TWAS: 1) with acetic acid and 2) With digester #2 effluent in the feed ratio for digester #3. 2. Analyze PO4-P, Mg²⁺, NH₃-N and pH (optionally VFA) at 0, 8, 24 and 48 hours. 2. Task #2: Struvite Assay in Digested Sludge by two comparative methods: 1. Method A: Acidify a digested sludge sample to pH < 4 and analyze for PO4-P, NH₃-N, Ca, Mg at the natural pH and at pH<4. The process will dissolve struvite and other minerals and their quantities can be estimated by mass balances. The test should be repeated twice, on different days. 2. Method B: Dry the same sample collected for Method A at ≤ 40°C and use X-Ray Diffraction analysis (at an external lab) to quantify struvite. 3. Jacobs will coordinate with the City to determine a list of suitable equipment and supplies for the City to procure prior to conducting the above tests. Procedures to be developed based on the equipment that City currently owns and operates. Equipment needed will include beakers or a jar test apparatus, benchtop dewatering and filtration equipment, a pH probe and Hach photospectrometer with Test ‘N Tube (TNT) test kits, etc. o Goal: Assess required Mg(OH)₂ to maintain existing WRF biological phosphorus removal performance. 1. Update the City’s existing BioWin™ model to reflect field sampling and benchtop results obtained in Task 1; with an emphasis on digester PO4 precipitation. 2. Utilize the existing process model to assess the connection between digester PO4 sequestration and WRF effluent PO4 and recommend the amount of removal required to maintain effluent performance. o Goal: Assess Mg(OH)₂ dose required to protect digestion and dewatering equipment from detrimental struvite formation. 136 Memorandum Jacobs Engineering Group Inc. 4 1. Evaluate field data to determine the limiting components and drivers in struvite formation. 2. Establish PO4 removal and Mg(OH)₂ dosing to mitigate detrimental struvite production risks. Task 2.c – Quantify Operational Costs and Implementation Considerations. Work under this subtask will quantify operational cost of Mg(OH)₂ addition under the current and recommended dosing rates identified in Task 2.b.The task will also provide recommendations for future modifications to be considered in future studies. This is likely to include alternative feed points, chemical batching, and chemical delivery considerations. Task 3 – Documentation The purpose of Task 3 will be to compile the results and conclusions of Task 2 work into a technical memo (TM) to the City to document the current facility operation, potential implementation modifications, and the anticipated operating costs. A draft TM will be delivered as a PDF via email. A virtual review meeting will be set up with the City to discuss the TM with review comments incorporated into a final TM. Deliverables and Assumptions Deliverables: Task 2.a will be delivered as a PDF sampling plan for the City to follow. The updated BioWin™ model will be provided to the City as native files. The results will be documented in a summary technical memorandum (draft and final) and summary workshop (virtual). Scope Assumptions: The scope of work and level of effort are based on the following assumptions: 1. One Jacobs employee will travel to Bozeman to support the facility benchtop testing for 1 week associated with Task 2.b. 2. The existing BioWin™ model of the WRF can be provided and the model represents an acceptable calibration of the existing process. 3. The data requested in Appendix A can be provided. 4. Workshops/Meetings: One kick off meeting, one summary workshop and 2 progress meetings are assumed. Meetings are planned to be virtual to be attended by two Jacobs employees. 5. All labor for field sampling and associated cost of analysis will be provided by the City (Task 2.a). 6. All materials, supplies and some supporting labor, required for benchtop testing will be provided by the City (Task 2.b). 7. The project budget will be managed at the project level rather than task or subtask level. 137 Memorandum Jacobs Engineering Group Inc. 5 Estimated Fee and Schedule It is anticipated that this work will take six months to complete; starting on January 1st. Jacobs will provide this scope of services including labor and expenses on a time and materials basis. The project cost is not to exceed $49,995 and is detailed in the below cost estimate. Services will be invoiced at the rates included in the cost estimate. Labor HourLabor Hour & Fee Summary Billing Rate $175 $265 $185 $185 $350 $220 $100 12 0 0 0 0 4 0 16 2,980$ $0 $2,980 4 24 82 30 5 0 0 145 29,530$ $2,300 $31,830 11 16 16 16 6 0 10 75 15,185$ -$ 15,185$ 27 40 98 46 11 4 10 236 47,695$ 2,300$ 49,995$ Colin Fitzgerald, Senior TechnologistDerek Lycke, Senior TechnolgistTotals Task 1 - Project Management Task 2 - Technical Work Task 2 - Documentation Task Key Staff Document ProcessingStaff EngineerJodie Binger,Project ManagerMike Petersen, HSEBruce Johnson, Fellow Technolgist/QCTotalJacobs Staff Labor HoursDirect Labor CostsTravel Expenses138 Memorandum Jacobs Engineering Group Inc. 6 Attachment A: Request for information: • Current plant operational data o Influent/effluent o Bioreactor MLSS o Solids production o Chemical use • Existing process model information o Calibrated Biowin™ model or other commercial platform o Previoys special sampling data o Reports describing calibration • Current operational costs o Mg(OH)2 chemical costs o Labor costs to maintain Mg(OH)2 equipment and screw press cleaning labor 139 Memorandum REPORT TO:City Commission FROM:Shawn Kohtz, Utilities Director SUBJECT:Authorize the City Manager to Sign an Agreement with the Montana Department of Transportation (MDT) for Utilities Relocates Associated with MDT Work on North 7th Avenue MEETING DATE:January 28, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to execute the attached agreement with the Montana Department of Transportation (MDT) for utilities relocates associated with MDT work on North 7th Avenue. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:Montana Department of Transportation allocated federal aid funds to perform improvements to N. 7th at the intersections with Mendenhall, Peach, Tamarack, and Oak. Pursuant to MDT’s attached contract and to mobilize the federal funds allocated by MDT to the project, MDT requires the City to pay 25% of the costs of relocating elements of sewer and water utilities to accommodate the work. MDT will pay a 75% share of the utility relocate costs. The project will require adjustment of 12 water valve boxes, 1 manhole rim, 1 fire hydrant, and 1 curb stop valve in the water and sewer pipe systems. The attached agreement was reviewed by City Attorney Sullivan and Utilities Director Kohtz. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The anticipated fiscal effect to the City is $7,937 from the Water Fund and $379 from the Sewer Fund. Attachments: 9313000_CITY_OF_BOZEMAN_928 9313000_CITY_OF_BOZEMAN_938 9313000_CITY_OF_BOZEMAN_904 9313000_CITY_OF_BOZEMAN_EXHIBIT_MARKED MDT ADDENDUM A MDT NONDISCRIMINATION 2022 140 Report compiled on: January 15, 2025 141 Christopher Dorrington, Director 2701 Prospect ▪ PO Box 201001 Helena MT 59620-1001 Right of Way Bureau – Utility Section Phone: (406) 444–6080 Fax:(406) 444–6091 MDT-ROW-928 Rev. 06/24 An Equal Opportunity Employer Engineering Division TTY: (800) 335–7592 Web Page: www.mdt.mt.gov UTILITY AGREEMENT Designation:N 7th Ave Improv - Bozeman I/C Project ID: CMDP 118-1(11)10 Gallatin County Uniform Project No.: 9313000 This Agreement is entered into this date ______________________ between the State of Montana, acting through its Department of Transportation, hereinafter called the “STATE”, and the Bozeman, owner of the utility, hereinafter called the “OWNER”. WITNESSETH: WHEREAS the STATE proposes to construct a public highway to be known as CMDP 118-1(11)10 in Gallatin County, State of Montana, and designated as Highway Project N 7th Ave Improv - Bozeman, as shown on plans submitted to Owner, and WHEREAS, that public highway is to be constructed over and near the present highway right-of-way known as N 7th Ave Improv - Bozeman, where certain water and sanitary facilities under the jurisdiction of OWNER are in conflict with the construction of the public highway, as shown by “Exhibit A”, and WHEREAS STATE and OWNER agree that it is necessary and in the public interest of all parties that some of the existing facilities be adjusted, repaired, replaced, and relocated, and WHEREAS, STATE and OWNER agree that the construction of the public highway and all the work, including adjustment, replacement, repair, and relocation of certain existing facilities, be included in the contract entered into by STATE and a private contractor, and that the manner of performing the construction referred to in the Agreement is in the best interest of the STATE and OWNER. NOW THEREFORE, in consideration of the mutual obligations contained herein, STATE and OWNER agree that: 1.STATE will let a project for the construction of the public highway, including the work covered in this Agreement, as shown by “Exhibit A.” 2.Pursuant to the authority granted to OWNER by the laws of Montana, OWNER grants to STATE the authority to adjust, replace, repair, and relocate those facilities under the jurisdiction of OWNER which presently occupy part of the proposed right-of-way. 3.All construction performed pursuant to this Agreement shall be done in accordance with the then-current Standard Specifications for the Road and Bridge Construction, Montana Public Works Standard Specifications, and the 142 Christopher Dorrington, Director 2701 Prospect ▪ PO Box 201001 Helena MT 59620-1001 Right of Way Bureau – Utility Section Phone: (406) 444–6080 Fax:(406) 444–6091 MDT-ROW-928 Rev. 06/24 An Equal Opportunity Employer Engineering Division TTY: (800) 335–7592 Web Page: www.mdt.mt.gov Plans, Specifications and Special Provisions of the construction or improvements for the project prepared by OWNER, all of which are by this reference incorporated and made a part of this Agreement. 4.The adjustments to the facilities referred to in this Agreement cover only that segment of the water & sanitary sewer system of OWNER directly affected by the construction of the highway and STATE and OWNER will determine which adjustments to facilities of OWNER are necessary; and the STATE shall, in accordance with the plans, construct the most economical type of facilities in the new location that will meet the same service requirements of the old facilities in the old location. 5.The OWNER will inspect the installation of the new water line. The STATE’S contractor will chlorinate, and pressure test the new water line. The OWNER will pay the STATE for the actual cost of work accomplished on the OWNER’S line based on contract bid prices. An additional 8% will be applied to the billing of construction costs to cover the cost of Traffic Control and an additional 8% to cover the cost of Mobilization. Section 17-1-106. MCA requires any state agency, including the STATE, that receives non-general funds to identify and recover its indirect costs. These costs are in addition to direct project costs. STATE’S indirect cost rate is determined annually as a percentage of the project’s direct costs to cover the project’s share of STATE’S indirect costs as defined by 2 CFR Part 225 (formerly OMB Circular A-87). STATE’S current indirect cost rate is 11.32% for fiscal year 2025 (July 1, 2024 to June 30, 2025). For this project, STATE billings to the OWNER will include a charge for the indirect costs at the current fiscal year indirect cost rate, which amount will be applied toward the total project contribution of the OWNER. [Note: If this project extends across more than one fiscal year, more than one annual rate will be involved, as the rates may change during the life of the project.] 6.The total estimated cost of the adjustments currently is $25,758.69. Proportionate participation is STATE $ 19,319.02 (75%); and OWNER $ 6,439.67 (25 %), plus $ 515.17 (8%) charge for Traffic Control and $ 515.17 (8%) for Mobilization, and an additional $ 845.61 (11.32 %) charge for Indirect Cost (IDC). The total estimated cost to OWNER is $ 8,315.63. The total project costs are $ 27,634.64. Copies of cost estimate and plans indicating facility adjustments are hereby attached as “Exhibit A” and made a part of this Agreement. The STATE’S obligation under this Agreement shall be in accordance with all applicable State and Federal laws in existence on the date of execution of this Agreement. 7.By state statute, STATE will not reimburse OWNER for engineering costs for designing, location, staking, inspecting or any other incidental costs for engineering. 143 Christopher Dorrington, Director 2701 Prospect ▪ PO Box 201001 Helena MT 59620-1001 Right of Way Bureau – Utility Section Phone: (406) 444–6080 Fax:(406) 444–6091 MDT-ROW-928 Rev. 06/24 An Equal Opportunity Employer Engineering Division TTY: (800) 335–7592 Web Page: www.mdt.mt.gov 8.The adjustments agreed to in Item No. 6 above are based on the STATE paying 75% of relocation costs, excepting betterments, if any, where facilities occupy public road or street rights-of-way. The OWNER will be billed in advance for its portion of the estimated total costs of the project no more than sixty (60) days before bid opening. Although the anticipated expenses will have been discussed with OWNER representatives before that time, the STATE will provide a detailed breakdown of all estimated costs with the billing. The OWNER will submit payment to the STATE within thirty (30) days of billing. The STATE will not proceed further with the project’s development if payment is not made within (30) days of billing. If the federal government requires a reimbursement or return of any federal funds because a project doesn’t advance due to OWNER’S failure to make any scheduled payment, the OWNER agrees that it will reimburse the STATE for those federal funds within thirty (30) days of billing. If, after initial payment is made, bid opening or contract award by the STATE is delayed or postponed by 30 days or more, or canceled for any reason, the STATE agrees to immediately refund OWNER’S initial payment upon the OWNER’S request. If the OWNER’S share of the cost of the awarded project exceeds the amount paid by the OWNER, the OWNER will pay the excess. The contact for billing, accounting and change order questions for the OWNER shall be: City of Bozeman Attn: Chuck Winn 121 N Rouse Avenue PO Box 1230 Bozeman, MT 57771-1230 Within six (6) months after the project has finally been accepted with the final costs submitted, the STATE will submit a final statement to the OWNER. The final statement will provide details of any expenses that may be identified as “miscellaneous”. The final statement will include a refund of unspent portions of the OWNER’S initial payment, payable to the OWNER in an amount equaling the difference between that payment and the OWNER’S share of the final costs. If the final statement exceeds the OWNER’S payments thus far, the OWNER will remit to the STATE within thirty (30) days of the final statement the difference between OWNER’S share of final costs and OWNER’S earlier payment. If payment is not made within that thirty (30) day period, interest on the unpaid amount will accrue at the rate of 10% per year and continue to accrue until paid in full. If the OWNER is billed for additional funds, STATE will not participate in any future funding agreements with the OWNER until full payment, including interest, is received from the OWNER. 144 Christopher Dorrington, Director 2701 Prospect ▪ PO Box 201001 Helena MT 59620-1001 Right of Way Bureau – Utility Section Phone: (406) 444–6080 Fax:(406) 444–6091 MDT-ROW-928 Rev. 06/24 An Equal Opportunity Employer Engineering Division TTY: (800) 335–7592 Web Page: www.mdt.mt.gov Payments to this project will be coordinated through the STATE’S Administration Division (to be directed to MDT’s Accounts Receivable Collections Technician and Accounting Systems Operations Supervisor). Payments to this project will be provided to the above STATE staff in the form of a check to be credited to this project. 9.The award of the contract including the highway construction and OWNER water and sanitary sewer line relocation will be based on the successful bidder of the combined contract, as determined, and accepted by STATE. 10.OWNER agrees to cooperate fully with the STATE in all aspects of the work contemplated by this Agreement. 11.OWNER acknowledges that it has reviewed the plans for the proposed construction of the facilities covered by this Agreement. 12.STATE and OWNER agree that when the construction encompassed by this Agreement is completed and accepted by STATE and concurred in by OWNER all responsibility of STATE ceases. 13.Records of the OWNER pertaining to this project will be subject to inspection at any time by representatives of the STATE, including the legislative auditor and fiscal analyst, and the Federal Highway Administration. Project records must be retained for a period of not less than three years from the date of final payment. 14.Inspection for all phases of work on OWNER’S facility will be provided by OWNER. Contact, questions, or discussions about contractor work will be directed to the STATE’S Project Manager. No direct contact shall occur between the OWNER and Contractor. 15.This Agreement is subject to the terms and provisions of Title 23 Code of Federal Regulations, Part 645, Subpart A and B, and subsequent amendments, Title 48 Code of Federal Regulations in existence on the date of execution of this Agreement. The Code of Federal Regulations are hereby incorporated in and made part of this Agreement by reference to the extent that is applicable to this Agreement and not inconsistent therewith. 16.NONDISCRIMINATION If the OWNER enters into a contract or agreement with a contractor to perform any of the work which the OWNER is required to perform under the terms of this agreement, the OWNER, for itself, its assigns, and successors in interest, agrees that it will not discriminate in the choice of contractors and will include all the nondiscrimination provisions set forth in Exhibit “B” attached hereto and made a part hereof, in any such contract or agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. 145 Christopher Dorrington, Director 2701 Prospect ▪ PO Box 201001 Helena MT 59620-1001 Right of Way Bureau – Utility Section Phone: (406) 444–6080 Fax:(406) 444–6091 MDT-ROW-928 Rev. 06/24 An Equal Opportunity Employer Engineering Division TTY: (800) 335–7592 Web Page: www.mdt.mt.gov It is understood that the OWNER is responsible for obtaining any permits required for adjustment of its facility. City of Bozeman City Manager or Designee Date Signature Printed Name State of Montana Department of Transportation Manager – R/W Utilities Section Date Signature Printed Name Approved for Legal Content Date Signature Printed Name SG:rm 146 Christopher Dorrington, Director 2701 Prospect ▪ PO Box 201001 Helena MT 59620-1001 Right of Way Bureau – Utility Section Phone: (406) 444–6080 Fax:(406) 444–6091 MDT-ROW-938 Rev. 06/24 An Equal Opportunity Employer Engineering Division TTY: (800) 335–7592 Web Page: www.mdt.mt.gov November 26, 2024 City of Bozeman Chuck Winn 121 N Rouse Avenue PO Box 1230 Bozeman MT 59771-1230 Subject:CMDP 118-1(11)10 IC N 7th Ave Improv - Bozeman Control No.9313000 Letting Date:April 1, 2025 Attached are one original of our utility agreement covering the changes of your water & sanitary sewer facilities as required on subject project. Please review and complete your signature in the DocuSign process. A copy of the executed agreement will be sent to you once the DocuSign process has been completed. Steve Giard, Manager R/W - Utilities Section SG:rm Attachments Included is one original copy of our Utility Agreement, covering the relocation of your water & sanitary sewer facilities as required for the construction of the subject project. This letter is your authorization to proceed with the final engineering, order the necessary materials required and secure right-of-way for the relocation of your facilities on this Federal aid project, as covered by this agreement dated November 26, 2024. Please notify District Utility Agent Mike Drew at 406 494-9619 or Email him at mdrew@mt.gov, when final engineering has started. Mike Drew, or designee will authorize you when to proceed with the actual relocation of these facilities. Since this is a Federally funded project, all costs incurred and records must comply with Title 23 CFR, part 645 and Title 48 of the Federal Highway Administration's Code of Federal Regulations. This agreement is consummated, any further requests for adjustment or changes in the agreement should be made to the District Administrator. 147 Christopher Dorrington, Director 2701 Prospect ▪ PO Box 201001 Helena MT 59620-1001 Right of Way Bureau – Utility Section Phone: (406) 444–6080 Fax:(406) 444–6091 MDT-ROW-938 Rev. 06/24 An Equal Opportunity Employer Engineering Division TTY: (800) 335–7592 Web Page: www.mdt.mt.gov Compliance with the "Regulations Governing Occupancy of State Highway System Right of Way by Utility Facilities," regarding approval of common use agreements, occupancy agreements, and encroachment permits, must be obtained from the District before your construction work can begin. If you should have any questions, please call Ron Maynard at (406) 444 6077. Steve Giard, Manager R/W - Utilities Section SG:rm Attachments Copies Matt King – Utility Construction Supervisor – Utilities Section - Helena 148 MDT-ROW-904 11/20 Page 1 of 1 Montana Department of Transportation Summary of Costs Subject Item No.Quantities Unit Unit Cost Total Unit Cost 603014242 12 EA $872.70 $10,472.40 604000100 1 EA $1,443.25 $1,443.25 604000200 2 EA $5,421.52 $10,843.04 601012125 1 EA $3,000.00 $3,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $25,758.69 75% x $25,758.69 $19,319.02 $19,319.02 25% x $25,758.69 $6,439.67 8% x $6,439.67 $515.17 8% x $6,439.67 $515.17 $7,470.02 11.32% x $7,470.02 $845.61 $8,315.63 $27,634.64 Note: SG: dn N 7th Ave Improv-Bozeman Control No. 9313000 SUB-TOTAL TOTAL OWNER'S RESPONSIBILITY for City of Bozeman TOTAL MDT'S RESPONSIBILITY MDT COST SHARE TOTAL CMDP 118-1(4)0 PE EXHIBIT A Description Adjust Valve Box Adjust Manhole Reset Fire Hydrant Curb Stop Valve OWNER'S COST SHARE MOBILIZATION TRAFFIC CONTROL IDC PROJECT TOTAL 149 2 1 3 C:\DGN\9313000utttl001.dgn 4/10/2024 7:23:37 AM CPS - U3666 FLATHEAD GLACIER LAKESANDERS TOOLE PONDERA TETON LEWIS AND CLARK LIBERTYHILL CASCADE MEAGHER JUDITH BASINPOWELLMISSOULA GRANITE BROADWATERWHEATLAND FERGUS BLAINE GOLDENVALLEYPHILLIPS PETRO LEU M MUSSELSHELL VALLEY GARFIELD ROSEBUD DANIELS MC CONE PRAIRIE SHERIDAN ROOSEVELT RICHLAND DAWSON WIBAUXCUSTER FALLON CARTER POWDER RIVERBIG HORN YELLOWSTONE STILLW ATERCARBONPARK GALLATINJEFFERSON MA DISO N SILVERBOWRAVALLI BEAVERHEAD CHOUTEAU LINCOLN SWEET GRASSLODGEDEER TREASURE MI NE R AL DESIGNED BY REVIEWED BY CHECKED BY MONTANA DEPARTMENT OF TRANSPORTATION FOR UTILITY PIHMONTANA Department of Transportation PRESENT LETTING DESIGN A.D.T. = A.D.T. = A.D.T. = D.H.V. = TRUCKS = V. = 18 KIP ESAL'S = GROWTH RATE = N 7TH - RP 0+0.001 - 0+0.426 2023 2025 2045 14,030 14,310 17,470 1,800 5.7% 244 1.0% THIS CONTRACT BR 86 90LEA AVE.MANDEVILLE DR. MT. ASH AVE WINDSOR BAXTER L ANE7THPEACH WHEAT DR NI KLE S DRGILKERSON DRBLACKMORETERRACEPL AVE GRIFFIN Oil Refinery TAMARACK ASPEN STST Gallatin County Fair Grounds Dept. ofAVEAVEAVEAVEAVEAVEAVEASPEN ST COTTONWOOD ROUSEAVEBRYANT BOND GOLDPEAR ST. FRONT ST.AVEAVEAVEST ST IDACreekMAIN NNPLUMAVEST DAVIS ST ORANGE FRIDLEYBRADYN ST NNWALLACECHURCHPERKINS PLST AVEEMONTANABOZEMANSTBLACKTRACYST ST NNNNNNNNNSTNWILLSONSHORTCRAND3RD AVEBABCOCK ST BABCOCKEAVEAVEAVENMAIN5THAVEN 6TH AVEW 11TH10TH9THN 8TH AVENNNVILLARD BEALL LAMME W HEMLOCK ST W BIRCH ST JUNIPER STW TAMARACKW WN 19TH AVEROADDURSTON 15TH AVEN 16TH AVEN 17TH AVEN 18TH AVE20TH AVEBEALL ST NW NN 21ST AVEN 22ND AVEW 12 7 1 6 L PARK BEALL 90 BAXTER RD MENDENHALLP-86TransportationU-1207U-1204 U-1204 U-1206 P-50 P-86U-1209U-1208U-1207P-50 4TH AVE COURT TRAILER OAK ST ST I-90U-1207U-1202U-1201U-1201WAYCOMMERC EEVERGREE N DR N AVE STONERIDGEDR9TH AVE8TH AVEAVEN 5TH AVEOA K ST OAK S T 22nd #2NN U-1206 END U-1206 CHARLOTTE COURT TSCHACHE LN N 11TH AVEU-1204 BEGIN U-1204 END U-1202 END U-1202 BEGIN MENDENHALL U-1209 END U-1213 BEGIN U-1206 BEGIN U-1205 END U- 1208 U-1207 BEGIN U-1217 U-12 1 8 U-1218 BEGIN U-1218 END U-1217 BEGIN U-1217 END U-1208 C001207BEGIN C001207C001201 C001201C000086 R. 5 E. RP 0.01 TO 0.96T. 2 S.BOZEMAN STA. 50+00.00 BEG. CMDP 118-1(5)0 LI VI NGS TONBEL GR A D E R. 6 E.T. 1 S.STA. 100+12.34 END CMDP 118-1(5)0THIS PROJECT CMDP 118-1(4)0 PE F 222(15) M-STPU 1299(2) HES 50-2(12)89 S 179 1/25/2024 FHWA/MDT APPROVAL MAP REVISEDCONSTRUCTION LIMITS CUT SECTION TOE OF FILL TOP OF CUT PROPOSED RIGHT OF WAY LINE EXISTING RIGHT OF WAY LINE RAILROAD RIGHT OF WAY LINE CL SECTION LINE OWNERSHIP BOUNDARY PRESENT TRAVELED WAY (P.T.W.) GATE IN FENCE PROPOSED GUARDRAIL EXISTING GUARDRAIL FENCE LINE POWER POLE IN PLACE TELEPHONE POLE IN PLACE PROPOSED CULVERT OUTLET DITCH INLET DITCH EXISTING DITCH CHANNEL CHANGES BRIDGES RAILROADS PARCEL NUMBERS PROPERTY CORNER PIN UTILITY POLES IN POSSIBLE CONFLICT SECTION CORNER RIGHT OF WAY MONUMENT FOUND UNFOUND FULL ACCESS CONTROL LIMITED ACCESS CONTROL EXISTING ACCESS CONTROL PLAN LEGEND FOUND UNFOUND W/ ANCHOR LIGHT POLE - GUY POLE POWER TELPEDESTALS MANHOLES UNKNOWN ELEC STORM SAN TEL VALVES WATER GAS FIBER CABLE GAS POWER OVERHEAD UNDERGROUND UNDERGROUND OVERHEADTELEPHONE TELEVISION UNDERGROUND OVERHEAD EXISTINGWATERPROPOSED PROPOSED EXISTINGSANITARY SEWER FIRE HYDRANT UNDERGROUND UNDERGROUND APPROACH: EXIST.- PROPOSED CATTLE GUARD: EXIST.- PROPOSED EXISTING CULVERT WETLANDS NOT IMPACTED WETLANDS IMPACTED RELATED PROJECTS ASSOCIATED PROJECTS PP TP MHMHMHMHMH WV GV CH. CH. AC AC 2 SECTION CORNER4 1 CENTERLINE OR PROJECTED LINE GALLATIN COUNTY FEDERAL AID PROJECT CMDP 118-1( )0 N 7TH AVE INT IMPROV - BOZEMAN UTILITY PLAN OF LENGTH 1.0 MILE UTILITY PLANS UPN 9313000 150 1 2 3 PRELIMINARY FPR C:\DGN\9313000rdsum001.dgn 8/7/2024 1:31:31 PM CPS - U5198 DESIGNED BY REVIEWED BY CHECKED BY MONTANA Department of Transportation SUMMARY 4/2/2024 J. BERAN ROAD PLANS GALLATIN COUNTY N 7TH AVE INT IMPROV - BOZEMAN CMDP 118-1(5)0 UPN 9313000 12 151 1 2 3 DESIGNED BY REVIEWED BY CHECKED BY C:\DGN\9313000utpln001.dgn 4/10/2024 7:27:46 AM CPS - U3666 FOR UTILITY PIHMONTANA Department of Transportation 1611 2 3 4 5 6BEG. CMDP 118-1(4)055+0050+0070+0065+00 R. 5 E. T. 2 S.SEC. 12W PEACH STW MENDENHALL STUTILIY CROSSINGS NEXTCAR RESIDENCE PRIVATE CANNABIS CO. SILVERLEAF MUSIC ECKROTH GALLERY FURNITURE RIKKI'S MOTEL RSVP BUILDING RUE WIRELESS VERIZON R. 5 E. T. 2 S.SEC. 12DURSTON RDN 7TH AVE N 7TH AVE UTILIY CROSSINGS UTILIY CROSSINGS 70+84.73 - BOZEMAN FIBER & BLACKFOOT UG FIBER OPTIC LINE X-ING CL. DEPTH UNKNOWN 70+64.72 - NWE 2" STEEL GAS LINE X-ING CL. DEPTH UNKNOWN 70+55.21 - C.O.B. 12" VCP SANITARY SEWER LINE X-ING CL. DEPTH UNKNOWN 70+42.34 - C.O.B. 8" CI WATER LINE X-ING CL. DEPTH UNKNOWN 70+32.99 - UG POWER X-ING CL. DEPTH UNKNOWN 70+13.65 - C.O.B. WATER LINE X-ING CL. DEPTH UNKNOWN 70+40.71 - OH CHARTER CABLE TV LINE X-ING CL. ELEV. 4,830' 70+38.31 - OH NWE POWER LINE X-ING CL. ELEV. 4,819' 52+07.15 - C.O.B. UG POWER LINE X-ING CL. ELEV. UNKNOWN 51+79.63 - C.O.B. 6" CI WATER LINE X-ING CL. ELEV. UNKNOWN ADJUST WATER VALVE DO NOT DISTURB DO NOT DISTURB ADJUST FIBER PULL BOX 70+91.00 (71.80' LT.) - SIGNAL POLE 70+36.72 (76.37' LT.) - SIGNAL CONTROL BOX 70+33.16 (63.25' RT.) - SIGNAL POLE 70+31.29 (72.13' LT.) - POWER POLE 70+29.77 (71.27' LT.) - PEDESTAL 70+16.39 (49.28' LT.) - POWER POLE 70+14.12 (50.25' RT.) - FIRE HYDRANT 52+05.74 (58.04' LT.) - 52+05.78 (44.89' LT.) - RETAINING WALL 52+14.81 (33.56' RT.) - SIGNAL POLE 52+03.14 (47.48' LT.) - SIGNAL CONTROL BOX 52+04.59 (41.93' RT.) - SIGNAL POLE 51+99.54 (58.36' RT.) - FIRE HYDRANT 51+98.15 (58.09' RT.) - WATER VALVE 51+49.21 (43.91' LT.) - SIGNAL POLE 51+27.45 (37.21' RT.) - 51+45.33 (62.81' RT.) - RETAINING WALL 70+41.81 (44.92' LT.) 70+31.50 (64.73' LT.) 70+29.17 (45.80' LT.) 70+26.41 (48.64' LT.) 70+14.07 (49.00' RT.) 70+35.83 (67.15' RT.)WV PB PB WVWVMHVFHSCPE DX GMCS CSPBPB PB PB WM WV WVWVMHPP PBPBWV PB PBPBPBPBVMHVVDIPB PB PBPBPBFHFHSD TP TPSC CS CSCS CSDI SD CS PB PBPBPBPBPBPB PB PB PB PB PB PB PBPP WV WV WV WVMH WVWVWV PB PB UTILITY PLANS GALLATIN COUNTY N 7TH AVE INT IMPROV - BOZEMAN CMDP 118-1( )0 UPN 9313000 8 7 SHEET U31 OF 35 152 1 2 3 C:\DGN\9313000utpln001.dgn 4/10/2024 7:27:50 AM CPS - U3666 DESIGNED BY REVIEWED BY CHECKED BY FOR UTILITY PIHMONTANA Department of Transportation 161END CMDP 118-1(4)080+0085+0095+00100+00 R. 5 E. T. 2 S. SEC. 1R. 5 E. T. 2 S. SEC. 1W TAMARACK STW OAK STUTILIY CROSSINGS UTILIY CROSSINGS U-HAUL AUTO CARE COMPLETE FIRESTONE COFFEE CITY BREW INN BOZEMAN BAR-B-QUE FAMOUS DAVE'S ALLEY LUBE CAR WASH SCRUBBY'S N 7TH AVE N 7TH AVE UTILIY CROSSINGS UTILIY CROSSINGS 82+05.54 - UG POWER LINE X-ING CL. DEPTH UNKNOWN 81+92.77 - C.O.B. 2" DI WATER LINE X-ING CL. DEPTH UNKNOWN 81+79.82 - C.O.B. 6" CI WATER LINE X-ING CL. DEPTH UNKNOWN 81+65.27 - C.O.B. 8" CI WATER LINE X-ING CL. DEPTH UNKNOWN 81+36.89 - C.O.B. UG POWER X-ING CL. DEPTH UNKNOWN 81+13.61 - C.O.B. 8" CI WATER LINE X-ING CL. DEPTH UNKNOWN 97+98.88 - C.O.B. 14" DI WATER LINE X-ING CL. DEPTH UNKNOWN 97+60.20 - C.O.B. 15" PVC SANITARY SEWER X-ING CL. DEPTH UNKNOWN 97+29.38 - NWE 12" GAS LINE X-ING CL. DEPTH UNKNOWN 97+13.29 - BOZEMAN UG FIBER OPTIC LINE X-ING CL. DEPTH UNKNOWN 97+07.59 - C.O.B. UG POWER LINE X-ING CL. DEPTH UNKNOWN 96+94.49 - CENTURY LINK UG FIBER OPTIC LINE X-ING CL. DEPTH UNKNOWN 96+92.06 - C.O.B. 18" CMP STORM DRAIN X-ING CL. DEPTH UNKNOWN 81+48.90 - NWE OH POWER LINE X-ING CL. ELEV. 4,814' 97+12.33 - CHARTER OH CABLE TV LINE X-ING CL. ELEV. 4,790' 97+10.30 - NWE OH POWER LINE X-ING CL. ELEV. 4,802' 97+08.00 - CHARTER OH FIBER OPTIC LINE X-ING CL. ELEV. UNKNOWN DO NOT DISTURB ADJUST WATER VALVE DO NOT DISTURB NEW CONCRETE DI APRON & MODIFY DROP INLET 98+33.80 (50.45' RT.) - SIGNAL POLE 98+30.20 (69.21' LT.) - SIGNAL POLE 98+24.38 (97.66' LT.) - 98+51.57 (65.25' LT.) - RETAINING WALL 97+36.62 (79.61' LT.) - GAS VALVE 97+06.49 (62.25' LT.) - 97+19.54 (72.72' LT.) - LANDSCAPING 97+04.65 (53.31' LT.) - SIGNAL POLE 96+96.25 (55.52' LT.) - SIGNAL CONTROL BOX 82+13.63 (50.66' RT.) - SIGNAL POLE 82+12.72 (50.70' LT.) - SIGNAL POLE 82+02.59 (74.30' RT.) - 82+20.23 (56.22' RT.) - RETAINING WALL 81+47.99 (50.94' LT.) - SIGNAL CONTROL BOX 81+32.66 (63.43' RT.) - FIRE HYDRANT 81+24.51 (50.68' LT.) - SIGNAL POLE 98+28.88 (58.39' LT.) 96+91.86 (48.54' RT.) 81+91.90 (60.31' RT.)VVFH GMSCCS PE DXFH FHCS CS CS MHPB PB PBPBPB PPWV WV WVWV WV WV WV PB WV VPBU DI DI DI SC SC SCWH WHTP PB PB PBPBPPWV PBGV WVWVWV WV WVWV WV PP DI DI DI SC SC SCWH WHTP PB PB PBPBPPWV PBGV WVWVWV WV WVWV WV PP UTILITY PLANS GALLATIN COUNTY N 7TH AVE INT IMPROV - BOZEMAN CMDP 118-1( )0 UPN 9313000 9 10 1211 13 15 16 14 SHEET U32 OF 35 153 1 2 3 C:\DGN\9313000utpln002.dgn 4/10/2024 7:28:02 AM CPS - U3666 DESIGNED BY REVIEWED BY CHECKED BY FOR UTILITY PIHMONTANA Department of Transportation PI 204+95.35POB 200+00.00200+00PI 201+86.91POE 207+74.22205+00DURSTON RD W PEACH ST LT. 71.270070+29.77 N 7TH AVEW PEACH ST WIRELESS VERIZON MOTEL RSVP UTILIY CROSSINGS RESIDENCE PRIVATE ARTISANS NEW AGE ICECREAM GENUINE EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W R. 5 E. T. 2 S. SEC. 1 & 12 STA. 204+36.97 BEGIN WIDTH TAPER END 10' SIDEWALK STA. 204+86.97 BEGIN 5' WIDTH END SIDEWALK TAPER 206+38.85 BEGIN BOULEVARD TAPER 206+96.00 CONTINUE 3' WIDTH END BOULEVARD TAPER UTILIY CROSSINGS N 6TH AVEN 5TH AVE206+48.56 - OH CABLE TV LINE X-ING CL. ELEV. 4,807' 206+48.30 - OH CABLE TV LINE X-ING CL. ELEV. UNKNOWN 204+70.17 - CHARTER OH POWER LINE X-ING CL. ELEV. UNKNOWN 204+67.63 - OH POWER LINE X-ING CL. ELEV. UNKNOWN 203+62.39 - OH POWER LINE X-ING CL. ELEV. UNKNOWN 202+68.44 - OH TELEPHONE LINE X-ING CL. ELEV. 4,826' 202+67.87 - OH POWER LINE X-ING CL. ELEV. 4,815' 202+67.74 - OH POWER LINE X-ING CL. ELEV. 4,815' 206+47.08 - C.O.B. UG WATER LINE DEPTH UNKNOWN 206+45.65 - C.O.B. UG WATER LINE DEPTH UNKNOWN 205+29.10 - BOZEMAN UG FIBER OPTIC LINE X-ING CL. DEPTH UNKNOWN 204+85.79 - C.O.B. 8" DI WATER LINE X-ING CL. LINE DEPTH UNKNOWN 204+17.42 - NWE 2" STEEL GAS LINE X-ING CL. DEPTH UNKNOWN 202+54.05 - BOZEMAN FIBER & BLACKFOOT UG FIBER OPTIC LINE X-ING CL. DEPTH UNKNOWN 202+46.20 - UG POWER LINE X-ING CL. DEPTH UNKNOWN 202+23.06 - CENTURY LINK UG TELEPHONE LINE X-ING CL. DEPTH UNKNOWN 202+21.52 - CENTURY LINK REPORTEDLY ABANDONED UG TELEPHONE LINE X-ING CL. DEPTH UNKNOWN 202+21.17 - CENTURY LINK REPORTEDLY ABANDONED UG TELEPHONE LINE X-ING CL. DEPTH UNKNOWN 202+18.15 - C.O.B. 8" CI WATER LINE X-ING CL. DEPTH UNKNOWN REMOVE TREE DO NOT DISTURB ADJUST WATER VALVE ADJUST GAS VALVE 203+72.67 (31.81' LT.)206+47.38 (17.30' LT.) 206+46.95 (6.44' LT.) 206+18.14 (7.84' LT.) 204+16.96 (28.48' LT.) 204+13.99 (11.01' LT.) 207+56.47 (31.84' LT.) NEW GRATE 205+16 (28' LT.) 204+53 (28' LT.) 203+49 (29' LT.) 203+14 (28' LT.) 202+81 (29' LT.) 205+02.84 (8.60' RT.) - STORM DRAIN MANHOLE 204+03.97 (39.41' LT.) - POWER BOX 203+53.66 (47.87' LT.) - POWER PEDESTAL EX. EASE. EX. EASE. EX. EASE. EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W EX. R/W 161 6 5 7 8 18 19 20 WVPBPB PBPBPB V MH V VDI FH PB PB PB PP WV WV PB PB PP PP DIDI DI TP TP IC IC TC TC FH FH TP TP SC CS DI DI DI DI SD SD SD FH FH CS CS CS PB PB PB PP PP PP PP PP PP PB PB PB PB PB PB PB PB PB PB PB PB PB PB PB PP WV WV WV WV WV WV WV MH WV WV WV WV MH WV WV WVPB WV WV WV GV UTILITY PLANS GALLATIN COUNTY N 7TH AVE INT IMPROV - BOZEMAN CMDP 118-1( )0 UPN 9313000203+7331.3' LT204+1411.0' LT204+1728.0' LT204+5434.9' LT204+6827.2' LT204+7019.9' LT204+7019.0' LT205+00206+187.3' LT206+476.0' LT206+4716.8' LTTV 17 SHEET U33 OF 35 154 1 2 3 C:\DGN\9313000utpln003.dgn 4/10/2024 7:28:15 AM CPS - U3666 DESIGNED BY REVIEWED BY CHECKED BY FOR UTILITY PIHMONTANA Department of Transportation POB 300+00.00300+00315+00 W OAK ST UTILIY CROSSINGS 306+49.88 - OH POWER LINE CL ELEV. 4,797' 306+49.53 - OH POWER LINE CL ELEV. 4,787' R. 5 E. T. 2 S. SEC. 1 PB MH PB MH 15 13 UTILITY PLANS GALLATIN COUNTY N 7TH AVE INT IMPROV - BOZEMAN CMDP 118-1( )0 UPN 9313000 SHEET U34 OF 35 155 1 2 3 C:\DGN\9313000utpln003.dgn 4/10/2024 7:28:18 AM CPS - U3666 DESIGNED BY CHECKED BY REVIEWED BY FOR UTILITY PIHMONTANA Department of Transportation PI =310+75.56 R =2,458' T =136.37' L =272.47' E =3.78' PI =310+75.56 R =2,458' T =136.37' L =272.47' E =3.78'PI 307+72.26PC 309+39.18310+00PT 312+11.65END CMDP 118-1(4)0DI DI R. 5 E. T. 2 S. SEC. 1 W OAK ST N 7TH AVEBAR-B-QUE FAMOUS DAVE'S LUBE ALLEY COMFORT INN CAR WASH SCRUBBY'S INN BOZEMAN UTILIY CROSSINGS UTILIY CROSSINGS STA. 312+35.57 CONTINUE 5.5' WIDTH END BOULEVARD TAPER STA. 311+86.98 BEGIN BOULEVARD TAPER 312+92.67 - CHARTER OH FIBER OPTIC LINE ELEV. UNKNOWN 312+89.52 - NWE OH POWER LINE ELEV. UNKNOWN 312+86.26 - CHARTER OH CABLE TV LINE ELEV. UNKNOWN 310+04.82 - OH CABLE TV LINE ELEV. UNKNOWN 310+01.76 - NWE OH POWER LINE ELEV. UNKNOWN 306+49.88 - NWE OH POWER LINE ELEV. 4,787' 310+99.59 - CENTURY LINK UG FIBER OPTIC LINE X'ING CL. DEPTH UNKNOWN 310+09.17 - C.O.B. UG WATER LINE X'ING CL. DEPTH UNKNOWN 310+03.49 - CENTURY LINK UG TELEPHONE LINE X'ING CL. DEPTH UNKNOWN 309+93.00 - NWE UG GAS LINE X'ING CL. DEPTH UNKNOWN 309+70.21 - C.O.B. UG WATER LINE X'ING CL. DEPTH UNKNOWN 308+54.41 - UG TRAFFIC LOOP X'ING CL. DEPTH UNKNOWN 308+48.65 - UG TRAFFIC LOOP X'ING CL. DEPTH UNKNOWN 308+39.38 - UG TRAFFIC LOOP X'ING CL. DEPTH UNKNOWN 308+36.01 - C.O.B. UG POWER LINE X'ING CL. DEPTH UNKNOWN 308+35.67 - C.O.B. UG POWER LINE X'ING CL. DEPTH UNKNOWN 308+10.97 - CENTURY LINK (3) ABANDONED UG TELEPHONE LINE X-ING CL. DEPTH UNKNOWN 307+43.94 - C.O.B. 8" DI WATER LINE X'ING CL. DEPTH UNKNOWN 307+26.62 - NWE 4" STEEL GAS LINE X'ING CL. DEPTH UNKNOWN 307+20.75 - C.O.B. 18" RCP STORM DRAIN X'ING CL. DEPTH UNKNOWN 307+07.80 - C.O.B. UG POWER LINE X'ING CL. DEPTH UNKNOWN 307+07.43 - C.O.B. UG POWER LINE X'ING CL. DEPTH UNKNOWN 307+06.95 - UG TRAFFIC LOOP X'ING CL. DEPTH UNKNOWN 307+00.99 - UG TRAFFIC LOOP X'ING CL. DEPTH UNKNOWN 306+98.79 - MONTANA OPTICOM (2) 144 STRAND UG FIBER LINE X'ING CL. DEPTH UNKNOWN 306+90.51 - UG TRAFFIC LOOP X'ING CL. DEPTH UNKNOWN 306+88.98 - NWE 12" STEEL GAS LINE X'ING CL. DEPTH UNKNOWN ADJUST WATER VALVE 310+08.46 (22.99' LT.) 310+05.58 (20.12' LT.) DO NOT DISTURB REMOVE TREE 313+37.36 (31.99' LT.)313+03.67 (35.54' LT.) - TELEPHONE PEDESTAL 310+23.41 (4.76' RT.) - SANITARY SEWER MANHOLE 309+92.11 (38.47' LT.) - POWER PEDESTAL 309+87.71 (40.08' LT.) - POWER POLE 308+86.92 (9.62' LT.) - POWER POLE TP PBWVV PBU DI DI DI DI SD SD TP TP TPSC SC SC WH WH WH TP SD CS MH MH PB PB PB PB PB PP WVWV WV WV PB WV WV GV MH MH MHWV WV WV WV WV WV MH PP DI DI DI DI SD SD TP TP TPSC SC SC WH WH WH TP SD CS MH MH PB PB PB PB PB PP WVWV WV WV PB WV WV GV MH MH MHWV WV WV WV WV WV MH PP 161 15 16 21 22 14 UTILITY PLANS GALLATIN COUNTY N 7TH AVE INT IMPROV - BOZEMAN CMDP 118-1( )0 UPN 9313000310+0620.1' LT310+0823.0' LT313+0631.4' LT13 15 14 SHEET U35 OF 35 156 Page 1 of 1 ADDENDUM "A" BACKFILLING OF EXCAVATED AREAS BENEATH ROADWAY SECTION Utility construction, which lies beneath the construction limits of the roadway, which requires backfilling of excavated areas, shall be subject to inspection by engineers of the State and shall meet the following specifications. The State's inspector shall designate on the ground the specific area where these requirements shall apply. BACKFILLING All backfilling shall meet the following requirements except when other methods are specified for certain types of installations. Backfill material shall not contain sticks, sod, frozen soil or other unacceptable matter. Backfill material shall be placed in layers of six-inch loose thickness or less. All backfill material shall be compacted. MOISTURE AND DENSITY REQUIREMENTS Each layer of material shall be compacted, with the proper use of water, until the in-place density of the material being compacted is not less than 95 percent of the maximum density established for the material being compacted or the material source or both. Water required shall be sufficient to obtain optimum moisture content plus or minus two percentage points, as determined by Montana Test Methods, unless modified by the engineer for conditions applicable to the character of the material being tested. Material tests used to establish the maximum density values will be performed in accordance with Montana Test Method MT-210, or AASHTO-T-99. In-place density and moisture testing will be performed in accordance with applicable Montana Test Methods MT-212, MT-215, & MT-218. The percent compaction will be determined after making proper adjustments, when necessary, for oversize material. Each layer of roadbed material that cannot be properly tested by Montana Test Methods, MT-212, MT-215, & MT- 218, shall be compacted with compaction equipment in addition to compaction by hauling and spreading equipment. Compaction equipment for rocky material that cannot be tested shall normally be grid rollers, pneumatic-tired rollers, vibrating rollers, vibrating compactors, or self-propelled tamping rollers. Sheepsfoot rollers shall not be used unless specifically directed. Water shall be used where directed. Costs to achieve the above requirements are included in the estimate of this agreement and also will be included in bids for work pertaining to this agreement. It is recognized that until actual construction takes place it will be impossible to determine those areas that will require work above and beyond that which could have been expected to achieve the above requirements. If such areas of extra work are determined during the actual construction, an "Order for Additional Work and/or Cost Increase" will be prepared by the State for Payment of the additional work so construction of the utility can take place accordingly. BUY AMERICA and BUILD AMERICA, BUY AMERICA (BABA) Products permanently incorporated into the work are subject to the Federal Buy America requirements as set forth in CFR 635.410. Buy America requirements apply to all steel or iron materials for permanent incorporation in the work. The steel or iron material must have all manufacturing process occur in the United States. “Manufacturing” includes all processes that affect the size, shape, and finish of the steel (coating, forming, plating, galvanizing, etc.). Products permanently incorporated into the work are subject to the Federal Build America, Buy America requirements as set forth in Build America, Buy America Act Pub. L. No. 117-58 § 70901-52. BABA requires the head of each covered Federal agency shall ensure that “none of the funds made available for a federal financial assistance program for infrastructure… may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.” (Build America, Buy America (BABA) Act, P.L. 117-58, Secs 70911 - 70917). Due to the Manufactured Products General Waiver, manufactured products permanently incorporated into FHWA-funded projects do not need to be produced domestically, apart from predominantly iron or steel manufactured products and predominantly iron or steel components of manufactured products. Buy America and Build America, Buy America Certification must be provided to the State prior to commencement of work. 157 158 159 160 161 Memorandum REPORT TO:City Commission FROM:Shawn Kohtz, Utilities Director SUBJECT:Authorize the City Manager to Execute an Agreement with the Montana Department of Transportation (MDT) for Utilities Relocates Associated with MDT Work on North 7th Avenue MEETING DATE:January 28, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to execute the attached agreement with the Montana Department of Transportation (MDT) for utilities relocates associated with MDT work on North 7th Avenue. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:Montana Department of Transportation allocated federal aid funds to perform asphalt improvements to N. 7th, and this project is a distinct project from the intersection improvements on N. 7th. Pursuant to MDT’s attached contract and to mobilize the federal funds allocated by MDT to the project, MDT requires the City to pay 25% of the costs of relocating elements of sewer and water utilities to accommodate the work if the work exceeds $25,000. The utility relocates work associated with this project is not expected to exceed $25,000. However, MDT requires an agreement to mobilize the federal funds stating the City will cover 25% of the cost of utility relocates if the utility relocates ultimately cost more than $25,000, in which case MDT will pay a 75% share of the utility relocate costs. The project will require adjustment of 9 water valve boxes and 2 manhole rims in the water and sewer pipe systems. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The anticipated fiscal effect to the City is $0 unless bids are approximately 100% higher than anticipated, in which case the cost to the city would be approximately $9,000 primarily from the water fund and partially from the sewer fund. Attachments: 9477000_CITY_OF_BOZEMAN_938 162 9477000_CITY_OF_BOZEMAN_904 9477000_EXHIBIT_MARKED MDT ADDENDUM A MDT NONDISCRIMINATION 2022 Report compiled on: January 16, 2025 163 Christopher Dorrington, Director 2701 Prospect ▪ PO Box 201001 Helena MT 59620-1001 Right of Way Bureau – Utility Section Phone: (406) 444–6080 Fax:(406) 444–6091 MDT-ROW-938 Rev. 06/24 An Equal Opportunity Employer Engineering Division TTY: (800) 335–7592 Web Page: www.mdt.mt.gov January 10, 2025 City of Bozeman Chuck Winn 121 N Rouse Avenue PO Box 1230 Bozeman MT 59771-1230 Subject:NH 118-1(7)0 CN N 7th Avenue - Bozeman Control No.9477000 Letting Date:April 1, 2025 Attached are one original of our utility agreement covering the changes of your water facilities as required on subject project. Please review and complete your signature in the DocuSign process. A copy of the executed agreement will be sent to you once the DocuSign process has been completed. Steve Giard, Manager R/W - Utilities Section SG:rm Attachments Included is one original copy of our Utility Agreement, covering the relocation of your water facilities as required for the construction of the subject project. This letter is your authorization to proceed with the final engineering, order the necessary materials required and secure right-of-way for the relocation of your facilities on this Federal aid project, as covered by this agreement dated January 10, 2025. Please notify District Utility Agent Mike Drew at 406 494-9619 or Email him at mdrew@mt.gov, when final engineering has started. Mike Drew, or designee will authorize you when to proceed with the actual relocation of these facilities. Since this is a Federally funded project, all costs incurred and records must comply with Title 23 CFR, part 645 and Title 48 of the Federal Highway Administration's Code of Federal Regulations. This agreement is consummated, any further requests for adjustment or changes in the agreement should be made to the District Administrator. 164 Christopher Dorrington, Director 2701 Prospect ▪ PO Box 201001 Helena MT 59620-1001 Right of Way Bureau – Utility Section Phone: (406) 444–6080 Fax:(406) 444–6091 MDT-ROW-938 Rev. 06/24 An Equal Opportunity Employer Engineering Division TTY: (800) 335–7592 Web Page: www.mdt.mt.gov Compliance with the "Regulations Governing Occupancy of State Highway System Right of Way by Utility Facilities," regarding approval of common use agreements, occupancy agreements, and encroachment permits, must be obtained from the District before your construction work can begin. If you should have any questions, please call Ron Maynard at (406) 444 6077. Steve Giard, Manager R/W - Utilities Section SG:rm Attachments Copies Matt King – Utility Construction Supervisor – Utilities Section - Helena 165 MDT-ROW-904 11/20 Page 1 of 1 Montana Department of Transportation Summary of Costs Subject Item No.Quantities Description Unit Unit Cost Total Unit Cost 603014242 9 AdjustValve Box Each $839.89 $7,559.01 604000100 2 Adjust Manhole Each $1,980.26 $3,960.52 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $11,519.53 Note: SG: dn for City of Bozeman 100% State Cost Share N 7th Avenue - Bozeman Total NH 118-1(7)0 Control No. 9477000 166 SHEET NO.PROJECT ID COUNTY UPN PROJECT NAME MONTANA Department of Transportation DESIGNED BY REVIEWED BY CHECKED BY TITLE PRELIMINARY FPR 01N 7TH AVENUE - BOZEMAN GALLATIN NH 118-1(7)0 9477000 ROAD PLANS 12/16/2024 9:30 AM 9477000RDTTL001.DWG MSU DESIGN 10/2024 J. FLEMING 11/2024 MM/YYYYFIRST INITIAL LAST NAME FLATHEADGLACIERLAKESANDERSTOOLEPONDERATETONLEWISANDCLARKLIBERTYHILLCASCADEMEAGHERJUDITHBASINPOWELLMISSOULAGRANITEBROADWATERWHEATLANDFERGUSBLAINEGOLDENVALLEYPHILLIPSPETROLEUMMUSSELSHELLVALLEYGARFIELDROSEBUDDANIELSMC CONEPRAIRIESHERIDANROOSEVELTRICHLANDDAWSONWIBAUXCUSTERFALLONCARTERPOWDERRIVERBIG HORNYELLOWSTONESTILLWATERCARBONPARKGALLATINJEFFERSONMADISONSILVERBOWRAVALLIBEAVERHEAD CHOUTEAULINCOLNSWEET GRASSLODGEDEER TREASUREMINERALPRESENTLETTINGDESIGNA.D.T. =A.D.T. =A.D.T. =D.H.V. =TRUCKS =V. =18 KIP ESAL'S =GROWTH RATE =PROJECT DESIGN DATA20242025204418,05018,97023,1502,3405.6%N/A1941.0%RP 0.0 TO RP 1.4THIS CONTRACTSTA. 0+00.00 ON HES 50-2(12)89 STA. 48+34.00 BEGIN NH 118-1(7)0 STA. 119+68.87 END NH 118-1(7)0 STA. 104+56.96 ON CMDP-TA-STPP 118-1(3)1 RELATED PROJECTSCMDP 118-1(5)0N 7TH AVE INT IMPROV -BOZEMANTHIS PROJECTP.E.ASSOCIATED PROJECTAGREEMENT NUMBERSI.C.R/WNH 118-1(6)0MONTANA DEPARTMENT OF TRANSPORTATIONMICROSURFACING, SEAL & COVERN 7TH AVENUE - BOZEMANGALLATIN COUNTYFEDERAL AID PROJECT NH 118-1(7)0LENGTH 1.4 MILESSURFACING SOURCES -CONTRACTOR FURNISHED167 SUMMARYSHEET NO.PROJECT ID COUNTY UPN PROJECT NAME MONTANA Department of Transportation DESIGNED BY REVIEWED BY CHECKED BY SUMMARIES PRELIMINARY FPR 12N 7TH AVENUE - BOZEMAN GALLATIN NH 118-1(7)0 9477000 ROAD PLANS 12/16/2024 9:22 AM 9477000RDSUM001.DWG MSU DESIGN 10/2024 J. FLEMING 11/2024 MM/YYYYFIRST INITIAL LAST NAME 168 © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS 48+0450+00BOA 48+04.02PI 50+00.00 PI 51+75.30 FHSCPEDXGMGMCSCSCSCSWWWWWWWWWWWWWPBPBPBPBPBPBPBPBPPPPPPWMMHWVWVWVMHPPPBPBPBPBGASGASGASGASGASGASGASGASFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELWWWWWWWWWWSANSANSANSANSANPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHSTA:51+72.36OFF:1.12'RTEX. M.H. - SANITARYADJUSTN 7TH AVEW MENDENHALL ST W MAIN STSTA:50+49.94BEGIN MILL/OVERLAYSTA:53+04.93END MILL/OVERLAY© 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS 70+00 PI 70+60.34FHFHSDTP TPSCCSCSCSCSCSCSDISDSTMSTMSTMSTMSTMWWWWWWWWWWWWWW CSWWTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELWWWWWWWWPBPBPBPBPBPBPBPBPBPBPBPBPBPBPBPPWVWVWVWVWVMHWVWVWVMHPBPBPBGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELWWWWWWWWWWWWWWWWWWWWWWWWWWWWWSTMSTMSTMSTMSTMSTMSTMSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANSANPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHSTA:70+55.21OFF:7.18'LTEX. M.H. - SANITARYADJUSTSTA:70+31.74OFF:21.90'LTEX. VALVE BOX - WATERADJUSTSTA:70+42.01OFF:19.07'LTEX. VALVE BOX - WATERADJUSTSTA:70+90.35OFF:25.92'LTEX. VALVE BOX - WATERADJUSTN 7TH AVEW PEACH ST DURSTON RDSTA:68+39.46BEGIN MILL/OVERLAYSTA:72+59.90END MILL/OVERLAYSHEET NO.PROJECT ID COUNTY UPN PROJECT NAME MONTANA Department of Transportation DESIGNED BY REVIEWED BY CHECKED BY MILLING LIMITS DETAIL (NO SCALE) PRELIMINARY FPR 13N 7TH AVENUE - BOZEMAN GALLATIN NH 118-1(7)0 9477000 ROAD PLANS 12/16/2024 9:31 AM 9477000RDDET002.DWG MSU DESIGN 10/2024 J. FLEMING 11/2024 MM/YYYYFIRST INITIAL LAST NAME MILLING LIMITSN 7TH AVE & W MENDENHALL STMILLING LIMITSN 7TH AVE & W PEACH ST169 © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS 80+00 PI 81+69.94 ICICFHGMDIDISCCSPEDXTEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELTELFH FHCSCSWCSTELTELTEL WWWWW W W W W WWWWWWMHPBPBPBPBPBPPWVWVWVWVWVWVWVWVGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHSTA:81+66.34OFF:26.36'LTEX. VALVE BOX - WATERADJUSTSTA:81+81.65OFF:23.46'LTEX. VALVE BOX - WATERADJUSTSTA:82+00.24OFF:28.09'LTEX. VALVE BOX - WATERADJUSTN 7TH AVEW TAMARACK ST W JUNIPER STSTA:80+10.72BEGIN MILL/OVERLAYSTA:84+00.11END MILL/OVERLAYPI 97+65.65DI DIDISCSCSCWHWHTELTELTELTELTELTELTELTELTELTELTELTPSTMSTMSTMSTMSTMWWPBPBPBPPWVGVWVWVWVWVWVWVPPGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOFOWWWWWWWWWWWWWWWWWSANSANSANSANSANSANSANSANSANSANPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHPWR-OHTVTVTVTVTVSTMSTMSTMSTA:96+98.67OFF:27.66'LTEX. VALVE BOX - WATERADJUSTSTA:97+28.70OFF:27.76'LTEX. VALVE BOX - WATERADJUSTSTA:97+95.82OFF:29.45'LTEX. VALVE BOX - WATERADJUSTN 7TH AVEW OAK ST W BIRCH STSTA:93+76.85BEGIN MILL/OVERLAYSHEET NO.PROJECT ID COUNTY UPN PROJECT NAME MONTANA Department of Transportation DESIGNED BY REVIEWED BY CHECKED BY MILLING LIMITS DETAIL (NO SCALE) PRELIMINARY FPR 14N 7TH AVENUE - BOZEMAN GALLATIN NH 118-1(7)0 9477000 ROAD PLANS 12/16/2024 9:31 AM 9477000RDDET002.DWG MSU DESIGN 10/2024 J. FLEMING 11/2024 MM/YYYYFIRST INITIAL LAST NAME MILLING LIMITSN 7TH AVE & W TAMARACK STMILLING LIMITSN 7TH AVE & W OAK ST(CONTINUES ON NEXT SHEET)170 100+00PI 100+12.34 PI 102+48.81SD SCSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMSTMPBPBPBWVGASGASGASGASGASGASGASGASFOFOFOFOFOFOFOFOFOFOFOFOFOFOPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRPWRWWWWWWWWN 7TH AVEBAXT ER LNSTA:101+43.28END MILL/OVERLAYSHEET NO.PROJECT ID COUNTY UPN PROJECT NAME MONTANA Department of Transportation DESIGNED BY REVIEWED BY CHECKED BY MILLING LIMITS DETAIL (NO SCALE) PRELIMINARY FPR 15N 7TH AVENUE - BOZEMAN GALLATIN NH 118-1(7)0 9477000 ROAD PLANS 12/16/2024 9:31 AM 9477000RDDET002.DWG MSU DESIGN 10/2024 J. FLEMING 11/2024 MM/YYYYFIRST INITIAL LAST NAME MILLING LIMITSN 7TH AVE & W OAK ST(CONTINUED)171 PAVEMENT REMOVAL TYPICAL SECTION(STA. 104+63 RT. TO 105+83 RT.)(STA. 104+63 LT. TO 105+03 LT.)12.0'TACKPAVEMENTREMOVAL0.65' PLANT MIX(ADD. SURF. FOR PAVEMENT REMOVAL AREA)EX.MEDIANSAWCUT & REMOVE EXISTING PLANT MIX.LEVEL & COMPACT EXISTING C.A.C.12.0'TACKPAVEMENTREMOVAL0.65' PLANT MIX(ADD. SURF. FOR PAVEMENT REMOVAL AREA)STA. 104+63STA. 105+83106+00APPROX. SAWCUT & FULL-DEPTHPAVEMENT REMOVAL AREA (FINAL LIMITS DETERMINED INFIELD BY PROJECT MANAGER)N. 7TH AVENUE - S.B.N. 7TH AVENUE - N.B.104+00 EX. O.H. SIGN STRUCTURE105+00 STA. 105+03STA. 104+63SHEET NO.PROJECT ID COUNTY UPN PROJECT NAME MONTANA Department of Transportation DESIGNED BY REVIEWED BY CHECKED BY PAVEMENT REMOVAL DETAIL (NO SCALE) PRELIMINARY FPR 16N 7TH AVENUE - BOZEMAN GALLATIN NH 118-1(7)0 9477000 ROAD PLANS 12/16/2024 9:23 AM 9477000RDDET001.DWG MSU DESIGN 10/2024 J. FLEMING 11/2024 MM/YYYYFIRST INITIAL LAST NAME QUANTITIESUNITAGGREGATEUNITBITUMINOUS MATERIALPLANT MIXASPHALTCEMENTEMULSIFIEDASPHALT TACK *SQ. YDS.213SQ. YDS.639CU. YDS.46.2TONS4.8TONS89GALS.32* BASED ON 3 APPLICATIONSDETAILNO SCALE172 Page 1 of 1 ADDENDUM "A" BACKFILLING OF EXCAVATED AREAS BENEATH ROADWAY SECTION Utility construction, which lies beneath the construction limits of the roadway, which requires backfilling of excavated areas, shall be subject to inspection by engineers of the State and shall meet the following specifications. The State's inspector shall designate on the ground the specific area where these requirements shall apply. BACKFILLING All backfilling shall meet the following requirements except when other methods are specified for certain types of installations. Backfill material shall not contain sticks, sod, frozen soil or other unacceptable matter. Backfill material shall be placed in layers of six-inch loose thickness or less. All backfill material shall be compacted. MOISTURE AND DENSITY REQUIREMENTS Each layer of material shall be compacted, with the proper use of water, until the in-place density of the material being compacted is not less than 95 percent of the maximum density established for the material being compacted or the material source or both. Water required shall be sufficient to obtain optimum moisture content plus or minus two percentage points, as determined by Montana Test Methods, unless modified by the engineer for conditions applicable to the character of the material being tested. Material tests used to establish the maximum density values will be performed in accordance with Montana Test Method MT-210, or AASHTO-T-99. In-place density and moisture testing will be performed in accordance with applicable Montana Test Methods MT-212, MT-215, & MT-218. The percent compaction will be determined after making proper adjustments, when necessary, for oversize material. Each layer of roadbed material that cannot be properly tested by Montana Test Methods, MT-212, MT-215, & MT- 218, shall be compacted with compaction equipment in addition to compaction by hauling and spreading equipment. Compaction equipment for rocky material that cannot be tested shall normally be grid rollers, pneumatic-tired rollers, vibrating rollers, vibrating compactors, or self-propelled tamping rollers. Sheepsfoot rollers shall not be used unless specifically directed. Water shall be used where directed. Costs to achieve the above requirements are included in the estimate of this agreement and also will be included in bids for work pertaining to this agreement. It is recognized that until actual construction takes place it will be impossible to determine those areas that will require work above and beyond that which could have been expected to achieve the above requirements. If such areas of extra work are determined during the actual construction, an "Order for Additional Work and/or Cost Increase" will be prepared by the State for Payment of the additional work so construction of the utility can take place accordingly. BUY AMERICA and BUILD AMERICA, BUY AMERICA (BABA) Products permanently incorporated into the work are subject to the Federal Buy America requirements as set forth in CFR 635.410. Buy America requirements apply to all steel or iron materials for permanent incorporation in the work. The steel or iron material must have all manufacturing process occur in the United States. “Manufacturing” includes all processes that affect the size, shape, and finish of the steel (coating, forming, plating, galvanizing, etc.). Products permanently incorporated into the work are subject to the Federal Build America, Buy America requirements as set forth in Build America, Buy America Act Pub. L. No. 117-58 § 70901-52. BABA requires the head of each covered Federal agency shall ensure that “none of the funds made available for a federal financial assistance program for infrastructure… may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.” (Build America, Buy America (BABA) Act, P.L. 117-58, Secs 70911 - 70917). Due to the Manufactured Products General Waiver, manufactured products permanently incorporated into FHWA-funded projects do not need to be produced domestically, apart from predominantly iron or steel manufactured products and predominantly iron or steel components of manufactured products. Buy America and Build America, Buy America Certification must be provided to the State prior to commencement of work. 173 174 175 176 177 Memorandum REPORT TO:City Commission FROM:Shawn Kohtz, Utilities Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Advanced Engineering and Environmental Services, LLC (AE2S) for Integrated Water Resource Plan Phase 1 Services MEETING DATE:January 28, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the attached Professional Services Agreement with Advanced Engineering and Environmental Services, LLC (AE2S) for Integrated Water Resource Plan Phase 1 Services. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:In 2013, Bozeman City Commission adopted the Integrated Water Resources Plan (IWRP), which identifies water supply and use policies and practices for future consideration. Since then, City departments have been working towards implementing many of the plan's recommendations, all while Bozeman has grown and changed. It is important to continue to have an accurate and clear plan for future City water supply; community growth and change, progress implementing supply alternatives in the 2013 IWRP, and demand reduction achieved through effective water conservation programming have resulted in a need to update the IWRP. Bozeman continues to be a popular destination with a high demand for housing, and as the City builds housing and develops, one of the common things staff has heard is the desire to ensure there is enough water for everyone. Water remains a priority for many residents, and many are aware that we have a high-quality but limited supply available in the Gallatin Valley. As we engage the community and talk about the plan moving forward, careful communication is needed to avoid any misunderstandings, educate on where we are at, and talk openly about growth, our water supply, and the pros and cons of longer-term strategies. The City has already hired Raftelis, a communications consultant with extensive experience communicating water supply concepts, to develop and implement communications regarding the IWRP. This consultant contract with AE2S reflects work to hire a technical 178 consultant with extensive experience planning and designing water supply infrastructure to support technical analyses necessary to the IWRP community outreach process led by Raftelis. The Phase 1 technical services under this contract are specific to supporting community outreach work. Phase 2 technical services work, not included with this initial scope and fee, will be prepared upon completion of the Phase 1 work and brought to City Commission for subsequent approval upon completion of outreach work. Phase 2 work will take the input received from outreach to further develop technical analyses for concept alternatives, prepare life cycle cost analyses and projects ranking analyses, and prepare an updated IWRP for review and adoption. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The anticipated fiscal effect to the City for Phase 1 services is $98,743 from the Water Fund. Attachments: 2501163 IWRP PSA-clean.docx Exhibit A and B _ P05097-2024-004 Report compiled on: January 15, 2025 179 1 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,(ENGINEER). Whereas the accomplishment of the work and services described in this Agreement and corresponding exhibits 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.ENGINEER will provide services set forth in Exhibit A -Scope and Fee Description (“Engineering Services”), which is hereby incorporated in and made a part of this Agreement. 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 Nate Weisenburger, PE. 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 Zach Magdol, 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. 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 180 2 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 Shawn Kohtz, 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 shall attend the job related meetings requested by the ENGINEER. ARTICLE 4 - BASIC ENGINEERING SERVICES The ENGINEER shall render professional Engineering Services as follows: 4.1 PRE-DESIGN INVESTIGATION PHASE After written authorization to proceed, ENGINEER shall: 4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data. 4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or services and assist OWNER in obtaining such data or services. 4.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 4.1.4.Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 4.1.5.Provide a general economic analysis of OWNER's requirements applicable to various alternatives. 4.1.6 Assist in formation of Special Improvement Districts (SID) by preparing district boundary descriptions and maps, preparing a property owner's and assessments role lists including project assessment costs based on the preliminary project cost estimates, and providing technical information at SID public hearings, if applicable. 4.1.7.Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGINEER's findings and recommendations. This Report will be accompanied by ENGINEER's opinion of probable costs for the Project, including the following which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies, and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for Owner. The total of all such costs, allowance, etc. are hereinafter called "Total Project Costs". 4.1.8.Furnish an electronic copy of the Study and Report documents and review them in person with OWNER. The Pre-design Investigation Phase will be completed and submitted within 365 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.2 ENGINEER shall furnish OWNER with an electronic copy of the Report in searchable PDF format. 181 3 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. ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE 6.1 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 of this Agreement pay time-and-materials not-to-exceed as identified in Exhibit A. 6.1.2 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. 6.1.3 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of this Agreement are reimbursable. ARTICLE 7 - PAYMENT PROVISIONS 7.1 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. 7.2 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. 182 4 7.3 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 8 - GENERAL CONSIDERATIONS 8.1 TERMINATION OF AGREEMENT 8.1.1 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. 8.1.2 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. 8.1.3 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. 8.1.4 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. 8.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to complete the work under this Agreement. 8.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law. 8.2 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. 8.3 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 183 5 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. 8.4 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. 8.5 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. 8.6 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. 8.7 LEGAL RELATIONS: 8.7.1 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. 8.7.2 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 184 6 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. 8.7.3 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. 8.7.4 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. 8.7.5 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. 8.7.6 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. 8.8 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 185 7 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 8.9 ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data furnished by him. 8.10 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. 8.11 PUBLIC INFORMATION 186 8 The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of the OWNER. 8.12 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. 8.13 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. 8.14 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. 8.15 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. 8.16 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. 8.17 ENTIRE AGREEMENT This Agreement, together with any other documents incorporated herein by reference and all related Exhibits constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of this Agreement, the related Exhibits, and any other documents incorporated herein by reference, the following order of precedence governs: 1) this Agreement, excluding its Exhibits; 2) the Exhibits to this Agreement as of the Effective Date; and 3) any other documents incorporated herein by reference. 8.18 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. 187 9 CITY OF BOZEMAN, MONTANA ENGINEER BY: BY: (City Manager)(Operations Manager) DATE: DATE: ATTEST: BY: (City Clerk) 188 Exhibit A to Professional Services Agreement Bozeman Integrated Water Resources Plan Phase 1 – Technical Advisory Committee Coordination Scope and Fee Description December 5, 2024 The objective of this project is to develop an updated Integrated Water Resources Plan (IWRP) that provides alternatives to improve Bozeman’s water supply resiliency. The ultimate deliverable for this project will include an updated IWRP summarizing the 50-year planning horizon and recommended improvements, policies, and/or programs to enhance the water supply portfolio. This project will be divided into two phases with Phase 1 including support for the Technical Advisory Committee and communications team. Phase 2 will provide more technical analysis on alternatives including benefits and cost and ranking analyses. Phasing this project allows the City flexibility in defining future scope/tasks which are dependent on the outcome of Phase 1 as well as related but separate planning efforts. Phase 1: Technical Advisory Committee Coordination Task 1: Communication Team Integration and Project Management Deliverable: Executive summary and presentation summarizing the progress made since the 2013 IWRP Scope: On going coordination with City’s, Project Manager, Communication Team, and communication consultant (Raftelis) Participate in Raftelis’ kickoff workshop (total of 9 hours). Coordinate with Raftelis to define roles and responsibilities throughout the project. Assist Raftelis and City with developing list of Technical Advisory Committee (TAC) candidates Assist Raftelis with developing FAQ’s and effective key messages Assist Raftelis with developing public survey Prepare an executive summary and presentation to summarize the work that has been completed on water supply planning by the City since the 2013 IWRP. Stakeholder Subcommittee Meetings (5 meetings) Assumptions: N/A 189 Exhibit A – Scope and Fee Description Bozeman Integrated Water Resources Plan Phase 1 – Technical Advisory Committee Coordination Page 2 of 5 Task 2: Technical Advisory Committee Workshops Deliverable: Meeting agendas and presentations for 3 workshops as described in scope Basis of Planning executive summary Scope: Assist with facilitating 3 Technical Advisory Committee meetings 1) Current Conditions Workshop (“Where We’re At?” summary of progress made since 2013 IWRP) 2) Basis of Planning Workshop (“Where We’re Going” summary of primary basis of planning assumptions that need to be made, e.g., 50-year planning projection scenarios) 3) Alternatives Brainstorming Workshop (“How We Get There” workshop alternatives, revisit previous alternatives and focus on developing new ones) Ongoing TAC coordination Basis of Planning Executive Summary which will include a chart showing range of long-term water supply planning estimates with low growth, medium growth, and high growth scenarios Open House participation Assumptions: Assume 3 of the 9 TAC meetings, as scoped by Raftelis, will occur prior to the beginning of Phase 2 Assume Workshops will be in-person. Assume an allowance of 16 hours for ongoing TAC coordination and participation in TAC meetings not identified in scope Assistant Project Manager will attend all open houses, Project Manager will attend a selected two open houses – assumes open houses are in-person Task 3: State Agency Engagement Deliverable: Policy statements of key issues that require discussions and determinations based on the outcome of the Brainstorming Workshop. Summaries of discussions conducted with State Agencies. Scope: Meet with City staff to develop talking points and policy/legislation needs to be presented to DEQ/DNRC Meet with DEQ and DNRC leadership in Helena with City representatives to discuss legislation needs Assumptions: Assume two meetings with DEQ and DNRC leadership in Helena. 190 Exhibit A – Scope and Fee Description Bozeman Integrated Water Resources Plan Phase 1 – Technical Advisory Committee Coordination Page 3 of 5 Task 4: Unanticipated Work / Contingency Due to the evolving nature of this work and the potential for meetings/workshops beyond those identified in the scope above, a budget of $8,000 will be allocated for unanticipated work that may arise during the course of this project. This budget will not be used without written authorization from City. Anticipated Phase 2 – Integrated Water Resources Plan Phase 2 may include: Task 1: Concept Alternatives Development Compile list of all alternatives to be considered to improve water supply resiliency. Categories for alternatives may include existing source optimization, water rights and policy, new supply source Present to TAC and conduct initial screening Task 2: Alternatives Benefits and Life Cycle Cost Quantify benefits (acre feet) achieved from the selected alternatives over the 50-year planning horizon Develop Class 5 cost estimates for each alternative Task 3: Alternative Ranking Analysis In collaboration with TAC, develop alternative ranking criteria which may include cost, yield, environmental impacts, climate resiliency, community impact, feasibility Task 4: Graphical Executive Summary / Report Format TBD Task 5: Stakeholder Engagement / Public Outreach TBD Project Schedule: Phase 1 anticipated January 2025 – September 2025. Phase 2 anticipated September 2025 – June 2026. Fee Schedule: Task Hours1 Fee Task 1: Communication Team Integration and Project Management 150 $36,585 Task 2: Technical Advisory Committee Workshops 151 $35,716 Task 3: State Agency Engagement 75 $17,942 Task 4: Unanticipated Work/Contingency N/A $8,000 191 Exhibit A – Scope and Fee Description Bozeman Integrated Water Resources Plan Phase 1 – Technical Advisory Committee Coordination Page 4 of 5 Expenses: Transportation & Misc. Supplies Allowance $500 Total 376 $98,743 1 Estimated hours includes subconsultant (Jacobs and WGM) time 192 Exhibit B – Hourly Rates Bozeman Integrated Water Resources Plan Phase 1 – Technical Advisory Committee Coordination Exhibit B to Professional Services Agreement Bozeman Integrated Water Resources Plan Phase 1 – Technical Advisory Committee Coordination Hourly Rates December 5, 2024 Team Member, Labor Category Hourly Rate (2025 Rates subject to change in January) Nate Weisenberger, Project Manager 6 $300.00 Scott Buecker, Project Manager 5 $274.00 Zach Magdol, Engineer 4 $237.00 Aidan Scheffel, Engineer 2 $175.00 193 Memorandum REPORT TO:City Commission FROM:Shane Miller - Facilities Project Coordinator David Arnado - Facilities Superintendent Jon Henderson - Strategic Services Director SUBJECT:Authorize City Manager to Sign Professional Services Agreements for Facilities Contractors Term Contracts MEETING DATE:January 28, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Professional Services Agreements for Facilities Contractors Term Contracts STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Facilities Dept. regularly uses general contractors and specialty trades contractors for projects related to facilities management and maintenance. To attract a wider pool of contractors the Facilities Dept. published an RFQ for contractors of all trades on October 21st, 2023, with the intention of placing qualified respondents on a preferred contractor list and establishing agreements to provide contractor services at pre-negotiated rates. This will help minimize procurement delays in responding to future facilities projects as they arise. When responding to emergency maintenance needs, procurement delays can significantly increase building downtime resulting in impacts to the public and staff. Maintaining term contracts with general and specialty trade contractors positions the City to be able to adequately respond to facilities needs while also building stronger contractor relationships. The contractors listed below responded to the Request for Qualifications and were evaluated by the review committee to be qualified to provide the services detailed in their statements of qualifications and their proposals. Term Contract proposals were extended to all responding contractors who were evaluated as 'qualified' by the review committee. Contracts included in this item: Golden Eagle Construction, LONG Building Technologies, Plan One, Langlas & Associates, Tate Management, Moore Technology, Sanbell, Greater Gallatin Contractors, inContour, Metal Works Montana aka Missoula Sheet Metal & Roofing, Parker Environmental, Greenspace Landscaping, Blanton Contracting, Pioneer Technical Services, Slate Electrical, K2 Ventures, Alpine Precision Striping, UNRESOLVED ISSUES:None at this time. 194 ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:Services provided under these term contracts will be provided at the pre- negotiated rates as stated in the Scope of Services for each contract. Services are to be provided on an 'as-needed' basis and individual project expenses are to be project specific with projects initiated via task order. Total contracted project costs are to be $79,999 or less per the City of Bozeman Purchasing Policy. Attachments: Blanton Contracting PSA (Professional Service Agreement) Contract 2025.01.01.pdf Golden Eagle Construction PSA (Professional Service Agreement) Contract 2025.01.01.pdf Greater Gallatin Contractors, Inc. PSA Contract 2025.01.01.pdf Greenspace Landscaping PSA (Professional Service Agreement) Contract 2025.01.01.pdf inContour PSA (Professional Service Agreement) Contract 2025.01.01.pdf Langlas & Associates PSA (Professional Service Agreement) Contract 2025.01.01.pdf LONG Building Technologies PSA (Professional Service Agreement) Contract 2025.01.01.pdf Metalworks of Montana, Inc. PSA Contract 2025.01.01.pdf Moore Technology, LLC PSA (Professional Service Agreement) Contract 2025.01.01.pdf Parker Environmental, Inc. PSA (Professional Service Agreement) Contract 2025.01.01.pdf Pioneer Technical Services PSA (Professional Service Agreement) Contract 2025.01.01.pdf Plan One Architects PSA (Professional Service Agreement) Contract 2025.01.01.pdf Sanbell PSA (Professional Service Agreement) Contract 2025.01.01.pdf Slate Electrical PSA (Professional Service Agreement) Contract 2025.01.01.pdf Tate Management PSA (Professional Service Agreement) Contract 2025.01.01.pdf K2 Ventures PSA (Professional Service Agreement) Contract 2025.01.01.pdf Alpine Precision Striping PSA (Professional Service Agreement) Contract 2025.01.01.pdf Report compiled on: January 15, 2025 195 Professional Services Agreement for [Blanton Contracting] Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“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, _Blanton Contracting, LLC_, _PO Box 1015; Belgrade, MT 59714_, 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 _1st day of February, 2030, 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. Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Contractor’s performance. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 196 Professional Services Agreement for [Blanton Contracting] Page 2 of 11 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. 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. 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 197 Professional Services Agreement for [Blanton Contracting] Page 3 of 11 damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] 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 198 Professional Services Agreement for [Blanton Contracting] Page 4 of 11 insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: 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. 199 Professional Services Agreement for [Blanton Contracting] Page 5 of 11 b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 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. 200 Professional Services Agreement for [Blanton Contracting] Page 6 of 11 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 _Shane Miller, Project Coordinator_ or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _Vince Blanton, Owner_ 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 201 Professional Services Agreement for [Blanton Contracting] Page 7 of 11 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. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by the City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will 202 Professional Services Agreement for [Blanton Contracting] Page 8 of 11 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. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the 203 Professional Services Agreement for [Blanton Contracting] Page 9 of 11 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. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 204 Professional Services Agreement for [Blanton Contracting] Page 10 of 11 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 32. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __________________________. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 205 Professional Services Agreement for [Blanton Contracting] Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA _Blanton Contracting, LLC_ CONTRACTOR By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 206 Blanton Contracting 406-570-9534 PO Box 1015 Belgrade, MT 59714 www.BUILDWITHBLANTON.com EMPOWERING CONSTRUCTION EXCELLENCE RE: REQUEST FOR QUALIFICATIONS (RFQ) CONTRACTORS – ALL TRADES AND SERVICES – FACILITIES PROJECTS CITY OF BOZEMAN RATE SHEET  Project Executive = $125 / HR (fully burdened)  Project Manager = $105 / HR (fully burdened)  Asst Project Manager = $95 / HR (fully burdened)  Superintendent = $105 / HR (fully burdened)  Asst Superintendent = $95 / HR (fully burdened)  Project Engineer = $95 / HR (fully burdened)  Total Sum Overhead 10% - Profit 10%  Materials = Actual Cost 207 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 has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 208 Version 5 18 23 Professional Services Agreement for [Golden Eagle Construction] Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“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, _Golden Eagle Construction_, _505 Shephard Way; Helena, MT 59601_, 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 _1st_ day of _February_, 2030_, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, 209 Version 5 18 23 Professional Services Agreement for [Golden Eagle Construction] Page 2 of 11 Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. 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 210 Version 5 18 23 Professional Services Agreement for [Golden Eagle Construction] Page 3 of 11 Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 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 211 Version 5 18 23 Professional Services Agreement for [Golden Eagle Construction] Page 4 of 11 jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] 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 212 Version 5 18 23 Professional Services Agreement for [Golden Eagle Construction] Page 5 of 11 must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: 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. 213 Version 5 18 23 Professional Services Agreement for [Golden Eagle Construction] Page 6 of 11 b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 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 _Shane Miller, Project Coordinator_ or such other individual as City shall 214 Version 5 18 23 Professional Services Agreement for [Golden Eagle Construction] Page 7 of 11 designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _Adam Senechal, President_ 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. 215 Version 5 18 23 Professional Services Agreement for [Golden Eagle Construction] Page 8 of 11 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. 216 Version 5 18 23 Professional Services Agreement for [Golden Eagle Construction] Page 9 of 11 The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 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: 217 Version 5 18 23 Professional Services Agreement for [Golden Eagle Construction] Page 10 of 11 a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the 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 218 Version 5 18 23 Professional Services Agreement for [Golden Eagle Construction] Page 11 of 11 date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __5 years__. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ___Golden Eagle Construction_______ CONTRACTOR By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 219 Page 6 of 7 FIRM WORKLOAD Provide the status of current and anticipated work within the firm in terms of time and magnitude for the anticipated Project schedule. As it relates to the availability of key personnel and your firm. Describe the firm’s capability to meet time and project budget requirements. The following are 2025 contracted projects for the Bozeman office: - Punch list and warranty completion of the One & Only Branded Residence Phase 1A (6 homes). Remaining contract = $2 million. - It is our intent to be awarded two more commercial projects next year. Rates to be established in the contract are as follows: Project Management - $95/hr Superintendent - $85/hr Project Engineer - $85/hr Materials - Cost Total Sum Overhead & Profit - 15% GEC is able to engage quickly and help complete any facility projects. We will be pragmatic and let you know of any possible conflicts with other projects so that expectations can be aligned before we begin. With experience in Bozeman, and a strong estimating team, we are able to provide accurate budgets to facilitate contracting. CLAIMS At any time in the last ten (10) years has your firm been assessed and paid liquidated damages after completion of a project under contract with a public owner? At GEC, we are very proud of our record of delivering projects on schedule and not being assessed any liquidated damages. 220 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 has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 221 Version 5 18 23 Professional Services Agreement for [Greater Gallatin Contractors, Inc.] Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“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, _Greater Gallatin Contractors, Inc._, _PO Box 4036; Bozeman, MT 59772_, 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 _1st day of February, 2030, 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. Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Contractor’s performance. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will 222 Version 5 18 23 Professional Services Agreement for [Greater Gallatin Contractors, Inc.] Page 2 of 11 become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. 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. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services 223 Version 5 18 23 Professional Services Agreement for [Greater Gallatin Contractors, Inc.] Page 3 of 11 rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] 224 Version 5 18 23 Professional Services Agreement for [Greater Gallatin Contractors, Inc.] Page 4 of 11 own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: 225 Version 5 18 23 Professional Services Agreement for [Greater Gallatin Contractors, Inc.] Page 5 of 11 a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled 226 Version 5 18 23 Professional Services Agreement for [Greater Gallatin Contractors, Inc.] Page 6 of 11 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 _Shane Miller, Project Coordinator_ or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the 227 Version 5 18 23 Professional Services Agreement for [Greater Gallatin Contractors, Inc.] Page 7 of 11 purpose of this Agreement shall be _Stephen Olsen, Senior Project Manager_ 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. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by the City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success 228 Version 5 18 23 Professional Services Agreement for [Greater Gallatin Contractors, Inc.] Page 8 of 11 Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish 229 Version 5 18 23 Professional Services Agreement for [Greater Gallatin Contractors, Inc.] Page 9 of 11 such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: 230 Version 5 18 23 Professional Services Agreement for [Greater Gallatin Contractors, Inc.] Page 10 of 11 a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other 231 Version 5 18 23 Professional Services Agreement for [Greater Gallatin Contractors, Inc.] Page 11 of 11 than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 32. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __________________________. **** 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 _Greater Gallatin Contractors, Inc._ CONTRACTOR By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 232 Greater Gallatin Contractors, Inc. www.greatergallatin.com office@greatergallatin.com Our Mission is to exceed expectations in the landscaping and irrigation industry using knowledgeable team members and safety awareness, with a focus on environmentally friendly techniques. Through our company wide business ethics; we develop relationships with our clients, vendors and the community. To: City of Bozeman RFQ – All Trades and Services – Facilities Projects PO Box 1230 Bozeman, MT 59771-1230 January 14, 2025, Rate Sheet Greater Gallatin Landscape Contractors performs varied scopes of work and services within the Landscaping Industry. Most projects would require a bid; however, a list of hourly rates is included for miscellaneous tasks. The following hourly rates include all necessary labor, insurance, overhead and profit. The cost of materials used in a “Time and Material” basis shall include 15% overhead and 15% profit. Landscape Maintenance Description Per Hour Notes Turf Maintenance Mow Irrigated turf areas, trim edges, and blow off hard surfaces $65.00 2 Hr. Min Bed Maintenance Hand pulling weeds, pruning, planting, and/or mulch refreshing $65.00 Native Grass Mowing Native grasses that are unirrigated $130.00 2 Hr. Min Turf Aeration Core aeration $75.00 2 Hr. Min Spring/Fall Cleanup Clean all beds and turf of leaves and debris, lightly prune as needed $65.00 2 Hr. Min Pet Waste Stations Waste disposal and bags included $75.00 Snow Removal Description Per Hour Notes Snow Shoveling and Salting Labor, salt on request $95.00 Salt Extra Snow Plowing Truck mounted plow, inquire about other plows $105.00 Snow Removal Load and haul material off site $110.00 2 Hr. Min Sand/Salt Parking lot $85 per hour and $110 per load of 90/10 mix sand/salt $85.00 Sand Extra Landscaping Description Per Hour Notes *Please inquire about a project specific bid. Mark Haarer, Principal Owner Greater Gallatin Contractors, Inc. 212 Discovery Dr. Suite A I Bozeman, MT 59718 PO Box 4036 I Bozeman, MT 59772 www.greatergallatin.com 233 234 Professional Services Agreement for [Greenspace Landscaping] Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“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, _Artaxerxes Capital, LLC dba Greenspace Landscaping_, _3850 Blondie Ct; Bozeman, MT 59718_, 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 _1st day of February, 2030, 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. Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Contractor’s performance. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 235 Professional Services Agreement for [Greenspace Landscaping] Page 2 of 11 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. 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. 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 236 Professional Services Agreement for [Greenspace Landscaping] Page 3 of 11 damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] 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 237 Professional Services Agreement for [Greenspace Landscaping] Page 4 of 11 insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: 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. 238 Professional Services Agreement for [Greenspace Landscaping] Page 5 of 11 b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 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. 239 Professional Services Agreement for [Greenspace Landscaping] Page 6 of 11 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 _Shane Miller, Project Coordinator_ or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _Arian Kambakhsh, Owner_ 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 240 Professional Services Agreement for [Greenspace Landscaping] Page 7 of 11 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. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by the City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will 241 Professional Services Agreement for [Greenspace Landscaping] Page 8 of 11 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. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the 242 Professional Services Agreement for [Greenspace Landscaping] Page 9 of 11 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. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 243 Professional Services Agreement for [Greenspace Landscaping] Page 10 of 11 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 32. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __________________________. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 244 Professional Services Agreement for [Greenspace Landscaping] Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA _Greenspace Landscaping_ CONTRACTOR By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 245 GREENSPACE LABOR AND SERVICE PRICES 2025 Per Hr/Per Person DESIGN Consulation $150 Design $150 LABOR Landscape - Foreman $100 Landscape - Crew $80 Garden - Foreman $70 Garden - Crew $60 Lawn Mow $110 Leaf Cleanups $80 Brushcutter (2 hr minimum) $200 Aeration (1 hr minimum) $190 BOBCAT Bobcat on site $250/day Landscape Daily Price - 1 Foreman, 1 Crew = $1900 Landscape Daily Price - 1 Foreman, 2 Crew = $2700 246 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 has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 247 Version 5 18 23 Professional Services Agreement for [inContour Landscape Architecture] Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“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, _inContour Landscape Architecture_, _614 S Ferguson Ave Ste 3; Bozeman, MT 59718_, 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 _1st_ day of _February_, 2030, 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. Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Contractor’s performance. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will 248 Version 5 18 23 Professional Services Agreement for [inContour Landscape Architecture] Page 2 of 11 become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. 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. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services 249 Version 5 18 23 Professional Services Agreement for [inContour Landscape Architecture] Page 3 of 11 rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] 250 Version 5 18 23 Professional Services Agreement for [inContour Landscape Architecture] Page 4 of 11 own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: 251 Version 5 18 23 Professional Services Agreement for [inContour Landscape Architecture] Page 5 of 11 a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled 252 Version 5 18 23 Professional Services Agreement for [inContour Landscape Architecture] Page 6 of 11 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 _Shane Miller, Project Coordinator_ or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the 253 Version 5 18 23 Professional Services Agreement for [inContour Landscape Architecture] Page 7 of 11 purpose of this Agreement shall be _Lessa Millard, Principal Landscape Architect_ 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. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by the City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success 254 Version 5 18 23 Professional Services Agreement for [inContour Landscape Architecture] Page 8 of 11 Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish 255 Version 5 18 23 Professional Services Agreement for [inContour Landscape Architecture] Page 9 of 11 such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: 256 Version 5 18 23 Professional Services Agreement for [inContour Landscape Architecture] Page 10 of 11 a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other 257 Version 5 18 23 Professional Services Agreement for [inContour Landscape Architecture] Page 11 of 11 than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 32. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __________________________. **** 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 _inContour Landscape Architecture_ CONTRACTOR By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 258 Terms and Conditions (effective Jan 1, 2024) 1. Standard of Care: Our Landscape Architectural Services will be performed in accordance with generally accepted standards of professional care.pe. 2. Ownership of Documents: All deliverables provided to the Client by the Landscape Architect, including plans, drawings, specifications, and other materials, remain the intellectual property of the Landscape Architect. Upon full payment, the Client is granted a non-exclusive license to use these materials solely for the project's construction and use. Unauthorized modifications or use of these materials may result in indemnification responsibilities for the Client. 3. Additional Services: Services beyond the basic Scope of Services, when requested by the Client, will require additional compensation. 4. Approval and Changes to Services: The Landscape Architect will proceed with each phase after the Client's written approval of the prior phase's deliverables and authorization to continue. Changes initiated by the Client may result in additional service charges. 5. Opinions of Probable Costs: These are estimates provided for budget planning and do not guarantee actual construction costs. No fixed construction cost limit is established unless agreed upon in writing by both parties. 6. Payments: inContour, PLLC will invoice monthly, with payment due upon receipt and considered past due after 21 days. Work may be halted, and documents withheld for past due accounts. Interest will be charged on overdue invoices at 18% per annum. Non-payment may result in a mechanics lien on the property. 7. Professional Hourly Rates: Rates for various staff members and expenses are subject to annual adjustments on January 1st. The current rates are valid for 30 days from the proposal date, with the right to renegotiate upon scope changes or project delays in excess of 60 days. Principal $165.00 Project Manager/Lead $125.00 Landscape Architect $110.00 Landscape Designer $90.00 Landscape Intern $70.00 Clerical Staff $70.00 8. Reimbursable Expenses: These will be billed monthly at actual cost plus 10% and include various operational expenses. These include but are not limited: printing, soil testing, airfare, hotel, rental car, and mileage. 9. Indemnification: Both parties waive claims against each other for indirect or consequential damages related to this Agreement. 10. Collection: The Client agrees to cover all collection costs, including attorney fees. The prevailing party in any legal action is entitled to recover legal costs. 11. Claims: The Client cannot deduct amounts for claims against inContour, PLLC services from payments, unless legally adjudicated. 12. Suspension/Termination: Either party may terminate this agreement with immediate effect upon written notice. Payment for services rendered and expenses incurred up to termination is expected. inContour, PLLC reserves the right to suspend services or terminate the agreement for non-payment or project inaction. 259 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 has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 260 Version 5 18 23 Professional Services Agreement for [Langlas & Associates] Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“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, _Langlas & Associates_, 2685 Gabel Road; Billings, MT 59102_, 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 _1st day of February, 2030_, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, 261 Version 5 18 23 Professional Services Agreement for [Langlas & Associates] Page 2 of 11 Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. 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 262 Version 5 18 23 Professional Services Agreement for [Langlas & Associates] Page 3 of 11 Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 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 263 Version 5 18 23 Professional Services Agreement for [Langlas & Associates] Page 4 of 11 jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] 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 264 Version 5 18 23 Professional Services Agreement for [Langlas & Associates] Page 5 of 11 must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: 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. 265 Version 5 18 23 Professional Services Agreement for [Langlas & Associates] Page 6 of 11 b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 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 _Shane Miller, Project Coordinator_ or such other individual as City shall 266 Version 5 18 23 Professional Services Agreement for [Langlas & Associates] Page 7 of 11 designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _Roger Davis, President-Central District_ 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. 267 Version 5 18 23 Professional Services Agreement for [Langlas & Associates] Page 8 of 11 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. 268 Version 5 18 23 Professional Services Agreement for [Langlas & Associates] Page 9 of 11 The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 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: 269 Version 5 18 23 Professional Services Agreement for [Langlas & Associates] Page 10 of 11 a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the 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 270 Version 5 18 23 Professional Services Agreement for [Langlas & Associates] Page 11 of 11 date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __5 years__. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ___Langlas & Associates_______ CONTRACTOR By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 271 Exhibit A RE: Langlas Labor Rates Langlas & Associates Reimbursable Labor Rates: 2025 2026 2027 Laborer $69.00 +3% +3% Carpenter $77.00 +3% +3% Finish carpenter $79.00 +3% +3% Carpenter foreman $83.00 +3% +3% Mechanic $83.00 +3% +3% Safety Officer $100.00 +3% +3% Field engineer $100.00 +3% +3% Assistant Superintendent $105.00 +3% +3% Project superintendent $120.00 +3% +3% Assistant project manager $105.00 +3% +3% Project manager $120.00 +3% +3% Sr. Project Manager/Executive $130.00 +3% +3% Overtime rates to be 1.5 times regular rates above. Off-site prefabrication rates will be the same rates as stated above. 2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 1019 East Main St., Suite 101 Bozeman, MT 59715 P 406.585.3420 F 406.585.4110 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005 272 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 has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 273 Version 5 18 23 Professional Services Agreement for [LONG Building Technologies] Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“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, _LONG Building Technologies_, _5001 S Zuni St; Littleton, CO 80120_, 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 _1st day of February_, 2030, 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. Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Contractor’s performance. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will 274 Version 5 18 23 Professional Services Agreement for [LONG Building Technologies] Page 2 of 11 become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. 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. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services 275 Version 5 18 23 Professional Services Agreement for [LONG Building Technologies] Page 3 of 11 rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] 276 Version 5 18 23 Professional Services Agreement for [LONG Building Technologies] Page 4 of 11 own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: 277 Version 5 18 23 Professional Services Agreement for [LONG Building Technologies] Page 5 of 11 a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled 278 Version 5 18 23 Professional Services Agreement for [LONG Building Technologies] Page 6 of 11 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 _Shane Miller, Project Coordinator_ or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the 279 Version 5 18 23 Professional Services Agreement for [LONG Building Technologies] Page 7 of 11 purpose of this Agreement shall be _Michael Freitas, Account Executive_ 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. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by the City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success 280 Version 5 18 23 Professional Services Agreement for [LONG Building Technologies] Page 8 of 11 Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish 281 Version 5 18 23 Professional Services Agreement for [LONG Building Technologies] Page 9 of 11 such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: 282 Version 5 18 23 Professional Services Agreement for [LONG Building Technologies] Page 10 of 11 a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other 283 Version 5 18 23 Professional Services Agreement for [LONG Building Technologies] Page 11 of 11 than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 32. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __________________________. **** 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 _LONG Building Technologies_ CONTRACTOR By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 284 Page 1 of 1 To: City of Bozeman 20 E. Olive Street Bozeman MT, 59715 From: Long Building Technologies 2285 Deerfield Lane Helena, MT 59601 January 13, 2025 Subject: MT Labor Rates As requested, I am writing to inform you of the current labor rates for Long Building Technologies Montana services. These rates are uniform across all business units: Business Intelligence/Fire Services (MTBI), Mechanical Services (MTMS), and Security Services (MTSS). The labor rates are as follows • Preferred Customer/Contact Rate: $130/hour (City of Bozeman would be considered a preferred customer). • Overtime (after 5 pm or Saturday and Sunday): $195/hour • Holiday Rate: $260/hour The rates above are as of January 2025. Please let us know if you need any additional information. Sincerely, LONG BUILDING TECHNOLOGIES, INC. Michael Freitas Account Executive 1-406-465-7078 LONG Building Technologies, Inc. 2285 Deerfield Lane Helena, MT 59601 1-406-797-7082 TEL www.LONG.com 285 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 has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 286 287 288 289 290 291 292 293 294 295 296 297 298 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 has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 299 Version 5 18 23 Professional Services Agreement for [Moore Technology, LLC] Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“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, _Moore Technology, LLC_, _1503 Bozeman Trail Rd.; Bozeman, MT 59715_, 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 _1st day of February, 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. Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Contractor’s performance. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will 300 Version 5 18 23 Professional Services Agreement for [Moore Technology, LLC] Page 2 of 11 become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. 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. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services 301 Version 5 18 23 Professional Services Agreement for [Moore Technology, LLC] Page 3 of 11 rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] 302 Version 5 18 23 Professional Services Agreement for [Moore Technology, LLC] Page 4 of 11 own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: 303 Version 5 18 23 Professional Services Agreement for [Moore Technology, LLC] Page 5 of 11 a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled 304 Version 5 18 23 Professional Services Agreement for [Moore Technology, LLC] Page 6 of 11 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 _Shane Miller, Project Coordinator_ or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the 305 Version 5 18 23 Professional Services Agreement for [Moore Technology, LLC] Page 7 of 11 purpose of this Agreement shall be _Ben Nachman, Project Manager_ 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. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by the City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success 306 Version 5 18 23 Professional Services Agreement for [Moore Technology, LLC] Page 8 of 11 Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish 307 Version 5 18 23 Professional Services Agreement for [Moore Technology, LLC] Page 9 of 11 such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: 308 Version 5 18 23 Professional Services Agreement for [Moore Technology, LLC] Page 10 of 11 a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other 309 Version 5 18 23 Professional Services Agreement for [Moore Technology, LLC] Page 11 of 11 than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 32. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __________________________. **** 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 _Moore Technology, LLC_ CONTRACTOR By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 310 List of Services Access control Intrusion (Burglar) Alarm Structured cabling Surveillance camera systems Network room build- out Fiber installation Fiber and conduit burial Fiber splicing Wireless access points Computer hardware Computer networking Point of sale Security camera system Voice over Internet Protocol (VOIP) – Internet phone Network extension Point to (multi) point and mesh wireless Telecommunications POTS PBX system VoIP system Media display Antenna installation Audio system Script Pro Structured display Cell phone signal booster Service Rates Standard Emergency Travel $150/hr $225/hr Hourly + $0.67 mile 311       ƚƚĂĐŚŵĞŶƚ  EKE/^Z/D/Ed/KEEYh>Wz&&/ZDd/KE   ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ;ŶĂŵĞŽĨĞŶƚŝƚLJƐƵďŵŝƚƚŝŶŐͿŚĞƌĞďLJĂĨĨŝƌŵƐŝƚǁŝůůŶŽƚ ĚŝƐĐƌŝŵŝŶĂƚĞŽŶƚŚĞďĂƐŝƐŽĨƌĂĐĞ͕ĐŽůŽƌ͕ƌĞůŝŐŝŽŶ͕ĐƌĞĞĚ͕ƐĞdž͕ĂŐĞ͕ŵĂƌŝƚĂůƐƚĂƚƵƐ͕ŶĂƚŝŽŶĂůŽƌŝŐŝŶ͕Žƌ ďĞĐĂƵƐĞŽĨĂĐƚƵĂůŽƌƉĞƌĐĞŝǀĞĚƐĞdžƵĂůŽƌŝĞŶƚĂƚŝŽŶ͕ŐĞŶĚĞƌŝĚĞŶƚŝƚLJŽƌĚŝƐĂďŝůŝƚLJĂŶĚĂĐŬŶŽǁůĞĚŐĞƐĂŶĚ ƵŶĚĞƌƐƚĂŶĚƐƚŚĞĞǀĞŶƚƵĂůĐŽŶƚƌĂĐƚǁŝůůĐŽŶƚĂŝŶĂƉƌŽǀŝƐŝŽŶƉƌŽŚŝďŝƚŝŶŐĚŝƐĐƌŝŵŝŶĂƚŝŽŶĂƐĚĞƐĐƌŝďĞĚĂďŽǀĞ ĂŶĚƚŚŝƐƉƌŽŚŝďŝƚŝŽŶŽŶĚŝƐĐƌŝŵŝŶĂƚŝŽŶƐŚĂůůĂƉƉůLJƚŽƚŚĞŚŝƌŝŶŐĂŶĚƚƌĞĂƚŵĞŶƚƐŽƌƉƌŽƉŽƐĞƌ͛ƐĞŵƉůŽLJĞĞƐ ĂŶĚƚŽĂůůƐƵďĐŽŶƚƌĂĐƚƐ͘  /ŶĂĚĚŝƚŝŽŶ͕ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ;ŶĂŵĞŽĨĞŶƚŝƚLJƐƵďŵŝƚƚŝŶŐͿŚĞƌĞďLJĂĨĨŝƌŵƐŝƚǁŝůů ĂďŝĚĞďLJƚŚĞƋƵĂůWĂLJĐƚŽĨϭϵϲϯĂŶĚ^ĞĐƚŝŽŶϯϵͲϯͲϭϬϰ͕D;ƚŚĞDŽŶƚĂŶĂƋƵĂůWĂLJĐƚͿ͕ĂŶĚŚĂƐ ǀŝƐŝƚĞĚƚŚĞ^ƚĂƚĞŽĨDŽŶƚĂŶĂƋƵĂůWĂLJĨŽƌƋƵĂůtŽƌŬ͞ďĞƐƚƉƌĂĐƚŝĐĞƐ͟ǁĞďƐŝƚĞ͕ŽƌĞƋƵŝǀĂůĞŶƚ͞ďĞƐƚ ƉƌĂĐƚŝĐĞƐƉƵďůŝĐĂƚŝŽŶĂŶĚŚĂƐƌĞĂĚƚŚĞŵĂƚĞƌŝĂů͘   ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ EĂŵĞĂŶĚƚŝƚůĞŽĨƉĞƌƐŽŶĂƵƚŚŽƌŝnjĞĚƚŽƐŝŐŶŽŶďĞŚĂůĨŽĨƐƵďŵŝƚƚĞƌ              Moore Technology, LLC Moore Technology, LLC Justin Moore Owner 312 Professional Services Agreement for [Parker Environmental, Inc.] Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“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, _Parker Environmental, Inc._, _581 Running Bear Lane; Hamilton, MT 59840_, 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 _1st day of February, 2030, 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. Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Contractor’s performance. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 313 Professional Services Agreement for [Parker Environmental, Inc.] Page 2 of 11 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. 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. 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 314 Professional Services Agreement for [Parker Environmental, Inc.] Page 3 of 11 damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] 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 315 Professional Services Agreement for [Parker Environmental, Inc.] Page 4 of 11 insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: 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. 316 Professional Services Agreement for [Parker Environmental, Inc.] Page 5 of 11 b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 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. 317 Professional Services Agreement for [Parker Environmental, Inc.] Page 6 of 11 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 _Shane Miller, Project Coordinator_ or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _Jim Parker, Operations Manager / Inspector_ 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 318 Professional Services Agreement for [Parker Environmental, Inc.] Page 7 of 11 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. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by the City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will 319 Professional Services Agreement for [Parker Environmental, Inc.] Page 8 of 11 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. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the 320 Professional Services Agreement for [Parker Environmental, Inc.] Page 9 of 11 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. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 321 Professional Services Agreement for [Parker Environmental, Inc.] Page 10 of 11 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 32. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __________________________. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 322 Professional Services Agreement for [Parker Environmental, Inc.] Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA _Parker Environmental, Inc._ CONTRACTOR By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 323 581 Running Bear Lane Hamilton, Montana 59840 Phone: (406) 360-7872 Email: parker.enviro24@gmail.com Accreditations / Certifications: Parker Environmental, Inc. holds the following firm Accreditations / Certifications: o State of Montana – Certificate of Existence o US-EPA Lead Safe Certified Firm – Certification #: NAT-F276918-1 Expires: 12/05/2029 o State of Montana – Certified Methamphetamine Clean-up Contractor (In Process) James Parker holds the following Accreditations / Certifications: o MT-DEQ Asbestos Inspector – MTA-5024 – Expires 09/25/2025 o MT-DEQ Management Planner – MTA-5024 – Expires 09/27/2025 o MT-DEQ Contractor/Supervisor – MTA-5024 – Expires 10/18/2025 o US-EPA Lead Risk Assessor – Certification Number: LBP-R-I227517-2 Expires: 12/05/2027 o PMII Certified Mold Inspector – Certification Number: CRMI0000047953 Expires: 09/05/2025 o National Association of Mold Premeditators and Inspectors (NAMRI) – Member Number: 418402 o 40 Hour HAZWOPER – Certificate Number – AB739 Expires: 09/23/2025 o US-DOL MSHA Training – Certificate Number: 9187 Expires: 08/21/2025 o TSOIH Certified Methamphetamine Inspector – Certificate Number: 110724-06 Expires: 11/07/2026 o Radon Measurement Professional – Certification Number: PRDN0000048016 Expires: 09/14/2025 o NIOSH 582 Certified Asbestos Analyst – Certification Number: 433-33-9187 ** – Able to obtain High Security Clearance for Government Facilities 2025 Price List: Mobilization: ACTION UNIT PRICE PER UNIT Mileage Miles $ 0.67 Fuel Gallons $ 4.50 Hotel Per Night $ 140.00 Per Diem – In Montana Per Day $ 40.00 Analytical Fees: ANALYTE TURN AROUND TIME PRICE PER SAMPLE Asbestos – PLM 3 Days $ 13.50 Asbestos – PLM 48 Hour $ 16.20 Asbestos – PLM 24 Hour $ 20.25 324 581 Running Bear Lane Hamilton, Montana 59840 Phone: (406) 360-7872 Email: parker.enviro24@gmail.com Asbestos – TEM 24 Hour $ 105.00 Lead Based Paint – Chips 5 Days $ 9.45 Lead Based Paint – Chips 48 Hour $ 11.50 Lead Based Paint – Chips 24 Hour $ 12.25 Lead in Soil 24 Hour $ 12.85 Lead – TCLP 24 Hour $ 105.00 Mold – Tape Lifts & Swabs 48 Hour $ 27.00 Mold – Tape Lifts & Swabs 3 to 5 Days $ 22.00 Mold – Air-O-Cell 24 Hour $ 44.00 Mold – Air-O-Cell 48 Hour $ 38.00 Methamphetamine – Wipe 24 Hour $ 75.00 Methamphetamine – Wipe 48 Hour $ 65.00 Methamphetamine – Wipe 3 Day $ 50.00 Sample Transport / Freight Per Batch $ 75.00 Labor: LABOR UNIT PRICE PER UNIT Travel Time Per Hour $ 50.00 Inspection Labor Per Hour $ 75.00 Reporting Per Hour $ 75.00 Equipment: EQUIPMENT UNIT PRICE PER UNIT Vehicle Per Day $ 40.00 Pumps – High & Low Volume Per Day $ 15.00  All Prices subject to change Resumes: Judy L. Parker 581 Running Bear Lane Hamilton, MT. 58940 (Cell) 702 592-5434 PARKER ENVIRONMENTAL, INC. Hamilton, Montana October 2024 to date Co-Owner and CEO and CFO. Handling all types of office work including Accounts Receivables, Accounts Payables, ordering supplies, sending samples to labs for analysis 325 581 Running Bear Lane Hamilton, Montana 59840 Phone: (406) 360-7872 Email: parker.enviro24@gmail.com Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION Parker Environmental, Inc. 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, Parker Environmental, Inc. hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best practices publication and has read the material. ______________________________________ James Parker Project Operations Manager / Inspector Parker Environmental, Inc. 326 Professional Services Agreement for [Pioneer Technical Services] Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“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, _Pioneer Technical Services, Inc._, _1101 S Montana St; Butte, MT 59701_, 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 _1st day of February, 2030_, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the 327 Professional Services Agreement for [Pioneer Technical Services] Page 2 of 11 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. 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 328 Professional Services Agreement for [Pioneer Technical Services] Page 3 of 11 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of 329 Professional Services Agreement for [Pioneer Technical Services] Page 4 of 11 contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 330 Professional Services Agreement for [Pioneer Technical Services] Page 5 of 11 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the 331 Professional Services Agreement for [Pioneer Technical Services] Page 6 of 11 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 _Shane Miller, Project Coordinator_ or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _Tim Murphy, Project Engineer_ 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 332 Professional Services Agreement for [Pioneer Technical Services] Page 7 of 11 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. 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). 333 Professional Services Agreement for [Pioneer Technical Services] Page 8 of 11 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term 334 Professional Services Agreement for [Pioneer Technical Services] Page 9 of 11 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 335 Professional Services Agreement for [Pioneer Technical Services] Page 10 of 11 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. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __5 years__. 336 Professional Services Agreement for [Pioneer Technical Services] 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 ___Pioneer Technical Services, Inc._______ CONTRACTOR By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 337 HEADQUARTERS: PO BOX 3445  BUTTE, MT 59702 PH: 406.782.5177  FX: 406.782.5866 WWW.PIONEER-TECHNICAL.COM  PIONEER TECHNICAL SERVICES, INC. RATE SHEET Issued January 15, 2025 CATEGORY RATE/HOUR P10: Partner/Director $200.00 P9: Principal $187.00 P8: Program Manager $175.00 P7: Senior Project Manager $167.00 P6: Project Manager $158.00 P5: Senior Engineer/Scientist II $151.00 P4: Senior Engineer/Scientist I $145.00 P3: Project Engineer/Scientist II $137.00 P2: Project Engineer/Scientist I $130.00 P1: Staff Engineer/Scientist $122.00 T6: Systems Technician $128.00 T5: Senior Technician $113.00 T4: Technician II $98.00 T3: Technician I $83.00 T2: CAD Operator $76.00 T1: Clerical $69.00 Administrative $98.00 Overtime: P (Exempt) Grades: Same hourly labor rate indicated above. T (Non-Exempt) Grades: 1.5X the hourly labor rate indicated above. OTHER DIRECT COSTS Mileage Current IRS Rate Weekly Vehicle Rate $360.00/week Company Copies $0.07/copy Travel Expenses Lodging at cost / GSA Per Diem Geoprobe Per Job-specific Estimate Survey Equipment Total Survey Station $92.00/day Robotic Total Station $256.00/day RTK GNSS $333.00/day Resource Grade GPS $51.00/day Digital Level $72.00/day Photoionization Detector (PID) $51.00/day Nuclear Density/Moisture Gauge (< 4 hours) $46.00/half day Nuclear Density/Moisture Gauge (> 4 hours) $72.00/day X-Ray Fluorescence Instrument (Daily) $210.00/day X-Ray Fluorescence Instrument (Monthly) $4,200.00/month D.I. Water $7.00/carboy container All Other Direct Expenses Cost plus 10% 338 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION Pioneer Technical Services, Inc. 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, Pioneer Technical Services, Inc. hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work "best practices" website, or equivalent "best practices publication and has read the material. Tim Ranf, P.E. President/CEO 339 Version 5 18 23 Professional Services Agreement for [Plan One Architects] Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“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, _Plan One Architects_, _4020 Dewar Drive, Suite A; Rock Springs, WY 82901_, 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 _1st_ day of _February_, 2030_, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, 340 Version 5 18 23 Professional Services Agreement for [Plan One Architects] Page 2 of 11 Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. 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 341 Version 5 18 23 Professional Services Agreement for [Plan One Architects] Page 3 of 11 Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 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 342 Version 5 18 23 Professional Services Agreement for [Plan One Architects] Page 4 of 11 jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] 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 343 Version 5 18 23 Professional Services Agreement for [Plan One Architects] Page 5 of 11 must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: 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. 344 Version 5 18 23 Professional Services Agreement for [Plan One Architects] Page 6 of 11 b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 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 _Shane Miller, Project Coordinator_ or such other individual as City shall 345 Version 5 18 23 Professional Services Agreement for [Plan One Architects] Page 7 of 11 designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _Mick Duff, Vice President_ 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. 346 Version 5 18 23 Professional Services Agreement for [Plan One Architects] Page 8 of 11 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. 347 Version 5 18 23 Professional Services Agreement for [Plan One Architects] Page 9 of 11 The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 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: 348 Version 5 18 23 Professional Services Agreement for [Plan One Architects] Page 10 of 11 a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the 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 349 Version 5 18 23 Professional Services Agreement for [Plan One Architects] Page 11 of 11 date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __5 years__. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ___Plan One Architects_______ CONTRACTOR By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 350 p l a n o n e / a r c h i t e c t s c h e y e n n e c o d y r o c k s p r i n g s b o z e m a n billings ϯϮϱt͘ϭϴƚŚ^ƚ͘^ƵŝƚĞϯ ŚĞLJĞŶŶĞ͕tzϴϮϬϬϮ ϯϬϳ͘ϱϭϰ͘ϰϱϳϱ ϮϮϱt͘zĞůůŽǁƐƚŽŶĞǀĞ͘^ƚĞϰ ŽĚLJ͕tzϴϮϰϭϰ ϯϬϳ͘ϱϴϳ͘ϴϲϰϲ ϰϬϮϬĞǁĂƌƌ͘^ƵŝƚĞ ZŽĐŬ^ƉƌŝŶŐƐ͕tzϴϮϵϬϭ ϯϬϳ͘ϯϱϮ͘Ϯϵϱϰ ϭϬϱϬĂƐƚDĂŝŶ͕^ƵŝƚĞϯ ŽnjĞŵĂŶ͕Ddϱϵϳϭϴ ϰϬϲ͘Ϯϭϵ͘ϱϵϵϮ ϯϯϯϯϮŶĚǀĞE^ƵŝƚĞϮϱϬ ŝůůŝŶŐƐ͕DdϱϵϭϬϭ ϰϬϲϮϰϱϲϯϲϯ  RATE SCHEDULE Principal Architect $160 Structural Engineer $145 Architect II $130 Corporate Administration $125 Architect I / Project Manager $115 Job Captain $ 95 CAD Technician III $ 85 Interior Design $ 75 CAD Technician II $ 75 CAD Technician I $ 65 Clerical $ 60 Reimbursables: x Printing, travel expenses, etc. actual + 15% x Engineers & Special Consultants actual + 15% x Vehicles @ Current IRS rate x Shipping actual + 25%          351 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 has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 352 Version 5 18 23 Professional Services Agreement for [Sanbell] Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“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, _Sanbell_, _1300 North Transtech Way; Billings, MT 59102_, 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 _1st day of February_, 2030, 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. Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Contractor’s performance. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will 353 Version 5 18 23 Professional Services Agreement for [Sanbell] Page 2 of 11 become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. 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. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services 354 Version 5 18 23 Professional Services Agreement for [Sanbell] Page 3 of 11 rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] 355 Version 5 18 23 Professional Services Agreement for [Sanbell] Page 4 of 11 own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: 356 Version 5 18 23 Professional Services Agreement for [Sanbell] Page 5 of 11 a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled 357 Version 5 18 23 Professional Services Agreement for [Sanbell] Page 6 of 11 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 _Shane Miller, Project Coordinator_ or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the 358 Version 5 18 23 Professional Services Agreement for [Sanbell] Page 7 of 11 purpose of this Agreement shall be _Kendra Oiedalue, Project Manager_ 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. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by the City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success 359 Version 5 18 23 Professional Services Agreement for [Sanbell] Page 8 of 11 Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish 360 Version 5 18 23 Professional Services Agreement for [Sanbell] Page 9 of 11 such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: 361 Version 5 18 23 Professional Services Agreement for [Sanbell] Page 10 of 11 a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other 362 Version 5 18 23 Professional Services Agreement for [Sanbell] Page 11 of 11 than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 32. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __________________________. **** 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 _Sanbell_ CONTRACTOR By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 363 OUTSIDE CONSULTANTS SURVEY CREW SERVICES STAFF PERSONNEL SERVICES CHARGE OUT RATES ROCKY MOUNTAIN EFFECTIVE AUGUST 17, 2024 Staff Engineer I $115.00/hour Staff Engineer II $130.00/hour Staff Engineer III $135.00/hour Landscape Designer I $105.00/hour Landscape Designer II $115.00/hour Landscape Designer III $125.00/hour Landscape Architect I $135.00/hour Landscape Architect II $145.00/hour Senior Landscape Architect I $165.00/hour Senior Landscape Architect II $175.00/hour Staff Planner I $100.00/hour Staff Planner II $115.00/hour Planner I $130.00/hour Planner II $145.00/hour Senior Planner I $155.00/hour Senior Planner II $195.00/hour Senior Planner Manager $205.00/hour Right-of-Way Agent $168.00/hour Project Engineer I $145.00/hour Project Engineer II $155.00/hour Senior Engineer I $190.00/hour Senior Engineer II $195.00/hour Senior Engineer Manager $210.00/hour Principal $250.00/hour Expert Witness/Special Consultant $290.00/hour Engineer Intern $90.00/hour Field Survey Technician I $85.00/hour Field Survey Technician II $88.00/hour Staff Surveyor I $115.00/hour Staff Surveyor II $130.00/hour Professional Land Surveyor I $140.00/hour Professional Land Surveyor II $150.00/hour Senior Professional Land Surveyor I $160.00/hour Senior Professional Land Surveyor II $180.00/hour Construction Inspector $88.00/hour ConstructionEngineering Tech. $100.00/hour Senior Construction Engineering Technician $145.00/hour Construction Engineer I $145.00/hour Construction Engineer II $150.00/hour CADD Technician I $100.00/hour CADD Technician II $105.00/hour Designer I $107.00/hour Designer II $110.00/hour Senior Designer I $120.00/hour Senior Designer II $145.00/hour Senior Designer Manager $165.00/hour Project Administrator $100.00/hour Senior Project Administrator $115.00/hour Administrative/Clerical $90.00/hour Senior Administrative/Clerical $115.00/hour Senior Administrative Director $185.00/hour Graphic Artist $115.00/hour Marketing Coordinator $120.00/hour Senior Marketing Coordinator $130.00/hour Marketing Director $185.00/hour 1-Person/2-Person Crew Per Job Survey Equipment $30.00 /fieldwork hour Survey Vehicle Mileage IRS rate/mile + $0.10/mile Scanner Equipment $150.00/hour Scanner Equipment (full day) $1,050/day 1) At cost if independently billed direct to client 2) Cost plus 5% if billed through us INDEPENDENT LABORATORIES 1) At cost if independently billed direct to client 2) Cost plus 5% if billed through us ADMINISTRATIVE EXPENSES Administrative Expenses 3.5% * Including copies, prints, phone, postage, materials, and travel *Based on professional services only, unless modified by contract Vehicle Mileage IRS Rate These rates are updated periodically to reflect market conditions. Rate increases will be reflected in future invoicing. TRAFFIC DATA COLLECTION SERVICES Standard Intersection Count (veh/bike/ped) $30.00/hour Small Roundabout Count (veh/bike/ped) $41.00/hour Large Roundabout Count (veh/bike/ped) $93.00/hour Spot Location Volume (veh/bike/ped) $4.00/lane/hour Spot Location Travel Speeds (veh) $5.00/lane/hour Data Collection Equipment $30.00/count location Rushed Processing (24-hour turnaround) $9.00/processing hour 364 Attachment 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 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 Sanbell - Rocky Mountain Sanbell - Rocky Mountain Danielle Scharf - Managing Principal 365 Professional Services Agreement for [Slate Electrical] Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“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, _Slate Electrical_, _3210 Canyon Ferry Rd, Suite 1; East Helena, MT 59635_, 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 _1st day of February, 2030, 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. Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Contractor’s performance. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 366 Professional Services Agreement for [Slate Electrical] Page 2 of 11 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. 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. 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 367 Professional Services Agreement for [Slate Electrical] Page 3 of 11 damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] 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 368 Professional Services Agreement for [Slate Electrical] Page 4 of 11 insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: 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. 369 Professional Services Agreement for [Slate Electrical] Page 5 of 11 b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 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. 370 Professional Services Agreement for [Slate Electrical] Page 6 of 11 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 _Shane Miller, Project Coordinator_ or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _Alisha Hadfield, Office Manager_ 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 371 Professional Services Agreement for [Slate Electrical] Page 7 of 11 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. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by the City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will 372 Professional Services Agreement for [Slate Electrical] Page 8 of 11 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. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the 373 Professional Services Agreement for [Slate Electrical] Page 9 of 11 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. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 374 Professional Services Agreement for [Slate Electrical] Page 10 of 11 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 32. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __________________________. **** 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 _Slate Electrical_ 375 Professional Services Agreement for [Slate Electrical] Page 11 of 11 CONTRACTOR By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 376 377 Rate Breakdown This document provides a comprehensive breakdown of our rates, ensuring transparency and clarity for the City of Bozeman Standard Hourly Rate ● Standard hourly rate: is $135/Electrician/hour and $70/apprentice/hour . This rate applies to most of our services during regular business hours which are defined as Monday- Friday from 7am-5pm. ● Minimum Job Charge : We do charge a minimum job rate of $250/job , once this is met in Time and Materials the charge is no longer applicable. Premium Rates Certain specialized services may incur premium rates which are billed out as time and a half. These include: ● Rush jobs: Projects requiring completion within 24 hours ● Out-of-hours work: Work performed outside of standard business hours, these are to be approved by the Owner depending on staffing. ● Expert consultation: Rates can vary depending on the specific expertise required. These rates will be provided upon request. 378 Additional Costs In addition to our hourly or project rates, clients may incur additional costs for: ● Materials and equipment: Costs associated with purchasing materials or equipment required for the project. Materials are marked up 20% and Equipment rates vary and can be determined before work begins ● Third-party services: Expenses for services provided by external vendors or contractors. 379 Version 5 18 23 Professional Services Agreement for [Tate Management, Inc.] Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“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, _Tate Management, Inc._, _84 West Clara Court; Bozeman, MT 59718_, 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 _1st day of February, 2030_, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, 380 Version 5 18 23 Professional Services Agreement for [Tate Management, Inc.] Page 2 of 11 Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. 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 381 Version 5 18 23 Professional Services Agreement for [Tate Management, Inc.] Page 3 of 11 Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 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 382 Version 5 18 23 Professional Services Agreement for [Tate Management, Inc.] Page 4 of 11 jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] 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 383 Version 5 18 23 Professional Services Agreement for [Tate Management, Inc.] Page 5 of 11 must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: 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. 384 Version 5 18 23 Professional Services Agreement for [Tate Management, Inc.] Page 6 of 11 b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 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 _Shane Miller, Project Coordinator_ or such other individual as City shall 385 Version 5 18 23 Professional Services Agreement for [Tate Management, Inc.] Page 7 of 11 designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _Bryan Tate, President _ 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. 386 Version 5 18 23 Professional Services Agreement for [Tate Management, Inc.] Page 8 of 11 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. 387 Version 5 18 23 Professional Services Agreement for [Tate Management, Inc.] Page 9 of 11 The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 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: 388 Version 5 18 23 Professional Services Agreement for [Tate Management, Inc.] Page 10 of 11 a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the 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 389 Version 5 18 23 Professional Services Agreement for [Tate Management, Inc.] Page 11 of 11 date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __5 years__. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ___Tate Management, Inc._______ CONTRACTOR By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 390 391 Attachment 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 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 Tate Management Tate Management Bryan Tate, President of Tate Management 392 Professional Services Agreement for [K2 Ventures Inc.] Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“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, _K2 Ventures Inc., 2545 Spain Bridge Rd.; Belgrade, MT 59714_, 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 _1st day of February, 2030_, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the 393 Professional Services Agreement for [K2 Ventures Inc.] Page 2 of 11 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. 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 394 Professional Services Agreement for [K2 Ventures Inc.] Page 3 of 11 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of 395 Professional Services Agreement for [K2 Ventures Inc.] Page 4 of 11 contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 396 Professional Services Agreement for [K2 Ventures Inc.] Page 5 of 11 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the 397 Professional Services Agreement for [K2 Ventures Inc.] Page 6 of 11 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 _Shane Miller, Project Coordinator_ or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _Danny Kappes, Vice President_ 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 398 Professional Services Agreement for [K2 Ventures Inc.] Page 7 of 11 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. 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). 399 Professional Services Agreement for [K2 Ventures Inc.] Page 8 of 11 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term 400 Professional Services Agreement for [K2 Ventures Inc.] Page 9 of 11 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 401 Professional Services Agreement for [K2 Ventures Inc.] Page 10 of 11 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. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __5 years__. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ___K2 Ventures Inc._______ CONTRACTOR By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: 402 Professional Services Agreement for [K2 Ventures Inc.] Page 11 of 11 By_______________________________ Greg Sullivan, Bozeman City Attorney 403 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 has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 404 1 Shane Miller From:Daniel Kappes <k2venturesmt@gmail.com> Sent:Friday, January 17, 2025 5:32 PM To:Shane Miller Subject:Re: [EXTERNAL]Re: City of Bozeman Service Term Contract RFQ | Rates Sheet & W9 Categories:Red Category, Green Category, Blue Category CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Shane, Listed below are our rates for labor and equipment. Please let me know if you need this information in a different format or if I can provide additional context. Service Item Price per Hour Mini Excavator $165.00 Skid Steer $95.00 Wheel Loader $200.00 Road Grader $275.00 Dump truck $165.00 Dump trailer $115.00 General labor $76.50 Compaction equipment $100.00 Sweeping services $125.00 Snow service Item Price per Hour Skid steer with Cage Plow $215.00 wheel Loader with Cage Plow $225.00 Wheel Loader with Snow Blower $295.00 Road Grader $275.00 Truck with Boss V Blade $200.00 Four wheeler with Plow $105.00 Snow Raider with Plow $105.00 Granular salt $1.25 Liquid Magnesium Chloride $2.95 EXHIBIT A 405 2 General Labor $76.50 Thank you, K2 Ventures Danny Kappes 406-595-4779 2545 Spain Bridge Rd. Belgrade MT 59714 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. www.k2venturesmontana.com On Thu, Jan 16, 2025 at 3:01 PM Shane Miller <SMiller@bozeman.net> wrote: Just make sure your hourly rates include not just base salary but that taxes, benefits, insurance, etc SHANE MILLER | FACILITIES PROJECT COORDINATOR City of Bozeman | 20 E. Olive Street, Office 014B | Bozeman, MT 59715 P: 406-577-7425 | C: 406-595-0637 | E: smiller@bozeman.net From: Daniel Kappes <k2venturesmt@gmail.com> Sent: Thursday, January 16, 2025 1:11 PM To: Shane Miller <SMiller@BOZEMAN.NET> Subject: Re: [EXTERNAL]Re: City of Bozeman Service Term Contract RFQ | Rates Sheet & W9 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Shane, Sounds good. when you say "labor needs to be fully burdened, fyi." What do you mean by that? I am putting together a price sheet as we speak, I just want to make sure you have everything you need. 406 Professional Services Agreement for [Alpine Precision Striping LLC] Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“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, _Alpine Precision Striping LLC, 4887 Victory Street; Bozeman, MT 59718_, 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 _1st day of February, 2030_, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the 407 Professional Services Agreement for [Alpine Precision Striping LLC] Page 2 of 11 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. 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 408 Professional Services Agreement for [Alpine Precision Striping LLC] Page 3 of 11 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of 409 Professional Services Agreement for [Alpine Precision Striping LLC] Page 4 of 11 contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 410 Professional Services Agreement for [Alpine Precision Striping LLC] Page 5 of 11 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the 411 Professional Services Agreement for [Alpine Precision Striping LLC] Page 6 of 11 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 _Shane Miller, Project Coordinator_ or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _Kyle Kriesel. Owner/Operator_ 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 412 Professional Services Agreement for [Alpine Precision Striping LLC] Page 7 of 11 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. 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). 413 Professional Services Agreement for [Alpine Precision Striping LLC] Page 8 of 11 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term 414 Professional Services Agreement for [Alpine Precision Striping LLC] Page 9 of 11 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 415 Professional Services Agreement for [Alpine Precision Striping LLC] Page 10 of 11 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. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __5 years__. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ___Alpine Precision Striping LLC_______ CONTRACTOR By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: 416 Professional Services Agreement for [Alpine Precision Striping LLC] Page 11 of 11 By_______________________________ Greg Sullivan, Bozeman City Attorney 417 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 has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 418 Price Sheet—City of Bozeman Description Unit Price 4" Line $0.50/ LF 4" Line with chalk line $0.90/ LF Curb Striping $0.60/ LF Handicap Stencil $40.00 EV Stencil $20.00 No Parking / Reserved / Visitor / Arrows $20.00 Curb Stencils $10.00 Mobilization $25.00 Site Prep Dependent on linear footage and level of dirtiness of the job. 419 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT:Authorize the City Manager to Sign an Amendment 1 to Professional Service Agreement with Pioneer Technical Services for Geotechnical Investigation at Bozeman Sports Park MEETING DATE:January 28, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 1 to Professional Service Agreement with Pioneer Technical Services for Geotechnical Investigation at Bozeman Sports Park STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:Pioneer Technical Services was hired to perform soil analysis for the design of Phase 1B field (field 7) at the Bozeman Sports Park. The initial scope was expanded to including consultation regarding appropriate methods to estimate infiltration for the proposed stormwater management system and additional subcontractor expenses to provide a water truck and operator. Initial contract of $3700 is amended to include an additional $2873.79 UNRESOLVED ISSUES:NA. ALTERNATIVES:Per Commission FISCAL EFFECTS:As budgeted in FY2025 Attachments: Pioneer PSA First Amendment.docx Bozeman Sports Park SOW Amendment.pdf Report compiled on: January 16, 2025 420 First Amendment to Professional Services Agreement for Bozeman Sports Park Geotechnical Investigation FY 2025 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR BOZEMAN SPORTS PARK GEOTECHNICAL INVESTIGATION dated September 17, 2024 (the “Agreement”) is made and entered into this _____ day of ____________, 2025, 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 Pioneer Technical Services, Inc with a mailing address of 1309 Cole Avenue, Helena, MT 59601, 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.Scope of Services. Scope of Services is expanded to include additional consulting and costs associated with new recommendations as described in the attached Progress Report Section 9. 2.Price. The not to exceed amount is increased to $6573.79. 3.Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 421 First Amendment to Professional Services Agreement for Bozeman Sports Park Geotechnical Investigation FY 2025 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 PIONEER TECHNICAL SERVICES By________________________________By_____________________________ Chuck Winn, Interim City Manager Print Name: Shawn Bisch Title: Vice President/CFO APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 422 423 424 Memorandum REPORT TO:City Commission FROM:Renata Munfrada, Community Housing Program Coordinator David Fine, Urban Renewal and Housing Program Manager Brit Fontenot, Director of Economic Development SUBJECT:Authorize City Manager to Sign a Second Amendment to the Professional Services Agreement with Human Resource Development Council IX MEETING DATE:January 28, 2025 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize City Manager to sign the Second Amendment to the Professional Services Agreement with Human Resource Development Council IX STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:Human Resource Development Council IX (HRDC) helps residents access safe and secure housing. They focus on meeting the needs of our community members at all levels of housing, including access to emergency shelter, affordable rental housing, and homeownership. HRDC offers a variety of services including: pre-purchase counseling, buyer qualification, marketing and record keeping; mechanism monitoring and management for long-term affordability; and record keeping and reporting. The attached Scope of Services also includes record keeping and reporting, pre-purchase counseling, buyer qualifications, marketing, monitoring long-term affordability and also funds the partial cost of HRDC's Community Development Director staff time. In partnership with HRDC, the City of Bozeman is able to advance its affordable housing goals in the community. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by City Commission. FISCAL EFFECTS:$40,000 in funding will be provided out of the Community Housing division budget. Attachments: Second Amendment for Community Housing Program FY25- FY26.pdf 425 Scope of Services for Community Housing Program FY25- FY26.pdf Report compiled on: December 3, 2024 426 Second Amendment to Professional Services Agreement for Community Housing Program FY 2025 – FY 2026 Page 1 of 2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Community Housing Program dated August 23, 2022 (the “Agreement”) is made and entered into this _____ day of ____________, 2025, 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 Human Resource Development Council of District IX (HRDC), 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. Extension of Term. Section 2 of the Agreement is extended for an additional one (1) year period. The Agreement shall terminate on June 30, 2026. 2. Updated Scope of Services: The attached scope of service will provide the price for services breakdown to govern the extended term. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 427 Second Amendment to Professional Services Agreement for Community Housing Program FY 2025 – FY 2026 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 HRDC By________________________________ By_____________________________ Chuck Winn, Interim City Manager Print Name: Heather Grenier Title: President / CEO APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 428 Professional Services Agreement for Community Housing Program Scope of Services July 1, 2024, to June 30, 2025 Pre-Purchase Counseling, Buyer Qualification, Marketing, and Record Keeping – $20,000 Pre-purchase counseling: HRDC's HUD-certified counselors will provide pre-purchase counseling on an individual basis to all persons interested in becoming buyers qualified to purchase a home using City and other related programs. HRDC's pre-purchase counseling will help potential buyers better understand their specific home buyer readiness and identify any barriers to successful and sustainable home ownership. HRDC will assist potential buyers with budgeting, credit, home search, financing, low- interest loan and other subsidy programs, home care and maintenance, purchase procedures, closing, RESPA, loan document review services, terms, and other necessary aspects to purchasing a home. As part of the initial counseling session, HRDC will provide all participants in the counseling session with HUD required materials and disclosures. Buyer Qualification: During pre-purchase counseling, HRDC will evaluate potential buyers for eligibility for possible down payment assistance and secondary lending opportunities which may be available locally through the City of Bozeman's Community Housing Program and the HOME Program Homebuyer Assistance Program in partnership with the Montana Department of Commerce. Qualified Home Buyer Pool: HRDC will maintain a pool of potential qualified home buyers for income brackets as agreed upon with City staff upon review of potential projects. HRDC will notify qualified potential buyers of new home ownership opportunities as they are made available and work with developers of housing to help them understand the needs and resources of households on the list. HRDC will also partner with developers and builders to develop affordable housing plans for submittal to the City. Mechanism Monitoring/Management for Long-term Affordability – $11,000 HomeKeeper System Management, Maintenance, and Data Sharing HRDC will provide and maintain a license for HRDC and the City to use HomeKeeper software (or such alternate software program City consents to in writing) to track applicant eligibility data, and demographics. City's license to use the software must allow the City to access information related to the home buyers, and other records HRDC is required by this Agreement to provide to the City that are stored in the software program. HRDC represents and warrants it has the right under its software license for the City's use of the software as described in this Agreement, and City's use will not infringe on the rights of any third party. Loan Origination/Deed Restriction/Lien Documents HRDC will provide trained professionals to work with local real estate agents, lenders, and title agents to ensure that the home purchase process requirements of below-market homes created 429 by developers in exchange for incentives offered by the City of Bozeman meet applicable program requirements, including down payment assistance, is completed efficiently and in compliance with program regulations. HRDC will provide services related to loan origination, deed restriction, and lien documentation and recordation in accordance with City guidelines. Monitoring and Compliance HRDC will provide monitoring for and verify homeowner compliance with the ownership requirements for homes produced under the previous AHO and under related affordable housing plans provided by developers, including use as primary residence and occupancy requirements. HRDC will request homeowners provide documentation proving compliance on an annual basis. Deed Re-conveyance/Subsidy Recapture at Resale Upon a recapture or re-conveyance event as described in the City's recorded lien documents, HRDC will work closely with homeowners, lenders, realtors, and title agents to ensure that all the terms of the loans are met and a payoff amount is calculated, collected, and understood by all parties. Copies of the finalized documentation will be sent digitally to the City’s representative for review. Funds obtained by HRDC in performing the recapture process will be transferred to the City within 90 days of receipt by HRDC. Community Development Director staff time (approximately 200 hours/year) – $9,000 HRDC’s Community Development Director (CDD) works closely with City staff to provide additional capacity regarding affordable housing best practices and updated program guidance. The CDD helps staff to respond to inquiries from developers of subsidized and market rate housing, provides technical assistance to housing developers and non-profits, and assists citizens seeking affordable housing resources with information and access to services. The CDD also works to build a more sustainable community by focusing on the relationships between affordable housing, economic and workforce development, and transportation systems within the city. The CDD connects City staff to agency data relevant to creating and updating the City of Bozeman Consolidated Plan. Record Keeping and Reporting: HRDC will provide the City with the following records and reports within the following timeframes. HRDC may also make the records available to the City Representative in the HomeKeeper or other tracking software it provides under this Agreement. Records and reporting requirements may be adjusted by the City in writing. 1. Recapture documentation, including each recapture due, payment by the homeowner, and transfer of the payment to the City – At time of Reconveyance 2. Reporting and invoices for services rendered – Annually ▪ Number of Home Buyer Education classes ▪ Number of participants in Home Buyer Education classes ▪ Number of pre-purchase counsels 430 ▪ All other activities performed under PSA 3. Documents evidencing Owner Occupancy of Affordable Homes will be stored in Homekeeper - Annually Scope of Services Summary: Pre-Purchase Counseling, Buyer Qualification, Marketing, and Record Keeping – $20,000 Mechanism Monitoring/Management for Long-term Affordability – $11,000 Community Development Director staff time (approximately 200 hours/year) – $9,000 TOTAL: $40,000 431 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Coordinator David Fine, Economic Development Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Task Order 008 with Sanbell for Design Services for a North 7th Avenue Pedestrian Crossing MEETING DATE:January 28, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a task order 008 with Sanbell for design services for a North 7th Avenue pedestrian crossing. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:Enhanced multimodal transportation is a pillar of the Midtown Urban Renewal District Plan and the Midtown Urban Renewal District Action Plan. In order to realize that vision, safe pedestrian connections must be built. This task order represents project management, survey, mapping, and design of a pedestrian crosswalk with a rectangular rapid flash beacon (RRFB) on North 7th Avenue at Aspen Street by Sanbell. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the Commission. FISCAL EFFECTS:Sanbell will bill monthly for its services on a lump sum basis of $29,600 which is available in the Midtown Urban Renewal Budget. Attachments: Task Order 008 Full.pdf Report compiled on: January 6, 2025 432 City of Bozeman Urban Renewal District Term Contract Task Order Number #008 PROJECT: North 7th Avenue Pedestrian Crossing Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Sanbell – Rocky Mountain (formerly Sanderson Stewart) for Architectural and Engineering Services. This Task Order is dated ____________ between the City of Bozeman Economic Development Department and Sanbell – Rocky Mountain (Contractor). The following representatives have been designated for the work performed under this Task Order: City: David Fine, Economic Development Department Contractor: Danielle Scharf, Sanbell SCOPE OF WORK: The scope for this task order is detailed in the attached proposed scope of work. COMPENSATION: Sanbell – Rocky Mountain will bill for its services on a lump sum of $29,600. Sanbell shall submit invoices to the City of Bozeman for work accomplished during each calendar month. Monthly invoices shall include, separately listed, any charges for services for which time charges and/or unit costs shall apply. The provisions of the Professional Services Agreement shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Sanbell – Rocky Mountain Chuck Winn, Acting City Manager Danielle Scharf, Principal 433 City of Bozeman Economic Development Department Scope of Work – Task Order No. 008 North 7th Avenue Pedestrian Crossing 12/24/2024 Sanbell is pleased to provide this scope of work for design of a pedestrian crossing with a Rectangular Rapid Flash Beacon (RRFB) on North 7th Avenue at Aspen Street. The pedestrian crossing will connect the 8th & Aspen Mixed-Use site to the Aspen Festival Street. All design improvements are anticipated to be completed within the existing North 7th Avenue and Aspen Street right-of-way. This work will be completed as a part of the Economic Development Department Term Contract for Architectural and Engineering Services. A detailed list of assumptions and scope of services for the project are outlined below. Scope of Work: Phase 1 - Project Management & Coordination This phase of the project includes general project management, coordination with the Client, and monthly billing/invoicing. Phase 2 - Survey & Mapping A detailed topographic survey of the project intersection will be conducted using a combination of GPS, LIDAR, total station, and drone aerial techniques. The topographic survey will cover the anticipated area of improvements, generally including the north leg of the North 7th Avenue and Aspen Street Intersection. We will search for the two property corners immediately adjacent to the work area, but a full boundary survey is not included. Base drawings will be prepared in AutoCAD format following the completion of the topographic survey, and additional pick-up topo will be conducted as needed throughout the duration of the project. Public and private utilities will be located prior to the survey via one-call for inclusion in the base drawings. No in-field excavation of private (dry) utilities is contemplated in this scope of work. This phase also includes traffic control needed for the completion of survey tasks. 434 Task Order No. 008 December 24, 2024 Page 2 Phase 3 - Schematic Pedestrian Crossing Design A schematic design of the proposed crossing improvements will be prepared for City of Bozeman and MDT review prior to proceeding with the more detailed design. Design schematics will include a new pedestrian crosswalk on the north leg of the intersection, pedestrian ramps, closure of the existing southbound left-turn lane, RRFB locations, and two alternatives with and without potential curb extensions on the northwest and northeast corners of the intersection. We will not proceed to the next phase of design until the preferred alternative is approved by both the City and MDT. Phase 4 - Preliminary Pedestrian Crossing Design This phase consists of all preliminary design tasks associated with the pedestrian crossing design. Subtasks under Phase 4 include the following: · Pedestrian crossing design will include closure of the existing southbound left-turn lane to provide a pedestrian median refuge area · Prepare plans and details for signing and striping, sidewalks, crosswalks, and ADA accessibility ramps. · Prepare RRFB design plans · Prepare special provisions and specification manual for bid documents · Quality control review and prepare Preliminary PS&E submittal for review by City of Bozeman and MDT Phase 5 – Final Pedestrian Crossing Design This phase consists of preparation of final plan drawings based on review comments from City of Bozeman and MDT. Subtasks under Phase 5 include the following: · Finalize pedestrian crossing design layout, plans and details for signing and striping, sidewalks, crosswalks, and ADA accessibility ramps. · Finalize RRFB design · Finalize special provisions and specification manual for bid documents · Finalize quality control review and prepare Final PS&E submittal for City of Bozeman and MDT · Coordinate with Northwestern Energy for electrical power service as needed 435 Task Order No. 008 December 24, 2024 Page 3 The following items are not expected to be needed for this project and are therefore specifically excluded from this scope of work: · Landscape restoration and irrigation plans (by special provision only) · Material testing · Construction staking · Construction Administration/inspection · Street lighting · Traffic signal/intersection design · Stormwater calculations and report · Stormwater Pollution Prevention Plan (SWPPP) permit · Right-of-way coordination · Wetland permitting and mitigation · Erosion control plans Fees and Billing Arrangements: Fee Phase 1 – Project Management & Coordination $4,500 Phase 2 – Survey & Mapping $2,800 Phase 3 – Schematic Pedestrian Crossing Design $3,500 Phase 4 – Preliminary Pedestrian Crossing Design $10,600 Phase 5 – Final Pedestrian Crossing Design $8,200 Total Fee $29,600 Sanbell will bill for its services on a fixed fee basis for a total of $29,600.00 as specified in the fee table above and attached detailed hourly breakdown. Sanbell shall submit invoices to the Client for work accomplished during each calendar month. The amount of each monthly invoice shall be determined on the “percentage of completion method” whereby Sanbell will estimate the percentage of the total work accomplished during the invoicing period. Project Schedule: The anticipated schedule for this project will be to submit the schematic design within one month of notice to proceed and Preliminary PS&E submittal within two (2) months of approval of preferred schematic design alternative by both City and MDT. 436 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitchell Overton, Director of Parks and Recreation SUBJECT:Adopt a Resolution to Authorize Change Order Two for Highland Construction for Glen Lake Rotary Park Parking Lot MEETING DATE:January 28, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize Change Order Two for Highland Construction for Glen Lake Rotary Park Parking Lot STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:Change order needed for additional seeding to cover area of disturbance at Glen Lake Rotary Park parking lot project. UNRESOLVED ISSUES:NA. ALTERNATIVES:Per Commission FISCAL EFFECTS:Additional $2747.25 will be allocated to this project from budgeted amounts appropriate for this scope of work. Attachments: GLRP_Change-Order-2_Resolution.docx Glen Lake Rotary Park - Change Order No. 2_signed (1).pdf Report compiled on: January 16, 2025 437 Version February 2023 RESOLUTION 2025-__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO AUTHORIZE CHANGE ORDER TWO WITH HIGHLAND CONSTRUCTION FOR GLEN LAKE ROTARY PARK PARKING LOT WHEREAS,the City Commission did, on April 1, 2024, authorize award of the bid for the Glen Lake Rotary Park Parking Lot Phase 1 to Highland Construction Services, LLC; and WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such alterations for modification of the specifications and/or plans of the contract be make by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations or modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman, a municipal corporation, and Highland Construction Services, LLC, as contained in Change Order No. 2, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ___________________, 20____. ___________________________________ TERRY CUNNINGHAM Mayor 438 Version February 2023 ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 439 Change Order No. 2PROJECT:Glen Lake Rotary ParkDATE OF ISSUANCE:December 27, 2024Phase 1 - Site PlanOWNER:City of Bozeman Parks & RecOWNER PROJ. NO.600 Bridger DriveBozeman, MT 59715CONTRACTOR:Highland Construction ServicesENGINEER:7400 Thorpe RoadBelgrade, MT 59714ENGINEER PROJ. NO.17055.02CONTRACT FOR:You are directed to make the following changes in th e Contract Documents. Purpose of Change Order: Explanation of Items:See page two for explanationAttachments:CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:Original Contract Price Original Contract Time$439,092.50 90days or date Previous Change Order No. 1 Net change from previous Change Orders$13,835.00 0days Contract Price prior to this Change Order Contract Ti me prior to this Change Order$452,927.50 90days or date Net INCREASE of this Change Order Net INCREASE of thi s Change Order$2,747.250days Contract Price with all approved Change Orders Contract Time with all approved Change Orders$455,674.75 90days or dateRECOMMENDED: ACCEPTED:by: ________________________________________by: ______________________________________________ SanbellDate Highland Construction Services DateAPPROVED:by: ________________________________________ City of BozemanDateSanbell (formerly Sanderson Stewart)To install Phase I Park Improvements in Glen Lake Rotary Park in Bozeman, MT.To provide additional hydroseedingN/APage 1 of 212/27/24 1/2/2025 440 Change Order No. 2PROJECT:Glen Lake Rotary ParkDATE OF ISSUANCE:December 27, 2024Phase 1 - Site PlanBid Quantity Dollar AmountItem DescriptionUnit Price Increase / Decrease Increase / DecreaseCO2-1 SF $0.45 6105.00 2,747.25$ -$ TOTAL NET INCREASE2,747.25$ Item No. CO2-1CHANGE ORDER NO. ONEEXPLANATION OF ITEMSHydroseeding was included Work Change Directive No. 1 , but additional area is needed due to a larger than anticipated area of disturbance. HydroseedingPage 2 of 2441 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of Transportation and Engineering SUBJECT:Snow Plowing Odd-Even Parking Pilot Program MEETING DATE:January 28, 2025 AGENDA ITEM TYPE:Administration RECOMMENDATION:Receive briefing from the Director of Transportation & Engineering on the city's upcoming Snow Plowing Odd-Even Parking Pilot Program. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:The needs and expectations of the people of Bozeman have changed, and with them shall we. In response to heavy public interest following recent snow events, the Department of Transportation & Engineering, in conjunction with the Streets Division, Parking Enforcement, and Communications, is excited to propose a Snow Plowing Odd-Even Parking Management Pilot Program for local streets located across downtown neighborhoods south of Main Street for the months of February through April 2025. The city has historically set level of service for local street snow plowing based on an expectation that each street receive plowing through use of motor graders equipped with snow gates once per week when accumulation exceeds 4". Streets Division budgets are then set for staffing, equipment, and fuel based on these expectations. Production rates for local street plowing are drastically affected by presence of on-street parking. Staff must have clear access to the curb so that snow can be stored in the boulevard snow storage area between curb and sidewalk. Residents are currently asked to relocate all cars off the street on their respective day of plowing, however, staff have recognized a significant reduction in this compliance and severe increases in time to complete their work. This leads to decreased service and a requirement to increase budgets for staff, equipment, and fuel if production rates cannot be increased. The proposed odd-even pilot program will adjust the standard for total removal of street parking by allowing vehicles to be parked on the side of the street with odd-numbered homes the 1st and 3rd week of the month 442 followed by allowing cars to be parked on the side of the street with even- numbered homes the 2nd and 4th week of the month. This will allow the Streets Division clear access to at least one side of the street on each day of grading while retaining parking capacity for those unable to relocate their vehicles off the street. The day of week for each area in the city will remain the same; for neighborhoods in the downtown area south of Main Street for which the pilot program is proposed, this will be Tuesday. Affected neighborhoods in the pilot program will be notified through a digital campaign along with direct mailings and door hangers. Parking Enforcement Officers will issue warnings to reinforce the proposed change but will not assess fees for non-compliance through the pilot program period. Staff will evaluate effectiveness of the program based on parking compliance and speed at which plowing is completed. If found to be effective, staff proposes to expand this regulation citywide for the 2025-2026 snow year. UNRESOLVED ISSUES:None ALTERNATIVES:As Suggested by the Commission FISCAL EFFECTS:Minor costs for communications will be covered under the approved FY25 Budget. Report compiled on: January 16, 2025 443 Memorandum REPORT TO:City Commission FROM: Susana Montana, Senior Planner Chris Saunders, Community Development Manager Erin George, Director of Community Development Renata Munfrada, Housing Division Manager David Fine, Economic Development Urban Renewal Manager Britt Fontenot, Economic Development Department Director SUBJECT: Ordinance 2025-### to Repeal and Replace Division 38.380 of the Bozeman Municipal Code in Support of Affordable Housing Production MEETING DATE:January 28, 2025 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION: Consider the Motion: Having reviewed and considered the staff report, draft ordinance, public comment, Economic Vitality Board and Planning Commission recommendations, and all information presented, I hereby adopt the findings presented in the staff report for application 24529 and move to approve the proposed Affordable Housing Ordinance 2025, as reflected in the staff report. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND: On August 20, 2024, the City Commission held a work session to consider amendments to the Bozeman Municipal Code (BMC) affordable housing program and its incentives to produce affordable housing. The City Commission directed staff to amend existing non-cash financial incentives for the production of below-market affordable dwelling units to respond to current market forces and to ensure affordability of targeted dwellings for 444 fifty (50) years rather than 30 years. The ordinance, if adopted as proposed, is expected to induce developers to incorporate below-market-rate dwellings within their market-rate housing or mixed-use development in the city. For more information see the Executive Summary and Appendix A in the attached staff report. The amendment applies to new subdivision, master site plan and site plan applications and to applications undergoing development review under Chapter 38 of the City’s Unified Development Code (UDC). Project documents are available at this direct link to the public Laserfiche folder for application 24529 with direct links to individual documents provided below: A draft of the replacement Affordable Housing Ordinance contains the proposed language for the Chapter 38 amendments. Additional materials are also available on the City’s Affordable Housing Dashboard UNRESOLVED ISSUES: Policy Issue: Whether the flexibility allowed by the citywide incentives of the revised 2025 Affordable Housing Ordinance (AHO) are too broad to be assured that utilizing the parking and height incentives on “in-fill” projects, in particular, would result in a project that may not be in “character” with the existing neighborhood or may have negative impacts on the site environs. Is this impact an acceptable exchange for the public benefit of providing long-term (50 years) affordable housing units within that development? ALTERNATIVES:See attached staff report. FISCAL EFFECTS:None at this time. Attachments: Affordable Housing Ordinance DRAFT for 01 28 25 CC mtg.pdf 24529 AHO update CC Staff Report 01 22 25.pdf Report compiled on: January 21, 2025 445 January 28, 2025, for City Commission Provisional Adoption Ord 2025-### Page 1 of 23 ORDINANCE 2025-### AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO REPEAL AND REPLACE DIVISION 38.380 OF THE BOZEMAN MUNICIPAL CODE FOR AFFORDABLE HOUSING; ESTABLISH A 50 YEAR AFFORDABILITY PERIOD; AMEND SECTION 38.540.050.A.1.B.(1) FOR PARKING STANDARDS; AMEND 38.700.170 DEFINITIONS TO AMEND THE DEFINITION OF AFFORDABLE HOME, REPEAL THE DEFINITION OF AFFORDABLE HOUSING, AND REPEAL THE DEFINITION OF YIELD STREET. WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304, and 76-3-102; and WHEREAS, the Economic Vitality Board held a public meeting on December 4, 2024, and, by a unanimous vote of 6 to 0, recommended to the Bozeman City Commission that the policy modifications included in the staff memorandum for the proposed amendments to the affordable housing ordinance be approved with the provisions that: (a) Incentive Types B and C have minimum parking requirements; and (b) that the 60 percent Area Median Income (AMI) affordable rental rates be reviewed every three years and be established based on the current AMI and other relevant metrics and housing needs data; and WHEREAS, after proper notice, the Community Development Board, acting in their role as the City’s zoning commission, held a public hearing on January 13, 2025, to consider the proposed amendments and made a recommendation to the City Commission that the amendments included in this ordinance be approved; and WHEREAS, after proper notice, the City Commission held its public hearing on January 28, 2025, to receive and review all written and oral testimony on the proposed amendment to the zoning regulations; and WHEREAS, the City Commission has reviewed and considered the recommendations of advisory bodies, including the zoning commission, public comment, the staff report, all information presented, and all applicable zoning text amendment criteria established in Montana Code 446 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 2 of 23 Annotated § 76-2-304 and finds the proposed amendments are [insert determination whether consistent 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’s 2018 Strategic Plan affirms that affordable housing is one of the city’s main strategic goals, stating in Goal 4.5: “Housing and Transportation Choices – Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes.” 2. The City’s 2019 Community Housing Needs Assessment finds additional housing, and more diversity in housing, is needed at prices residents can afford. The Needs Assessment also determined the city needs housing that provides choices, supports the ability to move to new locations as life circumstances change, and the ability for employers to fill jobs, recruit and retain employees. 3. The Bozeman Community Plan 2020 acknowledges that zoning and land use regulations are processes that influence the cost of housing. The Community Plan supports housing regulations that allow for a range of housing types intermixed in a given neighborhood, denser development, and efficiencies of various types that can help reduce housing costs. 4. The Bozeman Community Plan 2020 establishes goals, objectives and policies to increase the supply of affordable housing in the city including: Goal N-3, Policy N-3.3, which encourages the “distribution of affordable housing units throughout the city with priority given to locations near commercial, recreational and transit assets;” Policy N-3.8, which encourages the City to “promote the development of “Missing Middle” (side by side or stacked duplex, triplex, live- work, cottage housing, group living, rowhouses/townhouses, etc.) as one of the most critical components of affordable housing;” Policy M-1.12, which seeks to “eliminate parking minimum requirements in commercial districts and affordable housing areas and reduce parking minimums elsewhere, acknowledging that demand for parking will still result in new 447 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 3 of 23 supply being built;” and Policy EE-1.4, which seeks to “support employee retention and attraction efforts by encouraging continued development of affordable housing in close proximity to large employers.” 5. The Bozeman Community Plan 2020 encourages compact, contiguous development and infill development to achieve efficient use of land and infrastructure and reduce urban sprawl. 6. The 2020 Community Housing Action Plan defines community housing as: “homes those who live and work in Bozeman can afford to purchase or rent. This includes apartments, townhomes, condominiums, emergency shelters, accessory dwelling units, mobile homes and single dwelling homes – all dwelling types – serving the entire spectrum of housing needs.” 7. The 2024-2028 Community Development Block Grant (CDBG) Consolidated Housing Plan reinforced the issues identified in the 2019 Community Housing Needs Assessment, including increasing and preserving affordable rental opportunities as a top need in the community. 8. The Consolidated Housing Plan found that, in 2020, the rental vacancy rate was two percentage points below what is considered healthy for a market with adequate supply, underscoring the tightness in Bozeman’s rental market. Nearly 5,300 renters in Bozeman are cost-burdened and 1,880 homeowners are cost-burdened. 9. The City of Bozeman 2024-2028 Fair Housing Plan found that land development regulations that increase development costs make residential development overly expensive and can limit the supply of affordable housing. In some communities, this has a direct impact on racial and ethnic minorities, larger households and families with children, and persons living with disabilities because these groups are disproportionately represented among those residing in lower cost housing. Limits or prohibitions on multifamily housing or restrictions on household occupancy are examples of how land development codes can negatively affect the groups protected under the Fair Housing Act. 10. According to the 2024 Point-in-Time (PIT) Count, 409 individuals are experiencing homeless in Bozeman, which equals 20% of all residents experiencing homelessness in the State of Montana. Homelessness is increasingly related to rapidly rising rental housing costs relative to incomes, limited and low production of affordable housing units, and limited resources to serve low-income households. 11. The City has, through multiple iterations of its land use regulations spanning decades, made revisions to its development standards to support production of housing including: reducing land area per dwelling requirements, authorizing accessory dwellings in all residential zoning 448 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 4 of 23 districts, authorizing mixed-use buildings and apartment buildings in the majority of non- residential districts, reducing parking requirements, capping dedication of parkland, zoning the majority of residential areas for multiple dwelling buildings, limiting short term rentals to prevent diversion of units from the housing stock, increasing building heights in all residential districts, simplifying review processes, providing for concurrent construction of infrastructure and housing, and creating by-right approvals for regulatory compliant developments, among other actions. 12. The City facilitates housing development by undertaking comprehensive planning for land use, facilities, and services necessary to support housing development, and by establishing a capital improvement program to support timely installation of infrastructure which reduces delays in the ability to plat subdivisions and complete other development. 13. In 2021, the Montana State Legislature prohibited the City from adopting regulations that require housing fees or the dedication of real property for the purposes of providing housing for specified income levels or sale prices. As a result of the passage of HB 259, in 2022, the City adopted Ordinance 2105 to replace prior affordable housing requirements by offering incentives to property owners and developers willing to construct housing at levels of affordability consistent with the housing needs and goals identified in the Community Plan, the Community Housing Needs Assessment, and the Community Housing Action Plan. 14. According to the 2023 Bozeman Economic and Market Update, the increase in housing prices has significant implications for affordability, workforce attraction and retention, and quality of life. 15. Insufficient affordable housing supply within the city negatively impacts economic vitality, transportation networks, and sustainability. Affordable housing needs must be addressed to maintain a sufficient resident workforce in all fields of employment, and to ensure public safety and general welfare of city residents. According to the 2023 Bozeman Economic and Market Update, 7,400 households are at or below 60% of the area median income yet Bozeman only currently has 1,517 units of income restricted housing. 16. This Ordinance aims to create more housing options across the spectrum of need, more innovative and diverse development projects, dynamic and resilient neighborhoods, and to improve land use and public infrastructure efficiency. 17. This Ordinance is adopted pursuant to City’s self-governing powers, the city’s zoning authority, and the City’s police power to protect public health, safety, and general welfare. The 449 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 5 of 23 incentives codified in this Ordinance will advance the City’s efforts to provide more housing diversity at prices that residents can afford. 18. The staff report accompanying this Ordinance found the required criteria for a zoning code text amendment are satisfied, including that the Ordinance substantially complies with the 2020 Community Plan. 19. The City Commission determines the incentives provided in this Ordinance are compatible and consistent with all other provisions of Chapter 38 of the Bozeman Municipal Code. 20. The City Commission further determines the housing developed through the use of the incentives of this Ordinance will be compatible with existing and future uses and development in the City. 21. The required public hearings were advertised more extensively than required in state law and municipal code by publication in the Bozeman Daily Chronicle and the City of Bozeman’s Engage Bozeman website, and all persons had the opportunity to review the applicable materials and provide comment prior to a final decision. 22. The Bozeman Community Development Board acting as the City’s zoning commission conducted its public hearing according to state law and, after considering application materials, staff report, Economic Vitality Board comments, and all submitted public comments, recommended to the City Commission that this ordinance be approved as presented, as documented in the recording of their January 13, 2025 public hearing. 23. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide comment regarding this ordinance prior to the City Commission acting on the application. 24. The City Commission considered the application materials, staff analysis and report, zoning commission recommendation, all submitted public comment, and all other relevant information. 450 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 6 of 23 Section 2 That Division 38.380 (Affordable Housing) of the Bozeman Municipal Code is repealed in its entirety and replaced to read as follows: “Division 38.380. - Affordable Rental Housing Sec. 38.380.010. - Purpose A. The purpose of this division is to promote the public health, safety, and welfare by incentivizing increased production of affordable rental housing to meet the needs of city residents and businesses and the goals of the adopted growth policy and the community housing action plan and to maintain the affordability of housing. B. The purpose of this division is also to provide regulatory incentives to ensure housing affordability in new development and redevelopment. The incentives in this division require affordable rental rates and provide for an increase in the amount of affordable housing provided as a landowner increases the use of the incentives. The greater the incentives being requested the greater the affordability required. Sec. 38.380.020. - Applicability and Affordability Requirements A. The incentives in this 38.380 division 38.380 take the place of and supersede the applicable standards regualtions regulations of this chapter where a regulation of this chapter directly addresses the same subject otherwise provided in this chapter. All other provisions regulations of this 38.380 chapter 38 remain applicable including without limitation all processes, development standards, and definitions. The city retains the authority to approve, approve with conditions, or deny an application based on compliance with other regulations of this code but may not attach conditions to an approval that have the effect of negating the incentives provided in this division. The incentives in this division are in addition to the departures for housing creation provided in 38.320.070. B. The incentives in 38.380.040 may be approved in conjunction with a preliminary plat, master site plan, or site plan, that: 1. Contains or will contain dwellings that will be offered for rent or lease; and 2. Provides at least the minimum percentages of affordable dwellings in the development at rental rates affordable at no more than the maximum percentages 451 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 7 of 23 of the area median income (AMI) established in Tables 38.380.020-1, 2, and 3 of this division. C. Tables 38.380.020-1, 2, and 3 provide the required percentage of affordable dwellings, the affordability thresholds, and the duration of the affordability period for the types of housing to be constructed in a development in reliance on incentives: Table 38.380.020-1 Affordable Dwellings Required with Type A Incentives Type of Housing Minimum Percentage of Dwellings Maximum AMI Percentage for Rentals Duration of Affordability Period Single-Household Detached Dwelling ≥ 5% of Dwellings 80% of AMI ≥ 50 Years Single-Household Attached Dwelling (Rowhouses and Townhouses) ≥ 5% of Dwellings 80% of AMI ≥ 50 Years Multi-Household Dwelling ≥ 5% of Dwellings at or ≥ 8% of Dwellings at 60% of AMI or 80% of AMI ≥ 50 Years Table 38.380.020-2 Affordable Dwellings Required with Type B or C Incentives Type of Housing Minimum Percentage of Dwellings Maximum AMI Percentage for Rentals Duration of Affordability Period Single-Household Detached Dwelling ≥ 50% of Dwellings 80% of AMI ≥ 50 Years Single-Household Attached Dwelling (Rowhouses and Townhouses) ≥ 50% of Dwellings 80% of AMI ≥ 50 Years Multi-Household Dwelling ≥ 50% of Dwellings 60% of AMI ≥ 50 Years 452 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 8 of 23 D. Each affordable dwelling must be maintained as affordable pursuant to the adopted affordable housing plan and the compliance document required pursuant to 38.380.030 for no less than fifty (50) years. The affordability period begins to run at the issuance of a certificate of occupancy for each building wherein affordable dwellings are provided. For subdivisions that rely on an incentive, the affordability period does not begin at the time final plat is recorded; rather, the affordability period for each affordable dwelling begins at the time each affordable dwelling in the subdivision receives a certificate of occupancy. E. For the entire affordability period, except for adjustments as may be authorized pursuant to 38.380.070.A, an affordable dwelling must be rented only to persons whose household income is verified to not exceed the applicable AMI thresholds. F. An applicant may provide all or a portion of the required affordable dwellings on a site other than the site or parcel where the incentives are applied only if the affordable dwellings will be provided in the same development. G. Accessory Dwelling Units (ADU), short term rentals, and group living are not eligible to be used as affordable dwellings and cannot be considered as qualifying affordable dwellings. H. The following applies to previously approved annexations, subdivisions, or site plans that request to provide affordable dwellings in exchange for incentives as provided in this division: 1. A previously annexed but undeveloped parcel of land, a subdivision that has received final plat, or an approved site plan that received final approval prior to [insert effective date of enabling ordinance] and that has not previously received an incentive in return for commitments to provide affordable housing, may apply for the incentives in this division. The application for the previously undeveloped parcel must comply with the standards and procedures of this division. 2. Only the portion of the amended plat or site plan application, including associated code standards and conditions of approval, pertaining to the request for approval of one or more incentives will be subject to amended plat or site plan review. I. Assumptions and Calculations. 453 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 9 of 23 1. All references to area median income (AMI) are to the most recent AMI values for the city established by the U.S. Department of Housing and Urban Development (HUD). As HUD publishes updated AMI values, the values are immediately effective without further action by the city. The city may establish administrative rules and procedures for application and implementation of AMI in calculating maximum rental rates. 2. The maximum rental rates of an affordable dwelling are based on the AMI of a household and corresponding number of bedrooms within each affordable dwelling. The following establishes the maximum rental rate of each bedroom type based on the correlation between the number of bedrooms with the corresponding area median household income: a. Efficiency unit: AMI for a one-person household; b. One-bedroom dwelling: AMI for a two-person household; c. Two-bedroom dwelling: AMI for a three-person household; and d. Three-bedroom unit or larger: AMI for a four-person household. 3. If the calculation of the required number of affordable dwellings results in a fraction of an affordable dwelling, the developer must construct affordable dwellings equal to the next lower integer and either provide a cash-in-lieu payment for the additional fractional amount or construct an additional affordable dwelling. 4. Income averaging of the rental rates for affordable dwellings is allowed. Income averaging allows an applicant to establish affordable dwelling rental rates so the average rental rate for all affordable dwellings in a development meets the required AMI level. The city may establish administrative rules and procedures to implement income averaging. As an alternative, the applicant may use an income averaging procedure adopted by the Montana Board of Housing or the U.S. Department of Housing and Urban Development (HUD). Sec. 38.380.030. - Affordable Housing Plan Required A. For a development authorized pursuant to 38.380.020.B to request incentives under this division the applicant must submit an affordable housing plan at the time of submittal of the application for preliminary plat, master site plan, or site plan. The affordable housing plan, upon approval of the development, controls the rental rates and occupancy by income verified persons of all affordable dwellings within the development for the entire affordability period. B. A subdivision preliminary plat, master site plan, or site plan that requests incentives may not receive approval for the development until the affordable housing plan has been approved. 454 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 10 of 23 C. The affordable housing plan may shall be approved if the plan is in compliance with the standards and criteria in this division, including but not limited to the standards in 38.380.020 and any administrative procedures related to this division. D. An approved affordable housing plan binds the applicant and the applicant's successors in interest to comply with the plan for the duration of the affordability period. The approved affordable housing plan must be incorporated into a recorded restrictive covenant, deed restriction, or other document (referred to as the compliance document) acceptable to the city attorney, which implements the affordable housing plan. The compliance document must be recorded in the records of the Gallatin County Clerk and Recorder as follows: 1. For subdivisions where the incentives were requested and approved as part of the preliminary plat, the compliance document must be recorded with the final plat; and 2. For site plans, unless a compliance document was recorded with the subdivision, the compliance document must be recorded prior to the issuance of a building permit. The affordability period begins on the date of issuance of a certificate of occupancy. E. Contents of an Affordable Housing Plan. 1. A description of the requested incentives in 38.380.040. 2. The applicable AMI and maximum rental rates applicable to each affordable dwelling. 3. The total number of affordable dwellings, and market-rate dwellings in the development. 4. A narrative describing how the applicant will ensure the rental of the affordable dwellings is only to income verified people for the duration of the affordability period. In addition, the narrative must describe the management system the applicant will use to meet the above requirement. 5. A description of how each affordable dwelling will comply with the development standards of this division. 6. A description of common amenities or facilities the applicant will provide and how the applicant will ensure the occupants of the affordable dwellings will have the same access to such amenities or facilities. 7. A description of how each incentive will apply to each building within the development, regardless of whether the building contains affordable dwellings or market rate dwellings or both. 8. The number of bedrooms in each dwelling in the development. 455 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 11 of 23 9. Clearly identify on the preliminary site plan or preliminary plat the specific location of each affordable dwelling. 10. Information sufficient to determine the timing of construction and distribution of affordable dwellings and market-rate dwellings throughout the development. 11. If the development is to be constructed in phases, provide a description of how the affordable dwellings will be distributed among the phases including whether the applicant proposes to have any subsequent phase of market rate dwellings rely on affordable dwellings provided with earlier phases. 12. Any other information the review authority determines necessary to evaluate the compliance of the affordable housing plan with the requirements of this division. Sec. 38.380.040. - Incentives. A. The number of affordable dwellings must meet or exceed the minimum standards set forth in section 38.380.020 needed to qualify for the applicable incentive. Any incentive not requested in the affordable housing plan in 38.380.030 is waived. B. Incentives may be applied to dwellings: 1. In a residential-only development; or 2. In a mixed-use development. If the mixed-use development contains a mix of residential and nonresidential primary uses, the incentives in this section are only available if 50 percent or more of the gross floor area of the development contains residential uses. C. Type A Incentives (Table 38.380.020-1). The applicant may apply the incentives in this subsection as follows: 1. For single-household detached dwellings, a minimum lot size of 3,000 square feet. Alternatively, if the applicant demonstrates that all other applicable city regulations related to lot development, access, and utilities can be met, a minimum lot size of 2,500 square feet is allowed. 2. For single-household attached dwellings (townhouse or rowhouse): a. A minimum lot size of 2,200 square feet. Alternatively, if the applicant demonstrates that all other applicable city regulations related to lot development, access, and utilities can be met, a minimum lot size of 1,800 square feet is allowable. b. No minimum lot width, maximum lot coverage, or maximum floor area ratio requirement if the applicant demonstrates that all other applicable city regulations related to lot development, access, and utilities can be met. 456 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 12 of 23 c. A townhouse or rowhouse development that includes only dwellings of 1,200 square feet or less of livable square footage is exempt from a minimum on-site parking requirement but may provide one parking space located within a driveway area in the required front setback, provided that the building in which the dwellings are located is three or fewer stories in height. d. In addition to the above incentives, a townhouse or rowhouse cluster with four or fewer attached homes that includes only dwellings of 1,200 livable square feet or less in size is exempt from the following: i. Minimum lot size; ii. Lot coverage; iii. Floor area ratio; iv. Lot area per dwelling unit density standard; v. Lot width; and vi. Minimum parking requirement. e. For affordable housing developments in R-3, nine (9) additional feet of height, provided that if the development is adjacent to a lower intensity residential zoning district, the transition height setback provisions of 38.320.060.B apply. f. For affordable housing developments in R-4, five (5) additional feet of height, provided that if the development is adjacent to a lower intensity residential zoning district, the transition height setback provisions of 38.320.060.B apply. 3. For multi-household dwellings and mixed-use buildings: a. In all zoning districts: i. The residential off-site parking standards of 38.540.070.A may be expanded up to 1,000 linear feet from the commonly used entrance to the residential building. ii. Up to 80% of the residential open space requirements of 38.520.060 may be met by providing private balconies provided every affordable dwelling is provided a balcony and access to a ground floor common open space is provided for all residents. b. For affordable housing developments in the RS, R-1, R-2, R-3, RMH, R- 4, R-5, R-O, NEHMU, and B-1 districts, one additional story of height (maximum 15 feet per story), provided that if the development abuts a lower intensity residential district, the transition height setback provisions of 38.320.060.B apply. 457 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 13 of 23 c. For affordable housing developments in the UMU, REMU, B-2, B-2M, and B-3 districts, two additional stories of height (maximum 15 feet per story), provided that if the development is adjacent to a lower intensity residential zoning district, the transition height setback provisions of 38.320.060.B apply. d. Minimum motor vehicle parking requirement of one space per dwelling for all districts other than B-3; however, the bicycle parking standards and requirements of 38.540.050 remain applicable. e. Minimum motor vehicle parking requirement of 0.75 space per dwelling for B-3 district; however, the bicycle parking standards and requirements of 38.540.050 remain applicable. f. For affordable housing developments in R-3, R-4, R-5, R-O and RMH, the minimum area per dwelling standards in Table 38.320.030.A do not apply. g. For the M-1 zoning district: i. An apartment building in an M-1 zoning district is a principal use and the prohibition on locating residential uses on the ground floor of an apartment building in M-1 zone in Table 38310.040.C does not apply. ii. In determining the maximum allowable residential square footage of a development in M-1, Table 38.310.040.C fn6 is calculated for the development as a whole rather than per individual buildings. D. Type B Incentives (Table 38.380.020-2). If the applicant proposes to construct affordable dwellings that meet the standards in Table 38.380.020-2 in the same development as market-rate dwellings, the applicant may apply all of the following incentives to all buildings in the development in which 50 percent or more of the livable floor area contains residential uses: 1. For single-household detached dwellings: a. A minimum lot size of 2,000 square feet. Alternatively, if the applicant demonstrates that all other applicable city regulations related to lot development, access, and utilities can be met, a minimum lot size of 1,600 square feet is allowed. b. Off-street parking requirement of one space per dwelling. 2. For single-household attached dwellings (townhouses and rowhouses): a. A minimum lot size of 1,600 square feet. Alternatively, if the applicant demonstrates that all other applicable city regulations related to lot development, access, and utilities can be met, a minimum lot size of 1,400 square feet is allowed. 458 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 14 of 23 b. No minimum lot width requirement if the applicant demonstrates that all applicable city regulations related to lot development, access, and utilities can be met. c. Off-street parking requirement of one space per dwelling. A townhouse or rowhouse development that includes only dwellings of 1,200 livable square feet or less of livable square footage is exempt from a minimum on-site parking requirement, but may provide one parking space located within a driveway area in the required front setback, provided that the building in which the dwellings are located is three or fewer stories in height. d. For affordable housing developments in R-3, nine (9) additional feet of height, provided that if the development is adjacent to a lower intensity residential zoning district, the transition height setback provisions of 38.320.060.B apply. e. For affordable housing developments in R-4, five (5) additional feet of height, provided that if the development is adjacent to a lower intensity residential zoning district, the transition height setback provisions of 38.320.060.B apply. 3. For multi-household dwellings and mixed-use buildings: a. When incentives are requested, the building height of any building in the development is limited to that permitted in the zoning district or four stories, whichever is less and the maximum number of dwellings in a single building is limited to that permitted in the zoning district or 36 dwellings, whichever is less. b. ADA parking spaces must be provided in accordance with applicable building codes. c. In addition to the ADA parking required, a minimum of .25 vehicle parking spaces per dwelling are required. One short-term parking space located at the main building entrance must be provided and identified as a loading zone. d. Bicycle parking standards and requirements of 38.540.050 apply. The number of secure bicycle racks provided must exceed or be equal to 50 percent of the number of dwellings within the development. e. For multi-household dwellings and mixed-use buildings in all zoning districts the minimum lot area per dwelling does not apply. f. For the M-1 zoning district: i. An apartment building in an M-1 zoning district is a principal use and the prohibition on locating residential uses on the ground floor of an apartment building in M-1 zone in Table 38310.040.C does not apply. 459 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 15 of 23 ii. In determining the maximum allowable residential square footage of a development in M-1, Table 38.310.040.C fn6 is calculated for the development as a whole rather than per individual buildings. E. Type C Incentives (Table 38.380.020-2). If the applicant proposes to construct affordable dwellings that meet the standards in Table 38.380.020-2 in the same development as market-rate dwellings, the applicant may apply the following incentives to all buildings in the development in which 50 percent or more of the livable floor area contains residential uses: 1. For single-household detached dwellings: a. A minimum lot size of 2,000 square feet. Alternatively, if the applicant demonstrates that all other applicable city regulations related to lot development, access, and utilities can be met, a minimum lot size of 1,600 square feet is allowed. b. Off-street parking requirement of one space per dwelling. 2. For single-household attached dwellings (townhouses and rowhouses): a. A development that proposes a single grouping of two townhouses or rowhouses is a principal use in the R-1, RS, and RMH zoning districts. b. A minimum lot size of 1,600 square feet. Alternatively, if the applicant demonstrates that all other applicable city regulations related to lot development, access, and utilities can be met, a minimum lot size of 1,400 square feet is allowed. c. No minimum lot width requirement if the applicant demonstrates that all applicable city regulations related to lot development, access, and utilities can be met. d. Off-street parking requirement of one space per dwelling. A townhouse or rowhouse development that includes only dwellings of 1,200 square feet or less of livable square footage is exempt from minimum on-site parking requirements, but may provide one parking space located within a driveway area in the required front setback, provided that the building in which the dwellings are located is three or fewer stories in height. 3. For multi-household dwellings other than those in paragraph 2 above and mixed- use buildings: a. One additional story of height (maximum 15 feet per story) beyond that allowed in the RS, R-1, R-2, R-3, or RMH zoning district. b. Two additional stories of height (maximum 15 feet per story) beyond that allowed in the R-4, R-5, R-O and B-1 zoning districts, provided that where any building in the development which utilizes building height incentives 460 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 16 of 23 abuts a lower intensity residential zoning district, the transition height setback provisions of 38.320.060.B apply. c. Four additional stories of height (maximum 15 feet per story) beyond that allowed in the UMU, REMU, B-2, B-2M, and B-3 zoning districts provided that where any building in the development which utilizes building height incentives abuts a lower intensity residential zoning district, the transition height setback provisions of 38.320.060.B apply. d. ADA parking spaces must be provided in accordance with applicable building codes. e. In addition to ADA parking spaces, a minimum vehicle parking requirement of 0.5 space per dwelling is required. One short-term parking space located at the building entrance must be provided and identified as a loading zone. f. Bicycle parking standards and requirements of 38.540.050 apply. The number of bicycle racks provided must exceed or be equal to 50 percent of the number of dwellings within the development. g. For multi-household dwellings and mixed-use buildings in all zoning districts the minimum lot area per dwelling does not apply. h. For the M-1 zoning district: i. An apartment building in an M-1 zoning district is a principal use and the prohibition on locating residential uses on the ground floor of an apartment building in M-1 zone in Table 38310.040.C does not apply. ii. In determining the maximum allowable residential square footage of a development in M-1, Table 38.310.040.C fn6 is calculated for the development as a whole rather than per individual buildings. Sec. 38.380.050. - Development Standards for Affordable Dwellings A. The affordable dwellings must be constructed with the same features, such as appliances, as market-rate dwellings within the same development but the quality of the features may vary between market rate and the affordable dwellings. B. The mix of bedrooms per unit in affordable dwellings must be as similar as possible to the mix of bedrooms per unit of the market-rate dwellings in the development. C. A one-bedroom dwelling must include a bedroom separated from other living areas of the dwelling by a solid door. For the purposes of this division, a one-bedroom dwelling must be greater than or equal to 450 square feet of floor area. 461 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 17 of 23 D. Access to shared amenities, other than parking, by residents of the affordable dwellings must be the same as those in market-rate dwellings in the development and the cost of any such amenity must be included in the required affordable rental rate. E. All the affordable dwellings required to be developed pursuant to this division must be completed and a certificate of occupancy issued prior to or at the same time as the market- rate dwellings. The timing of construction and distribution of affordable dwellings throughout a development must be approved in the affordable housing plan. F. For multiple-phase developments or developments with more than one building: 1. All affordable dwellings must be constructed prior to the issuance of a building permit for a building that consists exclusively of market-rate dwellings or at the same time as market-rate dwellings that use the incentives of this division. In addition to 38.380.050.E, an applicant may be issued a certificate of occupancy for market rate dwellings in buildings that do not contain affordable dwellings only if the market rate dwellings are issued a certificate of occupancy at the same time or after certificates of occupancy are issued for affordable dwellings and only for market rate dwellings in proportion to the number of affordable dwellings. constructed prior to the issuance of a building permit for a building that consists exclusively of market-rate dwellings or at the same time as market rate dwellings that use the incentives of this division. 2. An applicant may use the incentives provided by affordable dwellings in a previous phase of a development in a subsequent phase that consists of market-rate dwellings. Sec. 38.380.060. - Alternatives for Land Donation and Cash-in-Lieu As an alternative to constructing the affordable dwellings required by 38.380.020, the applicant may qualify for the incentives listed in 38.380.040 by: A. An applicant may donate one or more parcels of land within the city limits to the city for the purpose of building affordable dwellings, subject to the following: 1. The donated land may be one or more undeveloped parcels or ready-to-build lots, but must be capable of buildingbeing used as the site of residential dwellings that meet the standards of this division. All donated land will be used only to support the creation or preservation of affordable dwellings. 2. The value of the donated land must be equal to or exceed the cost of designing, obtaining land use and building approvals for, installing or upgrading infrastructure 462 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 18 of 23 for, and constructing the number of affordable dwellings the applicant would otherwise be required to provide in return for the requested incentives in 38.380.040, as established by an independent valuation and economic report dated no less than one year prior to transfer of the ownership of the land to the city and produced by one or more independent firms selected by the city and paid for by the applicant. 3. The city commission must approve the donation of land pursuant to 2.08.100. B. An applicant may provide a cash-in-lieu payment to the city’s community housing fund. The review authority may establish administrative rules and procedures for the calculation and implementation of a cash-in-lieu program. The city must use all cash-in-lieu funds to support the creation or preservation of affordable dwellings. The following apply to payment of cash-in-lieu: 1. For each affordable dwelling required by 38.380.020, but not provided, the cash- in-lieu amount will be established based on a per dwelling price adopted by resolution of the commission. 2. The per dwelling amount must be based on the difference between the average new construction rental rate for apartments in the city and the established affordable rental rate calculated over the course of 20 years. 3. The cash-in-lieu amount must be determined on the number, type of dwellings, and mix of bedrooms identified as affordable in the affordable housing plan and proposed to be constructed. 4. Cash-in-lieu payments must be paid prior to issuance of a building permit for any dwelling in the development. Sec. 38.380.070. – Administration A. The applicable review authority shall enforce all rules and regulations, and take all actions necessary for the effective operation and enforcement of this division, unless such authority is expressly reserved to the city commission or another city official, including but not limited to: 1. Promulgate any rule or regulation necessary to the operation and enforcement of this division, including but not limited to maintenance of the affordable dwellings, periodic reporting, and notice and tenant protections in the event of foreclosure. 2. Adopting application, monitoring, reporting forms, compliance documents, and obtaining any other information required from applicants for implementation of this division. 463 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 19 of 23 3. Establishing standards for determining AMI requirements, including income- averaging, and calculating and making available to the public the AMI required to qualify for the various incentives listed in this division. 4. Establishing standards for the qualification of renters, ongoing income verification and eligibility, primary occupancy requirements, and reporting and performance of property management entities. 5. Establishing standards that would allow the review authority to approve an upward adjustment of the AMI standards for renter qualification if an affordable dwelling remains vacant for more than 30 calendar days and no person qualifying within the required AMI applies for the affordable dwelling. 6. Monitoring compliance with this division, notifying the subdivider, applicant, or current owner of the property of noncompliance, and ordering compliance, including imposing sanctions permitted by this division. B. All rules and regulations established by the applicable review authority are subject to city commission review and modification. Sec. 38.380.080. - Noncompliance and Sanctions A. If the city determines an applicant, its successor, or the current owner of a property fails to comply with any requirements of the affordable housing plan, or the requirements of this division, or with the provisions of a compliance document, the applicable review authority must notify the applicant, its successor, or the current owner of the property of the noncompliance in writing and order compliance. Notification must describe the date by which the person or entity must be in full compliance and must describe the nature of the noncompliance and the sanctions for noncompliance. B. In addition to other remedies available to the city pursuant to this chapter, if the person or entity remains in noncompliance on the date by which compliance was required, the city may impose one or more sanctions, including but not limited to the following: 1. Issuing a civil penalty pursuant to 24.02.040; 2. Enforcing the requirements of the compliance documents; 3. Withholding or revoking building permits; 4. Issuing stop-work orders; 5. Withholding or revoking certificates of occupancy; and 6. Any other sanction available under local, state, or federal law.” 464 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 20 of 23 Section 3 That Section 38.540.050.A.1.b(1) of the Bozeman Municipal Code be amended as follows: “Affordable dwellings housing. When calculating the amount of required parking for affordable dwellings housing, as defined in section 38.700.020, of this chapter if the project is guaranteed for use as affordable housing for a minimum period of 30 years and the use as affordable housing is subject to long term monitoring to ensure compliance and continued use as affordable housing, required parking spaces must be calculated based on number of bedrooms outlined in Table 38.540.050-1, but may not exceed 1.5 spaces per unit. if the project is subject to an approved affordable housing plan, then required parking spaces must be provided pursuant to division 38.380.” Section 4 That Division 38.700 of the Bozeman Municipal Code be amended as follows: 1. That the definition of “affordable home” in 38.700.020. – A definitions be amended as follows: “Affordable dwelling home. A residential dwelling unit for rent or purchase that a subdivider or developer has committed to making affordable as an affordable home at the AMI levels to qualify for the incentives in pursuant to 38.380. 2. That the definition of “affordable housing” in 38.700.020. – A definitions be repealed. 3. That the definition of “yield street” in 38.700.170. - S definitions (subsection 9 within the definition of "Street Types") is hereby repealed. Section 5 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 6 Savings Provision. 465 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 21 of 23 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 7 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 8 Codification. This Ordinance shall be codified as appropriate in Sections 2 – 4. Section 9 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 _____ day of ________________, 2025. ____________________________________ TERENCE CUNNINGHAM Mayor ATTEST: 466 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 22 of 23 ____________________________________ 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 ____________________, 2025. The effective date of this ordinance is __________, __, 2025. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: 467 January 28, 2025, for City Commission Provisional Adoption Ordinance 2025-XX Page 23 of 23 _________________________________ GREG SULLIVAN City Attorney 468 Page 1 of 64 Project 24529; City Commission Staff Report for the Bozeman Municipal Code (BMC) Division 38.380 Affordable Housing Text Amendment-- Ordinance 2025-### Public Hearings: Community Development Board meeting – January 13, 2025. City Commission public hearing – January 28, 2025. Project Description: Repeal Bozeman Municipal Code (BMC) Division 38.380, Affordable Housing, and replace it in its entirety with an amended Division 38.380, Affordable Housing. See Appendix B on page 42 for a summary comparison of the incentives offered by the current Affordable Housing provisions of Division 38.380 and the proposed AHO incentives. Project Location: The Ordinance is applicable City-wide. Recommendation: The proposed Affordable Housing Ordinance amendment to the Bozeman Unified Development Code (UDC) meets the Section 38.260.010 Zoning Text Amendment criteria for approval as noted below in Section 2. Economic Vitality Board Motion: Having heard the staff presentation and considered public comment, and all information presented, the Board made the following two recommendations to the City Commission: (1) Both Type B and C incentives should have a minimum parking requirement and (2) the 60% of AMI affordability level should be evaluated every three years and should be based on HUD-AMI data as well as other metrics and information (please see the Economic Vitality Board discussion on page 7 below). Community Development Board Motion: Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Economic Vitality Board, and all information presented, the Community Development Board acting as the Zoning Commission, adopts the findings presented in the staff report for application 24529, and moves to recommend approval of the proposed Affordable Housing Ordinance 2025, as reflected in the staff report (please see the Community Development Board discussion on page 9 and Appendix C below). City Commission Recommended Motion: Having reviewed and considered the staff report, draft ordinance, Economic Vitality Board and Planning Commission recommendations, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24529 and move to approve the proposed Affordable Housing Ordinance 2025, as reflected in the staff report. 469 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 2 of 64 Report: January 21, 2025 Staff Contact: Susana Montana, Senior Planner, Community Development Department David Fine, Economic Development Department, Housing Manager Agenda Item Type: Action – Legislative TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 3 Project Summary ................................................................................................................. 4 Public Comment.................................................................................................................. 6 Economic Vitality Board and Planning Commission Comments ....................................... 7 Alternatives ......................................................................................................................... 7 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10 SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ..................... 11 Section 76-2-304, MCA (Zoning) Criteria………………………………………………12 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 27 APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION .............. 29 APPENDIX B - COMPARISON OF CURRENT DEEP AND SHALLOW INCENTIVES WITH PROPOSED TYPE A, B AND C INCENTIVES……………………………………42 APPENDIX C - COMMUNITY DEVELOPMENT BOARD COMMENTS………………57 APPENDIX D -- NOTICING AND PUBLIC COMMENT................................................... 61 APPENDIX E - APPLICANT INFORMATION AND REVIEWING STAFF ..................... 64 FISCAL EFFECTS ................................................................................................................. 64 ATTACHMENT LINKS ........................................................................................................ 64 470 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 3 of 64 EXECUTIVE SUMMARY This report is based on the proposed ordinance text, advisory board recommendations, Planning Commission recommendations, public comment received to date, and staff evaluation of zoning text amendment criteria of Section 76-2-304 Montana Code Annotated (MCA). The ordinance is for rental housing only. For-sale housing would be added at a later date. Policy Question The 2021 state legislature adopted House Bill 259 which forbid the city to require developers to build affordable housing as part of their project. The city is now only allowed to use incentives to encourage rather than mandate the construction of affordable housing. A 2021 analysis of the costs of building housing of various types prepared by the housing economics firm, Root Policy Research, suggested that various zoning code incentives provided to housing developers would make economically feasible a certain amount of long-term affordable housing at specific designated affordability levels. The current and proposed affordable housing ordinance (AHO) places an emphasis on affordable housing as a public benefit in exchange for the flexibility allowed through the allowance of various zoning incentives such as relief from lot size, density, parking and building height limits. The City Commission adopted a replacement for the outlawed Inclusionary Zoning AHO, by Ordinance 2105, on October 27, 2022. The new AHO uses non-cash financial incentives through the Unified Development Code as a voluntary incentive to create affordable housing. Since the current 2022 AHO has been in effect, 12 residential developments have qualified for and taken advantage of its incentives, resulting in 1,005 income-restricted affordable dwelling units committed to be income-restricted for a period of 30 years. One policy issue revolves around whether the flexibility allowed by the citywide incentives of the 2022 Affordable Housing Ordinance (AHO) are too broad to be assured that utilizing the parking and height incentives on “in-fill” projects, in particular, would result in a project that may not be in “character” with the existing neighborhood or may have negative impacts on the site environs. Is this impact an acceptable exchange for the public benefit of providing long-term (30 or 50 years) affordable housing units within that development? The projects utilizing the incentives on undeveloped (“greenfield”) or redeveloping sites have generally been deemed successful in providing affordable units while creating a new mass and scale “character” in its environs or in matching the scale and massing of nearby apartment complexes in developing areas of the city such as its northwest and southwest edges. The proposed AHO seeks to remedy or reduce perceived negative impacts of incentives on both in-fill and greenfield sites while preserving, conserving or building new affordable housing. Please see Appendix A of this report for more information on efforts by the city in providing affordable housing. 471 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 4 of 64 Project Summary Proposed Affordable Housing Ordinance Incentives The proposed Affordable Housing Ordinance is a proposal to amend the land use regulations of Chapter 38, Unified Development Code (UDC) of the Bozeman Municipal Code (BMC) in support of affordable rental housing production. The proposed amendments will affect land use, lot size, residential density, building height, and parking standards for targeted residential and mixed-use districts. The amendment applies to new development and applies to projects undergoing development review under Chapter 38 of the City’s Unified Development Code (UDC) and which, by the effective date of the ordinance, has reached “adequacy” in this review. The amendment would repeal the current UDC Division 38.380, Affordable Housing, in its entirety and would replace it with a new set of standards addressing: (1) incentives to build below-market-rate affordable rental dwelling units in the city; (2) criteria and qualifications for the granting of the incentives; (3) clarification of administration of the affordable housing program; (4) extension of the duration of affordability for subject dwellings from thirty (30) years to fifty (50) years; (5) establishing the minimum percentage of affordable dwellings per project and the maximum rental rate measured by the Bozeman Area Median Income (AMI); and (6) establishing four (4) options of non-cash financial incentives to produce below-market- rate affordable dwellings in the city. Please see Appendix B for a comparison of the current and proposed AHO incentives and Attachment A for a link to the entire proposed revised AHO ordinance and Attachment B for a link to the current Affordable Housing Ordinance No. 2105. The current AHO offers two types of incentives: Shallow Incentives and Deep Incentives. The proposed AHO re-names and amends the two types of incentives as Type A Incentives, Type B Incentives, creates a third set of incentives called Type C Incentives, and creates a fourth option called Off Site Contribution in which a developer utilizing the incentives may request to pay cash- in-lieu to the affordable housing fund or donate buildable land to the city for the production of affordable housing rather than provide the affordable units on-site within the subject development. The city would establish administrative procedures for the application and implementation of a cash-in-lieu program. The city would use all cash-in-lieu funds to support the creation or preservation of affordable dwellings. 472 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 5 of 64 Overall. based on City Commission guidance at an August 20, 2024, work session, on Advisory Board and Planning Commission recommendations and public comments received to date, the proposed AHO addresses these comments and recommendations by: (1) reducing the building height and parking incentives offered for affordable housing projects; (2) extending the affordability term from 30 years to 50 years; (3) lowering the affordability level from 80% of AMI to 60% of AMI; (4) requiring a greater number or percent of affordable units in a development in exchange for the greater incentives; (5) incorporating development standards for the affordable dwellings within a market-rate development to insure equity in construction and amenities; (6) specifying the contents of the mandated Affordable Housing Plan for projects using incentives; and (7) clarifying Assumptions and Calculations for affordable units and for the Administration and Compliance of the AHO program, The changes to the current AHO Section 38.380 generally lower or reduce the development incentives offered to market-rate developers in exchange for providing a greater number of affordable units at a lower AMI rental rate and for a longer period of time. The remaining incentives were carefully designed, based on experience and data, to respond to market conditions, such as land, material and labor costs and demand for specific housing types, and to offer the specific development incentives to make inclusion of the affordable units financially feasible. The proposed amendments replace in its entirety the provisions of Division 38.380 of the Unified Development Code (UDC) as well as: (1) Section 38.540.050.A.1(b)(1) which clarifies the parking for developments using the incentives of 38.380; and (2) amends Section 38.700, Definitions, to clarify the definition of an affordable home relative to 38.380. All other provisions of the current Ordinance 2105 remain in effect including: (1) 38.200.010 placing the review authority for affordable housing projects of 38.380 to the Director of Economic Development; (2) 38.270.030. Completion of Improvements (concurrent construction); (3) the citywide provisions of Tables 38.310.030.A (permitted residential uses), 38.320.030.A (lot area), 38.320.030.B (lot width) and 38.360.040 (ADUs); 473 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 6 of 64 (4) 38.320.060 Zone Edge Transitions; (5) 38.340.040 Neighborhood Conservation Overlay District Certificate of Appropriateness; (5) 38.360.120.A and 38.360.120.C, Cottage Housing; (6) 38.410.030.G, Lot Depth; (7) 38.420.020.A, Parkland dedication; (8) 38.540.050.A.1 and Table 38.540.050-1, Parking; (9) 38.700.050.D, Definitions of “Developer”; and (10) 38.700.090.G, Definition of Household. Note that the provisions of concurrent construction of infrastructure is not explicitly stated in the revised 38.380, it remains a provision of the UDC and remains available to qualifying applicants. Likewise, the provisions, processes, standards and guidelines of 38.340.040 Neighborhood Conservation Overlay District Certificate of Appropriateness remain in effect and are not changed by this revised 38.380. Broad Issues Limited housing opportunities within the city negatively impacts economic development, transportation networks, and sustainability. Lack of housing directly effects many areas of life for Bozeman citizens including health, economic and social stability, and wellness. Affordable housing needs must be addressed to maintain a sufficient resident workforce in all fields of employment. To ensure the public safety and general welfare of the residents of the city, affordable housing needs must be addressed. See Appendix A for a history of city efforts to provide safe, sanitary, and affordable housing to its residents. The purpose of incentives is to encourage and enable construction of housing that would be unlikely or impossible without the incentives. The incentives codified in this ordinance will advance the city's legitimate interest in assuring that additional housing is built in the city. This ordinance is proposed pursuant to the city's self-governing powers, the city’s zoning authority, and the police power to protect public health, safety, and general welfare. Public Comment The Economic Development Department’s Housing Team hosted an open house to discuss options for amending the current Affordable Housing Ordinance (AHO). Staff presented a slide show on housing issues and options for incentives toward supporting low-income-affordable housing in the city and they queried participants as to their preferences of incentives that could be offered developers of affordable housing or mixed market-rate and affordable housing projects. Staff also hosted a short on-line and “hard copy” survey to query residents about their concerns and 474 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 7 of 64 preferences for incentives to offer in an updated AHO. The AHO survey is closed now and the results are now available in the Resource Documents section on AHO Engage Bozeman along with written comments received at the Open House. The Economic Development staff’s open house slide show as well as Mayor Cunningham’s housing presentation slide show can be viewed in the Resource Documents section of that webpage. Continuing written public comments on this draft AHO will be archived and available through the “Community Development & Specific Projects” folder in the City’s Laserfiche archive for both 2024 and 2025. Due to the December 21st publication date of the public notice, one comment on this draft AHO is archived in the 2024 folder here and is the last comment letter at the bottom dated 12/27/24. The remaining comments received after the public notice publication date can be found in the 2025 Community Development & Specific Projects folder in the Affordable Housing Ordinance subfolder here. Comments provided orally at City Hall public meetings are available through the recordings of those meetings. Links to recordings are noted in this report following the pertinent discussion. For general public comments about affordable housing in the city go to this link or: https://weblink.bozeman.net/WebLink/Browse.aspx?id=286701&dbid=0&repo=BOZEMAN Economic Vitality Board The Economic Vitality Board (EVB) has the duties of the advising on housing policy in the city. The EVB discussed the elements of the proposed AHO revision on December 4, 2024. There were two persons providing oral public comment at the meeting and six persons commenting in writing in advance of the meeting. The oral public comments included the following topics: 1. It was stated that the current AHO program fails to provide a benefit to the city, and it is anticipated that the update will also fail. It destroys the historic character and sense of place where the incentives are granted; for example, the Guthrie (located at N. 5th Avenue at Villard), Block B (511 E. Babcock) and the Yard (Tamarack and Front Streets) projects. 2. A citizen provided written comments to the EVB in which he proposes a 3-step program to improve the city’s affordable housing program. 3. The Ability Montana organization stated that they urge the AHO to provide accessible parking close to the development project entrances; a “drop off zone” is inadequate. The speaker urged the Board to review the Belonging in Bozeman accessibility recommendations. The written comments to the EVB can be found at this link. The video recording of the EVB can be found here. The Affordable Housing agenda discussion begins at 9:14 in the recording. Public Comment begins beyond that at 1:38 in the recording. Questions to staff begin at 28:30 in the 475 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 8 of 64 recording. Board discussion begins at 57:10 in the recording. The Board voted 6-0 in favor of each of three motions recommending approval of the ordinance with amendments. The EVB discussion of the proposed AHO update included the following topics: 1. Build in review of the Area Median Income (AMI) affordable levels every two years or so due to changes in the HUD-designated income levels and market conditions in Bozeman such as housing need/demand and housing production needs. 2. Type C no parking requirement; what is the ADA parking requirement if no parking is required? 3. Will change in the incentives affect existing affordable housing projects in the pipeline? 4. What areas or zoning districts would a 7-story building be allowed with the Type C incentives? 5. Types B and C should have a minimum parking requirement. 6. Affordable dwelling unit size should be a quality, livable space. 7. Concern with the cash-in-lieu option that no affordable housing will result. After discussion by the Board, three separate motions were made, seconded, and approved unanimously, 6 to 0 to recommend to the City Commission the following amendments to the AHO proposal: Motion 1: The Type C incentive should have a minimum parking requirement. Motion 2: Both Type B and C incentives should have a minimum parking requirement. Motion 3: The 60% of AMI affordability level should be evaluated every three years and should be based on HUD-AMI data as well as other metrics and information. Staff response to the EVB recommendations. The proposed AHO now proposes minimum vehicle and bicycle parking requirements for all housing types except Types A and B Incentives which exempt townhouse or rowhouse dwellings of 1,200 square feet of livable space or less from on-site parking. The small townhouse and rowhouse is deemed a suitable match for the city’s “missing-middle”/ workforce housing demand and staff opines that the exemption of parking for this type of housing would facilitate its development, particularly in new subdivisions or other “greenfield” sites. Additional flexibility is provided for parking placement if the developer chooses to use it. Sections 38.380.020.I, Assumptions and Calculations and 38.380.070.A.1, Administration, of the proposed AHO establishes procedures for review of AMI requirements as used in this Division. Staff opines that these administrative provisions enable the review and use of 476 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 9 of 64 standard metrics other than U.S. Department of Housing and Urban Development (HUD) AMI for Bozeman, if appropriate and anticipates the metrics will be reviewed annually. Community Development Board, acting as the Planning Commission The Community Development Board, acting as the Planning Commission, held a public meeting on Monday, January 13, 2025, to discuss the proposed AHO and make a recommendation to the City Commission. Fine of the Economic Development Department, the Board asked questions of staff and shared their comments and opinions including the following summary. The specific questions and discussions are noted in Appendix C of this report. • Not comfortable with “one size fits all” approach in that the ordinance allows the same incentives for in-fill sites and greenfield sites. Can the city differentiate between in-fill and greenfield development in granting incentives such as the parking exemptions? • Is concurrent construction still available with this ordinance? • Type B and C incentives should have a minimum of one parking space required or should have a requirement of a parking study for the development to identify the impact of lesser parking to on-street parking resources in the area. The parking study requirement could be required of in-fill development rather than developments on the outskirts of town. • Type B or C incentives—limit them both to 4 stories and 36 dwelling units max. • Do the incentives for housing in the M-1 district apply to the NEHMU? There is talk that the NEHMU would be rezoned as an M-1 district. • Due to changes in workforce income, rent levels at the current 80% of AMI is not “affordable”; setting the rent levels at 60% is good. • The AHO should not change any UDC provision that allows the City Commission to reclaim a development application that seeks to use the incentives. • There is concern that landowners seek to rezone properties within established lower density neighborhood to the B-2M district which this AHO would allow four additional stories; this would be out of scale with the neighborhood. • The City Commission should be required to approve a cash-in-lieu option. • The impacts of a particular development using incentives on its environs (parking, scale) should be evaluated and stated in any approval document. • The parking incentives are appropriate to facilitate production of affordable housing. • The applicant using incentives in their project should hold a neighborhood meeting to inform the neighbors of the proposal. • The Type C incentives would allow 6 story buildings in the REMU districts and 8 story buildings in the B-2M districts. • Concern with maintenance of the units/ affordable buildings over the 50-year affordability period. 477 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 10 of 64 • This AHO is a compromise regarding public concerns with the current AHO and is an acceptable trade-off. Commissioner Madgic made the following Motion which was seconded by Board Member Lloyd. The Motion passed five to two (5 to 2) with Commissioner Madgic and Board Member Egnatz dissenting. Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Economic Vitality Board, and all information presented, the Community Development Board acting as the Zoning Commission, adopts the findings presented in the staff report for application 24529, and moves to recommend approval of the proposed Affordable Housing Ordinance 2025, as reflected in the staff report. Alternatives 1. Do not adopt the ordinance as presented, based on findings of non-compliance with the applicable zoning text amendment criteria contained within the staff report; 2. Do not adopt the ordinance and direct staff to make the following changes to the text: a. Establish a minimum parking requirement for all Types of incentives; and/or b. Include other (specific) amendments to address issues identified or recommendations made by advisory bodies or public comments; or 3. Continue the public hearing on the application, with specific direction to staff to supply additional information or to address specific items. SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zoning text amendment, the Staff finds the proposed AHO replacement of UDC Section 38.380 meets the minimum criteria for approval as proposed and, therefore, recommends approval of the application as submitted. The city’s Development Review Committee (DRC) reviewed and considered the amendment and did not identify infrastructure deficiencies associated with the proposed amendment. The Economic Vitality Board (EVB) held a public meeting to discuss these amendments on December 4, 2024. As noted above, the Board unanimously (5 to 0) recommended the proposed AHO be adopted with minimum parking requirements for Type B and C incentives and recommended that the AMI household income levels be evaluated every three years for relevancy to Bozeman’s affordable housing needs. These recommendations have been incorporated into the proposed AHO as presented. A link to the video recording of the EVB meeting is here. 478 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 11 of 64 The Community Development Board (CDB), acting as the Planning Commission pursuant to 76.2.304 MCA, considered the proposed AHO at a January 13, 2025, public meeting and recommended approval of the AHO as presented by a vote of 5 to 2. The CDB comments on the proposal are summarized above. A link to the video recording of the CDB meeting is here. The City Commission will hold a public hearing on the text amendment on January 28, 2025, at 6:00 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. Remote electronic participation may also be available. Instructions for participating remotely will be included on the meeting agenda. The agenda is available in the Events portion of the City’s website at https://www.bozeman.net/home at least 48 hours prior to the meeting. At the City Commission’s public hearing the City Commission may act to approve, modify, or reject the proposal, as Affordable Housing Ordinance for UDC Division 38.380, or may continue the public hearing to another date. The City Commission may revise the proposed AHO amendment referred to in the public notice during the public hearing process. SECTION 2 – ZONING TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS Strategic Plan Implementation In April 2018, the City Commission adopted a Strategic Plan to guide city policy formation and its implementation. Strategic Plan priorities relevant to this AHO include the following: 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. City-adopted building codes, zoning codes, utility and infrastructure codes and master plans all play a role in supporting high-quality planning and development throughout the city. The proposed AHO is one key element in this array of strategies to retain a high-quality urban approach to building and servicing city neighborhoods. The AHO focuses on non-cash development incentives to produce needed affordable housing that, otherwise, the private sector would not produce. These AHO incentives are often paired with financial incentives such as Tax Increment Financing or Tax Credits to produce the lower-income affordable housing. 4.5 Housing and Transportation Choices - Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. The AHO seeks to provide development incentives to encourage smaller lots and dwelling units that make most efficient use of land already served by public utilities and services such as water, 479 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 12 of 64 sanitary sewer, stormwater management, transit, police, fire, medical care, schools, libraries, recreation and the like. The AHO focuses on serving the city’s low-income households, particularly the city’s service workforce, who could not afford to rent market-rate dwellings. The AHO would require income-restrictions for a minimum of 50 years. The AHO incentives for increased density in the higher-density zoning districts, particularly in the northwest and southwest regions of the city, would provide increased ridership for the new transit district to extend service to those developing areas of the city. 7.3 Best Practices, Creativity & Foresight- Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. City leadership has been vigilant in researching and understanding the housing needs of its citizens and in seeking to fund various approaches to meeting this need. Over the decades, they have tried many financial and non-financial strategies for producing housing for its workforce and those in need of assisted housing. When the inclusionary zoning AHO was adopted, it was amended several times to better address market conditions and housing needs. This proposed AHO also seeks to be flexible and creative in responding to current market conditions, housing policy and housing needs of the city’s low-income workforce as measured by the city’s AMI. Section 76-2-304, Montana Code Annotated (MCA), Zoning Criteria In considering applications for zoning text amendment approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K below). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. A zone text amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks, and other public requirements (criteria D). Therefore, to approve a zone text amendment the Commission must find that Criteria A-D are met. In addition, the Commission must also consider criteria E-K and may find the zone text amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone text amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. 480 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 13 of 64 The existing development review processes and standards were previously found to satisfy all of the following criteria during earlier reviews. The focus of this report is only on the proposed AHO amendments. Where a finding of Neutral is presented, it represents that the criteria is either not applicable to the proposed amendments or that the change does not materially advance or detract from compliance. Therefore, a finding of Neutral is not an indication of a deficiency in the proposed amendments or the existing standards. As noted below, the required criteria A through D are met by the proposed AHO. For Criterion H, Character of the District, the proposed AHO is deemed neutral in satisfying this criterion as demonstrated on page 22. The Criterion J, Value of Buildings, is also deemed neutral in that the proposed AHO may affect existing buildings as a property is redeveloped but the value of the new building and property would increase. Criterion F, Effect on Motorized and Non-motorized Transportation Systems is deemed “neutral” the proposed AHO as the parking incentives are likely to increase competition for on-street parking resources in the neighborhood where an affordable housing project using the parking incentives is located. This is balanced by the provision of low- and moderately priced housing. Overall, the proposed AHO meets the MCA zoning criteria for a text amendment. A. Be in accordance with a growth policy. This criterion is met. A growth policy provides a high-level vision of how a community hopes to develop over time. As a key tool to implement the growth policy, zoning must be in accordance with the growth policy per 76-2-304(1)-(a), MCA. The proposed AHO, inclusive of Division 38.380, Affordable Housing, and the two associated changes to the Definitions zoning text of the Bozeman Municipal Code (BMC), positively address numerous relevant Bozeman Community Plan 2020 (BCP) growth policies as noted below, particularly those seeking to facilitate housing and “missing middle” affordable housing. Goal N-3: “Promote a diverse supply of quality housing units”. Policy N-3.1—"Establish standards for provisions of diversity of housing types in a given area.” N-3.3 Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets. N-3.4—"Require development of affordable housing through coordination of funding for affordable housing and infrastructure.” N-3.7— “Support compact neighborhoods, small lot sizes, and small floor plans, especially through mechanisms such as density bonuses.” N-3.8— “Promote the development of “Missing Middle” housing (side by side or stacked duplex, triples, live-work, cottage housing, group living, rowhouse/townhouses, etc.) as one of the most critical components of affordable housing.” 481 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 14 of 64 N-3.9— “Ensure an adequate supply of appropriately designated land to accommodate Low Income Housing Tax Credit development in qualifying census tracts. Dwelling units in apartment buildings provide the most efficient use of units of land and this housing type is supported by the incentives of the proposed AHO which offers increased building heights, increased residential density, and lower or no minimum parking requirements in exchange for long-term rental housing affordability. The AHO also broadly supports “missing middle” townhome and rowhouse housing types by allowing those types of housing in the lower-density R-1, RS and RMH districts, by reducing lot widths, lot size and lot coverage. For this type of housing with exclusively small units (1,200 gross square feet or less), no parking is required. This supports “diversity of housing” and affordable units throughout the community. It should be noted that recent changes in state law require the R- 1, RS, and RMH districts to allow duplexes with or without affordability requirements. The BCP establishes the City’s policies for land development. It continues concepts and community priorities that were established in several prior plans and growth policies. As early as 1972, the community’s planning documents identified affordable housing as a priority concern. Affordability of housing is influenced by many issues. Only a few of them are under control of the city. Lending practices, personal housing preferences, labor and materials availability, and land costs are examples of material housing cost influences that the city does not control. Bozeman’s policy for many years has been to establish zoning districts that have access to centralized public services, and which can accommodate housing of various types and densities that can satisfy local housing needs and preference of surroundings. However, in order to accommodate current and anticipated population growth, more efficient use of land for housing within the city limits, close to public services and within the designated BCP Growth Area is needed. This development is planned to occur both in newly annexed areas and existing developed area. Infill development has been a long-standing community priority. Zoning regulations that allow a variety of housing types at higher densities enable construction at economies of scale and obtains maximum or most efficient use of property. This approach lessens pressure for the annexation of farmland on the edge of the city yet within the Growth Area. Higher density “in- fill” development of undeveloped or underdeveloped lands within the city keeps initial housing construction/development costs lower than building housing on County “green fields” which also results in more efficient long-term operational costs of maintenance of roads, water, sewer, stormwater management facilities, and public safety services. It is noted that the City’s Climate Action Plan encourages compact development and higher development densities. BCP discusses housing affordability. The discussion identifies national and local trends and issues affecting affordability and housing needs. The AHO affordability incentives are designed to encourage construction of homes at prices that market rate construction generally cannot reach. The AHO incentives can be paired with other housing support such as Low-Income Housing Tax 482 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 15 of 64 Credits. The proposed AHO’s incentives recognizes these land use parameters and market forces and was crafted to respond to these factors in such a way as to result in as many low-income affordable dwellings as is possible under current market conditions and current state regulations. Providing development incentives to facilitate construction of rental housing affordable to households with annual incomes below the city’s Area Median Income (AMI) supports several growth policy goals including: R-2.4 Social Equity: Provide solutions that are inclusive with consideration to populations that are often most fragile and vulnerable to sudden impacts. Goal N-1: “Support well-planned, walkable neighborhoods.” N-1.1. Promote housing diversity, including missing middle housing. N-1.11--“Enable a gradual and predictable increase in density in developed areas over time”; EE-1.4 Support employee retention and attraction efforts by encouraging continued development of affordable housing in close proximity to large employers. The proposed AHO incentives allow for smaller lots and dwelling unit size in exchange for low- income affordability of rental housing. The developments that take advantage of these incentives are expected to be more walkable by virtue of smaller block sizes. The Community Design standards of Article 4 and the Project Design standards of Article 5 of the UDC are not changed by this AHO. The AHO does incentivize the smaller lots and dwelling unit size that are expected to meet the demands for “missing middle” housing for the city’s service workforce. The incentives are combined with the permitted uses in zoning districts so that higher intensity development is located in locations determined by district designation to be appropriate to more development. Increased numbers and locations of mixed-use zoning districts supports implementation of housing and employment in close proximity to larger employers. Sustainability and mobility options can also support housing affordability. Examples of community plan objectives that integrate with housing affordability include: Goal DCD--1: “Support urban development with the City.” Policy DCD--1.1: “Evaluate alternatives for more intensive development in proximity to high visibility corners, services and parks.” DCD-1.2— “Remove regulatory barriers to infill.” DCD 1.5— “Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives.” Goal DCD-2: “Encourage growth throughout the City while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. Policy DCD-2.1- “Coordinate infrastructure development, land use development and other City actions and priorities through community planning.” 483 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 16 of 64 DCD-2.2- “Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses.” DCD-2.7- “Encourage the location of higher density housing and public transit routes in proximity to one another.” DCD-3.6 --Evaluate parking requirements and methods of providing parking as part of the overall transportation system for and between districts. Goal DCD-4: “Implement a regulatory environment that supports the Community Plan goals. Policy DCD-4.4: “Differentiate between development and redevelopment. Allow relaxations of code provisions for developed parcels to allow redevelopment to the full potential of their zoning district.” The AHO does not change the future land use map or zoning designation of land within the city to address these policies. Rather, it offers density and building height incentives and parking reductions in the city’s higher residential, commercial, and mixed-use zoning districts that can implement these BCP policies in exchange for long-term housing affordability. Chapter 3 of the BCP describes the various future land use designations and notes that higher densities are appropriate and needed to accomplish policies of the plan. Evaluation and consideration of alternate means to address transportation needs, including parking, is directed by the BCP. Local and national experience has identified that affordable housing has a lower, but still existent need for motor vehicles. The proposed amendments adjust parking incentives to better fit the location and scope of development to amount of required parking compared to the existing affordable housing incentives. Minimum parking for accessibility, bicycles, and a ratio per dwelling is included in the regulations. The existing flexibility for location is expanded. Tools other than individual project parking provision also exist in the municipal code which can be used to manage public parking utilization more holistically. The BCP seeks to coordinate housing with employment opportunities. The AHO addresses the following policies by providing incentives to mix housing and jobs in the city’s M-1 light manufacturing districts. Whereas, apartments are now permitted as an accessory use per building in the M-1 districts and they are permitted only above the ground floor, the AHO allows housing on the ground floor of buildings and deems residential uses as accessory to the non-residential uses within the development as a whole rather than on a per-building basis. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. M-1.12 Eliminate parking minimum requirements in commercial districts and affordable housing areas and reduce parking minimums elsewhere, acknowledging that demand for parking will still result in new supply being built. 484 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 17 of 64 M-1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric scooters, powered wheelchairs, etc.). The character of the community is also a subject of BCP goals, objectives, and actions. Please see the discussion under Criterion H. B. Secure safety from fire and other dangers. This criterion is met. Building code standards for fire resistance, fire sprinklers for larger buildings, exiting, seismic durability, and other protection remain in place and will continue to protect the public. The requirements to avoid floodplains and similar physical hazards remain in place. Requirements in the municipal code for access by emergency services, suitable water and sewer services, and other safety features remain. Review of individual applications will provide an opportunity to check for function of these parameters. The Applicability wording in the AHO Section 38.380.020 below specifically states that the City can impose conditions to address identified safety and other concerns. Generally applicable BMC authorization to impose conditions where needed and justified remains. “The incentives in this division supersede the applicable standards otherwise provided in this chapter. All other provisions of this chapter remain applicable. The city retains the authority to approve, approve with conditions, or deny an application based on compliance with other portions of this code but may not attach conditions to an approval that have the effect of negating the incentives provided in this division. The incentives in this division are in addition to the departures for housing creation provided in 38.320.070.” The Development Standards for Affordable Dwellings section of the AHO (38.380.050) mandate that the affordable dwelling units must be comparable in construction, design features, appliances, and other amenities to the market-rate units within the development. The purpose of the incentives is to support creation of homes that would otherwise likely not be built. The rental cost limits and availability of additional housing enable homes for people who otherwise may not have them thereby reducing danger, such as weather exposure, to those people from housing insecurity. C. Promote public health, public safety, and general welfare. This criterion is met. The existing standards addressing this criterion remain in place such as floodplain protections, road improvements, provision of water, sanitary sewer and stormwater management facilities and similar public services. See also responses to Criteria B and D. The incentives do authorize construction on smaller lots and in taller buildings. Such allowances are 485 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 18 of 64 not inherently counter to this criterion. Standards remain for building codes and utility codes and setbacks remain for light, air, privacy, utility services, emergency services, and other services to protect public health and physical safety. Housing access is a substantial factor in public safety and wellness of individuals. Cost of housing is a significant influence on housing access. The AHO incentives provided are intended to encourage creation of homes available to persons with incomes lower than the Area Median Income. Bozeman has experienced very high price escalation for homes over the past few years. The prices are increasingly beyond the income of many of Bozeman’s workers. Loss of employees due to lack of housing has been identified by many employers as a barrier to success and growth. In turn, lack of economic opportunity damages the community as a whole. D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. This criterion is met. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction. The CIP projects are targeted to facilitate new housing in the most efficient locations while upgrading existing, older facilities and systems serving the built environment. The amendments do not alter the requirements for the identified services. Considering the municipal code as a whole, the standards requiring provision of the infrastructure listed in this criterion are not being changed with these amendments and the development that takes advantage of the AHO incentives can be accommodated by these assets and services. To the extent that the amendments facilitate housing for the necessary staff to operate the identified services, they are supportive of their provision. E. Reasonable provision of adequate light and air. This criterion met. Adequate light and air are provided by a mix of site development standards including building setbacks, on-site open space as well as building code requirements for air for combustion and ventilation. Each standard addresses a different functional element. There is no specified quantity of day light or other physical outcome required by this criterion. The standard is for reasonableness and adequacy, which vary by type of use and other specifics of development. Building codes also address this criterion through requirements for ventilation and lighting and the AHO does not change any of these standards. 486 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 19 of 64 The AHO incentives provide for smaller lot sizes and smaller dwelling sizes. Setbacks remain the same so even on the smaller lots and for smaller dwellings, there is opportunity for light and air to reach individual rooms. Building code requirements for emergency exit windows in sleeping areas will also help ensure there is access to light and air. The Block Frontage design standards for ground floor dwellings’ provision for light, air, privacy, and safety remain in place. The incentives provide for additional building height ranging from one to four stories depending on the depth of rental rate control for the homes and the zoning district. Depending upon the neighboring-built environment, a four-story addition to the number of stories already allowed by the zoning district can create a significantly taller building. However, to reduce such perceived negative impacts to the environs, the proposed AHO includes a provision that, when a building seeking building height incentives abuts a lower intensity zoning district, the transition in building height standards of 38.320.060.B.2.c apply. This zone edge transition in building height provides a step-back requirement that leaves visual access to the sky for its neighbors. It does not entirely remove all visual impacts of the taller building, but no city zoning standard, or state law protects or preserves viewscapes or designates “air rights” of views to any adjacent landowner. F. The effect on motorized and non-motorized transportation systems. This criterion is neutral. The City conducts extensive planning for municipal transportation, trails, and parks related to this criterion and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The proposed AHO does not alter these plans, nor does it relieve any development using the incentives from providing roads, trails and other transportation facility built to city standards. The existing standards for collector and arterial streets are not changed. The requirements for multiuse paths and recreational trails are not changed. The proposed AHO positively addresses the following BCP goals and growth policies: Goal DCD-2: “Encourage growth throughout the City while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. Policy DCD-2.1- “Coordinate infrastructure development, land use development and other City actions and priorities through community planning.” DCD-2.2- “Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses.” DCD-2.3— “Review and update minimum development intensity requirements in residential and non-residential zoning districts.” DCD-2.7- “Encourage the location of higher density housing and public transit routes in proximity to one another.” 487 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 20 of 64 DCD-3.6 --Evaluate parking requirements and methods of providing parking as part of the overall transportation system for and between districts. Goal DCD-4: “Implement a regulatory environment that supports the Community Plan goals. Policy DCD-4.4: “Differentiate between development and redevelopment. Allow relaxations of code provisions for developed parcels to allow redevelopment to the full potential of their zoning district.” M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. M-1.12 Eliminate parking minimum requirements in commercial districts and affordable housing areas and reduce parking minimums elsewhere, acknowledging that demand for parking will still result in new supply being built. M-1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric scooters, powered wheelchairs, etc.). The AHO does not change the zoning designation of land within the city to address these policies. Rather, it offers density and building height incentives and parking reductions in the city’s higher residential, commercial, and mixed-use zoning districts that can implement these BCP policies in exchange for long-term housing affordability. The BCP seeks to coordinate housing with employment opportunities. The AHO addresses the following policies by providing incentives to mix housing and jobs in the city’s M-1 light manufacturing districts. Whereas, apartments are now permitted as an accessory use per building in the M-1 districts and they are permitted only above the ground floor, the AHO allows housing on the ground floor of buildings and deems residential uses as accessory to the non-residential uses within the development as a whole rather than on a per-building basis. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. M-1.12 Eliminate parking minimum requirements in commercial districts and affordable housing areas and reduce parking minimums elsewhere, acknowledging that demand for parking will still result in new supply being built. M-1.4 Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric scooters, powered wheelchairs, etc.). 488 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 21 of 64 However, the proposed incentives include reduction of required parking, to as little as zero for small size (1,200 sf) townhome and rowhouse dwellings. The previous ordinance’s reduction in street cross section for a new street class called a yield street is eliminated as it was not proven to be useful to subject developments, the narrower yield street did not accommodate on-street parking, and it did not respond to market desires. The proposed AHO better fits parking requirements to the location and scale of development than the current AHO incentives. Local and national experience has identified that affordable housing has a lower, but still existent, need for motor vehicles. Minimum parking for accessibility, bicycles, and a ratio per dwelling is included in the proposed incentives. The existing flexibility for location is expanded. Tools other than individual project parking provision also exist in the municipal code which can be used to manage public parking utilization more holistically. For development with reduced or no on-site parking, parking by project residents and guests must be accommodated by on-street parking spaces. This will result in additional pressure for parking in some adjacent areas, particularly for in-fill developments. Persons constructing affordable housing can choose to provide more than the minimum parking incentives. Local parking use studies have found that price-limited housing in the 60% or less AMI range does use less parking than market rate homes. The AHO requires multi-household developments to provide from 5% to 50% of the total housing units as affordable to households with annual incomes no greater than 60% of AMI for Types B and C Incentives and no greater than 80% of AMI for Type A Incentives. Affordable housing developments using the lower or no parking incentives and located in neighborhoods close to the city’s downtown or the university will cause additional pressure on local public parking assets. Without increased bus service to those areas, parking management strategies, such as permit parking districts, may be warranted. The recent establishment of the transit district may enable expansion of bus service to areas developing with urban-scale housing, connecting homes to employment centers. Some parking districts with associated permit systems are already in place around MSU and Bozeman High School. A parking benefit district system has been adopted in Chapter 36 Article 4 Division 3 of the municipal code but has not yet been activated. Active parking management could be expanded to address possible impacts from the reduced parking requirements where affordable housing projects without parking congregate. The growth policy includes DCD-3.6 “Evaluate parking requirements and methods of providing parking as part of the overall transportation system for and between districts.” Continuation of the ongoing evaluation of parking options and alternative means to manage parking is consistent with the growth policy. The nature of an incentive is that it inevitably involves a trade-off of one good thing for another. In this case, the City is willing to accept some additional risk of overflow parking and street congestion in order to support the desired outcome of increasing low- and moderately priced rental housing stock. 489 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 22 of 64 G. Promotion of compatible urban growth. This criterion is met. The City’s UDC Section 38.700.040.c defines compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city’s adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non- motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density, or use.” There is no one pattern or method in which to build a community. Many different configurations of uses and buildings can coexist well. The City has adopted many land use and building design standards to avoid or mitigate demonstrable negative impacts of development. Most of those standards remain as presently adopted. The adoption of the AHO incentives is a legislative determination that under the new standards as well as the remaining existing standards, compatibility can be maintained. Where additional building heights are allowed by the Type C AHO incentives, the development is subject to the height transition step-back provisions of 38.320.060.B. Compact development in locations close to public infrastructure and services not only meets BCP policies and objectives, but it is the most efficient and economical development for installing, maintaining, repairing, and replacing over time public infrastructure. The proposed AHO facilitates compact development in locations within the city that meets these objectives and that increases the number of dwellings available and affordable to median-income households. Therefore, staff concludes this criterion is met. H. Character of the district. This criterion is neutral. Goal N-4: Continue to encourage Bozeman’s sense of place. Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. DCD-2.9--: “Evaluate increasing the number of stories allowed in centers of employment and activity while also directing height transitions down to adjacent neighborhoods. 490 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 23 of 64 Preserving the existing character of the community is often raised in public comments and other community feedback. There is a tension between preserving what is already here, acknowledging what may already be allowed by zoning already in place but is unbuilt, addressing what is needed under today’s conditions, and preparing for the future. New development that reflects today’s market/housing preferences, development pressures, and economics are not the same as what existed many years ago. Acknowledgement of this ongoing change process is woven through the BCP, see Criterion A above, and the plans that came before it. Freezing the status quo is not the adopted policy of Bozeman whether in previously undeveloped areas or areas that have been developed for many decades and no part of Chapter 38 forbids new construction when regulatory standards are met. The proposed AHO incentives allow higher densities, taller buildings, and parking reductions; and at the same time will facilitate development of smaller dwellings than the historical norm in Bozeman. This will result in a different character for those projects than the baseline standards in place now. Bozeman’s development standards steadily evolved over the past 30 years as community needs and household preferences changed. It is expected that the community will continue to evolve. It is expected that most development will continue to follow the baseline standards. Therefore, the majority of the community will continue to evolve as the baseline standards are revised. Constant change is expected in a growing community. With the proposed changes to the AHO including revised parking standards, more limited height of buildings, and capped maximum building size, it is anticipated that the individual projects that use the affordable housing incentives will be less different from the baseline and therefore fit better within its environs and the overall community framework. Section 76-2-301 MCA says “Municipal zoning authorized. For the purpose of promoting health, safety, morals, or the general welfare of the community, the city or town council or other legislative body of cities and incorporated towns is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts, and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.” Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. The City has adopted form and intensity standards in Division 38.320 as part of the implementation of the zoning enabling language cited above. The City has adopted building and site design standards in Divisions 38.510 and 38.530 also as part 6 of the implementation of the zoning enabling language cited above. These standards remain and are applied to all development according to the district in which the development is located. Part of the incentives offered in the current AHO ordinance waived portions of these design standards. The proposed AHO eliminates these waivers. All affordable housing projects must meet the design and site development standards of 38.510 and 38.530. Projects located within the scope of 38.340, Neighborhood 491 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 24 of 64 Conservation Overlay District standards, are subject to review for certificate of appropriateness standards as may be relevant to the building use and location. Character of a district is made up of many different elements; including but not limited to uses, size of lots, and building features. There is no one pattern, design style, or method which is always the best way to build a community. The City has adopted a range of zoning districts to address different needs. The zoning districts are amended from time to time as needs of the City and its resident’s change. The City regularly updates its regulations to stay current with the changing needs and values of the community. Many different configurations of uses and buildings can coexist well, and the City does not restrict specific architectural styles. The City’s growth policy and allowed land uses per zoning district encourage mixed uses. The City’s residential zoning districts all provide for a range of residential uses and building configurations. This is long standing practice and does not change with this ordinance. The ordinance does not alter the uses allowed in individual zoning districts with the exception that it would allow, as an incentive for affordable housing, townhomes and rowhouse types in RS (Residential Suburban), R-1 (Residential Low Density) and RMH (Residential Manufactured Home) districts where they are not now permitted. State law requires that duplexes (two- household dwellings) be allowed in these same districts, so the impact of the incentive is minor on the character of these districts. Incentives inevitably involve a trade-off of one good thing for another. In this case, the City is willing to accept some difference in the character of in-fill sites in order to support the desired outcome of increasing low- and moderately- rental rate housing stock. Depending on the district and depth of commitment to price-limited homes to be provided (5% to 50%), an additional 1 to 4 stories are permitted as incentives. Minimum lot sizes are reduced or waived. Parking requirements are reduced or waived. Depending on how incentives are applied it will result in a different and more intensive character of development than would otherwise be possible within the specific district. Type B incentives limits apartment buildings to a maximum of 36 dwellings each and a maximum of four stories in height or that which is permitted in the zoning district, whichever is less. This better integrates affordable housing projects into the zoning districts where apartments and mixed-use developments are permitted. Any development proposing housing may elect to use the incentives. It is not possible to predict how many or where they will occur. Any residential district and most non-residential district, including the M-1 Light Manufacturing District, may see new development using the incentives. It is beneficial to the city, to the neighborhoods and to the residents that affordable housing be distributed throughout the community and not concentrated in just one portion per BCP Objective N-3.3: “Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets.”. This proposal amends the UDC text only and not the zoning map. The proposal does not add or delete zoning districts. 492 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 25 of 64 I. Peculiar suitability for particular uses. This criterion is met. The proposed amendments are not changing the zoning map, or the uses allowed within zoning districts with the exception that it would allow, as an incentive, development of townhouses and rowhouses in the RS, R-1 and RMH districts. Townhomes and rowhouses have their own definitions in the UDC Section 38.700 noted below. The AHO does not amend these definitions. It just allows this housing type to the mix of types allowed within those districts. Townhomes lie upon “fee-simple” (ownership) lots which can be purchases separately from their attached neighboring home and lot. A rowhouse is attached to a similar house which shares the land or lot upon which the row of attached houses lie. The following definitions are found in UDC 38.700: “Townhouse. A dwelling unit, located on its own lot, which shares one or more common or abutting walls with each wall having no doors, windows or other provisions for human passage or visibility with any other dwelling units, each located on its own lot. A townhouse does not share common floors/ceilings with other dwelling units. Each of the attached dwelling units must have: 1. Independent water and sewer service lines and metering pursuant to the applicable plumbing code and all other city regulations; 2. Individual services for all private utilities; and 3. A two-hour fire separation separating the dwelling unit from any adjoining dwelling units.” “Townhouse cluster. A building consisting of three or more dwelling units, each meeting the definition of a townhouse, placed side-by-side and/or back-to-back.” The AHO does not amend this definition of a townhouse. It allows this type of housing in the RS, R-1 and RMH districts. The incentives encourage the development of this “missing middle” type of housing by allowing smaller lot size and widths and reduced parking in all residential districts in exchange for affordable dwelling units. The Type A incentives encourage the development of townhouse and rowhouse development by exempting their development of lot size, width, lot coverage, density, and parking when all dwellings therein are 1,200 gross square feet or less in size. The AHO does not alter the design standards for townhouse and rowhouse development found in 38.360.250. “Rowhouse. A dwelling unit that shares one or more common or abutting walls with one or more dwelling units. A rowhouse does not share common floors/ceilings with other dwelling units.” “Rowhouse cluster. A building consisting of three or more rowhouses.” 493 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 26 of 64 The AHO does not amend this definition of a rowhouse. It allows this type of housing in the RS, R-1 and RMH districts with the same incentives as noted above for townhouses. J. Conserving the value of buildings. This criterion is neutral. The proposed amendments are not changing the zoning map, or the uses allowed within zoning districts other than allowing townhouse and rowhouse dwellings in the RS, R-1 and RMH districts. No zoning standard is being created which will reduce allowed building areas or otherwise restrict the development capacity of a specific property. On the contrary, the incentives allow greater development and intensity of development of a particular site which increase the utility and may benefit value of an existing building by allowing reconfiguration of uses. However, the income-limitation requirements for homes constructed with the incentives will reduce individual home costs and may prevent valuation increases for a building as a whole. The AHO amendments may increase motivation for redevelopment of underdeveloped properties by landowners who seek to increase the utility of their property in such a strong economic market as exists in the city. With the Neighborhood Conservation Overlay District (NCOD), which does not change with the AHO, the standards of the NCOD continue to apply. Adaptive reuse and renovation of existing buildings is allowed and encouraged in the NCOD and the proposed AHO may facilitate such for some existing buildings. With or without the AHO amendments, it is anticipated that the value of land and new buildings would increase under naturally occurring redevelopment of underdeveloped properties over time. K. Encourage the most appropriate use of land throughout the jurisdictional area. This criterion is met. The zoning map and future land use map of the BCP growth policy identify areas where specific uses are generally deemed appropriate. However, both occur at a broad level of detail and do not authorize construction. The proposed amendments do not alter the zoning map. Both residential and most non-residential districts contain the opportunity for housing construction in some form. The proposed amendments allow townhouse and rowhouse development in the RS, R-1 and RMH districts and allow housing on the ground floor of buildings in the M-1 light manufacturing district. As noted above, duplexes are required to be allowed in all districts where a single home is allowed. The addition of the “missing middle” townhouse/rowhouse-type of housing in the RS, R-1 and RMH districts and the expansion of residential uses in the M-1 districts are consistent with the following BCP growth policies. Goal N-1: “Support well-planned, walkable neighborhoods.” N-1.1. Promote housing diversity, including missing middle housing. N-1.2 --“Increase required minimum densities in residential districts.”; 494 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 27 of 64 N-1.11--“Enable a gradual and predictable increase in density in developed areas over time”; Goal N-3: “Promote a diverse supply of quality housing units”. Policy N-3.1—"Establish standards for provisions of diversity of housing types in a given area.” N-3.3 Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets. N-3.7— “Support compact neighborhoods, small lot sizes, and small floor plans, especially through mechanisms such as density bonuses.” N-3.8— “Promote the development of “Missing Middle” housing (side by side or stacked duplex, triples, live-work, cottage housing, group living, rowhouse/townhouses, etc.) as one of the most critical components of affordable housing.” EE-1.4-- Support employee retention and attraction efforts by encouraging continued development of affordable housing in close proximity to large employers. The proposed AHO ordinance positively addresses these growth policies and does not change the zoning map or the BCP future land use map (FLUM). Therefore, the criterion is met. PROTEST NOTICE FOR ZONING AMENDMENTS In the case of written protest against the proposed zoning text amendment to Division 38.380 of the Bozeman Municipal Code, protests signed by the owners of 25% or more of the area of the land within the amendment area or those lots or units within 150 feet from land directly impacted by a proposed change, the amendment shall not become effective except by the favorable vote of two-thirds of the present and voting members of the City Commission. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within city limits affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged (including the application number, 24055); 495 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 28 of 64 and (ii) contain a statement of the protestor’s qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. 496 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 29 of 64 APPENDIX A – DETAILED BACKGROUND AND PROJECT DESCRIPTION Revisiting the 2022 AHO After two years’ experience with the current incentive program, in the summer of 2024, at the direction of the City Commission, staff began a series of meetings to engage the public and citizen advisory boards on the AHO in response to public comment. • August 5, 2024 – Community Development Board • August 7, 2024 – Economic Vitality Board • August 8, 2024 – Inter-Neighborhood Council • August 12, 2024 – Community Development Board Special Meeting • August 20, 2024 – City Commission Work Session • October 21, 2024 – Affordable Housing Ordinance Open House • December 4, 2024 – Economic Vitality Board The City Commission held a work session on August 20, 2024, to discuss the affordable housing incentives of AHO No. 2105 to see if they need to be bolstered or adjusted to provide affordable housing that that meets the needs of the city’s low-income households while being compatible with the community. During the work session on the AHO, the City Commission asked staff to propose revisions falling into three categories: 1. Administrative changes to provide clarity in its application; 2. Enhancements to better incentivize the voluntary creation of new affordable housing units; and 3. Amend or remove the “deep” incentives in response to current market conditions and substantial public feedback (link to work session video). The Commission’s discussions can be found in the following link to the video of that session beginning at 5:05 of the session. In response to City Commission direction, staff proposes to repeal and replace the existing affordable housing regulations of Section 38.380 of the Unified Development Code (UDC) to positively address issues and concerns with the previous AHO incentives and to respond to current market forces since AHO 2105 was implemented in 2022. Typical housing input variables that have changed since the adoption of the AHO include the costs of land, labor, materials, financing, design and approvals, infrastructure costs, taxes, permitting fees and review times. Other variables include the timing of when multiple new residential developments come onto the market and can be “absorbed” by households seeking new accommodations, as well as the increase in demand for 497 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 30 of 64 rental housing by households earning less than the Bozeman Area Medium Income (AMI). This AHPO is not for “for sale” housing. Proposed Affordable Housing Ordinance Incentives The proposed Affordable Housing Ordinance is a proposal to amend the land use regulations of Chapter 38 of the Bozeman Municipal Code (BMC) in support of affordable housing production. The proposed amendments will affect land use, residential density, building height and design, and parking standards for targeted residential and mixed-use districts. The amendment applies to new development and applies to projects undergoing development review under Chapter 38 of the City’s Unified Development Code (UDC). The amendment would repeal UDC Division 38.380, Affordable Housing, in its entirety and would replace it with a new set of standards addressing (1) incentives to build below-market-rate affordable dwelling units in the city; (2) criteria and qualifications for the granting of the incentives; (3) clarification of administration of the affordable housing program; (4) extension of the duration of affordability for subject dwellings from thirty (30) years to fifty (50) years; (5) establishing the minimum percentage of affordable dwellings per project and the maximum rental rate measured by the Bozeman Area Median Income (AMI); and (6) establishing four (4) options of non-cash financial incentives to produce below-market-rate affordable dwellings in the city. Please see Appendix B for a comparison of the current and proposed AHO incentives and Attachment A for a link to the entire proposed revised AHO ordinance and Attachment B for a link to the current Affordable Housing Ordinance No. 2105. The current AHO offers two types of incentives: Shallow Incentives and Deep Incentives. The proposed AHO re-names and amends the two types of incentives as Type A Incentives, Type B Incentives and creates a third set of incentives, called Type C Incentives, and creates a fourth option called Off Site Contribution in which a developer utilizing incentives may request to pay cash-in-lieu to the affordable housing fund or donate buildable land to the city for the production of affordable housing rather than provide the affordable units on-site within the development. The city may establish administrative procedures the application and implementation of a cash-in-lieu program. The city must use all cash-in-lieu funds to support the creation or preservation of affordable dwellings. The proposed AHO addresses these changes in housing demand and market inputs with the goal of balancing the economics of producing housing by the private sector, including where affordable land for such housing can be acquired, with the goal of preserving the overall zoned character of the “receiving” area while achieving a supply of long-term affordable housing and promoting the public health, safety, and welfare. To respond to current market forces, community goals, and Commission direction, Division 38.380 is being replaced in its entirety. Other sections, such as the parking Section 38.540.050.A.1.b and definitions Division 38.700.170.S, which are affected by the revisions, are 498 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 31 of 64 being amended to match up with the revised incentives-based approach and to clarify related wording. For more details, see Appendix B of this staff report for a summary of the proposed incentive changes and see Attachment A on page 64 for a link to the full text of the proposed AHO Ordinance. Elements of the proposed amendments include: 1. Repeal Division 38.380, Affordable Housing, in its entirety. Replace with a new Division 38.380, Affordable Housing, changing the incentives provided for creation of affordable housing. The amendments are required by and consistent with recent changes in state law. The new wording describes how and when incentives can be used, how the program is administered, and what incentives are provided. Incentives are applicable to rental housing only; the AHO addressing “for sale” dwelling units will be proposed at a later date. These rental housing incentives include, but are not limited to, more permissive form and intensity standards such as increased building height and density, decreased lot sizes, lot widths and lot coverage, and decreased parking requirements. 2. The amendments remove references to the former affordable housing standards in the Section 38.700, Definitions, to revise the definition of “affordable home” to “affordable dwelling” and repeal the definition of “affordable housing” and “yield street”. For a comparison of the current (2022 AHO No. 2105) with the proposed AHO incentives, please see Appendix B. The proposed AHO would replace BMC Division 38.380 with a new set of standards addressing: (1) incentives to build below-market-rate affordable rental dwelling units in the city; (2) criteria and qualifications for the granting of the incentives; (3) clarification of administration of the affordable housing program; (4) extension of the affordability period for subject dwellings from thirty (30) years to fifty (50) years; (5) establishing the minimum percentage of affordable dwellings per project and the maximum rental rate allowed measured by the Bozeman Area Median Income (AMI); and (6) establishing options of off-site land dedication or cash-in-lieu alternatives as a means of meeting the affordable housing required to use the incentives (see Attachment A on page 64 for a link to the proposed AHO). The proposed AHO seeks to provide land use incentives through additional building height, reduced lot size, width, lot coverage and residential density standards, reduced parking, allowing 499 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 32 of 64 two-unit townhomes and rowhouses in R-1, RS and RMH zoning districts, expanded allowance for housing in M-1 light manufacturing districts as an accessory or principal use, among other incentives in exchange for providing affordable rental housing at 60% or 80% of AMI for 50 years (see Appendix B for a summary of incentives). This 2025 AHO update does not address for-sale dwelling units; that aspect of affordable housing will be proposed in a later amendment. Current severely limited housing opportunities within the city negatively impacts economic development, transportation networks, and sustainability. Affordable housing needs must be addressed to maintain a sufficient resident workforce in all fields of employment, and to ensure the public safety and general welfare of the residents of the city. However, with the limited financial resources available to the city, and the regulatory constraints placed upon the city by the State Legislature, the target of producing affordable housing of all types is difficult to achieve. The proposed AHO utilizes all the zoning code incentives available that are balanced by current market conditions, including (1) the type and location of buildable lands that can accommodate urban scale housing and can connect to city infrastructure; (2) the type and rental rate of housing that can satisfy local demand; (3) financial institution’s lending policies; and (4) and the scale of risk and required return on investment that the private sector is willing to take. Several reports, studies, and plans document the city’s housing needs, including the 2019 Community Housing Needs Assessment, the 2021 Unified Development Code Affordable Housing Assessment (Clarion Report), the 2020 Community Housing Action Plan, the 2021 Root Policy Research Feasibility Analysis of Certain Development Incentives in Exchange for Affordable Units in Bozeman, the 2021 One Valley Community Foundation “A Seat at the Table” Report, the 2024- 2028 Bozeman Fair Housing Plan, and the 2021 Gallatin County Regional Housing Study. Each of these studies document the need for housing and the challenges in providing housing at costs affordable to residents. The City of Bozeman evaluated and implemented many different approaches over the years with limited success compared to the need. The current work continues the City’s efforts and commitment to practical and achievable actions, within the City’s control, to support creation of housing and specifically housing at lower (below market-rate) rents. The issue remains very challenging. The tools available to Bozeman are limited, especially compared with the scope of the challenges. The suggested actions will not solve all the issues; however, they represent important tools to advance incremental progress. 500 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 33 of 64 Policy Background The recent pandemic amplified existing housing and work trends, and housing prices have greatly increased over the past three years. An article by Tim Ford in the May 1, 2022, Bozeman Magazine shows median single home sale prices in the Bozeman area increasing over the first quarter 2020 to first quarter 2022 by $389,000. This is an increase of 76% in two years. The following year the median sales price in 2023 had increased an additional $10,500 showing a continued elevation in location housing prices. Average sale price remained over a million dollars in the same time horizon. Chapter 1 of the Bozeman Community Plan 2020 includes a section titled “To Grow Or Not To Grow, If So, How?” This section considers the question of whether or not the City should continue policies encouraging development within City limits. Several different related issues are discussed, and the section concludes that construction within the City is a better outcome. Affordable housing is a long-standing community concern. It was first addressed in the 1972 Master Plan for the community and then all subsequent community land use plans. Several reports, studies, and plans including the Community Housing Action Plan and the One Valley Community Foundation, Gallatin County Regional Housing Study, document the needs for housing and the challenges in providing housing at costs affordable to residents. The state legislature has limited the tools the city has to support affordable housing construction. The city is required to use incentives to encourage construction rather than mandating the construction of affordable housing. The proposed ordinance places an increased emphasis on affordable housing as a public benefit in exchange for the flexibility allowed through the updated Division 38.380. The city has many ongoing efforts to support creation of housing overall including: o supporting and completing infrastructure construction, o primarily of-right development review except where required by state law, o use of tax increment financing in support of housing, o general fund support for affordable housing projects, and o many others. The city consistently reviews and updates its regulations to keep them relevant and effective. Over the past 20 years, the city has increased allowed development intensity and removed possible cost barriers by the following and other actions: • reduced standards such as land area per type of home by up to 60%, • reduced setbacks from property lines by as much as 58%, • removed requirements for minimum home sizes, • increased maximum allowed heights, • authorized accessory dwellings for all residential zoning and reduced standards related to accessory dwelling several times, 501 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 34 of 64 • simplified landscaping standards and encouraged lower water use plantings, • approved dozens of zone map amendments to allow more intensive uses, and • simplified review processes. • flexible zoning districts that allow for a wide range of housing types Despite this work, the cost of housing has continued to escalate, especially compared to wages. There has been continuing high demand for housing from across the nation. This was particularly reinforced during the pandemic. Bozeman’s growth into a metropolitan statistical area has also expanded our profile and brought attention from firms and persons who may not otherwise have considered locating here. This demand has supported increased housing costs. Home prices are keyed to the Area Median Income (AMI). AMI is established each year by the U.S. Department of Housing and Urban Development. AMI is a standard measure used for many functions including determination of housing affordability. A home is considered affordable if a household pays 33% or less of its income for housing. AMI is the amount of money where half of the households earn more and half less in the county. The AMI includes adjustments for households with more or fewer members. The gap between cost of construction and wages is not limited to Bozeman city limits. The One Valley Community Foundation prepared a housing study in 2021 looking at the entire county and affordable housing issues. Across all housing types and locations, they found consistent gaps in available wages and cost of construction. The following image is from that report. 502 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 35 of 64 There are no regulations that have such impact that their removal could be even close to offsetting such large increases in home prices and capital gaps between wages and cost of construction. The city can, and is, examining what it does control to identify such incremental improvements as may help. Unified Development Code Revisions to Support Housing Affordability In 2021, the city initiated a two-year process to revise its unified development code to remove barriers to housing creation. To do so, the City retained Clarion and sub consultants to review the City’s land use regulations. The scope of work included a code audit of the entire UDC, the creation of administrative departures to facilitate housing creation, the replacement of the planned unit development (PUD) process with a new streamlined planned development zone (PDZ) process and, finally, a replacement of the affordable housing ordinance. This work was supported by multiple public outreach efforts including but not limited to: April 20, 2021, outreach to the development community April 26, 2021, joint meeting of the planning board and zoning commission May 12 and September 8, 2021, meetings of the community affordable housing advisory board 503 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 36 of 64 September 15, 2021, Neighborhoods outreach meeting March 1, 2022, City Commission Policy Discussion After an open public process with several public events, Clarion provided a report with recommendations of possible regulatory changes. The City Commission considered that report on March 1st and directed staff to begin drafting amendments to regulations. Commission materials [external link] for the March 1st meeting are available online through the City’s archive. Materials in the Commission packet included the staff memo, financial feasibility analysis of the suggested incentives for affordable housing, and the Clarion housing assessment report. The public review process for the individual ordinance followed required procedures for public notice, meetings, and hearings providing multiple opportunities for interested persons to meaningfully comment and participate. The first of the amendments to move forward was the Housing Departures for Housing Creation text amendment, Ordinance 2111. Ordinance 2111 completed final adoption on June 28, 2022. The effective date of the ordinance is July 28, 2022. The second amendment was a replacement of Division 38.430, Planned Unit Development, and associated amendments to other sections. The Commission held a public hearing on Ordinance 2104 on July 12, 2022, and directed an amendment before moving forward. Final adoption of Ordinance 2104 occurred on Sept 27, 2022. The City Commission also adopted a replacement for the previous affordable housing ordinance pursuant to Ordinance 2105. The Commission held a public hearing on Ordinance 2105 on August 23, 2022, with final adoption on October 27, 2022, and an effective date of November 26, 2022. The new affordable housing Ordinance used non-cash financial incentives through the unified development code as a voluntary incentive to create affordable housing. This work was necessitated by passage of House Bill 259 by the 2021 state legislature which forbid the city to require construction of affordable housing. Since the passage of HB 259, the city is required to use incentives to encourage construction rather than mandating the construction of affordable housing. The current and proposed AHO places an emphasis on affordable housing as a public benefit in exchange for the flexibility allowed through the AHO incentives. Following the passage of House Bill 259, the City Commission sought to replace the city’s Affordable Housing Ordinance (AHO) with one that does not require any of the actions prohibited by House Bill 259. Instead, the new AHO offered non-cash but realistic financial incentives to property owners and developers willing to construct housing at levels of affordability consistent with the housing needs and goals identified in the City’s Community Plan, the Community Housing Needs Assessment, and the Community Housing Action Plan. The current Affordable Housing Ordinance (AHO) was adopted in 2022 by Ordinance 2105, pursuant to the city’s self- governing powers, the city’s zoning authority, and the City’s police power to protect public health, safety, and general welfare. The current AHO provides a suite of incentives to developers who 504 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 37 of 64 include below-market rental or for-sale units within their residential or mixed-use development. These incentives include (1) reduced or exemption from on-site parking for all dwelling units within the development, (2) reduced lot size, (3) increased residential density, (4) additional building height, (5) townhouse and rowhouse project allowed in lower density R-1, RS and RMH residential districts, (6) concurrent construction allowance, (7) reduced street widths, and (8) relaxed building design standards. Modeling Non-Cash Financial Incentives One of the main reasons why housing is expensive is because land remains expensive. When State or local laws restrict adding more housing units on the same amount of land, buildable land becomes scarcer, demand goes up, and homes become more expensive. In most development projects, land costs are the largest single expense alongside the cost of construction materials, labor, design, and financing. This cost ends up playing a major role in determining the viability of a development project and whether it will move forward. Developers can only build affordable housing or include affordable units within their development if they can anticipate a suitable return on their time and financial investment. They need to be offered either cash or non-cash financial incentives to produce the affordable units. Cash incentives can include direct cash subsidies to the developer, tax credits used for other income sources, reduced impact fees or infrastructure fees. Non-cash financial incentives typically focus on allowing more housing unit per unit of land because it spreads the cost of land, design, permitting, materials, labor, financing, and infrastructure across a larger number of units, resulting in a lower per-unit cost. The lower per-unit cost allows the affordable unit to be rented below- market. As noted above, the non-cash financial incentives include exemptions from zoning regulations and standards that limit the number of dwelling units per land area. These can include lot area, lot coverage, lot width, lot size/density limits, building height, parking requirements, open space requirements, and some land use limits such as the type of housing permitted within a particular zoning district. In 2022, the City of Bozeman engaged Clarion Associates and their sub-consultant, Root Policy Research, a firm specializing in housing economics, to propose changes to the unified development code (UDC) to use non-cash financial incentives through the development code to incentivize the production of community housing units. An appropriate way to evaluate any incentive is to apply a “but for” test: The incentive must enhance the feasibility of providing affordable housing units that would not be financially feasible “but for” the application of the incentive. The team developed prototype proformas of for-sale and rental housing types from single household detached housing units to multi-household units based on regional housing prototypes and costs, market data and interviews. These proformas create base case scenarios for evaluating the financial feasibility of affordable housing production within existing code. The consultants modeled the following base case scenarios: 505 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 38 of 64 • 3-story rental residential with standard parking requirements (2.0 spaces for a 2-bedroom unit); • 3-story multifamily condo development with standard parking requirements (2.0 spaces for a 2-bedroom unit) • For-Sale townhomes with a 3,000 square foot lot size • Single-household units with a 4,000 square foot lot size The UDC currently allows for these base case scenarios in applicable zoning districts, where townhomes and multi-household, respectively, are currently allowed. The consultants applied code incentives to these base case scenarios to see how the incentives change the feasibility of providing affordable housing units. These incentives constitute a bonus on what is currently allowed by the code. The proposed code changes include the following incentives: • Reduced lot size requirements • Reduced parking requirements • Increased building height allowances The consultants adjusted the base case scenarios by allowing smaller lot sizes, increased building heights, and/or parking reductions in exchange for the inclusion of income-restricted, affordable, units in the development. They evaluated the impact of these bonuses on project feasibility and projected the percentage of affordable housing units these incentives would facilitate that would likely not exist “but for” the incentive. Root modeled these base case scenarios in 2021 and updated the same scenarios based on 2024 construction costs and AMI data. Root Policy Research’s, “Bozeman AHO Analysis for Shallow Incentives—Market Conditions Update” (2024). Clarion found that incentives that would ordinarily enhance affordability had only modest impact in the Bozeman market. Yet, long-term affordable housing units remain community assets and every unit counts. Based on these projects Staff and Clarion recommended the creation of the Shallow Incentives. The 2022 Shallow Incentives and the proposed Type A incentives are based on the analysis by Root Policy Research. Type A Incentives (replacement for shallow incentives) The new Type A incentives constitute a replacement for the shallow incentives and are based on the updated 2024 financial analysis (attached) conducted by Root Policy Research. Type A Incentives: • 5% of Rental Units up to 80% AMI for single-household detached and single-household attached dwelling units. • 5% of Rental Units up to 60% AMI, or 8% of units up to 80% AMI for apartment buildings. • Smaller single detached and townhome lots 506 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 39 of 64 • Multi-household buildings get 1-2 stories taller with lower parking requirements. These Type A Incentives are designed to allow the market to produce long-term affordability with a range of housing unit types without the provision of cash or another subsidy. Type B and Type C Incentives (replacement for Deep Affordability Incentives) In 2022, Clarion recommended larger code-based incentives for developments that produced affordability well-beyond what the market would produce with code-based incentives alone. These projects, like GMD’s Arrowleaf and Perennial Park low-income housing tax credit (LIHTC - “Li- Tech”) development and the Bridger View development near Story Mill Park, produced affordability in 50% or more of their units by harnessing federal monetary subsidy, social impact investing, and private philanthropy. In exchange for this depth of affordability, Staff and Clarion recommend the creation of what became the Deep Incentives. Based on public participation and policy direction from the Bozeman City Commission staff is revising the deep incentives and proposing two new types of incentive, the Type B Incentives, and the Type C incentives to replace them. Type B Incentives (replacement for deep incentives) • Height allowed by the underlying zoning district or 4 stories, whichever is less; • 0.25 space per dwelling parking requirement. Type C Incentives (replacement for deep incentives) • 1-4 story height bonus, depending on zoning district; • 0.5 space per dwelling parking requirement. Given the massive public and private incentives required to produce deep affordability, Staff believes providing more significant incentives are appropriate, and likely necessary, to make more projects like these possible. While the legislature prohibited requiring affordable housing, state law does allow communities to provide incentives to encourage creation of affordable housing. The incentives provided in the new Division 38.380 of the ordinance, occur in three tiers. See proposed section 38.380.040 beginning on page 11 of the ordinance for details. Developments providing a greater number of dwellings meeting rent rates have additional incentives. The incentives apply throughout the entirety of a development including qualifying residential buildings, even if some buildings in the development contain no price limited dwellings. The provisions of 38.380 do not affect other incentives or tools the City has to support affordable housing, like direct funding. 507 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 40 of 64 City Initiatives to Support Housing Affordability The current project is a continuation of a long series of efforts in support of producing affordable housing. The city works hard to leverage opportunities and partnerships that can help carry forward housing production and especially housing for the least advantaged. These efforts include but are not limited to: • Regular analysis of housing needs and creation of housing action plans to identify tools and options for housing, most recently the Community Housing Action Plan; • Direct financial support from general funds for multiple affordable housing projects; • Financial support for homebuyer education and down payment assistance; • Accommodating new annexations to provide land for housing; • Supporting rezonings for in-fill development of housing near transit; • Flexible zoning districts that allow for a wide range of housing combinations; • Administrative of-right reviews of most development to provide certainty to the public and development communities; • As noted above, many zoning code revisions have been made over the past 20 years; and • Infrastructure (e.g. streets, water, and sewer) planning and construction support to avoid delays in being able to bring homes to production and be cost effective in installation and operation of essential services. As noted earlier, the city’s first inclusionary zoning policy was adopted in 2007 by Ordinance No. 1709, but it was placed “on hold” until 2012. Other actions included over the years: • 2015 by Ordinance 1922, the City Commission replaced the 2007 Inclusionary Zoning provision; • 2016 by Ordinance 1930, a revision to implement Ord. 1922; • 2017, by Ord. 1980 to remove condominiums from Inclusionary Zoning (IZ) requirements; • 2019 by Ord. 2012, to revise IZ standards; • 2021, the Montana State Legislature adopted House Bill 259 which prohibits local governments from requiring housing fees or the dedication of real property for the purposes of providing housing for specified income levels or sale prices, and which prohibits zoning regulations that require housing fees or the dedication of real property for the purposes of providing housing for specified income levels or sale prices. In other words, they prohibited Inclusionary Zoning; • 2022, Ord. 2104 replaced Planned Unit Development with Planned Development Zones, one of which was to produce affordable housing; and • 2022, Ord. 2105 (current Affordable Housing zoning) established non-cash financial incentives to developers who provide affordable housing. In addition to the above zoning non-cash financial incentives, the City continues its financial support for creation of housing, including, among others: 508 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 41 of 64 • Supporting and completing infrastructure construction such as roads, water, sanitary sewer, and stormwater systems to accommodate urban-scale and density growth; • Use of Tax Increment Financing in support of housing in Urban Renewal Areas; • General fund support for the Affordable Housing Fund and for specific affordable housing projects; • Community Development Block Grant funds supporting housing and, in particular, affordable housing; and • Support of on-going studies, strategies and staffing of City Housing Programs. 509 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 42 of 64 APPENDIX B: COMPARISON OF THE CURRENT AHO SECTION 38.380 DEEP AND SHALLOW INCENTIVES TO THE PROPOSED TYPE A, B AND C INCENTIVES. The Affordable Housing Ordinance (AHO) is a repeal and replacement of the current Ordinance 2105 which would amend the land use regulations of Chapter 38 of the Bozeman Municipal Code (BMC) in support of affordable rental housing production. The proposed amendments will affect land use, residential density, building height and design, and parking standards for targeted residential and mixed-use developments. The amendment applies to new development and applies to projects undergoing development review under Chapter 38 of the City’s Unified Development Code (UDC) and which has not received a determination of application completeness or “adequacy” for further review, public notice, and processing. The AHO would replace UDC 38.380 with a new set of standards addressing (1) incentives to build below-market-rate affordable rental dwelling units in the city; (2) criteria and qualifications for the granting of the incentives; (3) clarification of administration of the affordable housing program; (4) extension of the duration of affordability for subject dwellings from thirty (30) years to fifty (50) years; and (5) establishing the minimum percentage of affordable dwellings per project and the maximum rental rate allowed measured by the Bozeman Area Median Income (AMI); and (6) establishing options of off-site land dedication or cash-in-lieu alternatives as a means of meeting the affordable housing required to use the incentives. The current AHO offers two types of incentives: Shallow Incentives and Deep Incentives. The proposed AHO replaces the Shallow and Deep Incentives with three types of incentives: Type A Incentives which are a variation of the Shallow Incentives, Type B Incentives which are a variation of the Deep Incentives, Type C Incentives which are another variation of the Deep Incentives, and two more options allow Off-Site Land Donations and Cash-in-Lieu Contributions to satisfy the affordable dwellings for projects utilizing Incentives. The following section compares the current Shallow and Deep Incentives to the proposed Types A, B and C Incentives. 510 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 43 of 64 CURRENT Table 38.380.020-2: Affordable Homes Required Shallow Incentives Minimum Percentage of Homes Maximum Percentage of AMI Duration Rental Dwellings For-Sale Dwellings (includes condominiums) Type of Housing Single- Household Detached Dwelling =>5% 80% of AMI 120% of AMI =>30 years Single- Household Attached Dwelling =>5% 80% of AMI 120% of AMI =>30 years Multi- Household Dwelling =>5% 80% of AMI 120% or AMI =>30 years PROPOSED Table 38.380.020-1 Affordable Dwellings Required Type A Incentives   [Changes are in highlighted text] Minimum Percentage of Dwellings Maximum Percentage of AMI  Duration Rental Dwellings  Single-Household Detached Dwelling  All dwelling unit types =>5% 80% of AMI =>50 years Single-Household Attached Dwelling  =>5%  80% of AMI  => 50 years Multi-Household Dwelling  =>5% or,  =>8% 60% of AMI  80% of AMI => 50 years 511 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 44 of 64 I. Comparison of Shallow Incentives to proposed Type A Incentives 1. Single household Detached Dwelling Units Shallow Incentives (existing) For each single household detached dwelling a minimum lot size of 3,000 square feet, or 2,500 square feet, if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. Proposed Type A Incentives [no change proposed] For each single household detached dwelling a minimum lot size of 3,000 square feet, or 2,500 square feet, if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. 2. Dwellings in attached townhome or rowhouse buildings. Shallow Incentives (existing) For each single household attached dwellings (townhouse or rowhouse), a minimum lot size of 2,200 square feet (sf), or 1,800 sf, if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. Proposed Type A Incentives (New incentives are underlined). 1. For single-household detached dwellings, a minimum lot size of 3,000 square feet. Alternatively, if the applicant demonstrates that all other applicable city regulations related to lot development, access, and utilities can be met, a minimum lot size of 2,500 square feet is allowed. 2. For each single household attached dwelling (townhouse or rowhouse) a. A minimum lot size of 2,200 sf or 1,800 sf if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. b. No minimum lot width, maximum lot coverage or maximum floor area ratio requirement if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. c. A townhouse or rowhouse development that includes only dwellings of 1,200 square feet or less of livable square footage is exempt from a minimum on-site parking requirement but may provide one parking space located within a driveway area in the required front setback, provided that the building in which the dwellings are located is three or fewer stories in height. d. In addition to the above incentives, a townhouse or rowhouse cluster with four or fewer attached homes that includes only dwellings of 1,200 livable square feet or less in size 512 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 45 of 64 is exempt from the following: Minimum lot size; Lot coverage; Floor area ratio; Lot area per dwelling unit density standard; Lot width; and Minimum parking requirement. e. For affordable housing developments in R-3 districts, nine (9) additional feet of height, provided that if the development is adjacent to a lower intensity residential zoning district, the transition height setback provisions of 38.320.060.B apply. f. For affordable housing developments in R-4 districts, five (5) additional feet of height, provided that if the development is adjacent to a lower intensity residential zoning district, the transition height setback provisions of 38.320.060.B apply. 3. Multi-household dwellings and dwellings in mixed-use buildings. Shallow Incentives (existing) For multi-household dwellings and mixed-use buildings: a. Ten percent reduction in lot area for applicable dwelling type in Table 38.320.030.A. b. One additional story of height (maximum 15 feet per story) beyond that allowed in the RS, R-1, R-2, R-3, RMH, R-4, R-5, R-O, NEHMU, and B-1 zoning districts. c. Two additional stories of height (maximum 15 feet per story) beyond that allowed in the UMU, REMU, B-2, B-2M, and B-3 zoning districts. d. Minimum vehicle parking requirement of one stall per dwelling for all districts other than B-3 and bicycle parking standards and requirements of 38.540.050 still apply. e. Minimum vehicle parking requirement of 0.75 stall per dwelling for B-3 district; bicycle parking standards and requirements of 38.540.050 still apply. f. Townhouses and rowhouses (two attached units) are principal uses in the R-1, RS, and RMH zoning districts. Proposed Type A Incentives [New incentives are underlined deleted text is struck- through.] For multi-household dwellings and mixed-use buildings: a. In all zoning districts: i. The residential off-site parking standards of 38.540.070.A may be expanded up to 1,000 linear feet from the commonly used entrance to the residential building. ii. Up to 80% of the residential open space requirements of 38.520.060 may be met by providing private balconies provided every affordable dwelling is provided a balcony and access to a ground floor common open space is provided for all residents. 513 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 46 of 64 Ten percent reduction in lot area for applicable dwelling type in Table 38.320.030.A. b. For affordable housing developments in the RS, R-1, R-2, R-3, RMH, R-4, R-5, R- O, NEHMU, and B-1 districts, one additional story of height (maximum 15 feet per story), provided that if the development abuts a lower intensity residential district, the transition height setback provisions of 38.320.060.B apply. c. For affordable housing developments in the UMU, REMU, B-2, B-2M, and B-3 districts, two additional stories of height (maximum 15 feet per story), provided that if the development is adjacent to a lower intensity residential zoning district, the transition height setback provisions of 38.320.060.B apply. d. Minimum motor vehicle parking requirement of one space per dwelling for all districts other than B-3; however, the bicycle parking standards and requirements of 38.540.050 remain applicable. e. Minimum motor vehicle parking requirement of 0.75 stall per dwelling for B-3 district; however, bicycle parking standards and requirements of 38.540.050 remain applicable. f. For affordable housing developments in R-3, R-4, R-5, R-O and RMH, the minimum area per dwelling standards in Table 38.320.030.A do not apply. g. For the M-1 zoning district: i. An apartment building in an M-1 zoning district is a principal use and the prohibition on locating residential uses on the ground floor of an apartment building in M-1 zone in Table 38310.040.C does not apply. ii. In determining the maximum allowable residential square footage of a development in M-1, Table 38.310.040.C fn6 is calculated for the development as a whole rather than per individual buildings. h. Townhomes & rowhouses (two attached units) are principal uses in the TR-1, RS and RMH zoning districts. 514 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 47 of 64 II. Comparison of current Deep Incentives versus proposed Type B Incentives Changes are highlighted. Note that various elements of the Deep Incentives of the current AHO are divided into the two new types of incentives in the proposed update: Types B and C. CURRENT Table 38.380.020-1 Affordable Homes Required for Deep Incentives Minimum Percentage of Homes Maximum Percentage of AMI Duration Rental Dwellings For-Sale Dwellings (includes condominiums) Type of Housing Single- Household Detached Dwelling =>50% 80% of AMI 120% of AMI =>30 years Single- Household Attached Dwelling =>50% 80% of AMI 120% of AMI =>30 years Multi- Household Dwelling =>50% 80% of AMI 120% or AMI =>30 years Proposed Table 38.380.020-2 Affordable Dwellings Required for Type B or C Incentives   Changes are highlighted Minimum Percentage of Dwellings Maximum Percentage of AMI  Duration Rental Dwellings  All dwelling unit types. Single-Household Detached Dwelling  =>50%  80% of AMI  => 50 years Single-Household Attached Dwelling  =>50%  80% of AMI  =>50 years Multi-Household Dwelling  =>50%    60 % of AMI  =>50 years 515 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 48 of 64 Current Incentives for Table 38.380.020-1-- Deep Incentives. If the developer proposes to construct affordable homes that meet the standards in Table 38.380.020-1 in the same geographically contiguous development as market rate homes, the developer may apply the following incentives to all primary buildings in the development in which 50 percent or more of the gross floor area contains residential uses: 1. For single household detached dwellings: a. Minimum lot size of 2,000 square feet (sf); or 1,600 sf if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. b. No minimum lot width requirement above that necessary for access and utilities if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. c. Off-street parking requirement of one space per dwelling. d. Concurrent construction of infrastructure and dwellings per 38.270.030 is allowed. 2. For single household attached dwellings (townhouses and rowhouses): a. Minimum lot size of 1,600 sf; or 1,400 sf if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. b. No minimum lot width requirement if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. c. Off-street parking reduction to one space per dwelling. d. Concurrent construction of infrastructure and housing per 38.270.030 is allowed. 3. For multi-household dwellings and mixed-use buildings: a. One additional story of height (maximum 15 feet per story) beyond that allowed in the RS, R-1, R-2, R-3, or RMH zoning districts. b. Two additional stories of height (maximum 15 feet per story) beyond that allowed in the R-4, R-5, R-O, NEHMU, and B-1 zoning districts. c. Four additional stories of height (maximum 15 feet per story) beyond that allowed in the UMU, REMU, B-2, B-2M, and B-3 zoning districts. d. No minimum on-site vehicle parking requirement, but bicycle parking standards and requirements of 38.540.050 still apply. e. Townhouses* and rowhouses* (two attached units) in the R-1, RS, and RMH zoning districts. f. Exemption from each of the following for buildings containing dwellings, unless an alternative standard is provided in this division: 516 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 49 of 64 (1) Minimum lot size, lot area per dwelling units, and lot width requirement in all zoning districts. (2) Section 38.510.030.E to J block frontage standards, provided that vehicle parking is prohibited between the front or side of a principal building and a public or private street; (3) Section 38.530.040.E maximum façade width standards; (4) Section 38.530.040.F roofline modulation standards; (5) Section 38.530.050 building detail standards; and (6) Section 38.530.060 building material standards. (7) Concurrent construction of infrastructure and housing per 38.270.030. 4. Developments subject to 38.380 may use yield streets without requirement for additional zoning review requirements beyond that for the development within which the yield street will be used. A yield street has the following characteristics: a. Forty-foot right-of-way with two-way dedicated travel in a 16-foot advisory yield zone for motor vehicles and five-foot walkways outside on either side. b. Staggered seven-foot-wide parallel parking spaces which may include chicane style streetscape for varying width of paved area. c. No parking in front of private property that blocks access to property adjacent to the street. d. Passing areas every 100 feet minimum for sight line assurance and yielding capabilities. Passing pullout areas to be not less than 25 feet long. Driveway accesses may serve as passing areas. e. Snow management plan, including enforcement provisions, must be provided during initial development review. (1) No snow storage in passing areas; (2) Adequate storage areas or removal methods must be provided to address two 25- year storms. f. Stormwater must be managed within the right-of-way unless an alternate method compliant with municipal standards is provided. g. A comprehensive street signage plan must be included with initial submittal and executed with infrastructure plans and construction including but advisory signage for yielding to pedestrians/bikes/PTDs and other vehicle travelers. h. The proposed design must be consistent with accessibility requirements established by any governmental agency. i. Design shall address inclusion of any proposed street furnishings, amenities, plantings, etc. j. Yield streets are exempt from the requirements of 38.550.070 for installation of street trees adjacent to individual lots. 517 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 50 of 64 k. The city may limit speeds to less than standard for a local street. l. Maintenance must be maintained by landowners in the development unless the city explicitly assumes responsibility. A funding mechanism equal to that for private streets in 38.400.020 is required for private maintenance. m. Length may not exceed 400 feet without intersecting with a street. Ends must terminate at a street or be provided a fire code compliant turn around. A total length may exceed 400 feet if there are crossing streets with a yield street. n. Adjacent buildings must not exceed three stories unless setup space for fire department ladder trucks is provided adequate to access all buildings in excess of three stories. Proposed Type B Incentives compared to the current Deep Incentives [New incentive text is underlined, deleted text is struck-through.] Type B Incentives allow: 1. For single household detached dwellings: a. 2,000 or 1,600 square feet minimum lot size and no minimum lot width for single household detached dwellings if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. b. off-street parking required at one space per dwelling. 2. For townhouse or rowhouse dwellings: a. 1,600 to 1,400 sf lot size and no minimum lot width if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met. b. Off-street parking requirement of one space per dwelling. A townhouse or rowhouse development that includes only dwellings of 1,200 livable square feet or less of livable square footage is exempt from a minimum on-site parking requirement but may provide one parking space located within a driveway area in the required front setback, provided that the building in which the dwellings are located is three or fewer stories in height.   c. For affordable housing developments in R-3 districts, nine (9) additional feet of height, provided that if the development is adjacent to a lower intensity residential zoning district, the transition height setback provisions of 38.320.060.B apply. d. For affordable housing developments in R-4 districts, five (5) additional feet of height, provided that if the development is adjacent to a lower intensity residential zoning district, the transition height setback provisions of 38.320.060.B apply. 518 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 51 of 64 3. For multi-household or mixed-use buildings: For multi-household dwellings and mixed-use buildings: a. When incentives are requested, the building height of any building in the development is limited to that permitted in the zoning district or four stories, whichever is less and the maximum number of dwellings in a single building is limited to that permitted in the zoning district or 36 dwellings, whichever is less. b. ADA parking spaces must be provided in accordance with applicable building codes. c. In addition to the ADA parking required, a minimum of .25 vehicle parking spaces per dwelling are required. One short-term parking space located at the main building entrance must be provided and identified as a loading zone. d. Bicycle parking standards and requirements of 38.540.050 apply. The number of secure bicycle racks provided must exceed or be equal to 50 percent of the number of dwellings within the development. e. For multi-household dwellings and mixed-use buildings in all zoning districts the minimum lot area per dwelling does not apply. f. For the M-1 zoning district: i. An apartment building in an M-1 zoning district is a principal use and the prohibition on locating residential uses on the ground floor of an apartment building in M-1 zone in Table 38310.040.C does not apply. ii. In determining the maximum allowable residential square footage of a development in M-1, Table 38.310.040.C fn6 is calculated for the development as a whole rather than per individual buildings. a. One additional story of height (maximum 15 feet floor to floor height per story) beyond that allowed in the RS, R-1, R-2, R-3, or RMH zoning districts. b. Two additional stories of height (maximum 15 feet floor to floor per story) beyond that allowed in the R-4, R-5, R-O and B-1 zoning districts. c. Four additional stories of height (maximum 15 feet per story) beyond that allowed in the UMU, REMU, B-2, B-2M, and B-3 zoning districts. d. No minimum onsite vehicle parking requirement, but the bicycle parking standards and requirements of 38.540.050 still apply. e. Townhouses & rowhouses (two attached units) [are principal uses] in the R-1, RS and RMH zoning districts. f. Exemption from each of the following for buildings containing dwellings, unless an alternative standard is provided in this division:   519 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 52 of 64 1. Minimum lot size, lot area per dwelling unit density standard, and lot width requirements, as noted in subsection B.1 and 2 above. 2. Section 38.510.030.E to J block frontage standards, provided that vehicle parking is prohibited between the front or side of a principal building and a public or private street; 3. Section 38.530.040.E. Maximum façade width standards; 4. Section 38.530.040.F, Roofline modulation standards; 5. Section 38.530.050, Building detail standards; and 6. Section 38.530.060, Building material standards.  g. Concurrent construction of infrastructure and housing per 38.270.030.  h. Developments subject to 38.380 may use yield streets without requirement for additional zoning review requirements beyond that for the development within which the yield street will be used. A yield street has the following characteristics: a. Forty-foot right-of-way with two-way dedicated travel in a 16-foot advisory yield zone for motor vehicles and five-foot walkways outside on either side. b. Staggered seven-foot-wide parallel parking spaces which may include chicane style streetscape for varying width of paved area. c. No parking in front of private property that blocks access to property adjacent to the street. d. Passing areas every 100 feet minimum for sight line assurance and yielding capabilities. Passing pullout areas to be not less than 25 feet long. Driveway accesses may serve as passing areas. e. Snow management plan, including enforcement provisions, must be provided during initial development review. (1) No snow storage in passing areas; (2) Adequate storage areas or removal methods must be provided to address two 25- year storms. f. Stormwater must be managed within the right-of-way unless an alternate method compliant with municipal standards is provided. g. A comprehensive street signage plan must be included with initial submittal and executed with infrastructure plans and construction including but advisory signage for yielding to pedestrians/bikes/PTDs and other vehicle travelers. h. The proposed design must be consistent with accessibility requirements established by any governmental agency. i. Design shall address inclusion of any proposed street furnishings, amenities, plantings, etc. 520 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 53 of 64 j. Yield streets are exempt from the requirements of 38.550.070 for installation of street trees adjacent to individual lots. k. The city may limit speeds to less than standard for a local street. l. Maintenance must be maintained by landowners in the development unless the city explicitly assumes responsibility. A funding mechanism equal to that for private streets in 38.400.020 is required for private maintenance. m. Length may not exceed 400 feet without intersecting with a street. Ends must terminate at a street or be provided a fire code compliant turn around. A total length may exceed 400 feet if there are crossing streets with a yield street. n. Adjacent buildings must not exceed three stories unless setup space for fire department ladder trucks is provided adequate to access all buildings in excess of three stories. NEW Proposed Type C Incentives (compared with AHO Ordinance 2105 Deep Incentives with Yield Street provision deleted. Additions are underlined and deletions are struck-through.) 1. For single household detached dwellings:  a. Minimum lot size of 2,000 square feet; or 1,600 square feet (sf) if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met.  b. No minimum lot width requirement above that necessary for access and utilities if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met.  c. Off-street parking requirement of one space per dwelling unit. d. Concurrent construction of infrastructure and dwellings per 38.270.030 is allowed.  2. For townhouses and rowhouses:  a. A development that proposes a single grouping of two townhouses or rowhouses are a principal use in the R-1, RS and RMH zoning districts. b. A minimum lot size of 1,600 sf or 1,400 sf if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met.  c. No minimum lot width requirement if the applicant demonstrates that all applicable city regulations related to lot development, access and utilities can be met.  d. Off-street parking requirement of one space per dwelling unit. A townhouse or rowhouse development that includes only dwellings of 1,200 livable square feet or less of livable square footage is exempt from a minimum on-site parking requirement but may provide 521 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 54 of 64 one parking space located within a driveway area in the required front setback, provided that the building in which the dwellings are located is three or fewer stories in height. e. Concurrent construction of infrastructure and housing per 38.270.030 is allowed.  3. For multi-household dwellings, other than those in paragraph 2 above (townhouse/rowhouse), and mixed-use buildings:  a. One additional story of height (maximum 15 feet floor to floor height per story) beyond that allowed in the zoning districts. b. Two additional stories of height (maximum 15 feet floor to floor per story) beyond that allowed in the R-4, R-5, R-O and B-1 zoning districts, provided that where any building in the development which utilizes building height incentives abuts a lower intensity residential district, the transition height setback provisions of 38.320.060.B apply. c. Four additional stories of height (maximum 15 feet per story) beyond that allowed in the UMU, REMU, B-2, B-2M, and B-3 zoning districts, provided that where any building in the development which utilizes building height incentives abuts a lower intensity residential district, the transition height setback provisions of 38.320.060.B apply. d. No minimum onsite vehicle parking requirement, but bicycle parking standards and requirements of 38.540.050 still apply. ADA parking spaces must be provided in accordance with applicable building codes. In addition to ADA parking spaces, a minimum vehicle parking requirement of 0.5 space per dwelling is required. One short-term parking space located at the building entrance must be provided and identified as a loading zone. f. Bicycle parking standards and requirements of 38.540.050 still apply with the number of bicycle racks provided must exceed or be equal to 50% of the number of dwellings within the development. g. For multi-household dwellings and mixed-use buildings in all zoning districts the minimum lot area per dwelling does not apply. h. For the M-1 zoning district: i. An apartment building in an M-1 zoning district is a principal use and the prohibition on locating residential uses on the ground floor of an apartment building in M-1 zone in Table 38310.040.C does not apply. ii. In determining the maximum allowable residential square footage of a development in M-1, Table 38.310.040.C fn6 is calculated for the development as a whole rather than per individual buildings. NEW AHO Section 38.380.060, Alternatives for Land Donation and Cash-in-lieu. As an alternative to constructing the affordable dwellings required by 38.380.020, the applicant may qualify for the incentives listed in 38.380.040 by: 522 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 55 of 64 A. An applicant may donate one or more parcels of land within the city limits to the city for the purpose of building affordable dwellings, subject to the following: 1. The donated land may be one or more undeveloped parcels or ready-to-build lots but must be capable of being used as the site of residential dwellings that meet the standards of this division. All donated land will be used only to support the creation or preservation of affordable dwellings. 2. The value of the donated land must be equal to or exceed the cost of designing, obtaining land use and building approvals for, installing or upgrading infrastructure for, and constructing the number of affordable dwellings the applicant would otherwise be required to provide in return for the requested incentives in 38.380.040, as established by an independent valuation and economic report dated no less than one year prior to transfer of the ownership of the land to the city and produced by one or more independent firms selected by the city and paid for by the applicant. 3. The city commission must approve the donation of land pursuant to 2.08.100. B. An applicant may provide a cash-in-lieu payment to the city’s community housing fund. The review authority may establish administrative rules and procedures for the calculation and implementation of a cash-in-lieu program. The city must use all cash-in-lieu funds to support the creation or preservation of affordable dwellings. The following apply to payment of cash-in-lieu: 1. For each affordable dwelling required by 38.380.020, but not provided, the cash- in-lieu amount will be established based on a per dwelling price adopted by resolution of the commission. 2. The per dwelling amount must be based on the difference between the average new construction rental rate for apartments in the city and the established affordable rental rate calculated over the course of 20 years. 3. The cash-in-lieu amount must be determined on the number, type of dwellings, and mix of bedrooms identified as affordable in the affordable housing plan and proposed to be constructed. 4. Cash-in-lieu payments must be paid prior to issuance of a building permit for any dwelling in the development. In addition to amendments to the Affordable Housing Division 38.380, Section 38.540.050.A.1.b(1) of the Bozeman Municipal Code would be amended as follows: “Affordable dwellings housing. When calculating the amount of required parking for affordable dwellings housing, as defined in section 38.700.020, of this chapter if the project is guaranteed for use as affordable housing for a minimum period of 30 years and the use as affordable housing is 523 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 56 of 64 subject to long term monitoring to ensure compliance and continued use as affordable housing, required parking spaces must be calculated based on number of bedrooms outlined in Table 38.540.050-1, but may not exceed 1.5 spaces per unit. if the project is subject to an approved affordable housing plan, then required parking spaces must be provided pursuant to division 38.380.” Division 38.700, Definitions, of the Bozeman Municipal Code would be amended as follows: 1. That the definition of “affordable home” in 38.700.020. – A definition be amended as follows: “Affordable dwelling home. A residential dwelling unit for rent or purchase that a subdivider or developer has committed to making affordable as an affordable home at the AMI levels to qualify for the incentives in pursuant to 38.380. 2. That the definition of “affordable housing” in 38.700.020. – A definition be repealed. 3. That the definition of “yield street” in 38.700.170. - S definitions (subsection 9 within the definition of "Street Types") be repealed. 524 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 57 of 64 APPENDIX C – COMMUNITY DEVELOPMENT BOARD COMMENTS AT THE JANUARY 13, 2025, PUBLIC MEETING Upon hearing the staff report, the Community Development Board, acting as the Planning Commission, offered the following questions and comments of staff. Staff responses are summarized below. • Do the incentives apply to the entire development or to a particular building? o Staff response: They apply to the entire development project. For example, if the developer requests the parking reduction incentive, it would apply to the entire development and not just to the building that included the affordable dwellings. • Since different areas of the city have different resources such as transit availability, does the ordinance allow the city to require a parking study to evaluate the impact of no or less parking for a project? o No, if an applicant requests an incentive and the proposed project qualifies for the incentive, then the project receives the incentive as-of-right, and no study is needed. • For the incentive that requires a zone edge transition in building height, does the transition apply within the same zoning district? o No, the transition in building height only applies if the project site abuts a lower density residential zoning district. • Does the ordinance allow the city to calibrate the advantages and disadvantages to the neighborhood in granting incentives to a project producing affordable housing? o If the project meets the criteria for the particular incentive(s) requested and the submitted housing plan meets the standards of the ordinance, the project receives the incentives. • Can the city say “no” to a project seeking to use the incentives? o If the project meets the criteria and standards of the AHO as well as the other criteria and standards of the UDC, the city cannot deny use of the incentives. Section 38.380.020.A of the AHO states that all other code provisions of the UDC remain in effect and apply to the project. If the project does not meet all other applicable code provisions, the city can deny the project. • Can the city differentiate between in-fill and greenfield development in granting incentives such as the parking exemptions? o Differentiating between areas of the city in granting incentives may be contrary to the city’s growth policies that seek affordable housing in all parts of the city. The AHO does not differentiate between in-fill and greenfield locations. • How will the city assure that the affordable dwelling units remain affordable for the 50- year period? 525 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 58 of 64 o The developer will record a deed restriction on the property for the affordable units that goes with the land for the 50-year period. • How does the affordable dwelling units get allocated within the development? o The developer submits an affordable housing plan which identifies where the affordable units will be located within the development and when they will be built? The AHO Development Standards stipulate that the affordable units must be built and occupied prior to or at the same time as when the market-rate units are built and occupied. • The Type B incentives for multi-household buildings, the incentive grants a building height of four stories or whatever the zoning district allows “whichever is less”. Why is this an incentive? o This provision is intended to assure moderately scaled buildings in the particular zoning district. • How does the cash-in-lieu provision work? o If the developer wishes to contribute cash to the city in lieu of any or all of the affordable dwelling units he is required to provide based on the incentives he receives, the city’s housing program staff will calculate the dollar amount for this contribution based on the size of the unit, the AMI rental rate required for that unit, on the duration of the affordability required for that unit, and multiplied by the number of units the developer seeks to cash out. • Will the City Commission be the entity that must approve using the cash-in-lieu option? o The city’s Housing Program staff will make that determination. • In a multi-phased development, the ordinance states that the affordable units must be completed, and a certificate of occupancy be issued for them prior to or at the same time as the market-rate units. o The Affordable Housing Plan would specify where and when the affordable units would be built and occupied in relation to the market-rate units. • Does this ordinance replace all the provisions of Ordinance 2105 or just the provisions of Section 38.380? o This ordinance just replaces the provisions related to Section 38.380. • How do the provisions of the proposed AHO relate to projects using LIHTC? o The incentives and requirements of the proposed AHO work with any LIHTC (pronounced Lie-tech) provisions for a wholly affordable housing development. There is always a financing gap with LIHTC projects, and the incentives offered by this AHO help to close that financing gap. • The current AHO offers the public opportunities to comment or to appeal a decision on the project. Does the proposed AHO offer the same? o Those public comment and appeal provisions of the UDC are unchanged by this ordinance. • Is concurrent construction still available with this ordinance? 526 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 59 of 64 o Yes, the provisions of 38.270.030 allowing concurrent construction are unchanged. • The ordinance offers incentives for townhouses, but this ordinance is for rental units only. o Yes, we anticipate that we will come forward in the near future with provisions for “for sale” units which will apply to townhome dwellings on fee-simple lots. However, it may be that a developer seeks to build townhomes and keep the units as rentals until he is ready to sell the lots with the income restriction. • Does the ordinance have a provision that explicitly preserves trees? o No, the AHO does not have such a provision and, instead, relies on other provisions of the UDC to preserve trees, wetlands, flood zones and the like. • Do the architectural standards of the UDC still apply to developments seeking these incentives? o Yes, the building and design standard exemptions of the current AHO have been removed from this proposal and those standards still apply. • How does the city assure the quality and proper maintenance of the affordable units over time? o The AHO Development Standards require all units within the development, both affordable units and market-rate units, to be built with the same features and of the same quality. Once built, and over the 50-year duration of the affordable requirement, there is no specific requirement or standard for maintenance of the building or unit. Typically, the owner of affordable units in a development will keep it in good conditions so that at the end of the affordability period, it will be easy to re-finance or in good condition for sale. The UDC does not have maintenance standards for buildings over time. The State legislature has not granted cities a Building Maintenance Code to assure that older buildings continue to meet building codes. • What is the justification for granting an exemption from parking for 1,200 square feet sized townhouses/rowhouses? o The 2021 Root Study analyzed various types of housing and found that the small sized townhouse is the most economical type of house to build and is most suited for sale to “missing middle” households in the city. • Type B and C incentives should have a minimum of one parking space required or should have a requirement of a parking study for the development to identify the impact of lesser parking to on-street parking resources in the area. The parking study requirement could be required of in-fill development rather than developments on the outskirts of town. • Many workers of the city’s businesses have to commute farther and farther from the city to find housing they can afford. Do we know the number of affordable housing units needed to accommodate those workers in the city? o The latest Census may have those numbers. It could be as many as 14,000 units. • Type B or C incentives—limit them both to 4 stories and 36 dwelling units max. 527 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 60 of 64 • Do the incentives for housing in the M-1 district apply to the NEHMU? There is talk that the NEHMU would be rezoned as an M-1 district. o The NEHMU would not qualify for the M-1 incentives unless it does rezone. • Has the Sustainability Advisory Board provided comment and ideas on this AHO? o We have not taken this proposal to the Sustainability Advisory Board for comment. • Due to changes in workforce income, rent levels at the current 80% of AMI is not “affordable”; setting the rent levels at 60% is good. • It would be helpful to match text of the AHO with some images, drawings. • Can the AHO require applicants to hold a neighborhood meeting to share the project with neighbors and the affordable housing plan should have a section that includes the public comments received at that meeting and by public notice. o The Guthrie Apartment project’s applicant held a neighborhood meeting, but a summary of the comments received were not included in the application or in the staff report. • Regarding Naturally Occurring Affordable Housing (NOAH), how many such units are we losing? o That data is not collected by any source that we are aware of. • How can we assure maintenance of the affordable units over the 50-year period? • The AHO should require the applicant to hold a neighborhood meeting. • The AHO should not change any UDC provision that allows the City Commission to reclaim a development application that seeks to use the incentives. • The AHO should require a parking study for any development application that seeks to use the parking reduction or exemptions of the AHO. • There is concern that landowners seek to rezone properties within established lower density neighborhood to the B-2M district which this AHO would allow four additional stories; this would be out of scale with the neighborhood. • Each AHO project should be evaluated by the relevant growth policies They are not “one size fits all” projects. • There is concern with one size fits all approach to the AHO. • I like the Type B and C options and the requirements of the Housing Plan and the AMI change. • The City Commission should be required to approve a cash-in-lieu option. • There should be a neighborhood meeting with the comments therein noted in the housing plan or other approval documents. • The impacts of a particular development using incentives on its environs (parking, scale) should be evaluated and stated in any approval document. • The parking incentives are appropriate to facilitate production of affordable housing. • The applicant using incentives in their project should hold a neighborhood meeting to inform the neighbors of the proposal. 528 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 61 of 64 • The Type C incentives would allow 6 story buildings in the REMU districts and 8 story buildings in the B-2M districts. • Concern with maintenance of the units/ affordable buildings over the 50-year affordability period. • This AHO is a compromise regarding public concerns with the current AHO and is an acceptable trade-off. • The tradeoff of the proposed AHO is worth it if the projects using incentives, are spread- out all-over town. • Areas of town are developing differently. We want a quality city. I am opposed to no parking allowances in some locations of the city. • The city does a lot to facilitate affordable housing. With the AHO the burdens of the incentives are localized. I prefer a housing tax to fund the construction of affordable housing rather than granting these incentives. Let the city or a non-profit organization building the long-term affordable housing rather than the private sector. APPENDIX D - NOTICING AND PUBLIC COMMENT Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was published in the Bozeman Daily Chronicle on 2/21/2024, 12/28/24 and 1/4/25 and contained all required elements. The notice and text were also provided through the City’s Community Development web viewer and the Bozeman.net news page. Notice was provided at least 15 calendar days before the public hearing before the Community Development Board in their capacity as the Zoning Commission, and not more than 45 days prior to the City Commission public hearing. The City exceeded the required notice provision. Hearing dates are on the first page of this report. The Economic Development Department’s Housing Team hosted an open house to discuss options for amending the current Affordable Housing Ordinance (AHO). Staff presented a slide show on housing issues and options for incentives toward supporting low-income-affordable housing in the city and they queried participants as to their preferences of incentives that could be offered developers of affordable housing or mixed market-rate and affordable housing projects. Staff also hosted a short on-line and “hard copy” survey to query residents about their concerns and preferences for incentives to offer in an updated AHO. The AHO survey is closed now and the results are now available in the Resource Documents section on AHO Engage Bozeman along with written comments received at the Open House. Several written public comments have been received on the need to revise the AHO and they are found a this link through the Laserfiche archive. If additional written comments are received prior to the Community Development Board/Zoning Commission meeting, they will be placed in the project folder in Laserfiche. 529 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 62 of 64 Public Comment Summary of Topics: • The projects utilizing the incentives result in loss of mature trees, wetlands, and their habitat. • If trees are on a proposed AHO site, an independent urban forest ecologist must evaluate the project for a Tree Equity Score (TES) and if the TES is less than 75, more trees should be planted. • The affordability period of 30 years is insufficient; Increase the affordability period to 99 years. • The “swap” of off-site, distant land for no affordable units within a development is inappropriate and the “gifted: land may never be developed with affordable housing. • The projects provide only a few (in one case, only two) affordable units for height incentives on a development that is out of scale with the neighborhood. • Loss of “naturally occurring affordable housing (NOAH) with redevelopment projects and the new development should require the same number of affordable units as that were destroyed in addition to the AHO requirements. • The text of the ordinance should specifically state that developments located within the Neighborhood Conservation Overlay District must comply with the provisions, processes, standards, and guidelines of UDC Section 38.340. • AHO developments within the Neighborhood Conservation Overlay District (NCOD) should have height transition requirements (within the same zoning district) and limit the height incentives to result in no more than two stories higher than the building next to it. • Require affordability period to be 75 years. • Density does not create affordability as shown by the 1,100 apartments for rent in Bozeman listed on Apartment.com at unaffordable rents, rather, it ruins the essence of the community. • Instead of demolishing NOAH units, we should empower our city and residents and invest in a Housing Authority to produce permanently affordable units. • The AHO allows administrative review of developments using incentives rather than the City Commission; the AHO should state that all AHO projects can be appealed to the City Commission per UDC 38.250, Appeals, Deviations, Departures and Variance Procedures; The current AHO Ordinance 2105 states and should be included in the proposed AHO to read: “K. Decisions of the community development director and other review authorities are subject to the appeal provisions of division 38.250 of this chapter.” • Section 38.200.010, Review Authority, of the existing AHO Ordinance 2105, Section J should be added to the proposed AHO to state: “J. The city commission or its designated representatives may require the applicant to design the proposed development to reasonably minimize potentially significant adverse impacts identified through the review required by these regulations. The city commission or its designated representatives 530 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 63 of 64 may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the development as submitted. Recognizing that the standards of this chapter are minimum requirements, and the public health, safety, and general welfare may be best served by exceeding those minimums, the city commission or community development director may require as a condition of approval mitigation exceeding the minimums of this chapter.” • Remove the NCOD area from the AHO and limit the AHO’s use to greenfield sites. • Designate an Affordable Housing Overlay Zone within the NCOD which preserves NOAH sites and allows new “neighborhood-friendly” affordable housing to be built as part of redevelopment or infill projects. • Require the City Commission to make the final decision on any AHO project located within the NCOD. • Amend subsection D of BMC 38.410.130, Water Adequacy, to require 33% affordable housing in all residential developments of 3 or more units that seeks to pay cash-in-lieu of water rights. • Reduced parking and increased height “dwarfs” existing homes. Please replace this with affordable housing overlays for suitable infill or redevelopment sites or with a public housing authority that actually provides long-term affordable housing without severely disrupting the quality of life of those living near it. • I like the building height transition zone provisions for the building height incentives. • Developers will provide parking according to what they perceive is needed for their tenants even if they take advantage of AHO incentives. • It is good that the exemptions from the building design and site design standards have been removed from the AHO. The standards of the NCOD should continue to apply. • The ordinance should have a provision that allows the city to deny a project using the AHO incentives if it is determined that the impacts of the development are onerous, and the city should be able to impost conditions of approval needed to mitigate negative impacts of the development on the neighborhood. • There have been demolitions of 95 existing homes, NOAH units in the city in the past five years. • The change in the AMI metric from 80% of AMI to 60% of AMI is good. • The additional building height in the urbanized areas of town, particularly the B-2M districts is concerning. Those “spot zoned” B-2M districts should have height transition zone requirements even for sites within the same district. • The AHO incentives are not producing a diversity of housing types to meet the demands of the city’s workforce; this does not address growth policies. • Prohibit the use of land donations and cash-in-lieu unless the city adopts a housing authority and uses that land and cash to build permanently affordable housing. 531 City Commission Staff Report for the Affordable Housing Ordinance 2025, Division 38.380 Repeal and Replacement Text Amendment, Project No.24529 Page 64 of 64 • The language around the cash-in-lieu is confusing; perhaps an example calculation would be helpful. • Before drastically reducing parking for AHO projects, we need a viable non-car option for people who need to get to work, run errands and enjoy Bozeman and Montana. • We need to focus on building and preserving missing middle housing, not just complexes. • Protect older homes with an Affordable Housing Protection Overlay District and protect manufactured homes in Manufactured Home Parks APPENDIX E - APPLICANT INFORMATION AND REVIEWING STAFF Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771 Representatives: Department of Community Development, City of Bozeman, PO Box 1230, Bozeman MT 59771; and Economic Development Department/ Housing Division, City of Bozeman, 212 N. Rouse Avenue, Bozeman, MT. Report By: Susana Montana, Senior Planner and Chris Saunders, Community Development Manager and David Fine, Economic Development Department, Housing Manager FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Attachment A: Link to the proposed AHO Ordinance Attachment B: Link to the current AHO Ordinance No. 2105 532 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: A85EDB63-ECB5-4B0B-BE91-D5E3EC2ECC78 90533 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: Edward Bryne Memorial Justice Assistance Grant (JAG) Program -Local Solicitation Jamie Grabinski Police Department Jamie Grabinski Dana McNeil 16.738 2025 20,617.00 No 0.00%010-3010-421 Yes No The Edward Bryne JAG program provides financial assistance to local jursidictions to purchase eligible supplies and small equipment for operations. The grant amounts are pre-determined by the grant agency based upon population. The City of BZN PD plans to use the funds to continue to update and enhance the computer forensics lab which will bolster the effectiveness of criminal investigations. The financial reporting for this grant is completed in JustGrants portal. The programmatic reporting is completed in the performance measurement platform. And, the payments are completed via ASAP drawdown system. n/a n/a n/a n/a - n/a n/a n/a n/a - 1/14/2025 Docusign Envelope ID: A85EDB63-ECB5-4B0B-BE91-D5E3EC2ECC78 91534 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: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 56535 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: MT Department of Natural Resources Urban & Community Forestry Program Development Grant application Alex Nordquest Parks and Rec (forestry division) Alex Nordquest/Jamie Grabinski Alex Nordquest 10.664 FY2025 20,000 No 33.33%112-7710-454-20-99 $ 6,667.00 Yes No Available through the MT Department of Natural Resources, this grant opportunity provides funding for program development. Forestry is applying for funding to update the Urban Forest Master plan identified in the 2026-2030 capital improvement plan. Grant reporting and reimbursements are completed via the online portal Submittable. n/a n/a n/a n/a n/a 1/14/2025 Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 57536 Montana DNRC Grants Powered by Submittable Title City Of Bozeman Forestry Division by Alex Nordquest in Forestry - UCF Program Development (PD) FY25 anordquest@bozeman.net 01/03/2025 id. 49231929 Original Submission 01/03/2025 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 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 all final submissions. 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. Jamie Grabinski 2.5. Secondary Contact Phone +14065822364 2.6. Secondary Contact Email jgrabinski@BOZEMAN.NET 3. Project Elements 3.1. Project Name 2026: Bozeman's 2nd Urban Forest Management Plan Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 58537 3.2. Project Location City of Bozeman, City-wide 3.3. Have you contacted your DNRC Service Forester? Yes 3.3.1. Foresters Name Elias Davis 4. Project Description 4.1. Project Description - Provide 2-3 pargraphs that summarize your project. In 2016, Bozeman completed its first ever Urban Forest Management Plan (UFMP). This comprehensive document marked our first concerted effort towards long-term planning for Bozeman's urban forest; key recommendations included creating & hiring a city forester position, completing a city-wide tree inventory, and preparing for the Emerald Ash Borer. Now nearly 10 years later, we've accomplished many of the plan's goals and it's time for an update. There are various metrics and performance measures to modernize, we've developed a nonprofit partnership for community engagement, and we're seeking ways to address a growing public concern over urban trees as Bozeman continues to develop rapidly. A new UFMP would build off the momentum of the 2016 version and provide fresh perspective. We're seeking grant funds to cover a portion of the cost for contracted services to develop the UFMP. The ideal candidate would have experience developing UFMP's across the country, with a keen focus on fast-growing urban areas and strategies to minimize tree loss and wildlife impacts. A major outcome of the project would be to offer recommendations on diversifying our community outreach and public engagement. This project is a critical part of our Department's goals, City Commission priorities, and Budget Planning. 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 tree inventory system is a powerful tool for our entire operation, and our proudest accomplishment from the 2016 UFMP. In 2017, I was hired as Bozeman's first City Forester and inherited an incomplete tree inventory. We spent 2018 hiring contractors to record trees in the remaining street boulevards and city parks to achieve 100% completion. We also adopted new software from our GIS Division which allowed us to update trees live as we complete work. All planting, pruning, and removals are now recorded live to keep the system accurate and constantly updated. 5.1.2. Upload your Tree Inventory BozemanTreeInventory_20241223.xlsx 5.2. Do you have an urban forest management plan? Yes Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 59538 5.2.1. How does your urban forest management plan tie into the project? Our main objective is to update the current UFMP. It'll be ten years old in 2026, so funding development in 2025 would be ideal timing to present a finished product to City Commission and the general public. Undertaking this effort without grant funding would place significant strain on the Forestry Division's budget. 5.2.2. Upload your Urban Forest Management Plan. Bozeman_Urban_Forestry_Management_Plan.pdf 5.3. Is the project located in a Tree City USA community? 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. A new UFMP would build upon the current version, which provides a variety of educational talking points and visuals for the public. The current version explains our over-reliance on Green Ash and the concerns of monocultures, provides graphs for age & species diversity, and describes the variety of environmental & health benefits urban trees provide. The 2026 UFMP would need to provide updated figures for all of these items, as we've made steady progress reducing our Ash population and trialing new species to increase our tree diversity. 6.1.2. Explain how the project advances climate change mitigation and adaptation. We know from our current UFMP and tree inventory data that Ash and Maple make up almost half of our urban forest - we are extremely vulnerable to losing these trees to pest, disease, or weather issues. A new UFMP will analyze the progress we've made reducing our Ash population and replanting with diversity; and offer new strategies to further bolster our urban forest to a changing climate. Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 60539 6.1.3. Explain how the project expands opportunities, resources and access for underserved and at- risk populations and communities. We have steadily increased our community engagement over the years through social media, volunteer opportunities, and printed media. But there is still much room for improvement across the city. Many residents are still unaware of our services and the shared maintenance responsibilities between property owners and the Forestry Division; Rental properties have mostly empty boulevards due to a lack of communication among tenants, landlords, and the city; School properties lack boulevard trees due to overzealous safety concerns. A new UFMP will offer innovative strategies to address these problem areas. 6.1.4. Explain how the project advances tree inventory and assessment information. In 2018 we overhauled our tree inventory system. We mapped all remaining areas of town and each Forestry staff member received an iPhone for live editing of tree data - we now track all of our work accurately. This effort drastically improved the quality of our inventory system and constantly guides our workflow. The system is not perfect, however, and we'd greatly benefit from the outside perspective of a consultant to squeeze every possible insight from this data. Year-over-year trends, for example, are not automated from our data system and have to be done manually. 6.1.5. Explain how the project promotes urban forestry planning and tree management plans, including broadening community engagement. Community engagement is one aspect of our 2016 UFMP that has room for improvement. We have minimal involvement with our K-12 School system and only a few projects with the local university. We do have a partnership with a local nonprofit for volunteer planting efforts, but resources are limited for both parties. As our main planning and management tool, a modern UFMP will help address community engagement by referencing successful programs across the country and offering solutions catered to Bozeman's unique challenges. 6.1.6. Explain how the project develops and encourages the profession of urban forestry through technology transfer, education and training. I'm proud to say that our Forestry Division operates with a high degree of excellence. Our staff members are motivated, professional, and knowledgeable; they value their work and are proud to represent Bozeman. This is largely due to our inventory system, which provides visual progress of their work and involves everyone in the management process. Innovative approaches like this are the result of achieving goals within a well-planned Urban Forest Management Plan, which can be shared with other communities as a publicly available resource. 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 2016 UFMP has outdated metrics on the profile of our urban forest. For example, estimates of the overall park & boulevard population were 21,000 - we currently have 27,000. A pie chart showed Ash trees at 47% of the population - it's currently 24%. Several paragraphs describing ecosystem benefits are again estimates, and would benefit from accurate data reflecting Bozeman's urban forest today. Keeping these metrics current provides us with better performance measures and goals as an operation. 7. Project Personnel 7.1. List the Project Personnel I would like to use the provided table for my project personnel information. Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 61540 7.1.1. Provided Project Personnel Table Project Personnell List.xlsx 7.2. Supplemental Information - Project Personnel Narrative. If desired, use this space to explain or expand on the Personnel information. Community input would be a major component in creating a new management plan. This would be a key deliverable of the consultant: to host in-person and/or virtual sessions to gather public input. In addition to relevant staff members, The Mayor and a City Commission liaison would be attending each public session. The Bozeman City Commission greatly values this process, as public concern over trees lost to development has been a consistent theme over the last few years. Alex Nordquest - Alex would be heavily involved with this project, developing the RFQ language to select a contractor. He would also attend these public sessions and work directly with the consultant at all levels of the project. Mitch Overton - the Director of the Parks & Rec Department would attend public sessions and offer high-level expertise to guide the project in alignment with the City's overarching Strategic Plan. He would also be responsible for relaying communication between City Commission and the Mayor for participation in this process. Forestry Division staff - The Forestry team would provide occasional input based on their expertise as the field crews maintaining the urban forest. They do the work day in and day out and have the most interaction with the public, caring for trees in every neighborhood. This intimate connection to the urban forest means they'll offer valuable suggestions. Jamie Grabinski - The city's Grants Coordinator will assist with any technical aspects of fulfilling the grant. This includes initiating our internal routing forms for city management, assisting with reporting, and tracking expenses with our Finance Department. 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. Local support is not anticipated to produce the actual UFMP. Community involvement will be a major component of the plan, but not for the purposes of this grant application. Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 62541 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. Working on a new management plan is a major goal of the Forestry Division's work 2025-2026 work plan. A spring timeline to draft and publish a request for qualifications (RFQ) for potential contractors is ideal for starting this process. The ideal candidate would then be ready to work quickly, hosting community outreach sessions in the summer months to understand our community's concerns with the urban forest. Feedback from these sessions would then be compiled with any internal meetings, City Commission concerns, and discussion from our Urban Parks & Advisory Board. A final product would be developed from all these sources, as well as the contractor's expertise, in the final months of 2025. The Forestry Division would then present the finished document in early 2026 to City Commission, relevant city departments, and the general public. The final UFMP would be publicly available as a permanent fixture on the Forestry Division's website. If the chosen contractor is unable to complete the entire UFMP within the 12 month grant agreement, we would itemize the community outreach portion for grant funding. This is the most important aspect and easy to complete early on in the process. We anticipate total costs of the UFMP to exceed the grant amount requested and remaining costs are accounted for in the Forestry Division budget. 9.3. Does your project include tree planting? No 10. Project Monitoring and Effectiveness Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 63542 10.1. Describe how your project will meet the needs and benefit your community at large. Outline long-term results, outputs and deliverables. Urban trees are increasingly recognized around the globe for their benefits - the latest news, trends, and technology should be considered for addressing Bozeman's local concerns. A new management plan would integrate feedback from the public, city staff, and management to form a comprehensive set of tools & guidelines for the future of our urban forest. Bozeman has several current struggles with its urban forest. While we're reducing our Ash population, Green Ash still remains the predominant mature canopy species throughout our neighborhoods. Replanting with appropriate diversity is challenging with limited availability of desired varieties. Conserving water is a top priority in the community, but trees require water for establishment and healthy maintenance. Residents desire native trees, yet few are suitable for boulevard planting. Residents are also voicing concerns about trees lost to development to the City Commission. We need a new management plan to offer guidance on these issues to maintain the high standard of care & service that the Forestry Division is known for. 10.2. Describe any potential challenges that could impact the project. Timing is the main concern for this project. The writing of the RFQ would need to be complete in spring of 2025 and that's in the midst of several other seasonal priorities for the Forestry Division. If awarded grant funds, we'd need to coordinate quickly with the chosen contractor for development of the management plan. If the contractor isn't able to start the project in July, we may run into delays given the 12 month period for the grant award. However, those concerns would be mitigated by focusing solely on the community outreach sessions. The contractor should readily be able to schedule and conduct all these sessions within the 12 month period for the grant, and the city's Forestry Division will fund the remainder of the UFMP with its allocated budget. 11. Budget Check "More Information" to learn about direct and indirect costs. More Information Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 64543 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 Direct costs. 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 15%. You can request less than 15% but unless you have a NICRA, you cannot request more than 15%. 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 Bozeman_-_UCF_PD_FY25_-_Budget_Template_Match.xlsx 11.3. Total Funds Requested. 20000 11.4. Total Funds Pledged to Match. 74510 12. Supporting Documentation Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 65544 12.1. Supplemental Information - Upload any supporting documentation you would like included in the application. 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 Docusign Envelope ID: 9413CF43-B4AB-4D8C-A6AC-62BBD52A4268 66545 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: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 44546 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: MT DNRC Urban & Community Forestry Inflation Reduction Act Grant Alex Nordquest Parks & Rec (Forestry Div) Alex Nordquest/Jamie Grabinski Alex Nordquest 10.727 FY2025 $20,000 No 0.00%112-7710-454-20-99 Yes No Available through the MT Department of Natural Resources, Urban and Community Forestry, this grant application request is for a second round of funding to purchase trees and offer a voucher program for our community engagement inititative, Branch Out Bozeman. The vouchers will reimburse tree planting on eligible private property. Eligible uses of funds include the purchase of trees and vouchers. Grant reporting and requests for reimbursement is completed via an online portal Submittable. n/a n/a n/a n/a n/a 1/14/2025 Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 45547 Montana DNRC Grants Powered by Submittable Title City of Bozeman Forestry Division by Alex Nordquest in Forestry - UCF IRA FY25 anordquest@bozeman.net 01/02/2025 id. 49223484 Original Submission 01/02/2025 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? No 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. Jamie Grabinski 2.5. Secondary Contact Phone +14065822364 2.6. Secondary Contact Email jgrabinski@BOZEMAN.NET 3. Project Elements 3.1. Project Name Branch Out Bozeman: Volunteer Planting Sites and Voucher Program - Round Two Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 46548 3.2. Project Location Throughout City of Bozeman CEJST and EJ Map Layers 3.3. Map of Project Location IRA_Round_Two_Bozeman_Tree_Planting_within_Disadvantaged_Map.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 3.5.1. Foresters Name Elias Davis 4. Project Description 4.1. Project Description - Provide 2-3 pargraphs that summarize your project. The City of Bozeman's Forestry Division received funding in the initial IRA grant program to support tree planting projects. This effort is ongoing and focuses on both volunteer planting sites and a voucher to discount planting on private property. Planting more trees and educating the community are major goals of our partnership with local nonprofit Gallatin Watershed Council, which we're calling Branch Out Bozeman: Urban Forest Network. We're seeking additional grant funding to strengthen this program. A second round of planting and vouchers would allow us to reach more residents in disadvantaged areas. We've identified several public parks & boulevards for planting projects, and more residents could take advantage of the voucher system to assist with the cost of planting trees on their own property. 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? We'd record any tree planting within city parks and boulevards on our inventory system. We maintain an active record of over 27,000 trees, noting new planting, various types of pruning, and 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_20241223.xlsx 5.2. Do you have an urban forest management plan? Yes Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 47549 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 species diversity. 5.2.2. Upload your Urban Forest Management Plan. Bozeman_Urban_Forestry_Management_Plan.pdf 5.2.3. Is the project located in a Tree City USA community? 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 volunteer planting is a chance to engage our community. We use the opportunity to explain key benefits provided by new trees - shade for playgrounds, grass, and buildings; biodiversity for a resilient landscape, improved stormwater and erosion effects, and beautification. The voucher program includes educational materials explaining the benefits of trees. Particular focus is given to planting orientation - 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. All efforts through Branch Out Bozeman are focused on 3 main environmental goals: improving water quality, addressing tree equity, and reducing the urban heat island effect. This project will target areas where new trees will maximize their impacts for climate change concerns. Volunteer planting sites will be selected based on these criteria and the voucher program will focus on residents living in areas most vulnerable to climate change. Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 48550 6.1.3. Explain how the project expands opportunities, resources and access for underserved and at- risk populations and communities. The 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. 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've 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. Further grant funding would allow us to continue volunteer efforts and our new voucher program. 6.1.6. Explain how the project develops and encourages the profession of urban forestry through technology transfer, education and training. 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 the benefits of trees. Continuing the voucher program would increase our impact on the private landscape and ensure that participating vendors are sharing our messaging. 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 tree planting is always focused on increasing species diversity, but it's also a chance to emphasize other details for tree health. The importance of watering, mulch, trunk guards, and staking are all included in discussion & materials. Both of these programs allow us to explain our current overreliance on Ash and Maples and the importance of alternative species for our urban environment. An important aspect to educate the public on is the necessity of introduced, non-native species that are perfectly suitable for the Bozeman area. 7. Project Personnel 7.1. List the Project Personnel I would like to use the provided table for my project personnel information. Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 49551 7.1.1. Provided Project Personnel Table Project Personnell List.xlsx 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 disadvantaged map. This would include both park spaces and street boulevards lacking tree canopy. He would also contribute to any revisions of the previous grants' voucher design & implementation. Forestry Staff - Wynn, Amy, Jesse, and Luke would contribute when it's time to purchase/deliver trees on volunteer days. They've also provided valuable input on potential sites within the disadvantaged map layers. Staff involvement with planting events would be minimized to simply dropping off trees and supplies, as most volunteer events with be led by GWC 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 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 lists includes several potential partners. Our planting sites aren't finalized for this project yet, but all partners listed have participated in previous events with either time or donations. Further local support could expand with increased awareness and outreach. 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 Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 50552 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 2025, with the process repeated for 2026 and possibly 2027 (May-June) if needed. Gallatin Watershed Council staff will provide outreach and advertising to announce events and conduct volunteer signups and waivers. Once vouchers are distributed (likely summer of 2026 for this grant), 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 benefits 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 and reflected on map layers for the Branch Out Bozeman website. Annual maintenance and tree inspections would be conducted by Forestry staff. We'd also track all redeemed vouchers and display metrics on those plantings (distribution, species, etc.). These map layers would be open to the public on the Branch Out Bozeman website, developing into year-over-year measurements 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 & methods of the effort would be recorded by both parties to ensure continuity. 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 don't know how much demand to expect. Another round of 50 vouchers through this grant may not be enough to satisfy interest. 11. Budget Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 51553 Check "More Information" to learn about direct and indirect costs. More Information 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 Direct costs. 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 15%. You can request less than 15% but unless you have a NICRA, you cannot request more than 15%. 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 City_of_Bozeman_-_UCF_IRA_FY25_-_Budget_Table.xlsx 11.3. Total Funds Requested. 20000 12. Supporting Documentation 12.1. Supplemental Information - Upload any supporting documentation you would like included in the application. Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 52554 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 Docusign Envelope ID: D4EC510E-EABD-4788-97E9-A3AAD214B4CA 53555 System for Award Management (SAM.gov) profile Please identify your organization to be associated with this application. All organization information in this section will come from the System for Award Management (SAM) profile for that organization. CITY OF BOZEMAN Information current from SAM.gov as of:11/04/2024 UEI-EFT:EEAPKALAEM35 DUNS (includes DUNS+4):083705293 Employer Identification Number (EIN):816001238 Organization legal name:CITY OF BOZEMAN Organization (doing business as) name: Mailing address:121 N ROUSE AVE BOZEMAN, MT 59715-3740 Physical address:121 N ROUSE AVE BOZEMAN, MT 59715-3740 Is your organization delinquent on any federal debt?N SAM.gov registration status:Active as of 10/14/2024 We have reviewed our bank account information on our SAM.gov profile to ensure it is up to date Applicant information Please provide the following additional information about the applicant. Applicant name Bozeman Fire Department Main address of location impacted by this grant Main address 1 300 East Oak Street Main address 2 121 N. Rouse Ave. City Bozeman State/territory MT Zip code 59715 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#1/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 19556 Zip extension 1230 In what county/parish is your organization physically located? If you have more than one station, in what county/parish is your main station located? Gallatin County, MT Applicant characteristics The Assistance to Firefighters Grants Program's objective is to provide funding directly to fire departments and nonaffiliated EMS organizations or a State Fire Training Academy for the purpose of protecting the health and safety of the public and first responder personnel against fire and fire-related hazards. Please review the Notice of Funding Opportunity Announcement (NOFO) for information on available program areas and for more information on the evaluation process and conditions of award. Please provide the following additional information about the applicant. Applicant type:Fire Department/Fire District Is this grant application a regional request? A regional request provides a direct regional and/or local benefit beyond your organization. You may apply for a regional request on behalf of your organization and any number of other participating eligible organizations within your region. No What kind of organization do you represent?All Paid/Career How many active firefighters does your department have who perform firefighting duties? 45 How many of your active firefighters are trained to the level of Firefighter I or equivalent? 45 How many of your active firefighters are trained to the level of Firefighter II or equivalent? 45 Are you requesting training funds in this application to bring 100% of your firefighters into compliance with NFPA 1001? No Which of the following standards does your organization meet regarding physicals? If physicals are not required then do not select any option. (optional) Meets NFPA or 1582 standard Meets NTSB or DOT standard Meets State/Local standard 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#2/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 20557 How many members in your department are trained to the level of EMR or EMT, Advanced EMT or Paramedic? 45 Does your department have a Community Paramedic program? No How many stations are operated by your department?3 Does your organization protect critical infrastructure of the state? Yes Please describe the critical infrastructure protected below. In our First Due Response area, we provide protection to many critical infrastructures. For example, in Bozeman School District 7, there are 13 public K-12 schools plus 3 private K-12 schools that are dispersed over a five-mile radius. In addition to our K-12 schools, we provide fire protection and EMS response to Montana State University and Gallatin College which collectively have an enrollment of approximately 17,000 students annually. Located on the Montana State University campus is the Brick Breeden Fieldhouse and the Bobcat Stadium which are two venues that host sporting events, concerts, large scale trainings, political events, and other public gatherings. The Bozeman Fire Department (BFD) also provides protection to two large healthcare facilities -Bozeman Health and Billings Clinic plus smaller health facilities such as Community Health Partners which is a federally qualified health center. The Bozeman Fire Department also protects the Regional Water/Wastewater Treatment plants, which interfaces with the Custer Gallatin National Forest, for the City of Bozeman. And in terms of chemical and manufacturing facilities, BFD provides protection for Exxon and Phillips 66 bulk storage and distribution facility. These facilities are within a couple of miles of BFD’s fire station 1, but there are two major transportation facilities located between BFD and facilities. These two major transportation facilities include Interstate 90 and several at grade Burlington Northern Railroad crossings. BFD also provides fire and EMS response to both transportation facilities. BFD participates in mutual aid assistance with other career departments as well as volunteer departments. This mutual aid agreement also 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#3/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 21558 includes wildland response in addition to the critical infrastructure listed here. Finally, according to the Census Bureau’s Population Estimates program, the City of Bozeman’s population increased from 2010 to 2020 by 69% (U.S. Census Bureau QuickFacts: Bozeman city, Montana). One of the largest industries in the City for major critical infrastructure is the construction industry. There is much new construction for BFD to protect. Do you currently report to the National Fire Incident Reporting System (NFIRS)? You will be required to report to NFIRS for the entire period of the grant. Yes Please enter your FDIN/FDID.06001 Do you offer live fire training?Yes What is the total number of live fire training exercises conducted per year on average? 4 Operating budget What is your organizations operating budget (e.g., personnel, maintenance of apparatus, equipment, facilities, utility costs, purchasing expendable items, etc.) dedicated to expenditures for day-to-day activities for the current (at time of application) fiscal year, as well as the previous two fiscal years? Current fiscal year:2025 What percentage of the declared operating budget is dedicated to personnel costs (salary, benefits, 88 Fiscal Year Operating budget 2025 $9,016,600.00 2024 $8,110,800.00 2023 $6,964,407.00 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#4/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 22559 overtime costs, etc.)? Does your department have any rainy day reserves, emergency funds, or capital outlay? Yes What is the total amount currently set aside?0.00 Describe the planned purpose of this fund.BFD has a capital equipment fund which is supported by a dedicated property tax levy. The purpose of this capital fund is to cover the cost of vehicle replacements, other apparatus, and large purchases such as radios, SCBAs, and PPE. With the cost overrun for Fire Station #2, inflation, and increased demand for services, this fund is in a deficit. In November 2024, the City levied for a new bond for recruitment and Fire Station #4. It was denied by voters and this fund is still in deficit. Describe your financial need and how consistent it is with the intent of the AFG Program. Include details The City of Bozeman Fire Department is a municipal fire department serving just over What percentage of the declared operating budget is derived from the following 2025 2024 2023 Taxes 90 100 100 Bond issues 0 0 0 EMS billing 0 0 0 Grants 9 0 0 Donations 0 0 0 Fund drives 0 0 0 Fee for service 1 0 0 Other 0 0 0 Totals 100 %100 %100 % 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#5/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 23560 describing your organization's financial distress such as summarizing budget constraints, unsuccessful attempts to secure other funding, and proving the financial distress is out of your control. twenty-one square miles with a permanent resident population of approximately 57,305 people. On average, the daily population increases by approximately 21,000 people coming into the city for work or personal business. The Fire Department’s operational budget is funded by the City General Fund primarily through local property taxes, state shared taxes, and service billing and grants for the fiscal year 2025 budget. There is no sales tax in the State of Montana. Typically for major capital improvement or operational budget constraints, the City relies on voter approval for a construction bond or mill levy. The Bozeman FD has experienced several budget constraints this year. Two challenges for Bozeman FD are recruitment and affordable housing. Most of the budget is spent on personnel and fringe benefits. Per the collective bargaining agreement for the current fiscal year, the fire department’s current base wage increased by 6.5%, the health insurance cost increased by 5.77%, and basic life insurance increased by 20%. The City of Bozeman FD has equitable salaries and benefits compared to peer communities, but the availability and cost of housing is significantly more challenging in Bozeman. Often housing expenses are more than the suggested 30% of income which makes recruitment difficult. Another financial setback that Bozeman and consequently the Fire Department experienced this year is diminished revenue from newly taxable property. Local governments are limited by MT State law to increasing property tax revenue by half the rate of inflation for the previous three years, plus new growth. Essentially this means that new growth in Bozeman is funding the maintenance of our current operations, over time resulting in a reduction in overall level of service. And due to the rapid growth in Bozeman, Gallatin County, and many cities in MT, the Montana Department of Revenue is struggling to keep up with adding new property onto tax rolls. Meaning newly taxable value is not being added to the Cities property tax revenue equation, resulting in lower overall revenues than we included in the 2025 Biennium budget. While cost of living, labor expenses and the demand for public safety services remain high, the ability to recoup property tax revenue 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#6/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 24561 was much less than expected. This budget shortfall has affected the Fire Department’s operational abilities. In addition to the tax revenue constraints, the capital project completed in September 2024 created a large deficit for the Fire Department. Located on Montana State University campus, Bozeman voters approved a $6.73 million general obligation bond in 2021 for the new fire station. Unfortunately, during that time, on the heels of Covid, the market was quite volatile for infrastructure projects, and it was over $14 million for the new fire station, which has strained the General Fund overall. Committed to public safety though, Bozeman approached voters again on the November 2024 ballot for a second general obligation bond to build a new fire station #4. Fire station #4 was estimated at $18 million dollars and planned to be strategically constructed on the West side of the City where much of the new growth is occurring. Also, it would have added 25 firefighters, staff positions, PPE and supplies. Unfortunately, the bond measure was not approved. The Bozeman FD received a SAFER grant in October 2024 which will help with staffing concerns. However, the overall financial challenge is increased demand for services, exponential residential and business growth in Gallatin County juxtaposed with resident tax fatigue, challenging housing prices, and steady inflation rates affecting the cost of living. Without AFG, the Bozeman FD will require additional discretionary General Fund dollars to purchase critical PPE and equipment, resulting in a need to freeze positions in the General Fund for Fire and other departments. In cases of demonstrated economic hardship, and upon the request of the grant applicant, the FEMA Administrator may grant an Economic Hardship Waiver. Is it your organization's intent to apply for an Economic Hardship Waiver? No Other funding sources This fiscal year, are you receiving Federal funding from any other grant program for the same purpose for which you are applying for this grant? No 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#7/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 25562 This fiscal year, are you receiving Federal funding from any other grant program regardless of purpose? Yes Please provide an explanation for other funding sources in the space provided below. We received a FEMA SAFER grant in October 2024. Applicant and community trends Please provide the following additional information about the applicant. How many vehicles does your organization have in each of the type or class of vehicle listed below? You must include vehicles that are leased or on long-term loan as well as any vehicles that have been ordered or otherwise currently under contract for purchase or lease by your organization but not yet in your possession. Injuries and fatalities 2023 2022 2021 What is the total number of fire-related civilian fatalities in your jurisdiction over the last three calendar years? 0 0 0 What is the total number of fire-related civilian injuries in your jurisdiction over the last three calendar years? 0 0 0 What is the total number of line of duty member fatalities in your jurisdiction over the last three calendar years? 0 0 0 What is the total number of line of duty member injuries in your jurisdiction over the last three calendar years? 9 15 10 What is the total number of members with self-inflicted fatalities over the last three years? 0 0 0 Seated riding positions The number of seated riding positions must be equal or greater than the total number of frontline and reserve apparatus. If there are zero frontline and zero reserve apparatus, the number of seated riding positions must be zero..  Type or class of vehicles Number of frontline apparatus Number of reserve apparatus Number of seated riding positions Engines or pumpers (pumping capacity of 750 gallons per minute (GPM) or greater and water capacity of 300 gallons or more): pumper, pumper/tanker, rescue/pumper, foam pumper, CAFS pumper, type I, type II engine urban interface. 2 2 16 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#8/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 26563 How many ALS Response vehicles are in your fleet?3 Is your department facing a new risk, expanding service to a new area, or experiencing an increased call volume? Yes Please explain how your department is facing a new risk, expanding service to a new area, or experiencing an increased call volume. The Bozeman Fire Department (BFD) has operated with three fire stations, housing a Battalion, two engines, and a truck since 2009. The City continues to experience significant population growth and development. In calendar year 2024, the City of Bozeman has annexed 165 acres with four more developments pending approval. With this annexation and additional developments, the service area has expanded to the west and southwest sides of the City increasing our response time. As part of the 2022- 2024 BFD Strategic Plan, the department is implementing a Quick Response Vehicle to meet operational needs of the increased response time. Type or class of vehicles Number of frontline apparatus Number of reserve apparatus Number of seated riding positions Ambulances for transport and/or emergency response.2 0 4 Tankers or tenders (water capacity of 1,000 gallons or more).0 0 0 Aerial apparatus: aerial ladder truck, telescoping, articulating, ladder towers, platform, tiller ladder truck, quint. 1 0 4 Brush/quick attack (pumping capacity of less than 750 GPM and water carrying capacity of at least 300 gallons): brush truck, patrol unit (pickup w/ skid unit), quick attack unit, mini-pumper, type III engine, type IV engine, type V engine, type VI engine, type VII engine. 2 0 6 Rescue vehicles: rescue squad, rescue (light, medium, heavy), technical rescue vehicle, hazardous materials unit. 1 0 4 Additional vehicles: EMS chase vehicle, air/light unit, rehab units, bomb unit, technical support (command, operational support/supply), hose tender, salvage truck, ARFF (aircraft rescue firefighting), command/mobile communications vehicle. 1 0 2 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#9/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 27564 Community description Please provide the following additional information about the community your organization serves. Type of jurisdiction served City What type of community does your organization serve? Suburban What is the square mileage of your first due response zone/jurisdiction served? 21 What percentage of your primary response area is protected by hydrants? 95 What percentage of your primary response area is for the following: Percentage (must sum to 100%) Agriculture, wildland, open space, or undeveloped properties 5 Commercial and industrial purposes 25 Residential purposes 70 Total 100 What is the permanent resident population of your first due response zone/jurisdiction served? 57305 Do you have a seasonal increase in population?Yes What is your seasonal increase in population (number of people)? 2000000 Please describe your organization and/or community that you serve. Geographically, Bozeman Fire Department is located in south central Montana, adjacent to the Missouri River Headwaters valley with mountains surrounding the area. The Bridger Mountain range is to the northeast, Hyalite Canyon to the South, and Gallatin Canyon to the Southwest, collectively all are in the Custer Gallatin National Forest. The Bozeman Fire Department is located along U.S. Interstate 90 which is heavily traveled daily. Lastly, this area of Gallatin County is home to the Yellowstone International Airport which is the busiest airport (bozemanairport.com) in the State bringing many travelers to the area. 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#10/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 28565 Bozeman is the fourth largest city in Montana and is the county seat for Gallatin County. Bozeman is a continuously growing community. In the 2023 census (Montana Cities by Population (2024)), Bozeman’s population was 57,305. Since 2020, Bozeman has experienced a four percent increase in population on average each year. During 2018- 2020, Bozeman was deemed the fastest growing micropolitan statistical area in the U.S. In addition to the permanent resident population, approximately 21,000 people commute into the City for work or personal business daily. Bozeman is also home to Montana State University which has an annual student population of approximately 17,000 students per year (Fall Headcount Enrollment History - University Data & Analytics | Montana State University). And finally, Bozeman is a recreation hub offering world class hunting, fishing, skiing, hiking, biking, camping and outdoor recreation, and the recreational opportunities bring many visitors to the City weekly. The Bozeman Fire Department, organized in 1884, currently has three stations. Fire Station #1 is located just northeast of the downtown city center; Fire Station #2 is located on Montana State University campus; and, Fire Station #3 is centrally located. The Department employs 45 line personnel that provide structural and wildland firefighting capabilities, EMS, hazardous materials response, technical rescue, unmanned aerial systems, public education, and fire prevention. The FD has 9 response apparatus. Within the City’s boundaries, Interstate 90 separates sections of the City to the north from the south. Also, U.S. Route 191 runs east to west through the center of Downtown Bozeman which many semi-trucks travel daily presenting unsafe situations near pedestrians. Within 15 miles of fire station #1, there is the Bridger Bowl Ski area which brings many visitors to the area, sometimes during hazardous weather conditions. And approximately nine miles away, there is the Bozeman Yellowstone International Airport where the fire department provides mutual aid to Central Valley Fire District. With the SAFER grant awarded in October 2024, the Bozeman Fire Department is on target to recruit twelve new line firefighters by March 2028. This addition will 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#11/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 29566 greatly help with the City’s largest challenge - growth. As the City continues to annex new area further west for extensive development and construction (https://www.foxbusiness.com/real- estate/bozeman-montana-home-booming-real- estate-market), the Department is challenged with increased service demands and increased response time. Call volume Summary 2023 2022 2021 Fire - NFIRS Series 100 69 89 103 Overpressure Rupture, Explosion, Overheat (No Fire) - NFIRS Series 200 6 6 3 Rescue & Emergency Medical Service Incident - NFIRS Series 300 2283 2714 2716 Hazardous Condition (No Fire) - NFIRS Series 400 361 272 213 Service Call - NFIRS Series 500 331 282 311 Good Intent Call - NFIRS Series 600 554 621 452 False Alarm & Falls Call - NFIRS Series 700 577 670 541 Severe Weather & Natural Disaster - NFIRS Series 800 0 7 1 Special Incident Type - NFIRS Series 900 8 7 7 Total 4189 4668 4347 Fire How many responses per year per category?2023 2022 2021 "Structure Fire" (Of the NFIRS Series 100 calls, NFIRS Codes 111-120)35 50 58 "Vehicle Fire" (Of the NFIRS Series 100 calls, NFIRS Codes 130-138)10 11 8 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#12/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 30567 How many responses per year per category?2023 2022 2021 "Vegetation Fire" (Of the NFIRS Series 100 calls, NFIRS Codes 140-143)7 13 18 Total 52 74 84 Total acreage per year 2023 2022 2021 Total acreage of all vegetation fires 2 2 3 Rescue and emergency medical service incidents How many responses per year per category?2023 2022 2021 "Motor Vehicle Accidents" (Of the NFIRS Series 300 calls, NFIRS Codes 322- 324) 307 334 411 "Extrications from Vehicles" (Of the NFIRS Series 300 calls, NFIRS Code 352) 2 9 6 "Rescues" (Of the NFIRS Series 300 calls, NFIRS Code 300, 351, 353-381)28 21 18 EMS-BLS Response Calls 0 0 0 EMS-ALS Response Calls 1939 2350 2281 EMS-BLS Scheduled Transports 0 0 0 EMS-ALS Scheduled Transports 0 0 0 Community Paramedic Response Calls 0 0 0 Total 2276 2714 2716 Mutual and automatic aid How many responses per year per category?2023 2022 2021 Amount of times the organization received Mutual Aid 0 0 0 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#13/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 31568 How many responses per year per category?2023 2022 2021 Amount of times the organization received Automatic Aid 5 8 5 Amount of times the organization provided Mutual Aid 0 0 0 Amount of times the organization provided Automatic Aid 12 17 24 Of the Mutual and Automatic Aid responses, amount that were structure fires 17 39 51 Total 34 64 80 Grant request details Are you requesting a Micro Grant? A Micro Grant is limited to $75,000 in federal resources. No Grand total: $602,090.00 Program area: Operations and safety Activity: Personal Protective Equipment (PPE)$215,440.00 Activity: Equipment $386,650.00   Grant request summary The table below summarizes the number of items and total cost within each activity you have requested funding for. This table will update as you change the items within your grant request details. Grant request summary 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#14/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 32569 Is your proposed project limited to one or more of the following activities : Planning and development of policies or processes. Management, administrative, or personnel actions. Classroom-based training. Acquisition of mobile and portable equipment (not involving installation) on or in a building. Yes  Activity Number of items Total cost Personal Protective Equipment (PPE) 12 $215,440.00 Equipment 10 $386,650.00 Total 22 $602,090.00 Budget summary Budget summary Object class categories Total Personnel $0.00 Fringe benefits $0.00 Travel $0.00 Equipment $471,000.00 Supplies $131,090.00 Contractual $0.00 Construction $0.00 Other $0.00 Total direct charges $602,090.00 Indirect charges $0.00 TOTAL $602,090.00 Non-federal resources Applicant $54,735.45 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#15/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 33570 Object class categories Total State $0.00 Other sources $0.00 Remarks Total Federal and Non-federal resources Federal resources $547,354.55 Non-federal resources $54,735.45 TOTAL $602,090.00 Program income $0.00 Contact information Did any individual or organization assist with the development, preparation, or review of the application to include drafting or writing the narrative and budget, whether that person, entity, or agent is compensated or not and whether the assistance took place prior to submitting the application? Yes Application participants Please add all individuals or organizations who assisted with the application. Include all individuals or organizations who assisted with the development, preparation, or review of the application to include drafting or writing the narrative and budget, whether that person, entity, or agent is compensated or not and whether the assistance took place prior to submitting the application or not. Jamie Grabinski jgrabinski@bozeman.ne Primary phone 4065822364 Work Mailing address 121 N. Rouse Ave. Bozeman MT 59715 1230 Fax 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#16/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 34571 Secondary point of contact Please provide a secondary point of contact for this grant. The Authorized Organization Representative (AOR) who submits the application will be identified as the primary point of contact for the grant. Please provide one secondary point of contact for this grant below. The secondary contact can be members of the fire department or organizations applying for the grant that will see the grant through completion, are familiar with the grant application, and have the authority to make decisions on and to act upon this grant application. The secondary point of contact can also be an individual who assisted with the development, preparation, or review of the application. MR Steven Thime Training Officer sthime@bozeman.net Primary phone 4065822354 Work Additional phones 4065703920 Mobile Fax Assurance and certifications SF-424B: Assurances - Non-Construction Programs OMB Number: 4040-0007 Expiration Date: 02/28/2025 Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal OMB number: 4040-0007, Expiration date: 02/28/2025 View burden statement 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#17/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 35572 gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a- 7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#18/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 36573 amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. Certifications regarding lobbying OMB Number: 4040-0013 Expiration Date: 02/28/2025 Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#19/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 37574 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SF-LLL: Disclosure of Lobbying Activities OMB Number: 4040-0013 Expiration Date: 02/28/2025 Complete only if the applicant is required to do so by 44 C.F.R. part 18. Generally disclosure is required when applying for a grant of more than $100,000 and if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Further, the recipient shall file a disclosure form at the end of each calendar quarter in which there occurs any event described in 44 C.F.R. § 18.110(c) that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the applicant. The applicant is not currently required to submit the SF-LLL. 1. Type of federal action:grant 2. Status of federal action:bid/offer/application 3. Report type:initial filing 4. Name and address of reporting entity:Prime OMB number: 4040-0013, Expiration date: 02/28/2025 View burden statement 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#20/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 38575 Name City of Bozeman Fire Department Street 1 300 East Oak Street Street 2 121 N. Rouse Ave. City Bozeman State MT Zip 59715 Zip Ext 1230 Congressional district, if known:MT-01 6. Federal department/agency:Homeland Secuirty 7. Federal program name/description:Assistance to Firefighters Grant Program CFDA number, if applicable:97.044 8. Federal action number, if known: 9. Award amount, if known:$0.00 10a. Name and address of lobbying registrant: Prefix First name n/a Middle name Last name n/a Suffix Street 1 n/a Street 2 City n/a State MT Zip 59715 Zip Ext 10b. Individual performing services: (including address if different from No. 10a) Prefix First name n/a Middle name 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#21/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 39576 Last name n/a Suffix Street 1 Street 2 City State Zip Zip Ext 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Notice of funding opportunity I certify that the applicant organization has consulted the appropriate Notice of Funding Opportunity and that all requested activities are programmatically allowable, technically feasible, and can be completed within the award's Period of Performance (POP). Accuracy of application I certify that I represent the organization applying for this grant and have reviewed and confirmed the accuracy of all application information submitted. Regardless of intent, the submission of information that is false or misleading may result in actions by FEMA that include, but are not limited to: the submitted application not being considered for award, enforcement actions taken against an existing award pending investigation or review, or referral to the DHS Office of Inspector General. Authorized Organizational Representative for the grant By signing this application, I certify that I understand that inputting my password below signifies that I am the identified Authorized Organization Representative for this grant. Further, I understand that this electronic signature shall bind the organization as if the application were physically signed and filed. Authorization to submit application on behalf of applicant organization 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#22/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 40577 By signing this application, I certify that I am either an employee or official of the applicant organization and am authorized to submit this application on behalf of my organization; or, if I am not an employee or official of the applicant organization, I certify that the applicant organization is aware I am submitting this application on its behalf, that I have written authorization from the applicant organization to submit this application on their behalf, and that I have provided contact information for an employee or official of the applicant organization in addition to my contact information. 12/19/24, 10:27 AM FEMAGO - Manage My Grants https://go.fema.gov/grant/EMW-2024-FG-06089/application#23/23 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 41578 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: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 17579 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: FEMA Assistance to Firefighters Grant 2025 Jamie Grabinski Fire Jamie Grabinski Fire personnel 97.044 2025 547,354.55 No 10.00%010-3120-422- $ 54,735.45 Yes Yes The purpose of the Assistance to Firefighters grant is to enhance the safety of firefighters and therefore the public with respect to fire and fire-related hazards. The program provides direct financial assistance to fire departments for training and equipment. The scope of our project and grant request is to outfit the twelve (12) new SAFER firefighters that we will be onboarding soon and also equip a Quick Response Vehicle with the necessary medical equipment. The programmatic and financial grant reporting will be completed via FEMAgo.gov portal. If awarded an AF grant, there will be an onboarding process. n/a n/a n/a n/a n/a 01/14/2025 Docusign Envelope ID: 92ECEDE4-8E20-49FE-986A-C2CA8DB7505B 18580