HomeMy WebLinkAbout24 - Professional Services Agreements - Downtown Bozeman Partnership - Downtown Bozeman Urban Renewal District DocuSign Envelope ID:05ED946E-87D9-4228-9BAE-CAOC843319B4
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Professional Services Agreement
Regarding the Administration and Management of the
Downtown Bozeman Urban Renewal District
WHEREAS, the Downtown Urban Renewal District was created March 6, 1995 by
Commission Resolution No. 3046; and
WHEREAS, the Downtown Urban Renewal Plan was adopted on November 20, 1995 by
Commission Ordinance No. 1409; and
WHEREAS, the life of the Tax Increment Financing District established under the Urban
Renewal Plan was extended on March 7, 2005 by Commission Ordinance No. 1628; and
WHEREAS, the life of the Tax Increment Financing District established under the Urban
Renewal Plan was extended on December 17, 2007 until the year 2032 with the sale of Tax
Increment Urban Renewal Revenue Bonds by Commission Resolution No. 4073; and
WHEREAS, the adopted Urban Renewal Plan stipulated that an Urban Renewal Agency
would be created and referred to as the Downtown Bozeman Improvement District Board(the
"Board")pursuant to 7-15-4232 MCA and 7-15-4234 MCA; and
7-15-4232. Authorization to assign urban renewal powers to municipal
departments or to create urban renewal agency. When a municipality has
made the finding
prescribed in 7-15-4210 and has elected to have the urban renewal project powers
exercised as specified in 7-15-4233:
(1) such urban renewal project powers may be assigned to a department or other
officers of the municipality or to any existing public body corporate;
7-15-4234. Urban renewal agency to be administered by appointed board of
commissioners. (1) If the urban renewal agency is authorized to transact business
and exercise powers under this part, the mayor, by and with the advice and
consent of the local governing body, shall appoint a board of commissioners of
the urban renewal agency consisting of five commissioners...
WHEREAS, the Downtown Board as the designated Urban Renewal Agency is
authorized to employ the necessary staff to implement the Urban Renewal Plan pursuant to 7-15-
4238 MCA;
Professional Services Agreement for
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7-15-4238. Employment of necessary staff. The urban renewal agency or
department or officers exercising urban renewal project powers shall be supplied
with the necessary technical experts and such other agents and employees,
permanent and temporary, as are required.
WHEREAS, the Board bylaws state "Should a private organization be responsible for
program administration, such arrangements shall be made by contract with the City of
Bozeman.";
NOW, THEREFORE, the Downtown Bozeman Partnership and City of Bozeman enter
into this Professional Services Agreement defining the administration and management of the
Downtown Bozeman Urban Renewal District.
THIS AGREEMENT is made and entered into this 4t' day of June 2024 ("Effective
Date"), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121
North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as "City," and the DOWNTOWN BOZEMAN PARTNERSHIP,
LLC, a limited liability company, with a physical and mailing address of 222 East Main Street
#302,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 date of its execution
and will terminate on the 30th day of June 2025.
3. Scope of Work: Contractor will provide administrative and management services
to the Board pursuant to the URD FY2025 Work Plan and Budget outlined in the Scope of
Services, Exhibit "A". 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, Exhibit "A" as the "Downtown Partnership Management Fee". 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
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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.
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
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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
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
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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 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. Contractor shall notify City within two(2)business days of Contractor's receipt of notice
that any required insurance coverage will be terminated or Contractor's decision to terminate any
required insurance coverage for any reason.
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The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
8. Termination for Contractor's Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any
terms or conditions of this Agreement, the City may, by written notice, terminate this
Agreement and the Contractor's right to proceed with all or any part of the work
("Termination Notice Due to Contractor's Fault"). The City may then take over the work
and complete it, either with its own resources or by re-letting the contract to any other third
party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
C. Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances,be entitled to claim or recover consequential,special,punitive,lost business
opportunity,lost productivity,field office overhead,general conditions costs,or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City's Convenience:
a. Should conditions arise which,in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor ("Notice of Termination for
City's Convenience"). The termination shall be effective in the manner specified in the
Notice of Termination for City's Convenience and shall be without prejudice to any claims
that the City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City's Convenience, unless
otherwise directed in the Notice,the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work,
incurring additional expenses or costs under this Agreement and shall immediately cancel
all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only
such work as may be necessary to preserve,protect, and maintain work already completed
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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 David Fine 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
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purpose of this Agreement shall be Ellie Staley (DBP Executive Director) 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 Parry'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
Professional Services Agreement for
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Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section
140, Title 2, United States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol
or illegal drugs, by any employee or agent engaged in services to the City under this Agreement
while on City property or in the performance of any activities under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the
U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor's rights, including the right to compensation or duties arising
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.
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18. Non-Waiver: A waiver by either parry of any default or breach by the other party
of any terms or conditions of this Agreement does not limit the other party's right to enforce such
term or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
19. Attorney's Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney's Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
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.
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26. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written,made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part
of this Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** 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 DOWNTOWN BOZEMAN PARTNERSHIP
CONTRACTOR
DocuSigned by:
DocuSigned by: '� �y2 DocuSigned by:
B �1iln�n, B sa�j
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Chuck Winn, City Manager. Elhe gtaiey,executive Director
APPROVED AS TO FORM:
DocuSigned by:
By G SAIIJ ,
Greg uffivan;4 ity Attorney
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Exhibit A
Downtown Urban Renewal District
FY2025 Work Plan and Budget
Downtown URD Mission Statement
The Downtown Bozeman Urban Renewal District board (URD)will foster an economically thriving district
that: 1)attracts investment;2)stabilizes and strengthens the tax base; and 3)supports the vitality and
diversity of the Gallatin Valley as its social and cultural center.
In 1995,the City Commission adopted the Urban Renewal Plan for downtown Bozeman which was
subsequently amended in 2015.The intent and purpose of the Urban Renewal Plan emphasizes:
1. Bozeman's historical character as a"working"downtown shall be maintained.
2. Traffic movement and access shall be designed with the emphasis on the downtown as a
designation rather than improving the flow of through traffic.
3. The facilitation of private/public partnerships is encouraged in the implementation of the Plan.
4. Objectives shall be accomplished by incentives whenever possible.
5. Private property rights will be respected.
6. Administrative practices shall be conducted in a constructive manner which fosters cooperation.
7. This Plan is further detailed,refined, prioritized and implemented by the"Downtown Improvement
Plan"which outlines specific programs and projects consistent with the Urban Renewal Plan.
The Urban Renewal Plan established nine"Guiding Principles"to provide direction for improving Bozeman's
historic downtown.The Urban Renewal Study Committee considered the first three principles more
important than the next three with the last three the least important. However,the Committee deemed all
nine principles to be vital to achieving the vision for downtown. Key implementation actions were identified
for each principle(may apply to multiple principles but are only listed once below).
1. Strengthen downtown's economic vitality
2. Improve the safety,security and health of the district
3. The image of downtown shall be continuously improved
4. Downtown's accessibility shall be improved
5. "Community Partnership"is fundamental to downtown's success
6. Downtown's diversity shall be facilitated
7. The cost of projects and programs shall be weighed against their benefits
8. Downtown shall become more user friendly
9. Cultural activities shall be nurtured and expanded downtown
Downtown URD FY25 Programs, Projects and Initiatives
The Downtown URD anticipates an FY24 year-end balance of$6.1 million and FY24 revenues are projected to
be$2.3 million which totals just under$8.5 million of funding available for FY25.The proposed FY25
expenditures along with encumbered and allocated funds,total$8.4 million with an estimated FY25 year-end
balance of$81,500.The following work plan and budget outline these projects and projected expenses.
Ongoing DBP/City of Bozeman Operational Support:
Downtown Bozeman Partnership(DBP)Management Fee(FY25$236,000)
An estimated 7%increase in FY25.The DBP continues to see rises in health care premiums,energy
bills and overall operational costs.As an organization,we continue to operate on tight margins and
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assume stewardship over downtown designated funds to ensure high-level staff support while also
providing stable organizational support through the DBP.
City of Bozeman Economic Development Staff Support(FY25-$64,300)
This expense helps fund a portion of payroll expenses for City of Bozeman staffing support.Over this
past year,specifically,we have worked collaboratively to establish our city staffing support to be
utilized to the fullest as seen through continued TIF state policy support and improvement
agreement assistance.As anticipated,we will see a small increase in this cost, based on increases
to city staff salaries and benefits.
Current Encumbered Projects and Programs:
Soroptimist Park/North Black Pocket Park Planning&Ongoing Improvements(FY25-$60,000)
In FY24,we re-allocated funds to complete the needed infrastructure work at the North Black Pocket
Park,while making minor improvements to Soroptimist Park, like enhanced pedestrian access,
additional fencing and tree trimming. Into FY25, I am proposing partnering with the City Parks
Department to focus on a future redevelopment project at Soroptimist Park,with potential
construction in FY26.
Alley Improvement Project&Planning(FY25-$75,000)
The Alley Improvement Project is in the construction phase and slated to be complete by early FY25
with the majority of allocated funds to complete one full alley to be paid within FY24 or encumbered
into the early part of FY25.The DURD has decided to review the benefits of this project into FY25,
with some additional funds to complete or enhance the current project and begin planning for the
next,with hopes to complete another full alley project in FY27.
Tree Replacement Project(FY25-$50,000)
These funds have been reallocated into a separate line item based on increased needs over the past
two years. Between 2022 and 2023,the City Forestry Department removed 16 trees with more slated
now and into the future.With city staffing issues and an average annual tree replacement plan of 3-4
trees,the DURD assisted in the infrastructure needs. In FY2024,the DURD removed and replaced 5
difficult trees under the"Streetscape Improvement"category and hope to continue to allocate funds
more specifically until we can collectively catch up on this issue.
Workforce Housing Project—Fire Station One(FY23-FY27-Encumbered$1,600,000)
This is an encumbered expense approved for a project with 50 units of work force housing to be sold
at 120%AMI.The$1.6 million approved for this project will be reimbursed at the certificate of
occupancy and when all of the project conditions have been met.The property owner has 5 years
from May 2023 to complete the work in order to be reimbursed these funds.
On-going Programs&Projects in FY25:
Wayfinding and Parking Signage Project—Planning/Infrastructure(FY24-$40,000,FY25-
$50,000)
This ranked as a top project on the URD board prioritization exercise to expand and clarify what
amenities and parking are available.After putting this project on hold through FY23 and FY24,there
is a renewed interest in completing this project, potentially with State Grant funding assistance.
Bozeman Creek(FY25 Planning for Proposed Master Plan-$20,000)
Montana Coal Endowment Grant submitted by#SeeBozemanCreek working group for preliminary
engineering work and flood plain updates to look at flood plan mitigation within downtown. Bozeman
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City Commission has listed Bozeman Creek as a FY25 priority(to be adopted).The DURD board
would like to continue supporting planning efforts aimed specifically at flood mitigation and safety
improvements with the DURD district.
Alternative Transportation Projects/Planning(FY25 Improvements-$50,000)
We continue to focus on pedestrian safety and downtown access along Mendenhall and Babcock.
We are currently developing a scope with short and long-term attainable solutions with the City
Public Works and Engineering departments.We hope to implement some safety improvements in
FY25 like bright signage, increased pedestrian safety features and more. If the Black Avenue bike
lane project gets going again,there is potential to support that project within our district.
Streetscape Design and Engineering Planning(FY25$35,000)
• Streetscape Design Standard-Complete and utilize for future projects for
consistency and compliance. Set to be completed in late FY24, utilized for
upcoming projects in FY25.
• Streetscape Side-Street Preliminary Engineering- Update and continue
planning to extend the streetscape to non-completed sections of Main
Street, Babcock, and Mendenhall. and along side-streets,The goal is to
establish "opportunity locations" (ex. North Wilson, South Wallace,West
Main to 51h or 7th) and establish "Streetscape Assistance Grant"funding
capacity for future planning and infrastructure completion.
Allocated Parking Funds in FY25:
Parking Supply,Management Planning and Data Collection—(FY25-$4,770,000)
• Management Planning and Data Collection There continues to be
concerns and questions surrounding a future management plan for
downtown parking. Consistent data collection for informed decision making
continues to be a priority of the DURD board. We hope to collect and utilize
data in FY25 to assist in decisions made and potential future parking funding
assistance.
• Structured Parking Site Plan, Bids- Planning Allocated funds to support
future parking supply infrastructure planning costs
• Parking Supply-Parking supply and Infrastructure has been a DURD priority
for manyyears, established in both downtown plans and outlined in
Resolution 1409.The current Downtown URD Board continues to allocate
funds to add to future parking supply through.
Downtown URD Grant Opportunities in FY25:
URD Grant Programs—The URD grants have been updated to reflect current code updates and can
now be completed online.Continued revisions and updates have bene made to make grants
relevant.A more aggressive approach to advertise the grants has been done with great results.
• Streetscape Assistance (FY25-$100,000)
■ Knowing the DURD cannot fund all streetscape improvements in the
district, there is interest in increasing the availability for
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redevelopments, where funding can assist in the completion of
streetscape and sidewalk improvements.
• Fiber Infrastructure Grant(FY25-$10,000)
■ No big changes needed, continue to be used and generally see up to 5
applicants/yr.
• Life-safety Grant(FY25-$30,000)
■ Great investment but only for larger re-development projects, assume
2-3 per/yr. at$10K/ea.
• Technical Assistance Grant(FY25-$50,000)
■ Add Art/Social Infrastructure Grant
■ Add CPTED (Crime Prevention through Environmental Design) Grants
—Lighting, cameras, landscape improvements
• Residential Incentive Program (FY25-$200,000)
■ One applicant in FY24, 5t" and Main 6-story residential project, likely
to be reimbursed in FY25. With several new housing projects slated in
our district in the coming years, keeping these funds available can
assist with smaller, more affordable units.
o Art Enhancement/CPTED Grant(NEW in FY25-$20,000)
■ As safety and beautification continue to be a priority for urbans
districts and Bozeman specifically, we would like to make funds
available to private developers and property owners to enhance
public portions of their properties through art and safety elements.
We have seen success in these funding programs across the state
and would like to explore the concept in Downtown Bozeman through
FY25. Format of application and distribution of funds TBD.
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FY25 FY26 DRAFT
Category Budget Budget
Income
Starting Cash Balance $6,061,900 $91,500
Income from TIF
COB Interlocal Share $2,362 500 $2 598,800
Entitlement Share State of Montana $57,100 $57,100
Interest Income $2 100 $2 100
Other Income
Total Income $8,483,600 $2,749,500
Expenses
Operations
D BP Management Fee $236,000 $251,000
City Administrative Costs/Support $61,100 $64,300
Total Operations $297,100 $315,300
Infrastructure Improvements
Park Improvements Soro timist/NBPP $10,000 $250 000
,Alley Improvements $50,000 $0
Utility Infrastructure Improvements $350,000 $400,000
Wayfinding&Parking Si na a $15,000 $20,000
Bozeman Creek Improvements $0 $10,000
Alternative Transportation Projects $40,000 $25,000
Tree Replacement Project Streetsca e Imp.in FY24 $50,000 $50,000
Street Furniture/Streetsca a Improvements&Furniture $25,000 $25,000
Intersection Cable Anchor Repairs $10,000 $10,000
Parklet Infrastructure $20,000 $0
Streetlamp Power Reconfiguration Project(SILD) $100,000 $0
Streetsca a Assistance Grant Program $50,000 $100,000
Life-Safety Grant Program $30,000 $30,000
Fiber-Broadband Infrastructure Grants $10,000 $10,000
Art Enhancement/CPTED Grant Program $20,000 $20,000
Housing Assistance
Residential Incentive Grant Program $200,000 $200,000
Workforce Housing Project-Fire Station One $1,600,000
Total Improvements $2,580,000 $1,150,000
Planning
Park Improvement Planning Soroptimist/NBPP $50,000 $0
Alley Planning $25,000 $10,000
Utility Infrastructure Improvement Planning $50,000 $50,000
Wayfinding Plan Development $35,000 $10,000
Bozeman Creek Planning $20,000 $10,000
Alternative Transportation Planning $10,000 $25,000
Downtown Streetscape Design Standards $10,000 $10,000
Side-Streetsca a Preliminary Engineering $25,000 $50,000
Parklet Planning/Program $10,000 $20,000
DBIP General Implementation $50,000 $50,000
Professional Services Term Contract $75,000 $75,000
Code Amendments $0 $0
Downtown Infrastructure&Public Realm Plan $0 $0
Technical Assistance Grant Program $50,000 $50,000
Parking-Designated Funds
Parking Supply,Management Planning,and Data Collecti $4,770,000 $20,000
Parking Supply,Site Plans and Data Collection $0
Parking Supply-Designated Funds $0
Total Planning/Parking $5,180,000 $380,000
Parking Structure
Gara a Bond Payment $335,000 $335,000
Total Parking Garage Payments $335,000 $335,000
Total Expenses $8,392,100 $2,180,300
Balance $91,500 $569,200
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